THE TRYALS OF Sir GEORGE WAKEMAN Baronet. WILLIAM MARSHALL, WILLIAM RUMLEY, & JAMES CORKER, Benedictine Monks. FOR HIGH TREASON, For Conspiring the DEATH of the KING, Subversion of the Government, and Protestant Religion.

At the Sessions in the Old Bayley, holden for London and Middlesex or Fryday the 18th, of July 1679.

Published by Authority.

DƲBLIN, Reprinted 1679.

THE TRYAL'S &c.
Ʋpon Fryday the 18th. of July, 1679. at the Sessions [...] House in the Old-Bayley, London, the Court being met, and Proclamation made for At­tendance the Trials proceeded thus.

Cl. of Cr.

Sir George Wakeman, William Marshall, 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 Middl: Bar: William Marshall 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 & most Excellent Prince Charles the Second, by the Grace of God of England, Scotland, France, & Ireland, King, Defender of the Faith, &c: your Supream and Natural Lord, the fear of God in your hearts not having, nor weighing the duty of your Allegiance, but being moved & seduced by the instigation of the Devil & the cordial love, true▪ due & natural Obedience, which true and faithful Subjects of our said Sovereign Lord the King, do & of right ought to bear, towards him, our said Soveraign Lord the King utterly withdrawing and ende [...] ouring and intending with all your strength the Peace and common Tranquility of this Kingdom of England to disturb, and the true Wor­ship of God within this Kingdom of England used, and by the Laws of the same established, to overthrow, and the Government of this Realm to subvert, & Sedition and Rebellion within this Kingdom of England to move stir up and procure, and the cordial love, true, due and natu­ral obedience, which true and faithful Subjects of our said Soveraign Lord the King, ought and of right are bound to bear towards him our said Soveraign Lord the King wholly to with­draw, put out & extinguish, & Him our said Soveraign Lord the King to death & final destructi­on to bring & put, you the said Sir George Wakeman, William Marshall & William Rumley the 30th day of August, in the 30th. year of the Reign of our said Soveraign Lord King Charles the Second, at the Parish of St: Giles in the Field, of resaid, in the County aforesaid falsly, malieiously, subtilly, advisedly and traiterously, did purpose, compass, imagine, & intend fe­d [...]tion and Rebellion within this Kingdom of England, to move, stir up and procur [...]; and mi­serable slaughter among the Subjects of our said Sovereign Lord the King to cause and procure, and our said Soveraign Lord the King, from his Royal State, Title Power, and Go­vernment of his said Kingdom of England, wholly to deprive, depose, cast down and disih [...] herit, and [...] our said Soveraign. [...] be King to death and final destruction to being and put, and the Government of this Kingdom of England and the sne [...] Religion of God within the s [...]me rightly and by the Laws of the same established, at your will and pleasure to change and [...] and the State of this whole Kingdom of England, through all [...] parts well in t [...]uted and [...] wholy to subvert and destroy, and War against oursaid Soverain Lord the King within this Kingdom of England to levy; to accomplish and fulfill those your m [...]st [Page 4] wicked Treasons, and traiterous imaginations, & purposes, You the said Sir George Wake­man, Will. Marshall and Will▪ 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 traiterously, did assemble, unite, and gather your selves to­gether; & then and there falsly maliciously, subtilly, advisedly, devillishly and Traiterously did consult, consent and agree; our said Soveraign Lord the King to death and final destruction to bring and put, and the Religion within this Kingdom of England rightly and by the Laws of the same established, to change and alter to the Superstition of the Church of Rome; and to move, procure and perswade them the said William Marshall William Rumley and other false Trai­ters unknown, to the agreement aforesaid to fulfill and accomplish; You the said Sir George Wakeman after, to wit, the said 30th. day of Aug. in the Parish aforesaid in the County afore­said, to them the said William Marshal, William Rumley and other false Traitors unkown did traiterously promise to give your assistance the Government of this Kingdom to subvert, and the true Worship of God in this Realm rightly and by the laws thereof established, and us [...]d to the Superstition of the Church of Rome to alter: And that you the said Sir George Wake­man then & there falsly, malitiously, subtilly, advisedly, devillishly and traiterously did under­take to kill & murder [...]ur said Soveraign Lord the King: and in further prosecution of the Trea­sons traite [...]ous Conspira [...]ies, intentio [...]s and Agreements aforesaid, You the said Sir George Wakeman the said 30th day of August at the Parish aforesaid, in the County aforesaid, falsly traiterously and against the Duty of your Allegiance, did receive and had (from a certain per­son unknown, pretending to be Provincial of the Jesuits in England, and claiming Authority for the Granting Comm [...]ssions in that part from the See of Rome,) one Commission to institute and authorise you the said Sir George Wakeman to be Physitian 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 traite­rously did inspect and read over, and traiterously did keep in your possession, and to the same falsly, knowingly, advisedly and traiterously did consent and agree, with that intention, that you the said Sir G [...]orge W [...]keman should have receive & exercise the Place and Office of P [...]ysi­tian General of the Army aforesaid, when you the said Sir George Wakeman, William Marshall, William Rumley and the said other false Traitors unknown, should have perform­ed and accomplished your Treasons, compassings, imaginations, purposes and traiterous Agree­ments aforesaid. And that you the said William Marshall and William Rumley in further prosecution of your Treason [...], traiterous C [...]spiracies, intentions and Agreements aforesaid, the said 30th day of August in the Parish aforesaid, in the County aforesaid, did fa [...]sly, subtilly and traiterously consult, conclude, consent and agree that you the said Wil [...]am Marshall, William Rumley and other false Traitors unknown should pay the sum of 6000l. t [...]wards furthering & co [...]summating the Traiterous Agreements aforesaid, amongst the said false Traitors had, our said Soveraign Lord the King to kill and murther the true Worship of God within this Realm rightly and by the Laws of the same established to the superstit [...]on of the Church of Rome to alter, and the Government of this Kingdom of England to sub [...]ert, against the duty of your Allegiance, against the Peace of our said Soveraign Lord the King, his Crown and Dig­nity, and against the form of the Statute in this case made and provided.

Cl. of Cr▪

How sayest thou Sir George Wakeman, art thou guilty of this High-Trea­son whereof thou standest Indicted, or not guilty?

Sir George Wakeman,

Not Guilty.

Cl. of Cr.

Culprit. how wilt thou be tried?

Sir George Wak [...]man,

By God and my Country.

Cl. of Cr.
[Page 5]

God send thee a good deliverance. (And so the other Two.)

Cl. of Cr.

Set James Corker to the Bar. (who was arraigned and pleaded the last Ses­sions.) James Corker, hold up thy hand. You the Prisoners at the Bar, Sir George W [...]ke­man, William Rumley, William Marshal and James Corker, Those men that you shall hear called and personally appear, are to pass between our Soveraign Lord the King & you upon trial of your several Lives and Deaths; If therefore you or any of you will challenge them, or any of them, your time is to speak unto them as they come to the Book to be sworn, and before they be sworn. Call Ralph Hawtrey Esq; who appear­ed, and there being no challenges, the 12 that were Sworn are as follows.

JURY.
  • Ralph Hawtrey of Rislipp Esq:
  • Henry Hawley of New Brantford Esq:
  • Henry Hodges of Hanwell Esq:
  • Richard Downton of Isl [...]worth Esq:
  • John Bathurst of Edmunton Esq:
  • Robert Hampton of Greenford Esq:
  • William Heydon of Greenford Esq:
  • John Baldwyn of Hillingdon Esq:
  • Richard Dobbins of Harvile Esq:
  • William Av [...]ry of Enfield Esq:
  • Richard White of Cripplegate Gent:
  • William Wayte of St, Clement Danes Gent:
Cl. of Cr.

Cryer cou [...]t these. Ralph Hawtrey▪. Cryer, One, &c.

Cl. of Cr,

Richard White.

Cryer,

Twelve good men and True, stand together and hear your Evidence. Then the usual Proclamation for information was made, and the Prisoners being bid to hold up their hands, the C [...]rk of the Crown charged the Jury with them thus.

Cl. of Cr.

You of the Jury, look upon the Prisoners, and hearken to their Cause. They stand indicted by the names of (prout in the Indictment mutatis matandis) and a­gainst the form of the Statute in that case made and provided; And he the said James Corker, stands indicted by the name of James Corker of the Parish of St Giles in the Fields▪ in the County of Middlesex Clerk:

For that, he with Thomas White, John Fenwick, William Harcourt, John Gaven, and Anthony Turner, as a false Traitor against the most Illustrious, most Serene, and most Excel­lent Prince, Charl [...]s the Second, by the Grace of God, of England▪ Scotland, France and I [...]eland, King, Defender of the Faith, &c. his Supream and Natural Lord; not having the fear of God in his heart, nor weig [...]ing the Duty of his Allegiance, but being moved and se­duced by the instigation of the Devil, the cordial love, true, due, and natural Obedience, which, true and faithfull Subjects of our said Soveraign Lord the King, towards him should, and of right ought to bear, wholly withdrawing; and devising, and withall his Strength, intending the Peace and comm [...]n Tranquility of this Realm to disturb, and the true Worship of God with­in this Kingdom of England used, and by the law Established, to overthrow, and the Gover­men [...] of th [...] Realm to subv [...]rt and sedition and Rebellion within this Kingdom of England to move sti [...]up and procure, and the cordial love, and true, and due Obedience which true and faithful subjects of our said Soveraign Lord the King, towards him should, and of right ought to bear utt [...]ly to withdraw, put out, and extinguish, and our said Soveraign Lord the King to death and final Destruction to bring, and put, on the 24th day of April, in the thirtieth year of the Reign of our said Soveraign Lord King Charles the second [...] at the Parish of St Giles in the Fields, in the County of Middlesex aforesaid; He the said Jam [...]s [...], tog [...]ther, with the said Thoma [...] White; John Fe [...]wick, William Harcourt, John Gave [...], and A thony T [...]rper, with divers other false Traitors Subjects of our said Soveraign L [...]rd th [...] King, to the Jurors unknown, falsly, subt [...]lly, advisedly, maliciously, and trait [...]rously, [...] [Page 6] purpose, compass, imagine, and intend Sedition and Rebellion within this Kingdom of England to move, stir up, and procure, and a miserable slaughter among the Subjects of our said Sove­raign Lord the King, to procure, and cause, and our said Soveraign Lord the King of his Kingly State, Title, Power and Government of his said Kingdom of England, u [...]terly to de­prive, depose, cast dawn, and disinherit, and him our said Soveraign 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 his 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 within this Kingdom of England, against our said Soveraign Lord the King to levy: And to accomplish, and fulfil their said most wicked Treasons and traiterous imiginations and purposes; He the said James Corker, together with the said Thomas, White, John Fenwick, William Harcourt, John Gavan and Anthony Turner, and other false traitors against our said Soveraign Lord the King, to the Jurors unknown, the said 24th day of April, with Force and Arms▪ &c. in the Parish aforesaid, and County aforesaid, falsly, maliciously, subtilly, advisedly, devillishly, and traiterously did assemble, unite and gather together, and then and there falsly, maliciously, subtilly, advisedly, devillishly and troiterously did consult, consent and agree, our said Soveraign Lord the King, to death and final destruciton to bring and put, and the Religion of this Kingdom of England, rightly, and by the Laws of the same establish­ed, to the Superst [...]on of the Romish 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 Soveraign Lord the King, and that he the said James C [...]ker, together with the said Thomas White John Fenwick, William Harcourt, John Gavan and Anthony Turner, and other false traitors, against our said Soveraign 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 themselves agreed on; and that be 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 traiterous Consultations and Agreements aforesaid; afterwards the said Four and twentieth day of April, and the Parish aforesaid, in the County aforesaid, falsly, subtilly, advisedly, maliciously, devillishly, and traiterously, did severally each to the other engage themselves, and upon the Sacrament traiterously did swear and promise, to conceal, and not to divulge the said most wicked Treasons, and traiterous Compassings, Consultations and Pur­poses aforesaid amongst themselves had, traiterously to kill and murder our said Soveraign Lord the King, and to introduce the Romish Religion within this Kingdom of England, and the true reformed Religion within this Realm, rightly and by the Laws of the same e­stablished, to alter and change: 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 fu [...]ther prosecution of their said Treasons and traiterous intentions, and agreements aforesaid, afterwards the said Four and twentieth day of April, at the Parish aforesaid, in th [...] County af [...]resaid, falsly, subtilly, advisedly, ma­liciously, devillishly, and traiterously, did prepare, perswade, excite, abet comfort and counsel four other persons to the Jurors unkn [...]wn, subjects of our said Soveraign Lord the King, traiterously our said Soveraign Lord the King to kill and murder, against the Duty of his Al­legiance, [Page 7] against the Peace of our Soveraign the King, his Crown and Dignity, and again [...] 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 Coun­trey, which Countrey are you. Your Charge is to enquire, whether they be Guilty of the High Treason whereof they be indicted, in manner and form as they stand in­dicted, or not Guilty, &c.

Then Edward Ward Esq; of Counsel for the King in this Cause, opened the Indictment thus.

Mr. Ward.

May it please your Lordship, and you Gentlemen of the Jury, Sir George Wakeman Bar. William Marshal, and William Rumley, the Prisoners at the Bar stand in­dicted; for that they as false Traitors against our Soveraign Lord the King Charles the Second, their Supream and Natural Lord, not having the fear of God before their: eyes; did traiterously endeavour and intend with all their strength the Peace [...] Tranquility 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 instituted and ordered, to subvert and overthrow, and Sedition and Rebellion within the same, to move and procure, and to bring and put the King to death and final destruction; and to that purpose the 30th of August, in the 30th year of the King that now is, they did falsly, maliciously, subtilly advisedly, and traiterously 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 Tranquility 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 pleasure; to alter, and to introduce the Romish Superstition, and War within the Kingdom to levy against our Soveraign Lord the King. And to accomplish these Treasons and purposes, they the Prisoners at the Bar, with other false Traitors unknown, the day and year before mentioned, did assemble and meet together, and did then and there consen [...] and agree to put the King to death and final destruction. And to perswade Marshal and Rumley to these Treasons, the said Sir George Wakeman promised his as­sistance; first, to subvert the Government, and then to alter the Religion to the Ro­mish Superstition, and traiterously undertook to kill the King: and he did receive for that purpose, from the pretended Provincial of the Jesu [...]ts in England, (who claimed an Authority from the See of Rome, of granting out Commission) a Commission which constituted him Physicia [...] General of the Army; which Army was to be raised for the levying of War against the King, and the Subversion of the Government and Religi­on: That he read this Commission, that he kept it in his possession, that he consented to it, accepted it, and intended to execute the Employment, whe [...] their Designs were accomplished. The Indictment further sets forth, that Marshal, and Rumley, a [...]d o­ther false Traitors, agreed to pay the sum of 6000l. for the carrying on and effecting of this Treason; and this is laid, to be against the duty of their Alleg [...]ance, ag [...]nst the Kings Peace, Crown and Dignity, and against the form of the Statute. To this I [...]ict­ment, 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 Corke [...]; For that he [...]s a false Tra [...] ­tor. [Page 8] against the King, and withdrawing his Allegiance, and due and natural Obedience which he owed to him, as his Soveraign, together with other persons there mentioned, White, Fenwick, Harcourt, Gaven and Turner, did intend to overthrow the Religion, to subvert the Government, and to do all those Treasons that I have here enumerated, and that they did the 24th. of April in the 30th. year of this King, at the Parish of St. Giles in the Fields in your County, compass and imagin the Kings dea [...]h, levying of War▪ and those other Things and in order thereunto, they did contrive that Picker­ing and Grove should kill the King, and that Corker and the others should say Masses for the Soul of Pickring, and should pay Grove a sume of money. That to this they plighted their fai [...]h and received the Sacrament upon [...]: And the Corker and others the day and year aforesaid, traiterously perswaded, excited and abetted Four other persons to murder the King. To this he hath pleaded not Guilty, if we prove him Guilty of any of these things, we hope you will find it so.

Then Sir Robert Sawyer one of the Kings learned Council in the Law, opened the Chargethus.

Sir Robert Sawyer.

My Lord, & you Gentlemen of the Jury, the Prisoners at the Bar with whom you are charged, stand indicted as principal Actors and Instruments of that late most Catholick and Bloody Plot sometime since discovered, and I hope by the blessing of A mighty God in a great measure prevented. The design, Gentlemen, was against the King and the Church; both Church and State were too little a Sacrifice to be offered up to the Universal supremacy of Rome. They well knew, Gentlemen, that so long as God should preserve the life of our Prince, and as long as those Legal pales, whe [...]ewith the Church of England is e [...]compassed, di [...] but continue firm, nei­ther the Gates of Hell nor Rome could prevail against it. And I wish that all Prote­stants were of the same mind.

I shall not enter now into any large discourse of it nor trace the several steps of this Plot, which is so well known to all men of this N [...]tion at this day, but only touch up­on those parts of it that [...]o concern the prisoners now at the Bar, unless they shall give me occasion to recur to any former passage [...] Gentlemen, we shall make proof to you, that the 24th of April 1678. there was a very great Consult of a numerous company of Je­suits here in London; and there was the foundation laid or at least the exec [...]tion was then determined of bringing this Plot to its accomplishment. To this Consult we shall make it appear, that the Gentlemen at the Bar were privy and consenting to it. The King must die that is resolved on, and you have hea [...]d formerly of the several ways that it was to be acted; [...]ome persons were desig [...]ed to shoot him, these have received their Tryal and condign punishment; then there was another Sett, and they were to stab him, and some of these have been brought to Juistce too; but th [...]n there was a third Sort, (for they did invent all the imaginable ways of death) and that was Poysoning; that & will come principally before you at this time. And they had chosen out a very proper Instrument for it, a Gentleman whose Experience [...] him able, wh [...]se near Relation [...] to and dependance upon the Royal Family, gave him a great opportunity to commit that Horrid crime. But Gentlemen, tho his perswasion might go a great way yet he would not [...]oi Gratis, and thereupon he must be hired for a great Sum [...] Money not under 15000l, and then he undertook that great Employment.

We shall prove to you that this was his Bargain, that part of his Wages he had re­ceived, for he would be su [...]e of something in hand before the work were done. We [Page 9] shall make it appear, Gentlemen, that he was privey also to the Consult (for I apply my self at present peculiarly to him) and approved of it. And as a further Reward besides that of money, he was to be preferred to be Physitian General of the Army that was then to be raised, that Employment was designed for him, nay he accepted of the com­mission as we shall endeavour to prove to you:

We shall also prove, that the other Gentlemen at the Bar, the other male [...]actors that stand there, were privy to the great Consult of the death of the King. That there was 6000l. which was to be furnished by the Pen [...]dictine Monks, for tho the Jesuits were the great Engineers, yet all other Orders were to contribute, and 6000l. was to be furnished by them. And in the course of our Evidence we shall give you several instances which will concernall these particular Prisoners now at the Bar; and one truly that there was such a design of Poysoning, which is very remarkable and that was from a very great Engineer that hath suffered already, and that was Mr. Ireland, and wherein I must desire that you would observe another thing that falls out very ma­terially, that though Mr. Ireland at the time of his Death, and all along disowned that he was here in London in August, and with great Asseverations did affirm it; it will ap­pear by the course of our Evidence that he was here in London then, and had frequently discourses that it was an easie matter to take off the King by Poyson: And for that purpose do I mention it to you as an in [...]ance that poyson was one of the great ways that they intended to murther the King by. And Gentlemen you will collect from that Evidence what credit is fit to be given to the words of such dying men, and whe­ther living witnesses that are upon their Oathes, are not rather to be believed then those whose concern it is for more reasons then one to perswade the People that they are inno [...]ent. And you will likewise collect, that those who have lived in the sin of comitting such Horrid Crimes as these are, will not stick to protect that same Church (wh [...]ch they would propagate by those Crimes) by denying the plainest Truth.

We will not trouble you any further with the opening of the Evidence, because the witnesses are many and their Testimony various, but we shall call our witnesses and let them tell it you themselves.

Mr. Ward.

Call Dr. O [...]tes, Mr. Bedlow, Mr. Dugdale Mr. Jenison and Mr. Pran [...]; (who were all sworn, and Mr. Dugdale set up.)

Sir Robert Sawyer.

Gentlemen, we call first Mr. Dugdale to give you a general account of the Plot, not so much for the proof of the things here charged particularly on the prisoners, as the general design.

Mr. Word.

Pray Sir speak your knowledge of what you know concerning the Plot in general.

Mr. Dugdale.

I have for this 7 Years known something of it; but nothing particularly till within these two years. About two years since it was communicated to me be Mr. Ew [...]rs, Mr. Gavan, Mr. Peters, Mr. Lews [...]n, and some other Priests which I cannot now remember their N [...]mes and they did perswade me to be of the management of the Business, for the car [...]ying on of the design, for the Introducing their Religion, and for the Killing of the King, and the Duke of Monmouth; both those two things were communicated to me upon my O [...]th by Mr. Gaven, Mr. Ewers. Mr. Peters Mr. Lewson and my Lord Stefford.

Mr. J. Atkins,

What Mr. Gaven that was Executed you mean?

Mr. Dugdale,

Yes he was the man. I have had several Pacquets of Letters which [Page 10] co [...]cerned the Plot: All the Letters that came from Mr. Harcourt or from any others concerning the Plot, were directed to me: I have had sometimes 8, sometimes 9, some­times more Letters at a time, but I never saw any almost but they all tended to the car­rying on of this Design.

Lo [...]d Ch. Just.

Did they shew you those Letters, or did you open them?

Mr. Dugdile.

I did open several of them, a great many, and some of them that I could not handsomly seal up again, I kept.

Lord Ch. J.

They did not know you opened them?

Mr. Dugdale

No they did not all the time.

L. C. J.

To what purpose did they write?

Mr. Du [...]dale.

My Lord, they were to give Instructions to Mr. Ewers how he should manage the affairs for carrying on the Design, how he must go about for the Raising of money, and for the ingaging the Gentlemen in the Countrey, as particularly Mr. Ger­ard of Hilderson. and Mr. H [...]ward of H [...]recross, and Sir James Simms and one Gent [...]men that is de [...]d, one Captain Atherley and several other Gentlemen were engaged in it, to be Officers when they had accomplished their business of Killing the King.

Si [...] Robert Sawyer.

You say they were to be Officers, what were they to be military Officers? or what.

Mr. Dugdale.

Yes they were to be military Officers.

Sir. Robert Sawyer.

Was there any Army to be r [...]ised?

Mr. Dugdale.

Yes, there was an Army spoken of to be raised.

S [...]r Robert Sawyer,

By whom?

Mr. Dugdale.

There was money ready in July'ast, for I saw acquittances that came from S [...]. Omers that the money was paid. But then there was Caution given to be sure not to make any Rumor of Arms or any thi [...]g, till the King was dispatched.

L. C. J.

Did they write that in a Letter?

Mr. Dugdale,

They writ that in a Letter directed to me?

L. C. J.

To you?

Mr. Dugdale,

Yes, to me.

L. C. J

Who writ that Letter?

Mr. Dugdale.

My Lord, tru [...]y I cannot be certain at present who it was, but upon recol [...]ection I can, may be, remember who it was: but it contained that there should be Caution given to all, to be sure that none should mention Armes, or any thing till the King was dispatched.

Sir Robert. Sawyer.

From whence did that Letter come Mr. Dugdale?

Mr. Dugdale,

It came from, Harcourt I am certain, and in mr. Grove's Pacquet, but I am not certain of the Person that writ the Letter, but I can recollect hereafter perhaps who it was.

Lord Ch. Just.

Did it come from beyond-sea or London.

Mr▪ D [...]gdale.

It came from London, I s [...]ppose it came thither from beyond-sea.

Lord Ch. Just.

The letter came to you, you say, was it dated from any place and what?

Mr. Dugdale,

I am not certain whether it was dated from any place, there were seve­ral Let [...]ers that came from all Parts, som [...] from S. Omers, some from Paris, some from Rome.

Sir Robert Sawyer,

Pray what do you know of any Correspondence that was between your principal [...] Staffordshire, and those Conspirators here at London.

Mr. Dugdale.

Yes. there was a Correspondence between them.

Lord Ch. Just.
[Page 11]

Between whom? Name them.

Mr. Dugdale,

Betwixt mr. Ewers, mr. Gaven, and mr. Vavasor. these were in Stafford­shire; and betwixt mr. Ireland, mr. Harcourt, mr. Fenwick, and mr. Grove, these I know.

L. C. J,

Where were these last?

Mr. Dugdale,

In London these persons were, they did write constantly three times a Week letter into Staffordshire about this business.

L. C. J.

But pray was there any thing mentioned in any of these Letters concern­ing Killing the King.

Mr. Dugdale

Yes, there was.

L. C. J.

Was there any thing plain of that in those letters?

Mr. Dugdale

There was in one from mr. Whitebread.

L. C. J.

What did that Letter say?

Mr. Dugdale

There was one from him that did give a Caution to mr. Ewers, that he should be sure to choose no persons but such as were stout & hardy, or to that effect.

L. C. J.

To do what?

mr. Dugdale.

To Kill the Kin [...]

L. C. J.

Was that expressed in the Letter.

Mr. Dugdale,

Yes my Lord it was.

L. C. J.

And did they write that they should choose hardy persons to kill the King. Was that the subject of [...]?

Mr. Dugdale,

Yes, my Lord it was.

L. C. J.

Did it come by the common post?

Mr. Dugdale

Yes my Lord it did, but they had devised it so, that there was care taken they should not be discovered, they would set but two Letters of their Names to them and they were directed all to me, so that I was to bea [...] all the danger.

S [...] Robert Sawyer.

How was the direction? Was it directed plainly to you on the out-side?

Mr. Dugdale,

Yes it was, and if it were discovered, I was sworn by mr. Ewers to deny it, and [...] they could not be discovered.

Mr. J. Atkins

Did they give you any Oath to that purpose?

Mr. Dugdale

Yes, I was sworn to times at least to Secresie, and promised it on the Sa­crament.

Sir Rob. Sawyer.

Besides what came in those Letters, had you any discourse with a­ny touching killin [...] the King?

M. Dugdale,

Y [...]s.

Sir Robert Sawyer▪

With whom?

Mr. Dugdale.

With mr. Gavan, mr. Ewers, mr. Lewson and my Lord Stafford.

L. C. J.

And would they have perswaded you to have done it?

Mr. Dugdale

Yes, I was to have been employed as an Actor in it, either to have taken his life away by shooting, or by st [...]bbing, or some way.

L. C. J.

Did they proposeit to you, & how, in what manner would they have you do it?

Mr. Dugdale,

No my Lord, I was not told absolutely in what manner; but I was di­rected to come to London, and I should have instructions about it there.

L. C. J.

Tell us again who they were [...] did s [...]licit you?

Mr. Dugdale.

mr. Ewers, mr. Gavan, mr. Peters, mr. Lewson and my Lord Stafford.

Mr. J Atkins.

my Lord Stafford you say?

Mr. Dugdale,

Yes, I said so before, my Lord.

L. C. J

They ingaged you in the business in General you say, and you were to have directions about it at London. that is that you say?

Mr. D [...]gd.
[Page 12]

Yes my Lord, Mr. Ireland was to take care of me there.

Sir Rob. Sawyer.

Pray Sir had you discourse of the several ways, what ways were to be taken.

Mr. Dugd.

I had no particular way mentioned, but I was told that it was easie to be done by shooting or stabbing.

L. C. J.

Did you ever come to London upon that errand?

Mr. Dugd.

No, never.

L. C. J.

When they had ingaged you to do the thing, why did not they send you about it.

Mr. Dugd.

I was not to come till October.

L. C. J.

When was it that you were ingaged first?

M [...]. Dugd.

I had particular intimation of the matter of the Plot about two years before, but I was not to come up till October.

L. C. J.

Which October?

Mr. Dugd.

Last October.

L. C. J.

Why you were ingaged a great while before, how chanced you were not to come up till October.

Mr. Dugdale,

I was engaged a year and a half before, but it was not positively then said to me, that I was to be instrumental in killing the King till that time, which was about July, when my Lord Stafford came down, and I was to come up in October.

L. C. J.

I thought you had said that you were ingaged in it a year and half before.

Mr. Dugdale.

That was only in the Plot in general.

L. C. J.

was there no time appointed for the killing the King then? When was it that you were first ingaged to be an instrument to take away the Kings life?

Mr. Dugdale,

Two years ago I was spoke to about the Plot, but I was not parti­cularly assigned till the last Summer, and then I was appointed to come to London in October.

L. C. J.

What said they then to you?

Mr. Dugdale,

My Lord Stafford did offer me 500l. he told me I should have that for a reward at present; and if things did go on, I should have a better reward when the thing was accomplished, but this was for my present incouragement.

L. C. J.

When were you to have the money?

Mr. Dugd.

When I came to London,

L. C. J.

And why did not you come to London then.

Mr. Dugd.

I was to come to London and the Plot was broke out and discovered first.

Mr. Word,

Pray do you know of any letters about the Death of Sir Edmundbury Godfrey?

Mr. Dugdale,

Yes there was a letter came down to my Lord Astons, it was dire­cted to Mr. Ewers and it contained in it, this very night Sir Edmundbury Godfrey is dispatched; those were the words of the letter.

L. C. J.

What night was that?

Mr. Dugdale,

I have well remembred it since, and it was Saturday, night, which was about the 12th of October, or thereabouts as I remember: it had those words, this v [...]ry night Sir Edmundbury Godfrey is dispatched, and it went on with more things rela [...]ing to the Plot which I cannot particularly now remember; and I catched Mr. [...] at the Reading of it, and said I to him, do you think this is the way to have the Design succeed, if this do not overthow the Plot I will be hang'd. Not so said he, be patient and do not mistrust it, he was a man that was used to punish de­b [...]uch'd person [...], and it will rather reflect upon them then us.

L. C. J.
[Page 13]

Did that letter come to your hand?

Mr. Dugdale,

Yes it did, but it was writ to Mr. Ewers.

Mr. Just. Atk.

What day did it come to you?

Mr. Dug.

Upon monday morning.

Mr. Just, Atkins,

When was it writ?

Mr. Dugdale,

It was writ the Saturday night before.

L. C. J.

Did Mr. Ewers shew it you? or did you break open the letter?

Mr. Dugdale,

Mr. Eweres shew it me for an incouragement, that one of our Ene­mies was taken out of the way.

Mr. Just. Wyndbam,

Did you report it to any body?

Mr. Dugdale,

Yes to the Parson of the Town, and a Relation of my Lord Astons.

L. C. J.

What was his name?

Mr. Dugd.

One Mr. Sandwich and Mr. Philips, said I, do you not hear of a Knight, a Justice of Westminster that is killed? no said they? we hear nothing of it, but it seems Mr. Sandwich went to Dinner to and there he did report it.

L. C. J.

Why did they look upon Sir Edmundbury Godfrey as such an enemy to them?

Mr. Dugdale,

They had intrusted him before, but he began to be strict with Dr. Oates, searching and prying into all the whole concern, as M [...]. Ewers told me (for I knew no more than he informed me of) so they thought good to take him off.

Sir Robert Sawyer,

Gentlemen, will you ask him any Questions.

Corker,

I would have been glad to have heard what he said, but I could not hear the tenth part.

Sir Robert Sawyer,

Gentlemen, there is nothing that does particularly reflect upon you at the Bar, but is only to prove the general design of the Plot.

Sir Ge [...]rge Wakeman,

'Tis the worst made out that ever I think was Tryal.

Mr. Dugdale,

If there be any more Questions that your Lordship or the Court will be pleased to ask me, I will be sure to answer them.

L. C. J.

I will tell you the effect of what he says, and that is this; he speaks in general, that there was a Plot to bring in Popery, and in order to that, the best way was to kill the King; and to that purpose, there were several Letters sent weekly into Staffordshire, and very often directed by the Cover to him, wherein were seven or eight several Letters, as from Ireland, and Harcourt, and Grove, to People that were in Staffordshire; that is to Ewers, and L [...]wson, and Vavasor, and many times they did write concerning the going on with this Plot of killing the King, that they must use great secre [...]ie in it, and makes mention what Officers they should have for an Ar­my to support that matter, when they had done; they ingaged him particularly, first about two years ago to be one in it but more precisely in June or July last was Twelvemonth, and he should have gone he says in October after up to London, in or­der to it; and there he should have directions from Ireland, how he should manage himself. And he gives you an accompt, that my Lord Stafford promised him he should have 500l. as part of his reward, and when the Work was done, he should be better gratified; and he says, he did intend to have gone up in October to this purpose, but the Plot broke out, and he was prevented.

Sir Rob. Sawyer,

Pray Mr. Dugdale, you have been form [...]ly examined: did you hear any thing of a massac [...]e? or of any particular Persons to be murdered, be [...]des the King and the Duke of Monmouth?

Mr. Dugd.
[Page 14]

I do not remember any in particul [...] ▪ but they two; but in general, all Protestants they intended to cut off.

Mr. Ward.

All Protestants?

Mr. Dugd.

Yes.

Mr. Just. Atkins,

Pray Sir, what did induce them to have so much confidence in you? Had you any such Zeal for their Religion?

Mr. Dugdale,

Yes, in so much that they thought I was a Priest in the Countrey.

Mr. Just. Atk [...]ns,

Had you been free in your Purse? did you give them any mony▪

Mr. Dugdale,

Yes, I gave them for this, and for the praying for my Soul the sum of 400 pound, which was secured upon a D [...]d of Land; and I promised them ano­ther 100 pound when they made moan [...] the want of money. And when Mr. Pe­ters said, if they did not make more hast with their Contributions, they should be at a great loss: And Mr. Gavan promised me, I should be canonized for a Saint.

L. C. J.

When had you given the 400 pound?

Mr. Dugdale,

I had given it them in money, it was upon a Deed of Land, which was conveyed to Mr. Gerrard, & was to be sold for the raising of that mony.

Corker,

Mr. Dugdale, you make mention of a certain Letter sent from London here from Mr. Har [...]urts, but not Mr. Harcourts Letter, in which Letter you say it was men­tioned that the King should be killed, and that an Army should be raised, and some such matters of grand Defign. Sir, don't you know from whom that Letter came, I ask you?

Mr. Dugd.

I cannot directly at present call to mind the persons name, I may by and by perhaps▪

Corker,

Then my Lord, I appeal to the Court, and beg the Judgment of the Court whether a Letter of that vast concernment about killing the King, the destruction of the Nation, and the raising of an Army should be sent from a man that he himself does not, nor can tell his name, nor the place this Letter came from. That a man should be so mad to send by the common Post a Letter of such vast concern, and yet neither the party to whom, nor the party from whom it came, be remembred.

Mr. Dugd.

I can give you satisfaction as to some Letters I have received, and I can tell you in particular from whence they came. One came from Paris to St. Omers, and so from St. Omers to [...]ondon, and from thence by a special messenger to Ti [...]all in Staffordshire; and my Lord Aston and Mr. Ewers read it one night in my sight in the Parlor.

Corker,

Just now he said it was by a special messenger, and before he said the Let­ters came by a common Post.

Mr. Dugd.

I speak of another letter now, then those I spake of before.

L. C. J.

He did indeed say before, that there was a letter as you repeat it, that had the importance of killing the King, but he could not particularly charge himself with the person that writ it, but saith he, I can now remember another letter that was sent by a special messenger and he will tell you who that letter was writ by, and who it came from. From whom came it?

Croker.

That was only to correct a former Lye.

Mr. Dugd

There was J. W. writ to it, and I suppose it was from Sir John Warner.

L. C. J.

Where was it dated? whence did it come?

Mr. Dugd.

There was one from Paris, it was first begun at Paris where Advice was first to be had, and Assistance was promised how it should be carried [...]n, and they [Page 15] thought it was the best way after they [...] killed the King, for the Papists to give the first Alarm that it was those still King-killing Persbyterians that had done that Act, and that then the Church of England men would be willinger to joyn with the Papists to cut them off.

Lord Ch. Just.

This was the substance of the letter.

Mr. Dugdale.

Yes, this was the Substance of the letter. And the letters from London said they thought it good Advice, and there were several Lords in England set their Hands to it, acknowledging it as good advice: and in that very letter there was an Ar­my mentioned, that there should be an Army ready to cut off those that should escape haveing their Throats cut.

Lord Ch. Just.

Who brought that letter.

Mr. Dugdale.

I do not know who brought it from London to Bos [...]obell, but there was a special messenger brought it thence to Tixall, and his name was—Carrington.

Lord. Ch. Just.

You say there were several Lords see their Hands to it, what Lords were they?

Mr. Dugdale.

I have formerly mentioned them, there was my Lord Stafford, my Lord Bellasis an [...] my Lord Arundell.

Lord Ch. Just.

To what purpose did they set their Hands to it?

Mr. Dugdale

That they approved it as good Advice.

Lord Ch. Just.

Then Gentlemen, this is that he says. Here is a letter that was brought by one—Corrington to my Lord Ast [...]ns, and the substance of th [...] letter was to justifie the killing of he [...]ng by the [...] of an Army, and that this letter came from S. Omers, and that it had the letters J. W. subscribed to it, which was supposed to be Sir Iohn Warner and that this letter was looked upon by some at London, and that they as approving of it, set there Hands to it as good Advice, and then sent it down in­to the Countrey.

Corker.

Was the letter dated from St▪ Omers? Was St: Omers writ in the inside, what say you. Speak.

Mr. Dugdale.

There were 3 letters I say, that came in that Pacquet from St. Omers, one came from Paris, another from St. Omers, and another from London.

L. C. J.

And all these in one Cover

Mr. Dugdale.

Yes.

Sir George Wakeman,

How could the same Cover cover all those Letters?

Mr. Dugdale

All the letters were covered in Grove's Pacquet.

L. C. J.

Here is the matter, he supposes there was a Letter writ first at Paris, and that is, then sent to St. Omers; and then there was a Letter writ there by Sir John Warner or some of them, and sent to London, and perused in England by the Lords, and all sent in one Cover into Stafford-shire.

Corker.

Your Lordship makes sense of it but he made none but contradictions, and said he did not know whence it came, nor who writ it. You say Sir, you were one of those to kill the King, pray when were you to kill the King.

Mr. Dugdale.

In October, I was to have done it when I came up.

Corker.

Mr. Lord, here is a Plot and a design driven on several ways to murder the King. Dr. Oates in his Narrative, as I perceive, gives us a description of several Con­trivances that were made use of to commit this murther. He in all [...] Discription tells us only as I take it, of 3. Ways of killing the King, the one by Grove and Pickering, ano­ther by the [...] [Page 16] Relations, makes not any mention of a fourth design to kill the King, or of any other Plot or design at London to kill the King▪ but he saies if Grove & Pickring miscarried, it was to be done by the four Ruffians, & they miscarrying, It was to be done by poyson, now comes he with a thing that never was thought of before, that Oates never gives any relation of.

Lord Ch. Just.

What then?

Corker.

He my Lord, tells us that this was to be done in October, when all the other tthings that were to be done, were past; and what, should they design to kill the King in October, when it was to be done before in July or August.

L. C. J.

Look you the first part of your Objection, wherein you say he names but three wayes of Killing the King, what do you infer from that, because this Gentleman sayes there was a fourth, there was not. Dr Oates told you as much as he knew of the matter but he does not undertake to give you an accompt of all the Plot or Plotters in this affair. It you make any Reasonable objection against Mr. Dugdale's Testimony I will allow it, but these inferences I must not. That this is a strange story of Mr. Dug­dale's, because tis not part of Oates Discovery, is that a reasonable objection? But then for the latter part, that Dr. Oates says the King was to have been killed in July or August, therefore what should they think of killing him in October; he tells you that in June and July they did engage him in the general Plot, and first then be instrumental in Killing the King, but he was not to be gone, till October, to London to do it.

Corker.

When the thing was done.

Mr. Just Wyndham.

No, no, because the thing was not done, or because it might miscarry by others, therefore he was to come then.

L. C. J.

They could not tell when it would be done, or by what hand it would be done; therefore they were engaging as many as they could, provided the thing were not done.

Marshall.

Amongst other things that seem to render his Testimony suspected, there is one which is taken from the common Practice of all men in cases of like Nature, for where there is da [...]ger in matters of concernment, men use to be very circumspect who they choose, and make choice of as few as possible? but now here is person after person conspiring without end, and letters to this person▪ and to that person, and nothing is proved to be done upon it, so that here is the greatest Confusion imaginable, an 100. of men, nay, [...]lmost a whole Nation are acquainted with it, when a few might serve the turn.

Sir Robert Sawyer,

Why do you say tis known to the whole Nation, when it was so close a Conspiracy?

L. C. J.

North, You that are at the Bar, we do not object to what you say as to the way of it, but as to the Time that you deliver it in, it is the Course that you deliver your Objections when the Kings Evidence is done, indeed when the Kings Counsel have done what Questions they have to ask of the witnesses, then you may ask them what Questions you will, but for the Observations that you would make by way of ob­jection to the Evidence, and as to their Credit you should reserve to the last, when be Kings Evidence is done.

Prisoners.

My Lord, we desire we may be allowed Pen, Ink and Paper.

Mr. Recorder,

Let them have it.

Lord Ch. Justice,

Indeed there is one thing very considerable on your side, and tis fit there should be an account given of it. Tis very strange that a Thing of that Nature [Page 17] should be writ so plain, I mean the Killing of the King in a Letter that should be sent by the common Post, what say you to that?

Mr. Dugdale.

Mr. Ewers did it for no other end in the World, but that they in­tended if it should be discovered all should be flung upon me, and I was sworn to deny it, and they were to go free.

L. C. J.

What were the words of the Letter.

Mr. Dugdale,

In that of Mr. Whitebreads it was contained down right plainly, he should choose such at were hordy for the Killing of the King.

L. C. J.

And how did that Letter come?

mr. Dugdale

By the common Post?

Sir George Wakeman.

No man living can believe it.

Mr. J. Pemberton,

There was no mention of Ewers on the out side, nor no name to it, was there?

Mr. Dugdale,

No, none at all my Lord.

Mr. J. Pemberton.

No name to the Letters?

Mr. Dugdale,

Only the two first Letters of their names▪

Marshall,

Would they in such cases, can any man think, be so mad as to venture their lives, and all for they knew not what? Would the Lords, whose names he says were subscribed to one of the Letters, engage their Lives and Fortunes in the Signing of a Letter, wherein both were so much endangered, and commit it to such an hazard?

Rumley.

Would they set their hands to such a Letter, as they could not be certain into whose hands it might come? and he says he does not know who it came from.

Mr, J. Pemberton,

mr. Dugdale, was that Letter by a common Post, that the Lords set their hands too?

mr. Dugdale,

No, it was by a special messenger.

L. C. J.

Look you gentlemen, the answer that he gives to your Objection is this; You say it is strange, and indeed it is so, that such a Design shoul be writ so plain in English in a Letter, but he says there was no body in danger by it, but himself, for there was no body could tell from whence it came, because only two Letters of the name were sub­scribed; and, says he, it was directed to me only, and so I might have suffered, but Ew­ers name was not mentioned, to whom it was intended to go.

Rumley,

Yet he says, he does not certainly know who it came from.

Mr. Recorder.

Gentlemen you have your proper time for that, if you will make a­ny Remarks.

Mr. J. Pemberton.

Will you ask him any more Questions? As for your Arguments you must not use them now.

L. C. J.

North, But they have desired Pen, Ink, and Paper, is it given to them?

Mr. Recorder,

You must allow the Prisoners Pen, Ink, and Paper, if they desire it.

L. C. J.

Ay, all of them, if they would have it.

(Which was done.)
L. C. J.

mr. Dugdale, this Letter that came from Whitebread, it came with others, did it not?

Mr. Dugdale,

Yes, my Lord it did.

L. C. J.

The Cover was directed to you, was it not?

Mr. Dugdale,

Yes my Lord, it was.

L. C. J.

Had the other Letters particular Directions to particular Persons?

Mr. Dugdale,

Every Letter was directed to me.

L. C. J.

What, besides the Cover?

mr. Dugdale,

Yes, besides the Cover.

L. C. J.
[Page 18]

Who were you to communicate them to?

Mr. Dugdale.

They had a particular mark that they were known by, there was always a black Cross upon them, I was to give them to mr. Ewers, and he was to commu­nicate them to others concerened.

L. C. J.

What was upon the other Letters?

Mr. Dugdale,

I had no Letters but what I delivered to Ewers.

L. C. J.

Was he the only man that they were delivered to?

Mr. Dugdale,

Yes, my Lord.

L. C. J.

And he distributed them as he pleased, did he?

Mr. Dugdale,

Yes.

L. C. J.

Had you more Marks than one?

Mr. Dugdale,

No, my Lord, no more Marks than one.

L. C. J.

So you were only Agent between Mr. Ewers and them, and none else?

Mr. J. Windham,

They were all directed to you, how did he know who they were to go to?

Mr. Dugdale,

I was to deliver them to him, and he dispersed them to the several persons, and he rid constantly abroad about it.

L. C. J.

Were there several marks to know who they were to?

Mr. Dugdale,

my Lord, he knew by conversing with them, their several hands, and so could tell by what was written, what was intended, and what the business was, and for whom.

Corker,

There must have been several transactions, and a man must have received se­veral Letters before he knows anothers hand.

M. J. Pemberton,

Will you ask him any Questions, you must not argue upon it yet.

Rumley,

How many Letters came to you pray from beyond Sea?

Mr. Dugdale,

An hundred I believe in two years time.

Rumley,

From how many several persons? Methinks you should produce some of those Letters.

M. Dugdale,

There were Letters from Sir John Warner very often I cannot remember all.

Rumley,

methinks you might be more ready in your Evidence, then upon every turn to say you can't remember. Have you none of those Letters?

Mr. Dugdale,

I burnt those Letters which I kept before I intended to discover the Plot; but in a multitude of L [...]tters, 'tis hard to tell particulars, I tell you what I re­member of them.

Corker,

You make mention of Killing the King, and raising an Army, and these were specified in two Letters. In those matters which concerned the Raising of an Army, Were there only Letters, no Commissions sent for the Raising of Forc [...]s? Did you never see any of the Officers? Did you never communicate with any of them?

L. C. J.

Did you see any Commissions first?

Mr. Dugdale,

No, I never did see any of them.

L. C. J.

Did you ever talk with any that were intended to be Officers?

Mr. Dugdale,

Yes, I have.

L. C. J.

Name them.

Mr. Dugdale,

There was Sir James Symons, and Mr. Howard, I have talked with them?

L. C. J.

With them two?

Mr. Dugdale,

And with one Captain Adderley that is dead.

Corker,

Why there are three Officers to wards the raising of several thousands of men.

Mr. J. Pemb.
[Page 19]

Look you, Mr. Corker, you must direct your self to the Court, and propose your Questions here.

Corker,

Mr. Dugdale tells us, that for the promoting of this Design, that he gave 400l. and with the same breath says, He was to receive 500l. methinks this is to do and undo.

Mr. J. Dolben,

Pray keep this arguing of yours till the last.

L. C. J.

North, The Court hath told you already this is not proper for you. 'Tis true, you must have liberty to ask Questions, because there are some Questions that else may be forgotten, and the opportunity will be lost, but when you have asked those Questions, make your own Observations upon them in private to your selves, and afterwards it will be time for you to argue upon it to the Jury, when the Kings Council shall have done their Evidence: but now to make these inferences, will do you little Services, and can't be permitted:

Mr. Dugd.

My Lord, I desire to answer it now; It was my Lord Stafford that pro­mised me the money, and I went presently to know of Mr. Ewers what it meant, be­cause I had given my money before, and my Lord Stafford did not, I suppose, know any thing of it.

L. C. J.

How long was it before that you gave the money?

Mr. Dugd.

It was two or three years before, at the beginning when the Plot was first discovered to me for the introducing of their Religion.

Mr. J. Atkins,

He was a great Zealot, but my Lord Stafford did suppose the mony might quicken him.

Mr. Dugd.

It was for my incouragement, and I should have a greater reward after.

Corker,

He received the money, I suppose, when he was in Prison for Debt, rather than for any thing else.

L. C. J.

North, You may observe that by and by.

L. C. J.

Look you, this is what he hath said, it is all but in general, and he does not name any of you Four: But here was a general contrivance, he says, to bring in Po­pery; I am afraid that is too true; and as the best way to effect that, they resolved to kill the King; and I am afraid that is too true too, for it was indeed the likeliest way.

Then stood up Mr. Prance.
Mr. Ward,

Mr. Prance, pray will you give the Court an account only in general of what you know of any Design that was at this time?

Mr. Prance,

It was a fortnight or three weeks before Micha [...]lmas, I went to one Mr. Irelands Chamber in Russel-street, where was Mr. Fenwick and Mr. Grove, and there they were discoursing of 50000 men that were to be raised for the settling of the Roman Catholick Religion; and I asked Mr. Fenwick, How that could be done? And he said, Very easily in a short time. Then I asked him, What poor Tradesmen should do? And he said, I need not fear, for I should have Church-work enough to make Crucifixes, Basons and Candl [...]sticks.

Mr. J. Atkins,

You are a Working Goldsmith?

Mr. Prance,

Yes. Th [...]n I asked, who should govern them? And he said, my Lord Powis, my Lord Stafford, my Lord Arnndel, my Lord Bellasis, and my Lord Petre. Two or three days after that, Grove came to my Shop to buy some Spoons for a Christ­ning; and then I did ask him, what Office he was to have? He said. He did not know, [Page 20] but he said, that my Lord Bellasis, my Lord Powis, and my Lord Petre, had Commissi­ons to govern the Army. And after that, there was one Mr. Paston in Dukestreet, I went to him to know how I could direct a Letter; and after a little time, we fell in­to discourse concerning the Affairs of the Times. He told me, The Lords had given out Commissions, one was to Sir Henry Bennifield in Norfolk, another was to Mr. Stoner in Oxfordshire, and another was to Mr. Talbot of Longford. He said that they had gi­ven Commiss [...]ons for to raise an Army.

Mr. Ward,

What was that Army to do?

Mr. Prance,

It was to settle the Catholick Religion.

Mr. Ward,

Did you hear any thing mentioned of killing the King?

Mr. Prance,

Yes, I did.

L. C. J.

Who told you this that you speak of about the Commissions?

Mr. Prance,

Mr. Paston, my Lord, in Duke-street.

L. C. J.

Was he a Priest?

Mr. Prance,

No but he kept some in his House, and they said Mass every morning.

L. C. J.

Is he of any Profession?

Mr. Prance,

He was a Counsellor, but doth not practice now, he hath an Estate of 5 [...]r 600 a year.

L. C. J.

Now go on, and say what he told you.

Mr. Prance,

He said, there were Commissions given out to Sir Henry Bennyfield and one Talbot of Longford.

L. C. J.

When was it he told you this?

Mr. Prance,

It was in August la [...]t.

L. C. J.

And did he say they had Commissions sent to them?

Mr. Prance,

Yes, they had them in the Country, where they were to raise their Troops: I heard of more, but I only remembred those three.

Mr. Ward,

Do you know one Messenger?

Mr. Prance,

Yes▪

Mr. Ward,

What discouse had you with him?

Mr. Prance,

My Lords Butler told me—

L. C. J.

Who told you?

Mr. Prance,

My Lords Butler.

L. C. J.

What Lord?

Mr. Prance,

My Lord Arundel. He waited then on one Sheldon that was Almoner to the Dutchess of York. He told me, That mr. Messenger was to kill the King, and he was to have a good Reward for the same. Soon after I was going over Lincolns-Inn-Fields, and met with mr. Messenger, and asked him, Why he would kill the King? He seemed to be surprized, and starting back, said, Who told you that? Said I, Your Butler told me. Oh, said he, we are quite off of that now: But then I was going away, and he called me back, and asked me, If I would go and drink with him? No, said I, I cannot stay at this time. However, pray, said he, keep counsel for we are off of that now▪

Mr. Ward,

Will you ask the Witness any Questions?

Corker,

Yes, my Lord▪ Those Commissions you speak of, when were they sent? in August?

Mr. Prance,

No, I do not say so, but that Mr. Paston told me of them in August. I cannot tell the day.

Sir Rob. Sawyer,

If you observe it, Gentlemen, he only tells you what some of the Priests, and persons of your Religion, acquainted him with; not any thing particu­larly against you.

Mr. Ward.
[Page 21]

Then next we call Mr. Jennison.

(Who stood up.)
Sir Ro. Sawyer.

Mr. Jennison pray give the Court an account of what you know of any design in hand, or What discourse you had with any person about such a thing.

Mr. Jennison.

Sir in the month of June 1678. I was at mr. Ireland's Chamber.

Sir Ro. Sawyer.

Where, Sir?

Mr. Jennison.

In Russel-street next the White-Hart. And there arose a discourse about Religion, and some hopes there were, he said, that the Romish Religion, should be pub­lickly owned again in England; & when I came in, I remember mr. Ireland did say, There was only One in the way, that stopp'd the Gap, and hindered the Catholick Religion from flourishing in England again; and said, It was an easie matter to poyson the King.

Lord Ch. Just.

Who was by pray when he said so?

Mr. Jennison.

His Sister was by.

L. C. J.

Name her, Sir.

Mr. Jennison.

Mrs. Anne Ireland.

L. C. J.

Who else?

Mr. Jennison.

None else.

L. C. J.

Then there was only you, and Ireland and his sister. And you say, That they were discoursing concerning their hopes of bringing in Religion and Ireland said, There was but One in the way, and that it was not an hard matter to poyson the King.

Mr. Jennison.

Yes my Lord; and so I not knowing any thing at all of the P [...]ot, or ima­gining [...]he Design, did answer, perhaps it may be done, but it would be a very horrid thing if it should▪ Then Mrs Ireland did rebuke her Brother, and asked him, Why he talk'd so? And then he answered with some Salvo or other, That he did not think it ought to be done. Then I pursued the discourse about Religion, and told him, I thought it would never come in by violence, and that it was a great scandal to Religion for the professors of it to propagate and promote it by any such way: And then I put him in mind of the Gunpowder Treason. of the [...]ll succese it had, and the great Injury it did to the cause▪ He answered, That was only a State-Trick, and an Inven­tion of my Lord Cecil's.

L. C. J.

Ay, they do say so, I know; were you a Papist then?

Mr. Jennison.

Yes, my Lord, I was.

L. C. J.

Are you one still?

Mr. Jennison.

No, my Lord.

Mr. Ward.

Mr. Jennison, were you with him again at any time? And what time was it that you met him, as you remember?

Mr. Jennison,

The 19 of August after I came from Windsor.

L. C. J.

VVhere did you see him.

Mr. Jennison,

At his own Chamber in Russel street.

L. C. J.

How do you so precisely remember the day, that it was the 19th of August?

Mr. Jennison,

I Remember it by this, the beginning of August I went to Tunbridge with mr. Tonstall and another Gentleman▪ and there I staid till the 14th, when I came to Town, and staied two or three days, and on Saturday in the Afternoon I went to Windsor to take my leave of Mr. B [...]wes, being to go down into the North, & the c [...]st [...]id­al Sunday, and came back again on munday morning, and came to Town about twelve a Clock the 19th day, as I have considered it since it was, and a munday.

L. C. J.

And then you went to Irelands C [...]ambe [...], did you?

Mr. Jennison,

Yes, then I went to mr. Irelands Chamber.

L. C. J.

By the O [...]th you have taken, because it is very material not to your cause, but it shews how fit it is that the world should know with what Truth or Falshood these men dare die, and this man did in particular. It was affirmed by him to the very [Page 22] last of his breath, that he was never here in London after the third of August, till some time in September, but was all the while in Staffordshire; and they did at the last Tryal produce Sir Iohn Southcot, and his Coach-man, and his Lady, and I know not how many other witnesses to give an account where he was from the third of August, all a­long till the middle of September; and they testified that they kept 16 days together in his Company; and then they produced People in Cheshire to say, that they saw him there. Therefore I do now ask you upon your Oath, Are you sure that you saw Ireland here the 19th of August.

Mr. Jennison,

Yes, my Lord.

L. C. J.

Do you swear that positively?

Mr. Jennison,

Yes, my Lord, I do▪

Sir Robert Sawyer.

He will till you the discourse he had with him then.

Mr. Jennison.

After that I came to Mr. Ireland's Chamber, I understood he was new­ly come out of Stafford shire. And he pull'd off his Boots while I was there upon the Frame of a Table, or else upon a Jack, I cannot positively tell which, but I believe it was on the Frame of a Table, I asked him, How all our Friends did in Stafford-shire? He told me, Very well, and that they would be glad to see me there. Then he asked me, whence I came, and where I had been? I told him, I had been at Windsor. He ask­ed me, What news? How the Court diverted themselves? I told him, I understood His Majesty took great delight in hawking, and Fishing, and chiefly in Fishing, and used to go out very early in the morning, accompanied only with three or four per­sons of Quality.

Lord Ch. Just.

Did he ask you what Company he had? Or did you tell him of your own accord?

Mr. Jennison▪

No, I think I told him of my own accord, that the King went out very early, and had but little company with him. Lord, said he, I wonder the King should go so thinly guarded, he were easily taken off, I wonder he should go so open. Said I, God forbid, sure no body would be so wicked; and then he qualified it by some expression; so that at that time I made no i'l reflection upon it, till after the Plot br [...]ak out, and then discoursing of it to my Father and my Sisters, I said I wish it be not true, pray God there be nothing in this Plot, because of the Discourse that hap­pened between mr. Ireland and me. 'Tis very suspitious, said I.

Sir Robert Sawyer.

At that time had you any discourse whence he came, and about his wea [...]iness?

Mr. Jennison.

He said, he came out of Stafford [...]shire, and came Post: I understood he came very early that morning▪ I told him that Schollars such as he, would rather choose to come upon an Ambling Horse, and that I was weary my self.

Sir Robert Sawyer.

Were you very well acquainted with Mr. Ireland that sufferd?

Mr. Jennison.

Yes, very well.

Sir Robert Sawyer.

Are you sure he was in London the nineteenth of August.

Mr. Jennison.

Yes, and I talked with him then.

Lord Ch. Just.

How long had you known him before?

Mr. Jennison.

A year and half.

Sir Robert Sawyer▪

Pray when did you go out of London▪ to the North? what time did you go away?

Mr. Jennison.

I went the fourth of September, as the coach Booke will make it appear.

L. C. J.

The Evidence they gave was, that he did not come to Town till the 13th. [Page 23] of September, but he was gone the 4th it seems to the North, and that is before that time. Well, will you ask him any Questions?

Corker,

Mr. Ireland had been in Staffordshire? Had not he? for the 19th you say he came to Town, I do not well remember, but the design of the Ruffians of killing the King, about which Oates speaks, was before the 19th at the Consult of which Ireland was so grand an instrument.

L. C. J.

That was in May, was it not?

Corker,

No, That of the Ruffians was in August, as he says.

Sir Rob. Sawyer,

Will you ask him any Questions? Look upon him; you see how creditable a witness he is.

Corker,

Did you, pray Sir, leave your Religion, and make this discovery before the pretended Plot came out? When did you leave your Religion?

Mr. Jennison,

About three months ago.

L. C. J.

He told you that as soon as the Plot broke out, said he, I told my Sisters and my Father of it, and said, I pray God this Plot have not more in it than we are a­ware of, for I had some discourse with Mr. Ireland, which I took no notice of then, be­cause he qualified it at that time, and said it was not lawful, and I did make nothing of it then, but now it runs much in my mind.

Corker,

This he says, but this man did not leave his Religion, to make this disco­very till it appeared advantageous to him so to do.

Mr. Recorder,

It is an observation you make, but it had been well if you, and all of that Perswasion would have left it when you saw what it led to.

L. C. J.

I know not what advantage you mean, nor do I see any colour you have to say so, for they say this Gentlemans Father is one of a 1000 a year, and he is his el­destSon?

Corker,

Are you your Fathers eldest Son?

Mr. Recorder,

There is an elder Brother, my Lord, but he is a Priest.

L. C. J.

Is your elder Brother a Priest?

Mr. Jennison,

My Lord, I don't know that, he is in Newgate about it.

L. C. J.

Is it reported that he is so?

Mr. Jennison,

My Lord I don't know it of my own knowledge.

Corker,

He does not know it, and therefore he is not the Heir, and therefore the advantage of his Estate is not such, but that he might well lay hold of this dis­covery▪

Sir R [...]b. Sawyer,

I hope by and by Gentlemen, you will make a better defence than this.

Mr. J. Pemb.

What you say should be by way of question proposed to the Court.

Mr. Record.

But you take it upon your Oath that you saw Ireland the 19th of Au­gust? Was that after you met with Mr. [...]owes?

Mr. Jennison,

I did not meet with Mr. Bowes.

Mr. Record.

How long after you had left him was it?

Mr. Jennis.

I did not see him there, I went to see him▪ but he was not there.

L. C. J.

But he says precisely that the 19th of August he went to Mr. Irelands chamber, where he saw him pluck off his Boots and talking, as if he had come out of Stafford­shire Post, so that indeed he was in Staffordshire, but not all the time he said he was.

Mr. Ward,

Then pray call Mr. Bowes.

(Who was sw [...]n)
Sir Rob, Sawyer,
[Page 24]

Pray Sir will you give the Court an account, when you saw this Gentleman, and about what time he went out of Town.

Mr. Bowes,

My Lord, I saw him in August, the beginning, or about the middle of August, in Tunbridge▪ before my coming to Town.

Sir Robert Sawyer,

Pray when did he leave this Town? when did he go out of Town?

Mr. Bowes,

I cannot point blank tell the time, but I could recollect my self, I be­lieve in a little time.

Sir Rob. Sawyer,

Do you know of his going to Windsor?

Mr. Bowes,

I did not see him there, but he writ a letter to me that he went thi­ther to meet me there, but I saw him not till he came to Town again.

L. C. J.

Who is't you speak of?

Mr. Bowes,

Mr▪ Jennison.

Sir Roh. Sawyer,

What did he write you in that letter?

Mr. Bowes,

Sir the letter is here in Court, I don't remember the particulars.

Sir Rob. Sawyer,

It is here in Court?

Mr. Bowes,

Yes, it is I think.

Mr. Recorder,

Shew it him, for it may refresh his memory about the time.

(Which was done.)
L. C. J.

Is that the letter?

Mr. Bowes,

This is the letter.

Sir Rob. Sawyer,

Pray when did you receive it?

Mr. Bowes,

It was in December before Christmas, here is a Gentleman that then saw it.

Sir Rob. Saw.

Pray Sir will you please to look upon it, and then acquaint the Court with some of the Contents.

L. C. J.

N [...]th, You are sure, Mr▪ Bowes, that Mr. Jennison was in Town in August▪

Mr. Bowes,

He came then from Tunbridge.

L. C. J.

That is all, we can make no more of it: Did he meet you at Windsor?

Mr. B [...]wes,

No my Lord, I was gone to Windsor before, and when he came I was gone out of the Town.

L. C. J.

What time went you to Windsor?

Mr. Bowes,

The twelfth or thirteenth of August; it was on a monday or a tuesday after I came from Tunbridge.

Sir Rob. Sawyer,

Then we shall call one witness more, and we shall prove by him▪ that is one Mr. Burnet, that the 17th of August he did meet Mr. Jennison going to Winddsor. Pray call Mr. Burnet.

(Who was sworn.)
L. C. J.

Pray Sir do you know Mr▪ Jennison?

Mr. Burnet,

I met him as I was coming from Windsor, that day Dotchets Horse Race was.

I. C. J.

What day was that?

Mr. Burnet,

I cannot exactly remember the day,

L. C. J.

What month was it?

Mr. Burnet,

In August.

I. C. J.

Was it the middle of August, or the latter end?

Mr. Burnet,

It was about the middle of August.

[...]. C. J.

This does not so [...]uch relate to you, but it is to give satisfaction to all the world, that what was asserted by Mr Ireland all along, and at his death, and seems to be justified by so many witnesses as were produced on that account, to prove that he was not here in August, is utterly [...]true; for this Gentleman Mr. Jennison swears he saw him here in Town the 19th of August, and to prove that Mr. Jennison was here, [Page 25] here is Mr. Bowes and this other Gentleman that come to fortifie his Testimony, who swears precisely, tha [...] the 19th of August he was at Mr. Irelands Chamber, where he saw him pluck off his Boots, and talk'd as if he came Post then from Staffordshire.

Corker,

I suppose it will not be permitted us to make any argument upon this nei­ther as yet.

L. C. J.

No, no.

Sir Rob. Sawyer,

But now Gentlemen it will behove you to take Notes, for we shall come home to you, and we begin with Dr. Oates.

(Who stood up.)
Mr. Ward,

Pray Sir, will you tell your whole knowledge of this matter, and apply your self as near as you can to every one of the Prisoners at the Bar.

Dr. Oates,

My Lord, in the month of July Mr. Ashby came to Town sick, and being sick, and one of the Society, the Prisoner at the Bar, Sir George Wakeman was his Phy­sician, and being his Physician he did write him some Instructions how he should order himself before he went, and at the Bath; That he should in the first place take a pint of milk in the morning, and a pint of milk at night, and should drink no morning draughts but milk, and that he should have one hundred stroaks at the Bath at the Pump, I do not so well understand what that means, but I suppose the Court doth, but▪ these were the words of the Instructions. In this letter Sir George Wake­man did write, that the Queen would assist him to poyson the King, and this let­ter was brought by a messenger to master Ashby. Within a day or two after I saw Mr. Ashby and Sir George Wakeman the Prisoner at the Bar (he was so called) but I had no acquaintance with him, but just the sight of him) I saw him sit in a writing posture, I saw him lay by his pen, rise up and go away, and the same hand that he left behind him in a paper where the ink was not dry, was the same hand that writ the letter to mr. Ashby. And▪ my Lord, in that time of converse while he was writing, this mr. Ashhy did give him some instructions concerning the Commission he had re­ceived of being Physician to the Army. Now▪ my Lord, in some few days after there came a Gentleman for some of the Fathers from Wild [...] house, that had the Title either of Sir Richard or Sir Robert, but he was a middle-statured man, and a brisk man, about the age of four of five and forty, and be came with Commands from the Queen for the Fathers to wait upon Her at Somerset house and I did wait upon these Fathers, there was Father Har [...]ourt, Father Kaines, Father Longworth and Father Fenwick, and ano­ther Father, I cannot remember his Name. And may it please your Lordship, we did attend at Somerset- house, and the Fathers went in to the Queen into a Chamber where she was, and I waited in an Anti-chamber, and I did hear a Woman [...] voice which did say, that she would assist them in the propagation of the Catholick Religion with her Estate, and that she would not endure these Violations of her Bed any longer, and that she would assist Sir Geo. Wakeman in the poisoning of the King. Now, my Lord, when they came out, I desired that I might see the Queen, and so when I came in I had, as I believe, from her a gracious smile. Now if it please your Lordship, while that I was within I heard the same voice speak thus to Father Harcourt, and asked him, whether he had received the last 1000l. and it was the same Tongue, as l can possibly guess, the same voice which I heard when I was without, and I saw no other Wo­man there but the [...]ueen, and there were these Fathers. My Lord in that very month of July Sir Geo. Wakeman was proposed 10 [...]00l. in the presence of Father Harcourt, and Father Fenwick I think was there, and Father Ireland.

L. C. J.
[Page 26]

Were you there?

Dr. Oates

I was there.

L. C. J.

Was this proposal made to Sir George Wakeman after this discourse you heard at Somerset- house?

Dr. Oates,

My Lord, I will not be positive whether it was before or after, but it was near that time, this 10000l. he did refuse.

L. C. J.

But you say, you heard the 10000l. was proffered him; pray who did pro­pose it to him?

Dr. Oates,

Ashby, was to do it.

L. C. J.

But who did it?

Dr. Oates

It was Ashby in the name of the Provincial, from whom he had received instructions so to do.

L. C. J.

But you say in your hearing 10000l. was offered him by Ashby.

Dr. Oates,

Yes, my Lord,

L. C. J.

What said he?

Dr. Oates,

He refused it.

L. C. J.

What words did he use?

Dr. Oates,

He said it was too little.

L. C. J.

What was the 10000l. to be given for?

Dr. Oates,

To poison the King.

L. C. J.

Were those the words?

Dr. Oates,

Yes, they were.

L. C. J.

How did the discourse begin?

Dr. Oates

I will tell your Lordship how: There was a Meeting of the Fathers for this very purpose to treat with Sir George Wakeman before Ashby went to the Bath, & there being a meeting they did break this business to him; but what preamble they made to it I cannot remember. My Lord, as for the other Prisoners at the Bar, Mr. Cork­er—

L. C. J.

But before you go from this matter, you say you know not how they brought it in, but they brought it in some way, he was to meet with them to that purpose, and there Ashby did tell him he should have 10000 l. What Answer made he to it?

Dr. Oates,

He said it was too little for so great a work.

L. C. J.

Is that all?

Dr. Oates

That is all that I remember.

L. C. J.

Did he say what he would have?

Dr. Oates,

I can't remember that, but he said that was too little.

Lord Ch. J.

Did he say he would have five more, or any other Sum?

Dr. Oates,

No, that was not then mentioned; but there were Letters presently dis­patched to Whitebread to tell him, that Sir George Wakeman had refused the 10000l. and then this same Whitebread did order the Fathers in London to propose five more, which proposal was made to Sir George Wakeman. This I speak but by hear say, and it was accepted, and 5000l. of it received in part, and Sir George Wakeman's Name was subscribed to the Entry-Book.

L. C. J.

Did you see his name subscribed?

Dr. Oates,

Yes, my Lord, I did.

L. C. J.

Where?

Dr. Oates,

To the Entry-Book.

L. C. J.

Where was that Book kept?

Dr. Oates,

It was the Book that the Jesuits kept: it was then in our custody.

L. C. J.

Whose custody?

Dr. Oates,

The Father Custody:

Lord Ch. Just.

Whose particularly? And at whose Chamber was it kept?

Dr. Oates,

At Wild-house.

Sir Ro. Sowyer.

Do you know who was the keeper of it?

Dr. Oates.

I cannot positively say that, I suppose the Secretary and the Fathers.

Sir Ro. Sawyer.

And what did you see writ in that Book?

Dr. Oates.
[Page 27]

That such a day (which day I cannot remember) but such a day in Au­gust so much was proposed to Sir G. W. and he accepted it, and received it: those were the words, or to that purpose.

Lord Ch. Just.

Were those the words writ in the Book?

Dr. Oates,

Yes, or to that purpose.

Lord Ch. Just.

Do you know whose hand writ that?

Dr. Oates,

Yes, my Lord, I can tell whose hand, it was Father Harcourt writ those words▪

L. Ch. Just.

Sir George Wakeman's hand was not to it, was it?

Dr. Oates,

Yes, it was just underneath: Received so much money of Father Har­court by the order of Edward Coleman: now there was the Goldsmiths Name to it, I cannot undertake to say who it was, but in my conscience I think it was St [...]ley.

Lord Ch. Justice.

How much was the money?

Dr. Oates

Five Thousand pounds.

L. C. J.

Was Sir George Wakeman's hand subscribed to that Receipt?

Dr. Oates,

Yes it was.

L. C. J.

Once more; what were the words in the Book?

Dr. Oates,

Memorandum. Such a day 15000l. was proposed to Sir George Wakeman which he accepted. I tell you the purport, and the words as near as I can.

L. C. J.

Was it said for what the money was proposed?

Dr. Oates,

I will not be positive in that, I suppose it was.

Lord Ch. Just.

But you say it was written such a day 15000l. was proposed to Sir George Wakeman. and by him accepted?

Dr. Oates,

Yes, my Lord, and then underneath it the Receipt was written, and this Receipt was written thus, Received in part of this 15000l. 5000l. of Father Harcourt by order of Ed: Coleman. George Wakeman.

L. C. J.

Was the Receipt, which is said such a day, the same day that the other?

Dr. Oates,

There was no other date to it.

L. C. J.

Had the first a date to it?

Dr. Oates,

Yes, my Lord, it had.

L. C. J.

What day was it?

Dr. Oates,

It was in August.

Corker,

What day in August?

Dr. Oates

I cannot tell.

Corker,

About what time in August?

Dr. Oates,

It might be betwixt the beginning and the middle.

L. C. J.

But we will suppose for the present question a [...]ay; suppose it was written the 10th of August, There was proposed 15 [...]00l to Sir G. W. and by him accepted, & then comes afterwards this note, Received then 5000l in part of this 15000l with his Name to it. Was there any other Date to that?

Dr. Oates,

No, that was set down as the same day, Received 5000l in part by the Or­der of Edward Col man.

L. C. J.

And then Sir George Wakeman's Name was set to it at length, was it?

Dr. Oates,

Yes, it was.

Sir George Wakeman,

Where was that Received? In whose chamber?

Dr. Oates,

I cannot say that.

L. C. J.

Was there any place mentioned in the Note where it should be Received?

Dr. Oates,

No, my Lord; I was then sick of the Stone, and was not at the payment of the money.

L. C. J.

But did the Note mention any Name? Received of any body?

Dr. Oates.
[Page 28]

It was by Order of Mr. Edward Coleman, 5000 l in part of this 15000 l

Sir George Wakeman,

Does he say this was in the Entry Book?

Dr. Oates,

Yes, it was.

Sir G. Wakeman,

Where was that kept?

Dr. Oates,

Sometimes at Wild house, sometimes Mr. Langhorn had he custody of it.

Sir G. Wakeman.

I humbly beg of the Court that mr. Staley may be sent for.

L. C. J.

He only sayes he believes mr: Staley paid it.

Sir G. Wakeman,

Does he me [...]tion no place where it was Received?

L. C. J.

No.

Sir G. Wakeman,

No [...] no person it was paid to?

L. C. J.

No, he says, A [...]l I saw is this, that in the Entry Book someimes kept at Wild-house, sometime by Mr. Langhorn, the [...]e was w [...]tten, This day (which was some day in August) proposed to Sir G. W. 15000l, and by him accepted, and under that a line or two more which contained, Then Received, 5000l by order of Edward Coleman, being part of this 15000l. George Wakeman.

Sir George Wakeman,

Will your Lordship please to give me leave to speak something now, I may forget it hereafter.

Mr. Ward,

We have not done yet.

Mr. Just. Pemberton.

Sir George, they have not yet done with this Witness for the King.

L. C. J.

North, Take a memorandum of it in your paper.

Sir Robert Sawyer,

Pray what do you know more of the prisoner at the Bar, Sir G [...]orge Wakeman?

Dr. Oates,

This is all I can recollect at present.

S [...]r R. Sawyer,

Do you know any thing of any Commission that he had?

Dr. Oates.

I did urge that he received a Commission to be Physician-General of the Army.

L. C. J.

Did you see that Commission?

Dr. Oates.

Yes, I saw it in Sir George Wakeman's hands.

Lord Ch. Just.

Had you seen it before?

Dr. Oates,

Yes, I had.

L. C. J.

Where did you see it in his hand?

Dr. Oates,

When he was writing at Mr. Ashbys.

L. C. J.

What Note was that he left behind him there?

Dr. Oates,

It was an Apothecaries Bill, as I suppose.

L. C. J.

What month was it that you saw the Commission?

Dr. Oates.

It was in July,

Mr. Ward,

What do you know of his being privy to the Consult in April?

Dr. Oates.

I cannot speak any thing to that.

Lord Ch. Just.

Did he write his name to that Bill?

Dr. Oates.

I cannot say that▪ my Lord, it was finished, but I cannot be positive about the Name:

L, C. J.

But you say, that you believe that the Name of Goerge Wakeman. was the same hand wi [...]h that you saw when he writ the Apothecaries Bill?

Dr. Oates,

It was as near as I can guess the same with that letter that was writ to Ashby▪ wherein he does direct him to take a pint of milk in the Morning, and a pint of milk [...] the Evening and that he should have 100. stroaks at the Bath: And this hand was the sa [...]e with that of the Apot [...]ecaries Bill.

L. C. J.

You never saw Sir George-Wakeman write in you life, did you?

Dr. Oates,

I saw him in a writing posture, and I saw him lay by the Pen.

L. C. J.

But you did not see him write?

Dr Oates.
[Page 29]

No my Lord, But the Gentleman that sat by him was lame of both his hands, and c [...]uld not write: And I saw him lay by the pen, and when he was gone a­way the Ink was not day.

Lord Ch. Just.

You speak of that only to shew the likeness of the hand.

Sir George Wakeman.

Have you not said that you do not know my hand?

Dr. Oates.

I have told the Court be [...]o [...]e how far I have known your hand. I saw a Letter that I s [...]y was signed and subcribed George Wakeman, and that was the same hand that was to the Receipt, and to the Apothecaries Bi [...]l.

Sir George VVakeman.

Have you not said positive [...]y that you do not know it, and is not that matter on Record?

D [...] Oates,

I did see a Le [...]er subscribed George Wakeman, 'tis a fine gentile hand, and after I saw him in a writing postu [...], I saw him say by the pen, the ink and paper was wet; I did not indeed see him write, but there was no body in the room that could write, or in a writing posture but h [...], for the other Gentleman was lame of both hands.

Sir George Wakeman.

But I pray give a positive Answer to what I ask you; have you not said you do not know my hand?

Dr. Oates,

I do not remember I have said so.

Mr. Just. Pemberton,

But he sayes now he believes that the hand that writ the letter to Ashby and the Bill that he saw green, when no body was by that could write but you, were the same.

Sir George Wakeman,

Have not you said before the King and Council, that you never saw me in all your life, and that you did not know me?

Dr. Oates,

My Lord, you may be pleased to know, when I saw Sir G, Wakeman at the Council, I had been up two nights together, and the King was willing once to excuse me from staying any further Examination, and being so ill and indisposed for want of rest, in respect both of my Intellectuals, and every thing else, I might not charge him so home, but now I have a proper light whereby I may see a mans face, I can say more to him.

Sir G. Wakeman,

This is just Coleman's case, the light was in your e [...]es.

Dr. Oates.

This is the same Gentleman: I desire he may propose his Questions to the Court.

L. C. J.

This is his Question, whether you did say before the King & Council you did not know Sir George Wakeman?

Dr. Oates.

I do not remember whether I did or did not. I saw one called Sir George Wakeman, and this is that man; but I will not say this was the man that was before the Council when I was there.

Mr. Just. P [...]mberton,

Did you see the Commission in this mans hand?

Dr. Oates,

Yes, I did.

L. C. J.

Did you know this Gentleman before he wa [...] at the Council?

Dr. Oater

I saw this Gentleman with Mr. Ashby, and he can't deny it.

Sir G. Wakeman

Can't deny it! Yes I hope you will be able to prove it, You said you never saw me in your life before you saw [...]e at the Counc [...].

L. C. J.

Did you ever see him more than once?

Dr. Oates.

Yes, twice in Mr. Ashby's Chamber.

L. C. J.

What two several dayes?

Dr. Oates

Yes, two several dayes.

Mr. Just. Pemberton.

Where was it that you saw him when the writing you say was green that he left bhind him?

Dr. Oates.
[Page 30]

It was at Mr. Ashby's Chamber.

L. C. J.

You never saw him before that, did you?

Dr. Oates.

No.]

L. C. J.

How often after?

Dr. Oates.

But once after that.

L. C. J.

Was that at the Council?

Dr. Oates,

No.

L. C. J.

Look you what he sayes, he never saw you but twice before he saw you a [...] the Council.

Dr. Oates.

I saw you when the 10000l was proposed to you.

Sir G. VVakeman.

Where was that?

Dr. Oates.

At Wild-house.

Sir George VVakeman.

Did mr. Ashby lie there.

Dr. Oates.

He did lye there, because the Provincial was beyond Sea, and he came up to London in order to go to the Bath.

Sir George VVakeman.

What day was that proposal made to me?

Dr. Oates.

It was before Mr. Ashby went to the Bath.

Sir G. Wakeman,

In what month?

Dr. Oates.

In the month of July.

Sir G. Wakeman.

By whom? By Mr. Ashby?

Dr, Oates,

Yes.

Sir G. VVakeman.

In the presence of whom?

Dr. Oates.

Father Harcourt, Father Ireland, and Father Fenwick.

Sir G. VVakeman.

You will be sure to name those that can be neither Witnesses for me nor against me.

Lord Ch. Just.

Who can help that?

Dr. Oates.

I reckon up such as you did keep company with.

L. C. J.

Do you know when mr. Ashby went to the Bath?

Dr. Oates.

The latter end of July or beginning of August, as I remember. And this was before he went, he stayed but fourteen or sixteen days, as I remember, in Town.

L C. J

He says he saw you but twice, once when you writ that Note, and the se­cond time when the proposal was made to you.

Sir G. Wakeman,

And you knew all these things at that time when I was examined before the King and Council, turn this way and answer me.

Dr. Oat [...]s.

I am not bound to answer that Question.

L. C. J.

But you must answer his questions if they be lawful.

Sir G. Wakeman,

I say I ask him, whether he knew all these things before that time I was examined before the King and Council.

Lord Ch. Just.

That must needs be, for all these things were done before.

Sir G. Wakeman,

Then I ask him this Question, why did you say before the King & Cou [...]ci [...], that you knew nothing of me but concerning one letter that was writ from Mr. Ashby to mr. Fenwick? shall prove this upon you; but, my Lord, let me observe this, can any one believe that if such Evidence had been given in to the King and Council a­gainst me as he now speaks of, that I should not have been immediately taken into Custody. but that I should have my liberty so long as I had?

L. C. J.

I will tell you, Sir George, you will do very well and properly to call up your witnesses by and by when you com to make your defence, and to prove what he said at the Council-Table. Pray Dr Oates, what was the reason you did not give the same Evidence then you do now?

Dr. Oates,

I c [...]n by and by give an answer to it, when it is proved by him what I did say. [...]s to [...] Corke [...] I say this, he had a patent from the see of Rome to be Bishop of London; and Mr. Corker was privy and consented to a proposal that was made by [Page 31] Langhorn to the Benedictine Monks, whereof he is one. And these Benedictine Monks did contribute 6000 l. to the Society of the Jesuits in order to the carrying on of this Design. And mr Corker, though he did deny before some Justices of the Peace, that he did go out of the Kingdom, yet he did go over to Lampspring in Germany, and staid there some short time, and he did write a letter; but whether it was dated from Lampspring in Germany or no I cannot tell, because there was only the date of the month, but not of the place from whence it came, but the latter end of August it was, a [...]d therein he wrote, that he did consent to the proposal for the raising of the said 6000 l. for he is President of the Benedictine Monk [...], and therefore it was necessa­ry that he should give the Suffrage, and he had been with [...]ather L [...] Chese and the English Monks in Paris, and had given an account what prospect of Affairs he had in England, and how the Design went on.

L. C. J.

Was this in a letter?

Dr. Oates.

Yes, it was.

L. C. J.

To whom was that letter directed?

Dr. Oats,

It was directed either to Father H [...]cheot, or to Father Howard then in. London.

L. C. J.

You saw the letter?

Dr. Oates.

Yes, I saw the letter.

L. C. J.

Were you acquainted with his Hand-writing?

Dr. Oates,

I will shew you how far I might be acquainted with his Hand: my Lord, this Gentleman, as I think, went away in July, as near as I can remember, I won't be positive in the time he went over, but in the month of June I saw this Gentleman with mr. Fenwick, and he had given him an account either of some Friend or Kinsman of his at St. Omers▪ that had not his Pension paid, and mr. Corker did give a Note under his Hand to mr. Fenwick where to take up so much money, and the money was to be re­ceived of mr. Langhorn.

L. C. J.

How much was that money?

Dr. Oates,

It was about 20 [...] 25 l. and he subscribed his Name to it, James Corkers for that is his Name, though he is indicted I know not how by the Name of Anthony: and I have a Summons to give Evidence against Anthony Corker.

Lord Chief Just.

He is Indicted by the Name of James.

Dr. Oates.

And then I saw his Name to an Examination that was taken by Sir Charles Harbord, and some other Justices that were of the House of Commons that took the Examination of this Corker, and it was the very same Hand he usually writ, only it was not so fair, nor so well in his Examination. This is that I say against Mr. Corker.

Sir Rob. Sawyer,

Shew him that Hand there: pray, Sir, look, upon it. (Then a pa­per was shewn to him.)

Dr. Oates.

This is the same Hand.

Corker,

Is that a Copy of my Examination before the Justices?

L. C. J.

It is the Original.

Corker,

I am glad it is there.

L. C. J.

Shew it the Prisoner.

Dr. Oats,

Mr. Corker did use to bestow the Queens Charity—

L. C. J.

Is that your Hand?

Corker,

Yes, my Lord.

L. C. J.

Shew him the other.

Corker,

These are both my Hand as far as I can see.

Dr. Oats,

That Note he gave to Fenwick for the receiving this money was the same Hand with this, and so was the letter that came, as we suppose, from Lampspring in [Page 32] Germany; but I cannot say it did so, wherein he did give consent to the raising and giving this 6000 l. for the carrying on of the Design.

Sir Rob. Sawyer,

What was that you had more recollected?

Dr. Oats,

He did dispose of the Queens Charity (as it was so called) but mr. Cor­ker did say it was to carry on the Design; and this he did say in the month of June, when he was with mr. Fenwick. Now what he meant by that Design, I leave to the Ju [...]y to judge, only some parcels he had distributed two or three shillings to some, and forty shillings to another, to some more, to others less: but a great part of it he did use for the carrying on of this Design, and he said the Queen had given him Or­de [...]s so to do.

Sir Rob▪ Sawyer,

What do you know of his being privy to the Consult of the 24th of April?

Dr. Oats,

He did know of it, and I will tell your Lordship how I know he knew of it. He did except against Pickering being chosen.

L. C. J.

To do what?

Dr. Oats,

To do that wicked thing to kill the King, for said he, Pickering is com­monly attendant upon the Altar, and he thought it not so convenient that he should be employed about that business, because he might miss an opportunity by being▪ at High Mas, whereas another, a Lay-man migh [...] do it.

Sir Rob. Sawyer,

Were you present when the exception was made?

Dr. Oats,

Yes, it was when the Order was given about the money to [...]enwick▪

L. C. J.

At whose house was it?

Dr. Oates,

At the Benedictine Convent in the Savoy.

Sir Rob. Sawyer,

Was it expressed at that time what Pickering was to do?

Dr. Oats,

His being privy to the Consult in April, I had it only from his own mo [...]th, for he wondered that the Jesuits should employ Pickering in that business, when they might have a Lay-man who was more fit; he being a Religious man and attending upon the Altar, it was not so convenient.

L. C. J.

Where was that 6000 l. to be raised?

Dr. Oates,

Out of the Benedictinct Estates.

L. C. J.

Was he their President?

Dr. Oates,

Yes, he was.

Mr. Just. Elly [...]

Dr. Oates, was he against the thing, the doing of it at all, or against Pickerings doing of it only?

Dr. Oates,

He was only against Pickerings doing of it.▪ He would have had a Lay­man employed in it.

Mr. Just. Pemberton,

That is plain, for he did give consent that the 6000 l. should be raised for the carrying on the whole design.

Sir Rob. Sawyer,

Do you know any thing besides that letter you have mentioned, which he writ, to give his consent?

Dr. Oates,

Nothing, b [...]t that because he had given his Consent the mony was paid.

L. C. J.

Do you know it was afterward; paid?

Dr. Oates,

I believe that the money was paid, for our Fathers said that they had received it.

Mr. Recorder,

What say you to the rest of the Prisoners?

Dr. Oates,

Mr. Marshal I do charge with the same, that is, that he was act [...]ally pre­sent at the Benedictine Convent when the 6000 l. was agreed to be cont [...]ibuted, but [Page 33] it was not to be paid till they had an Answer from Mr. Corker.

Sir. Rob. Sawyer,

That Letter you speak of was an Answer to it I suppose?

Dr. Oates,

Yes my Lord, it was so.

Sir Rob. Sawyer,

What do you know of the Consult, was he privy to that?

Dr. Oates,

I will not be positive as to mr. Marshals being privy to the Consult, I know that he was privy to Pickerings undertaking to kill the King.

Sir Rob. Sawyer,

How do you know that?

Dr. Oates,

Because he was of Corkers Opinion that they had better take a Lay-man.

Mr. Recorder,

What say you to Rumley?

Dr. Oats,

He is a Benedictine Monk, or at least-wise a Lay-brother. And he was privy to this Consult in which the 6000 l. was agreed to be paid and given, and I do judge he did consent to it, for he did pray God that it might have good success, and that the Catholick Cause might once again flourish in England.

L. C. J. North,

He was there then, was he not?

Dr. Oates,

Yes he was there, but only as a Servant, a Lay-brother of that Order.

L. C. J North,

Why, is he professed?

Dr. Oats,

Yes, I think he is.

L. C. J. North,

What time was this, Mr. Oats?

Dr. Oats,

In August.

L. C. J. North,

Was it the former part of August?

Dr. Oates,

I cannot be positive, but I think it was.

Sir Rob. Sawyer,

Can you say any thing more against the rest of the Prisoners?

Dr. Oates,

I do not recollect any thing more at present,

Mr. Ward,

Now Gentlemen, if you please to ask him any Questions you may.

Rumley,

Were you there present?

Dr. Oates,

Yes, I was.

Rumley,

Was it in the month of August?

Dr. Oates,

Yes, it was.

Sir Rob. Sawyer,

Will any of you ask him any more Questions?

Corker,

He says I went in June to Lampspring, now I would ask Mr. Oates where Lampspring is?

Dr. Oates,

We suppose it to be in Germany.

Corker,

'Tis almost at the furthest end of Westphalia, and he says that being there, I had o [...]ourse with le Che [...]se and the English Monks at Paris about this design, I would [...]ain make sense of this if I could.

Dr. Oates,

To satisfie Mr. Corker, I cannot say that he went to Lampspring, but only as he said himself, and they used to say they go to one place when they go to ano­ther: as Ireland said he went to St Omers, when he went into Staff [...]rdshire.

Corker,

Where and when did I give my Consent to the design about murthering of the King, for you named the 24th of April.

Dr. Oates,

This is that I say to the Court, that the privity that Mr. Corker, had of the Consult of the 24th of April was that I had out of his own mouth, in which he did declare, that he did think the Jesuits had not done well to make choice of one of their Order to do that business since he was to attend upon the Altar, but it would have been well if they had made choice of some other Lay-man to match Grove.

Corker,

You tell me I had a Patent to be Bishop of London.

Dr. Oates,

I saw it in your own hand.

Corker,

Who gave me that Patent?

Dr. Oates,

I did not enquire into that▪

Cor.

Did you hear me say, I accepted of it, and should be Bishop of London.

Dr. Oates,

I heard you say this, you hoped it would not be long e're you should [Page 34] exercise your Episcopal Function.

(At which the people laughed.)
Dr. Oates,

I now recollect something more. I remember Mr. Marshal was present when Father Hitchcot and Father Howard and Conyers the Benedictine Mo [...]k, were there present about the laying of a Wager, whether or no the King should eat any more Christmas Pies, and this Benedictine Monk Conyers did la [...] he should not, and another Gentleman lay'd that he would, and this Gentleman Mashal did go halves with Con­yers that he would not.

Marshal,

I desire you would tell my Lords the Judges how long you have known me, and where you have seen me?

Dr. Oates,

I have seen this Gentleman several times, but had never any familiarity with him, but I have seen him [...]fficiate at the Altar.

Marshall,

How long have you known me.

Dr. Oats,

First and last two years▪ but the first time that I knew you to hear you speak, was when Father Hitchcot and the rest were there.

Marshall,

he says, he hath known me this two years, and yet never spake to me.

Dr. Oats,

I knew him by sight.

Marshall,

He looked upon me as a Priest it seems, he knew me to be engaged in this busine [...] as he says, I wonder he should never converse with me.

Dr. Oats,

There are a great many that I know by sight, whom I never did con­verse with.

L. C. J.

What do you infer from that? It may be you know some of the Ben [...]h by sight that you never spake to before nor they to you.

Marshall,

what day of the month was this Consult? Dr. O [...]t [...], It was in August.

Marsh [...]ll,

But what day of August?

Dr. Oates,

'Tis a great priviledge that I tell you the month. It was between the first and the middle of August.

L. C. J.

He tells you it was the former part, but it lies in his breast whether he will or no to tell you exact the day.

Marshall,

My Lord, 'tis impossible to make a defence, if Circumstances of time and place be not mentioned.

L. C. J.

'Tis fit he should answer if he can tell the time, but if he cannot we can't help it.

Marshall,

But if he does not name the very day he may name the place.

L. C. J.

He does name the place, it was at the Benedictine Convent.

Marshall,

Why can't he as well remember the day?

Dr. Oats,

If they will tell me when the Feast of the Assumption is, which is a Feast of their making, then I will give them a pretty near account when it was.

Marshall,

The Feast of the assumption is the 15th of August.

Dr. Oates,

My Lord, it was either the day before or the day after.

Marshal,

Now he hath avouched this positively.

Dr. Oates,

Nay, I will not be positive.

Marshall,

But you were [...]o, that it was the day before or the day after.

Dr. Oates,

I appeal to the Judges of the Cou [...]t.

L. C. J.

If he will say it let him, but people are not to be snapt up thus. Mr. Oats, you are [...]pon your Oath, and pray answer the question that is asked by the Prisoner as positively as you can. If you can, say so, if you cannot, say so.

Dr. Oats,
[Page 35]

My Lord, I do believe verily it was either the day before or the day after.

L. C. J.

Are you sure it was?

Dr. Oats,

My Lord, I do verily believe it▪

Marshall,

But what accusation is it of a Thief or a Murderer upon the high-way un­less you tell the time exactly?

L. C. J.

You see he will not answer positively.

Marshall,

Mr. Oats, was I at any other Consult besides this one?

Dr. Oats,

Yes, you were upon the 21th day of August, if it fell upon a Wednesday.

Marshall,

What matter is it what day it fell on?

Dr. Oats,

If it were a Wednesday, then the 21th of August you were at a Consult when we had Letters from Arch-bishop Talbot, wherein we had an account of the State of Ireland, how the Irish Affairs did stand, but it did not pay an Ir [...]sh Letters price, and therefore I suppose it came from this side of the Water, though it was di­rected as if it came from Dublin. And this was read there, and there was in it a Pray­er that a Commission might be sent down, and there were some Jesuits, and some Bene­dictines, amongst whom Marshall was one, and he did give his Consent that the Com­mission should be sent down.

L. C. J.

What Commissions were they?

Dr. Oats,

For Officers in the Army that was to be raised there.

Marshall,

Where was that letter read?

Dr. Oats,

At the Benedictine Convent.

Marshall,

And this you say was the 21th of August.

L. C. J.

And that was on a Wednesday as the A [...]manack say.

Dr. Oats,

There he agreed to send the Commissions into Ireland for the appointing of Officers, and did consent to the poysoning of the Duke of Orm [...]nd.

Rumley,

When was Picke [...]ing taken?

Dr. Oats,

He was taken the [...]ight before, or Micha [...]mas day in the morning.

Rumley,

Were not you there, Mr. Oats?

Dr. Oats,

Yes, I was.

L. C. J.

Were you at all the Consults?

Dr. Oates,

No, I was sick when Sir George Wakeman was offered the 15000 l. and receiv'd the five.

L. C. J.

What Consults were you at?

Dr. Oats,

I will answer to those Consults that these persons are affected in, there was one Consult about the beginning or middle of August, there was another the 21th of August, and then there was another Consult wherein the 5000 l. was paid or ordered to be paid to Wakeman, and I was not there.

Rumley,

Who was the messenger that took Pickering?

Dr. Oates,

I do not know him.

L. C. J

Was the Consult of Sir George Wakeman after the 21th. of August?

Dr. Oats,

No my Lord.

Mr. Ward,

Will you ask him any more questions?

Dr. Oats,

My Lord, I desire I may have leave to re [...]i [...]e, because I am not well.

L. C. J

You must stay Dr. Oats, till after their defence [...]

Mr. [...]

If you desire to have any refreshment you shall have it got for you.

Sir Rob. Sawyer▪

Then we call Mr. Bedlo [...] next (who stood up) Pray Sir, speak your knowledge concerning the Prisoners at the Bar.

Mr. [...].

My Lord▪ before I speak any thing to the Prisoners, I desire there may be a difference between the Clerks of the Council and me decided, they have mi­stak [...]n [Page 36] a word in my Evidence, and put in New-Market for VVindson.

L. C. J.

What does that signifie to the present business?

Mr. Bedloe,

I desire it may not be brought against me in my Evidence.

L. C. J.

Then 'tis only for a Caution before hand.

Mr. Bedloe.

The latter part of the last Summer, it was I think about the beginning of August Sir George Wakeman was at Harcourt's Chamber, I my self was there first, and when he came in he fetch'd a turn or two about the Room seeming angry and dis­contented, and asked Harcourt if he had any thing for him. Then Harcourt asked him how he did proceed? said he, I don't know whether I shall or no; for what reason am I d [...]ill'd on in such a Concern as this? Says Mr. Harcourt, stay Sir George you need not be so hasly to bla [...]e us, for we are better provided for you than you think for. VVith that Harcourt went to his Cabinet and took out five or six Papers, and brought a small Bill, and asked Sir George Wakeman; said he, Sir George, how are you provided? said Sir George, I have been ready long since, but you have not been so punctual with me: But what have you there? said Harcourt, I have a Bill of 2000 l. From whom, said Sir George Wak [...]man? Then he named a Gentleman, but I don't know him, nor can't remember h [...]m. And said he, I came now from Whitehall, and receiv'd it from such an One, which he said was by the Queen's Order, and that he had it from Her. This Bill is charged upon such a Goldsmith, and named him, he dwelt somewhere about St. Dunstan's Chur [...], but I can't remember his name, I'le tell you by and by why I think he dwelt there. Assoon as Sir Geo. had read it, 'tis well said he, if it be accepted, I find more incouragement from my good Lady and Mistriss, than from any of you all. They had some little more discourse, and Sir George asked of Harcourt who I was; said he, 'tis a Friend that hath been long engaged in our business, and is to do the next great work to Yours. VVell said Sir George, I will go and see if the Bill be accepted, and you shall hear of me to night; and accordingly he did go. I did not stay but a very little time after him, and therefore I Collect he could not go far to get the Bill accepted: for I did cross Lincoln-Inn Fieids and came down a Lane by Temple-Bar, and between the Queens Head and Chancery Lane end I met with Sir George Wakeman: said I, have you been with your Bill already, and is it accepted? yes said he, 'tis accepted: and when is it to be paid? I am to go, said he, in the Afternoon to receive it.

L. C. J.

VVho said so?

mr. Bedloe,

Sir George Wakeman.

L. C. J.

To whom?

Mr, Bedloe

To me. And seeing of him return from the City-ward again, I concluded it was not far off, and spoke to him as I tell you. Sir George and I were not very well acquainted, but I had known him five years. and upon that Character Mr. Harcourt had given of me, I thought I might make bold with him, & when I asked him and acco­sted him with that short Question, is your Bill accepted? he made me answer it was, and he was to receive it in the afternoon, and thought it not fit to dispute any thing with me.

L. C. J.

You don't know what Goldsmith it was upon?

Mr. Bedloe.

It must be one that lives about St. Dunsians Church or Flecestreet. for he could not go for in that time.

L. C. J.

Where was Harcourts Chamber?

Mr. Bedloe,

I [...] Dukes-stree next the Arch. Now I asked Harcourt afterward; whether this was part of the 1500l. said he, we have not adjusted that matter yet, but he re­ceived [Page 37] this only as a present supply. And he did in a short time, after receive as much as made it up 5000l. But I asked whether it were for the old business, yes said he, 'tis for the fame design, if we should fail of it by other means: (and so was the discourse to Sir George Wakeman.) If we should fail of it at Windsor then this way is to be taken, and if this fail too, we will make sure of it at New-market.

L. C. J.

What do you know of the other Prisoners?

Mr. Bedloe,

mr. Corker I have seen with Kains and le Fevre, but never in their Com­pany but once, where being in the great Court at Somerset▪ house we walked out of the Court into the Piazza, and there we were speaking of our business. Kaines was saying to me, You brought such a letter such a time for me and I have lost it. I do not know what to do for it. Said I, do you remember the Contents of it? Yes, said he I do. Said I, you should take such Letters in such a Character as none could read but your [...]elf, and then burn the Letters themselves. Said he, I hope it will not come to light, for none will meddle with my papers that can do me any hurt. I heard nothing from Mr. Corker that did relate positively to the murder of the King, but Corker and le Fevre were speaking in general about the business, what Letters they had received from be­yond Sea how to manage their affairs.

L. C. J.

About what matter?

Mr. Bedloe,

About the Plot, what Letters they had received from beyond Sea, and how forward they were in their proceedings here.

Corker.

What did we talk about?

L. C. J.

What was it about still?

Mr. Bedloe,

It was about raising the Army, and what Interest he had with the People, It was in general, I come not to particulars.

Corker,

Did Kaines or I, or any of us name any such thing as Plot, design, or the like?

Mr. Bedloe,

We were discoursing of the Business in general. I don't take upon me to speak to particulars.

L. C. J.

What was it about, say you?

Mr. Bedloe.

About raising an Army, what Interest he had in the people, who had been sent into the Countrey, what they had done, and the like.

Corker,

Did you hear any word of killing, Army, or d [...]sign?

Mr. Bedloe,

Yes, every one of those w [...]rds were used. I don't take upon me to tell how the words were placed.

Mr. Ward.

What say you to the rest?

L. C. J.

When was this discourse?

Mr. Bedloe,

July was twelve moneth.

Mr. Ward.

What say you to mr. Marshal?

Mr. Bedloe.

Mr. Marshal hath reason to know me, and I suppose will not pretend to the contrary▪ fo [...] he cannot but remember that I knew him when I went to the Gate-house. He hath corryed several Letters that have been brought from beyond Sea, and others that have been writ in England into the Countrey, and I hav [...] been with him in Latham's Chamber in the Savay, and Somerset-house, so long since as Latham was one of the Qu [...]ens Monks. He hath carryed the same Letters that I have brought from be­yond the [...] four, or more at a time to communicate to the Country gentle­men of the Catholick party, that were Assi [...]ants to us, particularly to S [...] Francis Rad­cliff & others I am sure he hath carryed, and he knew what was the effect of those Letters, and what were the Answers to them; he read them as well as any of them, for I think. [Page 38] he is of the same Order to the best of my knowledg, though I never saw him in his habit.

L. C. J.

What was the Import of the Letters?

Mr. Bedloe,

I never brought any one Letter to the Religious Fathers, and I have brought a great many, but what did import what I have now given in Evidence, and did relate to the full substance of what I say now.

Sir Ro: Sawyer.

Can you mention the particulars of any one Letter that he knew the Contents of?

Mr. Bedloe.

I do mention one which I very well remembet and that was to Sir Francis Radcliff, and I remember it though it be long since because I w [...] well ac­quainted with Sir Francis R [...]dcliffs Son, and I brought Comendations from his son to England.

Sir Robert Sawyer,

Well Sir, what was the contents of that letter?

Mr. Bedloe,

It was a copy of the letter from le Cheese in Paris to the Monks & Jesuits in England in answer to the first letters that [...] brought over to them relating to the ma­nagement of the design.

Lord Ch. Just.

Was it mentione in that letter what the design was?

Mr. Bedloe,

In that which I carried over to le Cheese, it was, that all things were in readiness, and the time now drawing near for they did hope in [...] year or two, or in a little time they should be in a capacity to put this in practice, and they did not question but to subvert the oppression and Tyranny the Catholick [...] were under in England.

Sir Robert Sawyer,

Was mr. Marshal acquainted with the contents▪

Mr. Bedloe,

He was one of them that use to examine the answers. It was written to him partly, for if he were not a member of then Order as I think he is, he was one of the club & consult that saw the contents of al [...] letters. I have not seen him so often as I have done the others, but I believe he hath been there as often but he hath received to my remembrance twice letters to communicate into the country concerning the sub­version of the Government, and the introducing of Pope [...]y.

Mr. Ward,

What say you to mr. Rumly;

Mr. Bedloe,

I cannot be positive as to my own knowledg, but what mr. Harcourt has said.

L. C. J.

Do you know any thing of your own knowledg by him?

Mr. Bedloe

I have been told he hath communicated letters of this business into the country. And that he was one employed when any secret letters were sent.

L. C. J.

So you cannot declare upon your Oath that you know that mr. Rumley kn [...] [...]he contents of any [...] to the Plot.

Mr. Bedloe,

No my Lord, I do not. I have a good remembrance of faces, but I do not remember his.

Sir George Wakeman,

W [...]t day was it th [...]t I had the discourse with Harcourt, and re­ceived the Bill from him as you say?

Mr. Bedloe,

You ask me a qu [...]stion as if I were in the state I was formerly in, when I might have an indulgence of or telling a lye. N I have no delight to damn my Soul, to ma [...]e you a Martya; but to satisfie you as well as I can, I say, it was the beginning of August. or part of the beginning, I do not sp [...]ak to a day.

Sir George Wakeman,

How do you know it was a B [...]l [...] of Exchange for this money?

Mr. Bedloe.

You did read it aloud.

Sir Go [...] ge Wakeman,

Had I any acquaintance with you?

Mr. Bedloe,
[Page 39]

No, But mr. Harcourt told you who I was.

Sir Geo [...]ge Wakeman,

And would I upon the first sight of a man discover to him what would endanger my life?

Mr. Bedlow,

Ay, and an hundred times more, if mr▪ Harcourt, did but tell you I was his [...].

L. C. J

What were the contents of that note?

Mr. Bedloe,

I [...] was directed to a [...], whose name I tell you I cannot remem­ber.

Si Ge [...]ge VVakeman,

You are good at remembring some sir-names, why can't you remember this n [...]me as we [...]l?

Mr. Bedloe,

I can remember names that do relate to any business, but only hearing this name by the by I cannot remember u, f [...]r I [...]id not then think it of such consequence.

Sir George VVakeman,

You do not k [...]ow me?

Mr. Bedlow,

Yes I do.

Sir G [...]orge VVakeman,

I cal God to [...] I never saw you before in my life tha [...] I know of. You have a very remarkable face, and if a man had once seen you he must know you again.

L. C. J.

Who subscribed that Note?

Mr. Bedloe,

I don't know, [...] was one of the Queens Gentlemen that Harcourt had if from. And whereas S [...] George VVakeman sayes he does not know me, I did take phy­sick of him at the Bath?

Sir George Wakeman,

VVhen was I at the Bath.

Mr. Bedloe,

It is some years since.

S [...]r G VVakeman,

I never was there but once, and that was a year and an half ago.

Mr. Bedloe,

No sir, it is more, than that, for you were there when the Queens was there.

Lord. Ch. Just.

How long is it ago that you were there Sir George?

Sir George VVakeman,

It was about two years ago.

Mr. Bedloe,

It is three years this Samm [...].

L. C. J.

Then that is well enough▪ for that is some years since.

Mr. Bedloe,

I had acqu [...]intance enough with him while he was there▪

Sir G. VVakeman,

I say this, my Lord, if I had been acquinted with mr. Bedlow, I should have known him to be a g [...]eat Rogue, wh [...]ch is But what he hath said of himself; and then I should not have thought it fit to have trusted such an one wi [...] such a great secret as this.

L. C. J.

It may he call himself great [...] for that which you would have applauded him for, and canonized him too. It may [...] thinks he was [...] for, going so far as he did; but perhaps you are of another or [...].

Mr. Bedloe.

My Lord, I could not count my self an honest [...]an, that had conse [...]t [...]d to the death of the King and Sir Edmundbury Gods [...]y.

Sir G Wakeman,

But though he gives you an account of such a Bill delivered to me, yet neither he tells you the time, nor mention [...] the man upon whom it was drawn: Here are all the [...]arks of falshood that can possibl, he.

L. C. J.

No, he does not mention the man upon whom it was drawn, nor from whom; nor can he say that ever you received it, but you were to receive it.

Sir G. VVakeman,

How came he to omit that? but because I should have no plea for my self when I came to be accused of it.

Mr. Bedloe,
[Page 40]

Pray Sir George don't press me to say more than I know. I do tell you all that I can say of my self.

Mr. Recerder,

Have you any more questions to ask him?

Marshall,

I ask you this question; First, Why will you damn your soul to send me to Heaven? Lay your hand upon your heart, and in the presence of God declare whether ever you saw me in your life, before you came to the Gatehouse? Whether ever you saw me in any part of the world whatsoever? And whereas you say now that I owned that I knew you there; it was so far from it, that all the company that were there, will say that you did not know me, and declared your self a stranger to me.

Mr. Bedloe▪

No, Sir, pardon me; you did not deny but that you had seen my face.

Marshall.

No, all the company that were there will say that you owned your self a stranger to me, you told me mr. Marshal, Be not afraid, I will do you no hurt. But mr. Bedloe, where have you seen me?

Mr. Bedloe,

At the Benedictines Convent in the Savoy. And my Lord, the first word that I said, when I saw him, was, that this mans name is Marshall, and he carried such & such letters into the countrey, and Sir William Waller can testifie the same.

(VVho standing upon the Bench was sworn,)
Mr. Recorder,

mr. Marshall, you had best to hearken to what Sir VVilliam Waller says,

Sir William Waller.

My Lord, I went to the prison to see mr. Mashall, and mr. Bedloe was there with me, mr. Bedloe asked him if he did not know him, and called him by his name; he declared he had seen him before, but said he did not know him.

L. C. J.

Did he call him by his Name as if he knew him?

Sir William VValler.

Yes, my Lord he did.

L. C. J.

Look you, mr. Marshal, he sayes that you your self owned that you had seen him before, though you were not of his acquaintance,

Marshall.

What Sir William Waller says, I must oppose, though I am extremely sorry so to do. Sir William, you may please to remember, that you came to me after mr: Bedloe was gone.

Sir William Waller.

No, I was there with you before he came in.

Marshall,

I believe those of the Gatehouse do remember that I spoke with mr. Bedloe in private in an interior Room; what you spoke was in the open Hall there. You asked me whether mr. Bedloe had not been there? I to [...]d you yes that was in the publick [...]lace; whereas mr. Bedloe talked with me only in a private Room.

Sir W [...]lliam Waller.

My Lord, what I have said is upon my Oath, and 'tis nothing but the truth.

Marshall.

And I am upon my life, therefore I am very sorry I must for the truth sake, and defence of my life contradict what you say. What your [...] worship and I spoke was in the publick Room; but what discourse mr. Bedloe and I had, was in another private Room.

L. C. J.

Look you, Sir William Waller, was you there when mr. Bedloe was with him.

Sir William VValler,

I was my Lord.

L. C. J.

VVhere?

Sir VVilliam VValler,

In the common Room.

L. C. J.

VVhat did he say concerning mr. Bedloe in the common Room?

Sir VVilliam VValler.

Mr. Bedloe called him by his name and asked if he knew him? he said he had seen his face, but did not know him.

L. C. J.

Do you hear that mr. Marshall?

Marshall,

Truly, my Lord, it goes against my heart to speak any t [...]g in opposition [Page 41] to what Sir VVilliam VValler says, for I would not for all the world reflect or▪ say▪ any thing that should glance upon Sir VVilliam VValler, as if he had taken a false Oa h [...]b [...]t all in the Gat [...]h▪ use Nay Mr Bedloe himsel [...] knows that he had discourse with me in a private Room before Sir VVilliam VValler came.

L. C. J.

Mr. Bedloe speak yourself; was Sir William VValler there, when you came to the Gatehouse?

Mr. Bedloe,

My Lord, I had an Order from the Council-Board to go and see the prisoner, there was no body that told me his name, nor that I knew, knew it; but I would not do it, I was so cautious, but in the hearing and company of a Justice of Peace, and there­fore I went away before they had called him down, and I went to see if the House of Commons were sitting; and when I came back, Sir W. VValler was just coming thither, and so I went in with him, for I met him at the bottom of the Stairs. We came into the common Room, and there was Mr. Marshall with the Keeper, and I was in no other Room, but the common Room. And Sir W. VValler withdrew to the end of the Room while I asked him some Questions; and pray will you please to ask Sir W. Waller whether I did not call him by his name as soon as I saw him?

Sir VV. Waller.

Yes, my Lord, he did: He asked him if his name was not Marshal? and whether he did not know him? And he said he had seen his face, but had no ac­quaintance with him.

Marshall,

Were not you with me first in that Room which turns in on the right hand from the common Room?

Mr. Bedloe,

I do not know any such Room in the Gatehouse.

Marshall.

There were your Guards, Mr. Bedloe, and there were several others in the Gate-house; they cannot but remember what Room I was brought into, They can­not possibly but remember, that when Sir William Waller came to me, he asked me whether Mr. Bedloe, had been with me.

L. C. J.

Look you, Gentlemen, they have done, call what Witnesses you will, and make your defence as well as you can▪

Marshall,

my Lord, I did not think or imagine any such thing would be spoke of; or that there would need any attestation for it.

Lord Ch. Just.

Look you, they have done; we will hear what your Witnesses will say, as long as you will.

Marshall,

my Lord, Mr. Bedloe see [...]'d a perfect stranger to me when he came to the Gate-house; and to encourage me, told me Mr. Marshall (says he) do not fear, I will do you no hurt at all. Did not you send (saith he) to such an one, to have Mr▪ Bedloe questioned about such and such things? Which I denied, and he did not seem by any word that he spoke▪ to have seen m [...] before in his life.

L. C. J.

He told Sir W. VValler your name was Marshall, though you went by a wrong name, the name of Marsh.

Marshall,

He might easily know my name by those that took me.

L. C. J.

But I tell you, you went by a wrong name then, Marsh.

Marshall,

my Lord, I am called promis [...]uo [...]sly Marsh and Marshall. But Marshall is the [...] am [...] I own.

L. C. J.

And that is the name he knew you by.

Marshall,

I did not call my self Marsh when I was taken, but told my true name.

Mr. Bedloe,

my Lord, I did not hear of any name at all, but I said, This is Marshall, [Page 42] one of the Benedictine Monks▪ as soon as I came in:

Marshall,

mr. Bedloe seem'd to encourage me to hope, and bid me not fear; said he, You will have an Honourable Bench, and a good Jury. And this they that were there, can testifie.

Lord Ch. Just.

Call them: call your VVitnesses.

Marshall,

But, my Lord, I did not know any thing of this. And Sir W. Waller's que­stion that he asked me was, if Mr. Bedloe was with me.

L. C. J.

You hear what he sayes.

Marshall,

I am infinite loth to say it, because he swears it▪ and you well know, Mr. Bedloe, you talked with your Guards a while, and then turned at last to me.

Mr. Bedloe,

Yes, I did talk with my Guards, but Sir W. VValler was in the room as well as I.

L. C. J.

By what name were you committed?

Marshall,

I had Letters about me writ to me by that name; and I thought it my du­ty to answer to that name that the Letters did call me by.

L. C. J.

VVell, have you any witnesses?

Marshall,

This is a surprize, I did not know of any such thing.

L. C. J.

H [...]ve you any witnesses, Sir G. VVakeman?

Sir G VVakeman,

Yes, my Lord, I have several.

Marshall,

But mr. Bedloe, can you say you have seen me any where before you saw me at the Gatehouse?

Mr. Bedloe,

Yes.

Marshall,

VVhere?

Mr. Bedloe,

At the Savoy.

Marshall,

And any where else?

Mr. Bedloe,

Yes and at other places.

Marshall,

Name one other place in the whole world, and I will be contented to dye.

Mr. Bedloe,

I will tell you why I cannot name any other place positively. I did carry the Letters thither: there were the consults about them, and there I used to converse with you most.

Marshall,

can you prove that ever you were in the Savoy in your life? and I will be hanged without any thing more to do. If you can prove it either by man, woman, or child, I will go to the Gal [...]ows, and will not say one word more.

Mr. Bedloe,

my Lord, I have other witnesses, but at present I cannot produce them: there are some in Kent, they are some of them in one Countrey, and some in another, I reserve them for another time, but there is Oath made of it before the Secret Commit­te [...]s of the Lords and Commons.

L. C. J.

How can he imagine that this should be put upon him? therefore you may well b [...]l [...]eve that [...]e hath never a VVitness present. It may be he hath none can prove he e­ver was at VV [...]stmi [...]ster H [...]ll in his life, for who could imagine such a Question should be put to him?

Marshall,

Having been there several times, I suppose he did not use to go alone; 'tis imp [...]ssib [...]e, b [...]t if they had been with him often there, he might prove i [...]; if he say true, su [...]e some sh [...]uld attest [...] [...].

L. C. J.

'Tis likely [...] should be so, b [...]t [...]e hath them not h [...]re.

Mr. J. [...],

why, do you think he can bring VVitnesses for every Act that he did in his l [...]e?

Marshall,

I he have them not here▪ [...]et him h [...]ve time to produce them.

Lord Ch. Just.
[Page 43]

He hath a Witness in Kent, would you have us keep up the Jury till he sends for his witness out of Ken [...]?

Mr. Bedloe,

There is my Landlord, at whose house I lay so long, can testifie it.

Marshall,

Who is that?

Mr. Bedloe,

mr. C [...]tt a Beltmaker in the New Exchange▪ He hath gone often with me when I have gone into the Convent, and he hath gone round about, and his maid that used to carry the [...]ortmantle, wherein I brought over the Letters from beyond Sea.

L▪ C. J.

Can you name any one body that ever see you in the Savoy?

Mr. Bedloe,

I do name one, and besides; my Lord, I lay in the Savoy half a year at one Woodroffs.

Marshall.

Was that the place you saw me in?

Mr. Bedloe,

No, no body came there but Monks and messengers.

Marshall,

Was you there at the time when the Savoy was searched?

Mr. Bedloe,

No, but I gave Sir W. Waller directions to search in the most material places of it.

Mr. Recorder,

He says a material thing, if he be in the right, that he did give directi­ons to [...] Sir W. Waller to search in the most material places of the Savoy. We will ask that Question of Sir William whether he did or no?

Sir W. Waller,

Both Mr. Oates and Mr. Bedloe did give me directions to search in the Savoy; they told me of such a particular Room where Pickering lay, and where such a Closet was, & many other things; and it was by their directions that I made the search.

L. C. J.

Look you what Sir W. Waller says; He says that both Mr. Oates and Mr. Bedloe did describe several Rooms to him in the Savoy, which it was impossible for them to make such a description, if they had not been there before.

Marshall,

I desire to know when that discription was given?

Sir W. Waller,

Two or three days before I took Mr. Marshall.

Marshall,

Mr. Oates made searches there before.

L. C. J.

But we speak of Bedloe now.

Marshall

But Mr. Bedloe might have knowledge from him and others that were there.

L▪ C. J.

Do you think he must needs go officiously to inform Bedloe of what he found upon an imagination that such a Question should fall out hereon? And if he received no information, how then could he descr [...]b [...] the Rooms without he knew them?

Marshall,

May there not be several Houses that I may give a discription of, upon the hearsay of others, though I were never in them my self?

Lord Ch. Just.

No, I know not very w [...]ll how; and there is no reason you should imagine he received information from Oates.

Marshall,

my Lord, there is reason enough, because both do c [...]mb [...]ne in the same accusation.

Mr. Bedloe,

My Lord, I gave Sir W. Waller directions to search in such a place, under such a Bench in Pickerings Apa [...]tment, where he found the Gun that was to kill the King.

L. C. J.

Well, call your witnesses, Sir George.

Sir G. Wakeman,

Call Mr. Chapman.

L. C. J.

But before they begin, Sir Robe [...] Sawyer, we must do all the right to eve­ry one we can; I do not find by the strictest observation that I have made, that Mr. Bedloe, who is the second witness, does say any great thing, any material thing against any one of them; but as for Rumley, he says nothing at all. He says in effect, against Sir George Wakeman, no more than this, That he saw Harcourt give him a Note for [Page 44] 2000l. which he said was from the Queen; upon which Sir George said he was more beholden to his good Lady and Mistress, than to any of them all. The Note he does not know who drew it, nor upon whom it was drawn; nor does he say what it was for, more than Harcourt told him, which was in doubtful words, That it was about the old business; but Harcourt did not tell him this in the presence of Sir George Wakeman, but he spoke to Harcourt about it. It is no more, than Sir George Wakeman received from Harcourt the Bill of Exchange, he does not know upon whom, nor for what.

Sir R [...]b. S [...]wyer,

My Lord, he says more, with submission; for he says this further, That there was a discourse about the business; and he did tell you, That Sir George Wakeman should complain that they had not done well with him, and asked why he was drill'd on; but when the Note [...] was produced, he said, My matters are already prepared, but you are not so ready to perform your promises. Then said Harcourt, If you are ready for us, we are ready for you; and told him, If he did not do it, they would do it at New-market.

L. C. J.

What is all this? Pray Mr. Bedloe stand up again, We are now in the case of mens lives, and pray have a care that you say no more than what is true upon any man whatever. I would be loth to keep out Popery by that way they would bring it in, that is by Blood or Violence. I would have all things go very fair. Pray what, upon y [...]ur Oath, was the first part of Sir George Wakemans discourse with Harcourt when they met?

L. C. J.

North, Relate again your whole knowledge concerning Sir George Wake­man, and the Bill of Exchange, and the discourse after it, because we are now upon the considera [...]ion of it, what effect it will have upon him.

Mr. Bedloe,

My Lord, I was with Harcourt in the Chamber, and Sir George Wake­man came in, and walked a turn or two about the Room, and seemed to be discon­tented. How do you, Sir George, said Harcourt? Says Sir George, For what am I drill'd on thus in a concern of this importance? What is the matter with you, Sir George, said Harcourt? Why, is this a business to be slighted, said Sir George, as I am? for I have no performance of your promises. Why, said Harcourt, what would you have? We are ready for you. Then said he, I am ready for you. And then Harcourt spoke merrily to him, Why are you so angry, Sir George? And upon that he goes to his Ca­binet and searching among his Bags, he found a little Note among them, and gave it to Sir George; saith he, There is a Bill for you: I have been to day at W [...]itehall, and re­ceived it by the Queens Order, from such a Gentleman [whose name I cannot now remember]; and 'tis upon such a man for 2000l. [But I cannot remember the Gold­smiths name neither] Well, said Sir George, 'tis well some body gives me encourage­ment; I have more encouragement from my good Lady and Mistress, than from any of you. Nay, said Harcourt, for encouragement, that you shall not want; for the rest shall be paid in due time.

Sir George Wakeman,

If the Queen had given me 2000l. for the service I had done her, was that any ha [...]m? I have deserved it, I am sure, for nine years service.

Sir Rob. Sawyer▪

What other discourse had they then?

Mr. Bedloe,

Said Harcourt, But Sir George, this must be well followed, and closely observed, because so much depends upon it; For if we should miss to kill him at Wind­sor, or you miss in your way, we will do it at New-market.

L. C. J.

Who said so?

Mr. Bedloe,

Harcourt,

L. C. J.
[Page 45]

Did Harcourt say before Sir Georges face, If we miss killing him at Windsor, and you miss your way, we will do it at New-market.

Mr. Bedloe,

Yes, he did say, If we miss killing him at Windsor, and you miss in your way (which we hope you will not) we will do it at New-market.

L. C. J.

He says now quite another thing than he said before▪

L. C. J. North, Mr. Recorder, Sir R. Sawyer,

No, He said the same before.

L. C. J.

What Answer made Sir George Wakeman?

Mr. Bedloe,

Sir George Wakeman said, If I find you ready, I will be ready in all things.

L. C. J.

Was the word spoke of POYSONING?

Mr. Bedloe,

I have spoken that already. If we miss at Windsor, and you miss in your way; I do not remember whether the word Poyson was used; but I knew by what Mr. Harcourt▪ and others had told me, that Poyson was meant by it.

L. C. J.

Was all this one intire discourse?

Mr. Bedloe,

Yes, my Lord. Then Sir George said privately to his fellow-prisoners, There is my Business done.

Sir Rob. Sawyer,

Here is a positive proof of the Receipt of money, which coupled with what Oats says, and the discourse that Mr. Bedloe tells you of, makes it out what it was for. This was paid in part, was it not, Sir?

Mr. Bedloe,

The Answer that Mr. Harcourt gave to Sir George, was, that he should have the rest in due time.

L. C. J.

But what say you to Marshall, but that he carried Letters?

Sir George Wakeman,

Was there no body present but you?

Mr. Bedloe,

There was only Harcourt, you and I.

L. C. J.

But what say you to Corker?

Mr. Bedloe,

Corker hath been in the Company with Le Faire, talking of News, what encouragement they had by letters from beyond sea, as those they had from France; such and such letters speak that they are in readiness of money, men and arms; and if we are ready here, they are ready for us. This was usually the discourse and all up­on the same design. Now when we talked of this business, we did not say the word PLOT, but we all know what was intended by it, that is the Plot.

L. C. J.

And what said Corker?

Mr. Bedloe,

He said it was well, He did know what readiness such and such per­sons were in when the Design was likely to take effect. I know not their Names; we were talking of several persons several times, some in England, and some be­youd sea.

L. C. J.

What can you say to Marshal?

Mr. Bedloe,

I do say, that he hath been to consult of the return of letters which were the Answers to those I brought from beyond sea.

L. C. J.

Did he know the Contents of those Letters?

Mr. Bedloe,

Yes, my Lord, he hath been in Consultation what Answer to make a­gain.

L. C. J.

And was all this about the Plot?

Mr. Bedloe,

Yes, for the subverting the Protestant Religion, and bringing in Pope­ry, and raising of an Army.

Marshall,
[Page 46]

Can you prove I knew any of those Gentlemen the Letters were carri­ed to

Mr. Bedloe,

I name one, that was to Sir Francis Radcliff.

Marsh▪

How does he know that I know Sir Francis Radcliff?

L. C. J.

Well Sir George, will you call your Witnesses?

Sir George Wakeman,

Call, Mr. Chapman, (which was done.) My Lord there was a Letter or Note of Directions from me to mr. Ashby, and 'tis affirmed by master Oates, that in that letter I should let master Ashby know I did approve well of the Proposals that were made to me to poyson the King, and that the Queen would assist me in it, and that in the same letter there were directions given what he should take, and how many strokes of the Pump he should make use of, and several other things fit for a Physician to direct his Patient in. Now, my Lord, I will prove by▪ this Gentleman master Chapman [...], who is Mayor of Bath, that he received this very Note from master Ashby, that he read it from the beginning to the end of it; that there was no word in it, or mention of the King or Queen in the whole let­ter, unless it be of the King or Queens Bath. And, my Lord, I think he hath a piece of this letter still, that part that was the Physical part he tore off, and kept himself: Now 'tis none of my hand, I never writ a letter to Ashby upon any occasion whatsoe­ver; and I will tell your Lordship how it came to pass, I did not write that letter, I hope by a Providence, for I never but used to write my Physical Directions with my own hand. It happened that I came home late, and I was very ill; Ashby sent to me for his Note, because he was to go out of Town the next morning; being weary and indisposed, I laid me down on the Couch, and sent for my man, who is an Apothe­cary now, and is the better able to write such a letter; I dictated the letter to him, all my Family, and all that were by, can testifie the same; he knows very well my hand and hath part of it to produce; for when the Queen was there, I made use of him for my Apothecary, and those Physical directions I sent down for the Bath, I sent always to him. He is a very good witness as to my hand.

L. C. J.

But you may speak of one Letter, and mr. Oates of another.

Sir G. Wakeman.

Why▪ did I write two letters of directions? what need that? he says he saw a letter with my name subscribed to it.

L. C. J.

Yes, it was so, and that you should be assisted by the Queen to poyson the King; and being asked how he did know that was your hand? he said, I did not see him write, but I saw him in the posture of writing; and when he went away, there was left on the Table, and the Ink as not dry, a Physical Bill, which was the same hand with that the letter was.

Sir George Wakeman.

Ay, my Lord, but he does not call that a letter but it was a Physical Bill, and not a letter; so that there was but one letter.

L. C. J.

But there was a note of Physical directions in the letter.

Dr. Oat [...]s,

That letter was at least half a sheet of a side, close written, wherein, were those passages that I mentioned; but I cannot give an account of all contained in it, but this my Lord I remember, that he should take a pint of Milk in the morning, and a pint of milk in the evening, and should have so many strokes at the Bath; but this was several days before Ashby went to the Bath, I believe at least ten, Presently after, he came to Town. And I say, that this letter that the Court asks me how I prove i [...] to be his hand, I prove it thus: I saw him write a Bill to an Apothecary for mr. Ashby to take something when he was in Town.

L. C. J.
[Page 47]

But was that business of being assisted to kill the King in the same letter tha the Physical Directions were in?

Dr. Oates,

Yes, my Lord.

Sir G. Wakeman,

Then 'tis the same letter▪

L. C. J.

How does that follow? might there not be two?

Sir G. Wakeman.

There is only that part of it which is the Physical prescriptions, he hath torn off the other part.

Then Mr. Chapman was Examined.
Mr. Chapman,

my Lord, the 17th. of July last mr. Thimbleby' came to the Bath.

Lord Ch. Just,

Who?

Mr. Chapman,

mr. Thimbleby; a man of a about forscore years of age, a very feeble and infi [...]m man, Assoon as he came to me, he told me that Sir G. Wakeman recommended me to him, and desired me that I would provide a Lodging for him as near the King and Queens Bath as I could: I did so; and then he shewed me a letter from Sir George, whereof this was the lower part of half a sheet of Paper; there was full directions how to take the Physick, and after the taking the Bolus to drink the waters so many day▪ and then to use the Bath, and after that the pump, and after that he was to take a Dose of Pills after his Bathing. I took off this Latin Bill that concerns me my Lord and gave him the English part

L. C. J.

Did you read the English part?

Mr. Chapman,

my Lord, my Son did read it as well as I, who should have come up and testified the same, but that it is impossible for both my Son and me to leave the Shop and come together, because of my Employment.

L. C. J.

But in that letter there was nothing mentioned of killing the King was there? nor of the Queen?

Mr. Chapman,

No, my Lord, not upon the word of a Christian, except it were the King and Queen's Bath.

Then the paper was shewn him.
L. C. J.

Whose hand is that? Do you believe it is Sir George's hand?

Mr. Chapman,

No, my Lord: I have brought some of Sir G. Wakeman, Bills here.

Lord Ch. Just,

Do you know whose hand it is?

Mr. Chapman,

No my Lord,

Mr. Just. Aikyns,

What Name was subscribed to that letter.

Mr. Chapman,

There is none subscribed to this paper.

Lord Ch. Just,

Was there no name to it?

Mr. Chapman,

I did not take notice of that.

Lord Ch. Just,

But look you, this cannot be that letter, because that letter mr Oates speaks of was of Sir George's own hand, as he thinks by comparison, and his name subscribed to it.

Sir G. Wakeman.

I never writ any other letter, but what was dictated to my man, [...]nd sent by Ashby to the Bath. My Lord, he hath owned it himself before the House of Lords that I writ but one letter; and I had my libertty before. Now it was told him there, that if he had mentioned that letter when I was examined before the Council, I had been certainly taken into Custody then, and shou'd never have had my liberty so long. I had my liberty from the last of September, and could have gone to Const [...] [...]le [...] in the time I had my liberty, and certainly I should have provided for my self if I [...] known my se [...]f guilty, seeing so many cast into prison upon that account.

Mr. Recorder,

'Tis not probable that Mr. Ashby would communicate such a lette [...] to this Gentleman that had such a design in it.

Sir G. Wakeman.
[Page 48]

But if any one can let him prove that I had any other business with him, than meerly the business of a Physician with his Patient. My Lord, I have a phy­sician in Town that will testifie that I was to meet him in consultations about Ashby.

L. C. J.

The answer is no more than this, that you did write letter, or there was a letter writ by your directions, to Ashby, which hath not any such matter in it as Oates speaks of, but this answers not mr. Oates's testimony; 'tis true, the Question will be up­on mr. Oates's credit, how far the Jury will believe him: If mr. Oates swear true, then you did write another Letter▪ and this is not the Letter, and there is no contradiction in your answer to what he says, but mr. Oates stands with the Jury how far they will be­lieve him.

Sir G. VVakeman.

Gentlemen of the Jury, take notice I never writ any letter but that▪

Lord Ch. Just.

How dos that appear? If mr. Oates swears true, you did write another Letter.

Mr. Just. Aikins,

mr. Chapman, was there any mention of milk in that letter.

Mr. Chapman.

No my Lord, it is ridiculous to drink milk with the Waters, it will make it curdle.

Dr Oates,

That is not the hand the letter I saw was in.

Lord Ch. Just.

He says 'tis not the same hand.

Dr. Oates,

It was another, a gentile hand.

Mr. Just.

Pemberton, And there was no mention made of milk in it, the Contents are not the same.

Sir George Wakeman,

The Contents were the same: but as for the milk it is so ri­diculous a thing, that never a Physician in England, but will say 'tis perfect poyson. I appeal to mr. Chapman, who hath so long known the way there used, if any one pre­scribed milk to any one that took the Waters.

L. C. J.

Mr. Oats, was there in the letter you saw, where mention is made of the strokes that were to be received from the Pump, any mention of the milk to be ta­ken?

Dr. Oats,

The direction of the milk was for the time he staid in Town.

Mr. Just. Aikins.

The milk was to be used while he stayed here, was it?

Dr. Oates,

Yes, my Lord.

L. C. J.

Look you, there were two things that he should do, the one of them was to be done while he was here, that was the milk; the other was to be done when at the Bath, and that was the strokes.

Sir George VVakeman.

No, 'tis no such thing; for he went away two days after that letter was written.

Mr. Just. Pemberton,

Mr. Chapman, i [...] this part of the body of the letter?

Mr. Chapman,

Yes, my Lord, upon the word of a Christian; I tore it off my self.

Mr. Just, Ellys,

If Dr. Oates swears true, it cannot be the same letter.

L. C. J.

Your answer to it, which should make it improbable, is, That it is ridicu­lous to prescribe milk, Now he says those were Directions what he was to do before he went to the Bath.

Sir G. Wakeman.

Why should I repeat the number of the strokes twice, and write two letters about one thing?

Mr. Just. Pemberton,

Is there any date upon the Letter?

Mr. Chapman,

No.

Mr. Just. Pemberton.

Off of what part of the Letter did you tear it?

Mr. Chapman,
[Page 49]

Off the bottom of it.

Lord. Ch. Just. North,

What, it was writ cross was it?

Mr. Chapman,

Yes, I believe so.

Mr. Just.

Atkyns, The truth of it is, this is no Evidence, and ought not to be offerd as such, for 'tis but part of a thing which we do not know what it was in the whole.

Mr. Chapman,

I can give it upon my Oath, that there was nothing in it of the King or Queen, except the King or Queens Bath.

L. C. J.

Mr. Oates, if I remember right, you say the directions that you saw were at the beginning of the letter.

Dr. Oates,

He was very weak when he came to Town, and his directions to him then were, That he should take a pint of milk in the morning, and that when he went to the Bath he should have a hundred strokes, or thereabouts.

L. C. J.

Was this in the beginning of the letter?

Dr. Oates,

It was after a line or two that was Complements.

Lord Ch. Just.

Was there any receipt for Physick in Latin in it?

Dr. Oates,

No, my Lord, there was not; no, my Lord, it was half a sheet of paper; it was full of it self to the bottom; this is not the Letter,, my Lord.

Mr. Just. Pemberton,

He says this is neither the hand, nor the name subscribed, nor the Contents of the letter, all these differ.

Sir George Wakeman,

I'll tell you the reason why my name was not subscribed, I was sick, my man is h [...]re to witness that he carryed it himself, and delivered it to Ashby.

Mr. Just. Pemberton.

But, Sir George, you do not observe that to the letter which he saw your name was subscribed.

Sir George Wakeman,

This then is that I desire may be taken notice of, 'tis not pro­bable that I should write two letters for the same thing, and I never writ any other letter in my life.

L. C. J.

This is that you say, and let it be taken notice of, that it is not probable that you should write two letters for the same directions how he might use the Bath.

Mr. Just. Pemberton,

This might be writ to serve a turn very well.

Sir George Wakeman,

Then I'll tell you the reason why my name is not to it, and so satisfie you about it as much as I can; I was very ill after I had dictated that letter to him, and went immediately to Bed. It was not writ very fair, or something was left out which he interlined, and so he transcribed it again in his own chamber, and I was then asleep, and so did not put my name to it, and he went away two hours in the morning before I awoke.

Mr. Just. Atkyns,

Who wrote the letter? VVas the letter you tore off in the man's name, or in Sir George's name?

Mr. Chapman,

I know not who wrote it.

Mr. Just. Atkyns,

Was it said to be, by my master's directions? what were the contents of the letter?

Mr. Chap.

It was only thus, As for [...] as you com [...] to the Bath, after resi [...]ng a day, in the first place take your B [...]us, and after drink the waters, which he did for [...]ix d [...]ys together.

Dr. Oates,

my Lord, I would answer to this: This was not the letter, for therein he only told him what he should do before he went to the Bath, and how many stroks [Page 50] he should receive: Besides, my Lord, there was not one Syllable of the Bolus, in the letter, or what Bath he was to go into; but when he came there he was to receive so many strokes of the Pump.

Sir G Wakeman,

Nor one Syllable of the milk in it neither.

Dr. Oates▪

Yes there was▪ he did take milk night and morning, for I attended up­on him.

Sir G. VVakeman,

my Lord you see this witness is a Protestant,

Mr. Just. Pemberton.

mr. Oates, you say that the letter that you saw was written ten days before he went to the Bath?

Dr. Oates,

Yes, if not more:

Sir G. VVakeman,

Why should I tell him of an hundred strokes so long before he went to the Bath.

L. C. J.

You might mention it to give him satisfaction. well, have you any more?

Sir George VVakeman.

Yes, my Lord. Call Hunt. who stood up.

Lord Ch. Just.

What do you call him to, Sir George?

Sir George Wakeman,

This is my man. What do you know concerning a letter of directions that was sent to mr. Ashby, Give an Account of it.

Hunt,

If it please your Honour, my master was out late: and comeing home, I told him mr. Ashby had sent for some Directions for the Bath; and being weary and indis­posed, (for it was late, and he was not well) said he, I cannot write my self, do you take my Pen and Ink and write. I did take the pen and Ink and write; and when [...] had written something was false in it, Pray said he, correct that: I did so, and interlined it, and when my master was in bed I writ it over again, and the next morning, before he was a­wake, I carryed it to mr. Ashby my self, and there were only directions in it what to do at the Bath.

L. C. J.

When was mr. Ashby to goe to the Bath? How soon after?

Hunt,

He was to go the next morning.

L. C. J.

If what mr. Oates swears be true, this letter that he saw was ten days be­fore, so what he speaks is quite another thing.

Sir G VVakeman,

I never writ any such letter in my life, and I hope the Jury will take notice of it.

Mr. Just Atkyns,

Do you know any thing of mr. Ashby's drinking milk while he was here?

Hunt.

No, but he was saying he was advised by a Friend of his to drink milk.

L. C. J.

When at the Bath?

Hunt,

No. When he was in Town.

L. C. J.

When he was in Town: that it consistent with mr. Oates's Testimony.

Sir George Wakeman.

My Lord, there is a Physician that was in consultation with me about mr. Ashby, I think it of great consequence to shew that I came to him about no Treasonable Affair, I vow to Almighty God I did not.

L. C. J.

If you have any more witnesses, call them.

Sir George VVakeman,

Call Elizabeth Henningham. Who stood up:

L. C. J.

Sir George, What do you ask her?

Henningham.

I was present, my Lord, at the writing of the letter. His servant writ, and he dictated to him, every word of the letter I saw, but there was no such thing in it.

L. C. J.

I am very confident that this is true that you say, but it is not to the thing [Page 51] that mr. Oates speaks of, and charges you withall: that you did write such a letter as these people mention, and there was nothing in it, but like a physician's directions to his Patient, I do believe, and this was just when he was going to the Bath, but Mr. Oates tells you (if he says true) that this letter he speakes of, to which Sir George Wake­man was subscribed, was ten days before he went to the Bath; and that there was no mention of any Bolus in that, but the direction was in the first part how he was to use himself while he staied in Town to drink milk, and when he came to the Bath to use the pump, so that this your Witnesses say, and you urge, is true, but not pertinent.

Sir George VVakeman,

I say, my Lord, it is not probable that I shou'd write directions so long before he went.

Henningham,

My Lord, he said himself he wanted directions to go to the Bath in my own hearing.

Mr. Just. Pemberton,

Yes▪ he might, and indeed he did so, for the first contained none, but how he should behave himself while he was here,

L. C. J.

Have you any more Witnesses, pray call them.

Sir G. Wakeman.

My Lord, I have thi [...] to say, as I told you before, that I had my li­berty for twenty four days after my examination before the Council. mr. Oates call'd at the Bar of the House of Commons, & there gave an account of this very letter that he mentions now, I say it was at the Bar of the House of Commns. And thereupon the Com­mons sent an Address to the House of Lords, with astonishment that I was not under Confinement; and thereupon mr. Oates was called to the Bar of the House of Lords, & was commanded to give an account what it was he knew concerning me, that should create such an astonishment in the House of Commons: He told them of this letter, and my Lord Chancellour said to him, Do you know it was Sir George Wakeman's hand? No said he: How do you know it was his letter then? I know it only by this, said he, it was subscri­bed George Wakeman. If he had such proof as he says he had now if he had seen me writing, & came into the Room where the Paper I writ was yet wet whether he would not have mentioned it there when he was Examined about the knowledge of my hand.

L. C. J.

Call your witnesses: but what say you mr. Oates, your self to it?

Dr. Oates,

My Lord Sir G. Wakeman had his liberty because I was so weak, by rea­son of being up two nights together, one whereof was so very wet and being hot, wet and cold all in a few hours time, so that I thought it would have cost me my selfe; not being used to such hard services; I did not char [...]e Sir George so fully: though it may be objected to this Court, that I was bound to speak the whole truth; and so I did, as opportunity and health would give me leave. And as to the Letter, and what I said a­bout it in the Lords House, Sir George is mistaken. He says here that I said I knew his no otherwise, but by seeing Sir George Wakeman subscribed to it.

Sir George Wakeman,

I will prove it by the [...]ecord.

Dr. Oates.

Now, my Lord, I humbly desire that he may propose his Questions to the Court: And I desire to know whether I did say, I did not know it any other ways but by its being signified G Wakeman.

Sir G. Wakeman,

Pray my Lord, be pleased to give me leave—

Lord Ch. Just.

Mr. Oates, did you mention in the House of Lords whether you knew his hand or on?

Dr. Oates,

My Lord, I cannot call to mind what I then said I did say, I saw such a letter signed George Wakeman, but if he will bring the Record, and one that shall [Page 52] swear those were the words, I will leave it to the Jury. But this, my Lord, I would add, if you will give me leave, the words I did say, as near as I can remember, were these; when they asked me how I knew Sir George Wakemans hand; I said, I saw such a Letter signed George Wakeman. Now, my Lord, upon this Information they did think fit to take Sir George Wakeman up, and secure him; and now I come face to face; and am not only to satisfie Judges, but a Jury; I shew you what Reasons I have to believe it, and what they may have, that it was his hand: For I say I saw him in a writing posture, I saw him lay by the Pen, I saw him withdraw from the Paper, I saw none but another Gentleman there that was [...]ame of both his hands, and the Ink was not dry, and it was the same hand with the Letter.

Sir G. Wakeman,

Was my Name to that Note?

Dr. Oates,

No, I will not swear that; but the Character of the hand was the same, if I may judge of writing:

Lord Chief Justice North,

Look you, Sir George, you spoke of Witnesses you would call to prove what he swore in the House of Lords; if you can call any Witnesses for that, do.

Sir. G. Wakeman,

Call Sir Philip Lloyd: I hope your Lordship will please to allow me at least this advantage (I know not whether it be an advantage) that the Record of the House of Lords may be made use of as a Record here. If I prove it by the Re­cord it will be a good Evidence.

L. C. J.

Have you that Record here?

Sir Geo. Wakeman,

I have a Copy of that Record, and a Witness that will swear it.

Then Sir Philip Lloyd appeared, and stood up.

L. C. J.

What do you ask Sir Philip Lloyd?

Sir George Wakeman,

I desire to know of Sir Philip Lloyd, what Mr. Oates said of me before his Majesty and the Council the last day of September; Sir, you were there present, and sent by the King to me, and commanded to bring me in to the Council.

Sir Philip Lloyd,

I will, my Lord, as well as I can, recollect and tell you as near as I can what Mr. Oates did then accuse him of. It was upon the one and thirtieth day of September, Mr. Oates did then say he had seen a Letter, to the best of his remembrance, from Mr. White to Mr. Fenwick at Saint Omers▪ in which Letter he writ word, that Sir George Wakeman had undertaken the poysoning of the King, and was to have 15000 l. for it; of which 5000 l. had been paid him by the hands of Coleman. Sir George Wakeman upon this was called in, and told of this Accusation, he utterly de­nyed all, and did indeed carry himself as if he were not concerned at the Accusation, but did tell the King and Councel he hoped he should have reparation and satisfaction for the injury done to his Honour. His Carriage was not well liked of by the King and Council, and being and matter of such consequence as this was, they were willing to know further of it; and because they thought this Evidence not proof enough to give them occasion to commit him, being only out of Letter of the third person, there­upon they called in Mr. Oates again, and my Lord Chancellor desired Mr. Oates to tell him if he knew nothing personally of Sir George Wakeman, because they were in a matter of m [...]meut; and desired sufficient proof whereupon to ground a Commit­ment; Mr. Oates, when he did come in again, and was asked the question, did lift up his hands (for I must tell the truth let it be what it will) and said, No, God forbid [Page 53] that I should say any thing against Sir George Wakeman, for I know nothing more a­gainst him. And I refer my self to the whole Council whether it was not so.

Dr. Oates,

I remember not one word of all this.

Sir George Wakeman,

My Lord, this is a Protestant Witness too.

Dr. Oates,

My Lord, give me leave to make an Answer: when I did report this let­ter, the Council did ask me whether or no Sir George was any ways concerned in this Letter, I replied, I had it by Report, that Sir George had received 5000 l. of this mo­ney. My Lord, the Council did not press me to my knowledge; I will not be posi­tive, but if the Council did pre [...]s me, and I did make that Answer, I do appeal to the whole Board whether or no I was in a condition to make any Answer at all, when by reason of my being hurried up and down, and sitting up, I was scarce Compos mentis.

L. C. J.

What, must we he amused with I know not what for being up but two Nights? you were not able to give an Answer; that when they call and send for Mr. Oats again to give a positive Charge, and then you tell us a story so remote; what was Mr. Oates just so spent, that he could not say I have seen a Letter under Sir George Wakemans own hand.

Dr. Oats,

My Lord, I did to the best of my remembrance make mention of that let­ter, that Sir G. Wakaman writ, before the Board. I say to the best of my skill and know­ledge, but I will not be positive in it.

L. C. J.

You have heard what Sir Philip Lloyd says.

Mr. Justice Dolhen,

What say you, did Mr. Oates make my mention of this Let­ter?

Sir Philip Lloyd,

Truly, my Lord, I can't remember that there was any such Letter mentioned. I tell you what I do remember; and afterwards because he came and gave this Deposition before the Lords and Commons, that he found such a Letter upon the Table from Sir George to Ashby, indeed I did very much wonder at it, and it made me reflect upon that other passage at the Council, of his denying to accuse Sir George further, and it hath been in my mind ever since.

L. C. J.

And you do declare, that when the Lords of the Council asked him whe­ther he knew any thing more particularly against Sir George Wakeman, he did lift up his hands and said, No, God forbid I should charge him any further, I know no more against him.

Sir Philip Lloyd,

Yes, my Lord, so it was.

Dr. Oates,

My Lord, I believe Sir Philip Lloyd is mistaken, but however I was so weak; and the King and Council were so sensible of it, that the King himself hád like to have sent me away once or twice before, because he found I was so weak.

L. C. J.

It did not require such a deal of strength, to say, I saw a Letter under Sir Georges own hand.

L. C. J. North,

Well, it must be left to the Jury: if you have any more Witnesses call them.

L. C. J. Just.

Mr. Oates, Sir George Wakeman urged it right, that he should not have been permitted to have his liberty so long, if you had charged him home thea.

Sir G. Wakeman,

Call Mr. Lydeott.

Dr. Oats,

To speak the truth, they were such a Council as would commit no body.

Mr. Recorder,

That was not well said.

Sir George Wakeman,

He reflects on the King and all the Council.

L. C. J.
[Page 54]

You have taken a great confidence, I know not by what Authority, to say any thing of any body. But this is naturally true, That when the Council were offended at the carriage of Sir G. Wakeman at the Board, and therefore sent for Mr. Oates a­gain, doubting in themselves whether what they had would be sufficient to commit him; for indeed it was not only a wild thing, of what was mentioned in a Letter of a third person's, that Sir George had accepted of Fifteen thousand pounds, and received the five; therefore said they, we will know of Mr. Oates some more particulars, and sent for him in again, and asked him, Do you know any thing of your own knowledge? if he had come in then and said, Yes, I have seen a Letter subscribed under Sir George Wakeman's hand, would not they have committed him? surely they would. And now the Council's not committing him, is an Argument, that they had not sufficient Evidence, and Oates did omit at that time to charge him with this Letter.

Then Mr. Lydcott stood up.
Sir G. Wakeman.

Mr. Lydcott, have you a Copy of the Lords Records?

Mr. Lydcott.

Yes, it is.

Sir G. Wakeman,

Pray what did Mr. Oates say to my Lord Chancelor in the House of Lords?

L. C. J.

You must have that which is proper Evidence. You shall have all the fair dealing that can be, and all that can be admitted for your defence shall be.

Sir G. Wakeman,

My Lord, I humbly thank you, I find it.

L. C. J.

Ay, but this is now what the Clerk writes down as minutes. 'Tis an hard construction to make this Evidence. Were you present when mr, Oates was there and said this?

Lydcott.

No my Lord, all I say is this, this is a Copy of the Record in the Lord's house▪

L. C. J.

Did mr. Oates set his hand to that Record?

Lydcott,

Yes, in some places, 'Tis Titus Oates set in diverse places as his hand to Ex­aminations.

L. C. J.

But is mr. Oates own hand set to the Record?

Lydcott,

I know nothing of that?

L. C. J.

This is the Objection, it will be hard, that if a Clerk takes the Depositi­ons of Oates, or any one else, and takes them as near as he can, but he never subscribes it; and you prove only 'tis a Copy of what the Clerk wrote, That cannot be allowed as Evidence.

Lydcott,

'Tis a Copy in most places of what is under mr. Relfs own hand.

L. C. J.

But you can't Swear the Clerk writ true?

Lydcott,

No, that I can't.

L. C. J.

It may be an entry of what the House of Lords did upon the Examination;

That is not Evidence here.

Mr. J. Pemberton,

If you can produce any one that heard mr. Oates give in his Infor­mation, you say well.

Sir. G. Wakeman,

I believe there is a difference between the entry Book, and the Book of Records; and I hope you will look upon the Book of the House of Lords as the highest Evidence, beyond any verbal averment, my Life is in your Hands, I ask you whether it be not so, or no?

L. C. J. North,

If there be a Record in any Court of Record, that such a man ap­peared in Court, 'tis an Evidence that he was in Court, and a Record for it; but when [Page 55] there is an Examination in a Court of Record, these not passing the Examination of that Court, but being taken by the Clerks, we always in Evidence expect there should be some body to prove, that such an Examination was sworn, and subscribed to.

Lord Ch. J.

Have you any witnesses here, that were by, and heard what mr. Oates did then Depose, and can testifie what mr. Oates said when he was called in, and parti­cularly what answer he made to that single Question of my Lord Chancellors, how he came to know it was your hand?

Sir G. Wakeman,

I can bring none but these Records, or the Lords themselves, and I can't expect it from them. And that which they call a Record, I am not able to judge whether it be a Record or no.

L. C. J.

Were there not others called with him into the Lords house?

Sir. G. Wakeman,

No, there were none but the Lords themselves.

L. C. J.

You should have had the Clerks here: that made the entry, or saw him set his hand to the Examination.

L. C. J. North,

This is nothing, but as he sayes, a Transcript out of the Journal.

Lydcott,

I believe it is written m [...]t under Mr. Relfs own hand. There is a great deal of it that contains the whole N [...]tive that Oates gave in.

L. C. J. North,

You desire to give in Evidence what Mr. Oates said at the Bar of the House of Lords to what my Lord Chancellor asked him, if you have any witnesses that can prove it, they shall be heard.

Sir G. Wakeman,

my Lord, I have no Witnesses only the Record.

L. C. J.

That is only a Copy of a Narrative.

Sir G. Wakeman.

If you will not allow it to be a Record, I can't help it.

Mr. Recorder,

This is no part of the Record of the House of Lords, It can't be allow'd▪

L. C. J.

Well, have you any other witnesses to any thing else?

Sir G. Wakeman,

I desire you would Examine Sir Philip Lloyd once more.

(Who was called, but answer not.)
Mr. Recorder,

He is gone out of the Court.

L. C. J.

Well, what say the rest? mr. Corker, have you any Witnesses in the first place?

Corker, No, my Lord.

L. C. J.

Mr. Marshal, have you any Witnesses, Answer that first; before you enter up­on your Defence, you shall be heard afterwards.

Then Sir Philip Lloyd came into Court again.
Mr. Recorder,

Sir George, here is Sir Philip Lloyd, here now; what would you ask him?

Sir G. Wakeman,

Sir Philip Lloyd, I desire to know concerning the last Examination of mr. Oates, and mr. Bedloe before the Council; (you were there present as I am informed) pray will you tell what you know.

Sir Philip Lloyd,

To what point Sir?

Sir G. Wakeman,

To their whole Evidence.

Sir Philip Lloyd,

I suppose what they have given in lately, they have acquainted the Bench with already. It was some day this very month, but I would know what it is Sir George would have me to speak to?

L. C. J.

What was there relating to Sir George Wakeman?

L. C. J. North,

But pray consider, whether it be a Question fit to be Asked of the Clerk of the Council, what was done in Council without leave of the Board. I don't think he is bound to Answer the Question.

Mr. Just. Pemberton,
[Page 56]

Sir George, if you would ask him to any one particular que­stion, it were something.

Sir G. Wakeman,

I have done with him; I hope he will excuse me, I have put him to this trouble.

L. C. J.

Then Mr. Marshal, have you any Witnesses?

Marshal,

I cannot say I have any direct positive witnesses.

Lord Chief Justice,

Think not that you shall be concluded, we are not in hast, you shall have time to say what you will; but if you would use any Witnesses, call them.

Marshal,

For the present I shall have no use of any.

L. C. J.

Well, Mr. Rumley, have you any Witnesses?

Rumley, I think I have.

L. C. J.

I can't tell of any need you have of any, for there is but one Witness against you.

Corker,

But he desires that his Witnesses may be heard, 'tis but short.

Sir Rob. Sawyer,

There is no need of it Mr. Rumley, we can't insist on it against you, you must be acquitted.

Mr. Recorder,

Will he have his Witnesses called? If he will, he shall, though there is no need of it.

Rumley,

No, my Lord.

L. C. J.

Then Sir Robert Sawyer, would you say any thing more for the King, be­fore the Prisoners make their Defence?

Sir R. Sawyer,

My Lord, there is one thing which I would have answered, that is, the variance between what Mr. Oats said before the Council and what he says now, up­òn the Testimony of Sir Philip Lloyd, whò says, that he gave no Testimony of this Letter, under Sir George Wakemans hand; but being asked, whether he knew any thing of his own knowledge, he said, he had only met with a Letter from White to F [...]wick, wherein it was said, So much was proposed to, and accepted by Sir George Wakeman: And that he should then declare that he could say no more, and lifting up his hands affirm with a protestation he knew no mo [...]e. Gentlemen, We hope to give you satisfaction in this [...]atter, for it was after a long and tedious Examination; and we shall prove to you, that he was in great Confusion, being almost tired out with Examination, which is not impossible to happen to any man though of the strongest Constitution and memory, after two nights waking, and continual hurrying up and down. We shall call Sir Thomas Doleman to prove, that he was under great con­fusion, and that the King and Council were so sensible of it, that some of them would have had him gone away a great while before he did go away, Swear Sir Thomas Dole­man (which was done.)

Sir R. Sowyer,

You hear what hath been objected and said by Sir Philip Lloyd, will you tell your knowledge of this matter?

Sir Thomas Doleman,

My Lord, Mr. Oates did appear before the King and Council, I think on the Saturdays before which was Michaelmas Eve. The Council sat long that morning, the Council sat again in the afternoon, and Mr. Oates wa [...] employed that night I think to search after some Jesuits who were then taken, and that was the work of that night. The Council I think sat again on Sunday in the afternoon, Mr, Oates was then examined, the Council sat long, and at night he was sent abroad again to [Page 57] search the Lodgings of several Priests, and to find out their Papers which he did seize upon, and one of the nights in that season was a very wet night; he went either with a Messenger or with a Guard upon him. On Monday morning the Council sat again, and he was further examined, and went abroad; and Monday night Mr. Oates was in as feeble and weak a condition as ever I saw man in my life. And was very willing to have been dismissed for that time; for he seem'd to be in very great weakness, and disorder; so that I believe he was scarce able to give a good Answer.

Sir R. Sawyer,

Was that the time Sir Philip Lloyd speaks of?

Sir Tho. Doleman,

I think he was called in on Monday night.

Sir. George Wakeman,

I received the Summons on Saturday by a Letter from Sir Robert Southw [...]ll.

Sir Tho. Doleman,

You were called in on Monday night, the night before the King went to New-market.

Sir George Wakeman,

I appeared upon Sunday, and was dismissed by Sir Philip Lloyd, who came out and let me know that the King said, he would have the hearing of it himself the next day.

Sir Tho. Doleman,

Then Sir, you were called in, and you gave your Answer; and the whole Council was amazed at the manner of it: for you did not in my Opinion, or in the Opinion of several others, deny it so positively as one that was iunocent could, but used many great expressions of your own great Fidelity and Loyalty to the King, and your Family, and of the Services they had payd the Crown, and did require Satisfaction and Reparation for the injury done to your Honour.

Sir George Wakeman,

My Lord, I will give you a brief Account of it; I leave it to you, whether I behaved my self i [...]l or no; I confess, I think I might have behaved my self more submissively; there was nothing of Duty wanting in my mind, but I will give you an account of what I said Verbatim. My Lord Chancellor told me, that I was accused of the blackest of Crimes; that I had undertaken to poison the King. I asked him who was my Accuser, he pointed to Mr. Oates, and told me Mr. Oats was my Accuser. Says I, Mr. Oates, do you know me? Did you ever see me before? Mr. Oates [...]said no. Why then said I, how come you to be my Accuser. Said he, I will tell you; I was at St. Omers, where there was a Consult of the Jesuits, at which Mr. Ashby the Rector of the Colledge at St. Omers did preside; And in that Consult it was debated who was the fittèst person for that horrid undertaking of Poisoning the King, and unanimously it was agreed upon at that Consult, that you were; Sir George Wakeman by Name: and now he says it was debated here in England. Then, my Lord, said I to my Lord Chancellor, here is no proof, therefore I hope there is no need of any Defence. Said he, there is no Smoak but there is some Fire. My Lord, said I, if you understand by that, there can be no Accusation without some Guilt, I should be sorry I should not understand both sacred and prophane History, better than to think so. Then he pressed me to know what I could say for my self. Said I, My Lord, I come of a loyal Family, my Father hath suffered very much to the value of Eighteen Thousand Pounds and more for the Royal Family. My Brother raised a Troop of Horse for the King, and served him from the beginning of the War to the end. He was Major to the Marques of Worcester, at Worcester Fight, and lost his Life by the wounds he received in the Kings Service. As for my own part, said I, I tra­velled very young, and came over when Ireton was Lord Mayor, and both by my Reli­gion, [Page 58] and my Name, was suspected to be a Favourer of the Royal Party, and there­fore was imprisoned, & did not come out till I had given great Security: and the second time I was committed, was, when I entred into a Plot the only Plot I was guilty of, I conspired with Captain Lucy, and several others to attempt something for His Maje­sties Restauration, when few durst appear for him. I wa [...]ized on in my Bed; there were several Arms found in my Apothecaries Cellar, and we were both committed to Prison; and we should both have suffered Death certainly if his Majesties happy Resto­ration had not prevented it. When my Lord prest me still to say what I could say for my self, as to what was charged on me; I told him, my Lord, I am under the most foul and false Accusation that ever innocent Gentleman was, and I expect Repa­ration; and upon that they were offended, and I was bid to withdraw. And I ad­ded this beside, my Lord, that there was not a Family in England that was so much instrumental in his Majesties Restoration as that Family was; that Collonel Charles Gifford was my near Kinsman, so was Collonel Carlos; and that the Pendrels were me­nial Servants to the Family, and I hope they deserve some favour.

Lord Chief Just.

What have you to say, Sir George, in your present Defence here. Make what Observations you will now, upon the Testimony hath been given against you.

Sir George Wakeman,

My Lord, I say this, if it had been allowed me, to make use of the Records of the House of Lords, it would have made all things so evident and clear; as nothing can be more; for then, when he was called to that Bar, to give an account what he had declared to the House of Commons concerning me, he gave an account of this Letter.

Mr. Just. Pemb.

Sir George, you must not make mention any more of these things, that could not be given in Evidence.

Sir G. Wakeman,

Then my Lord, I have no more to say.

L. C. J.

What say you Mr. Corker?

C [...]rker,

My Lord, I hope the Court will not require that I should bring any par­ticular Evidence in Confutation of what is here alledged against me; for, before I came to this Bar, I did not know any particular Accusation that was against me; and therefore I could not be ready to answer it, and ma [...]e my Defence, or bring particu­lar Witnesses to evidence, and shew my innocency. Besides, my Lord, it is a known general maxim, That a positive Assertion is as easie to be made, as to prove a Nega­tive, is oft-times hard, if not impossible. Men may easily devise Crimes, and frame Accusations against innocent men in such a manner that the contrary cannot possibly be demonstrated. No mortal man can tell where he was, and what he did and said eve­ry day and hour of his whole life. Therefore I think; tis not only positive bare swear­ing, but 'tis probable swearing, that must render a man Guilty of a Crime. Otherwise my Lord, it would be lawful, and in the power of Oates and his Companions here, to hang by turns, upon bare Oath, all the innocent men in the whole Nation, though ne­ver so innocent, and that for Crimes never so ridiculous and absurd. And I say this further, he that swears against another, First, ought to be himself a credible Witness: And then secondly, strengthened by probable Circumstances; Circumstances that bring: a [...]ong with them so [...]e probable Evidence dist [...] from the Witnesses themselves: O­therwise I think, that the party accused, without any proof of his side, ought to remain in the possesion of his own innocency. Now I th [...] my Lord, there will be never [Page 59] an one of these two necessary Conditions to be found in the Evidence against me; for First, the Witnesses against me, are persons that are, or at least formerly, have been of scandalous lives.

Lord Chief Just,

You should prove it, before you say it. You shall have all things allowed you that are fit: but you must not heap up contumelies upon men un-proved, or call men Names, when you have proved nothing against them. If you can prove any thing, of Gods name do it; prove them as fully as you can.

Corker,

I do only say this, They have been reported, and owned by themselves, as men that have been of scandalous lives.

L. C. J.

If the Jury know it of their own knowledge, I leave it to them; but you have proved nothing.

Corker,

Well, my Lord, but then in the next place, neither will the positive Oaths of men formerly infamous, be any con [...]incing Arguments of our Guilt: And then next, as to the other Circumstances that should render me Guilty, Mr. Oates does not here make me Guilty alone of this grand Conspiracy; but he involves the Nobility, Gentry, and the whole body of the Catholicks in this Treason. Now my Lord, I re­fer it to the Judgment of the Court, whether so many persons as he Names, and these of such Eminent Quality, and of such considerable Estates in their Countries, persons settled under so good a KING, in so peaceable a Kingdom; so quiet in Condition; men of good and vertuous lives, and unblemished conversations, before this [...]our should hazard their Honours, their Lives, their Families, their Bodies, their Souls; their All in such a Design.

L. C. J.

What is this to your care?

Corker,

My L [...]rd if this be not probable, I hope I am free of the Plot.

Lord Chief Just▪

But what is this to your Case? Pray hear, you are now making a Sp [...]a [...]a [...]st Mr. Oates and Mr. [...] [...]hat they do accuse people of great Honour and Quality, he hath given no Acc [...] against any as yet that you are to take no­tice of▪ You ought to make use of [...]g as an Argument to the Jury, but of the Evidence, that hath been given to the J [...]ry▪ If you can make me of any thing, that Mr. Oates or Mr. Bedl [...]w hath said here to contradict them, or invalidate their Testimony, you have said we [...]. But to ta [...]k of [...]. a sto [...]y of accusing Noblemen, and such like when there is nothing of that before you; you must first prove what you wil infer from.

Corker,

My Lord This I take to be of ve [...]y great concern to my self, that since the Truth of this Evidence does de [...]end upon the certainty of the Pl [...], and this pretend­ed Conspiracy against his Sacred Majesty, i [...] the [...]e be no such Pl [...] and Conspiracy, and if by Circumstances I can render [...]t improbable, I hope the Jury will take it into consideration.

L. C. J.

Ay, Ay I am of that Opinion, if thou canst but satisfie Us and the Jury, that there is no Plot, tho shalt be q [...]tted by my consent.

Corker,

I will, my Lord, shew you the improbab [...]lity of it.

L. C. J.

Ay, Do but give us one probable Argument, (you being a learned man and a Priest why we should believe there is no Plot.

Corker,

My Lord, I would have endeavoured to have shewn you the improbability of it, but yet [...] would not urge it, because it may not be so g [...]a [...]eful to your Lordship. But to me 'tis not probable, that so many Honourable & Vertuous Persons should be in­volved [Page 66] in a plot so Dangerous, so Morrid and Detestable in it self; wherein my Lord▪ as he says, so many Thousands of People and even a whole Nation were to be over­whelmed: of which if a discovery had been made by any person, it would have pre­vented the utter Ruine of so many Millions. 'Tis not Rational or Probable, that such vast whole Armies should be raised, and Forreign Nations concerned in the Plot. All which, notwithstanding all the Evidence that can be made out of this Plot, is but on­ly their positive Swearing.

L. C. J.

Just, Now you made your Objection, that it was a strange thing that such a Design should be communicated to so many; now you make it a wonder, why so few should know it, only Oates and Bedloe. Your argument before was, that it was a won­derful thing, that so great a concern should be communicated to any one; and now you wonder more, that none should know it but they two.

Corker,

Therefore my Lord. I from thence Argue thus, that since there is no other Evidence, nor further Proof of it then from Mr. Oates, and Mr. Bedloe, I infer there is no such thing at all.

L. C. J.

Yes, as for your Army, there is more than so; Do you remember what Mr. Dugdale and what Mr. Praunce say?

Corker,

Yes, my Lord, considering these Persons, what they are, their vile Oaths, and the incouragement they have met with, by such Indearments and Caresses, as they have found, their Credit is not much to be weighed. Now my Lord, I apply to the Accusa­tion that is against my self.

L. C. J.

Ay Ay▪ That is your best way, for it would have been an hard task for you to prove that there was no Plot. We were in great Expectation what Arguments you would bring us for it.

Sir George Wak-man,

My Lord, will you give me leave to observe one thing more to your Lordship, and the Court; Mr. Oates does mention in his Narrative of at least Thirty or Forty Pages, and all this upon Oath (so he saith in the end of his Narrative) but I would observe, that there is not a Letter dated in France or in the Lowcountries, or Received here, but he swears positively as to the Date of it, and Reception of it; but now, when he comes to mention any thing wherein a mans Life is Concerned, he will not tie up himself to a moneth.

L. C. J.

Yes, he does, and to part of a moneth. He tells you it was the beginning or middle, or latter end; and he speaks punctually as to the Twenty first of August.

Sir G. W.

But in all his whole Narrative, he speaks to a Day.

Mr. Recorder,

As my Lord says, he speaks punctually to the 21st. of August. And as to the Letters, he took the date of them in his memorial.

Corker,

my Lord, I would only take notice, that at the first, Mr. Oates thought to take advantage of some words of mine at my Ex [...]mination; he told you, that I had gone into France, but that I denied it when I was examined before the Justice of Peace, My Lord, I deny all this; for the Justice of Peace Examined me where I had lived—

L. C. J.

We have nothing of this matter here before us.

M. J Pemberton,

You are to answer what he says now.

Corke [...],

'Tis what Mr. Oates says now, for I knew nothing of it till now. Now my Lord, as to t'a [...] I say, I did not deny it before the Justice of Peace that Examined me; for I told him, I lived with a certain Lady Twelve years, till shee died; and during that [Page 61] time, I never was beyond the Sea but once, which was five years since, for the Cure of a Quartane Ague that I had, and I went over to France; othewise during all that time that I was with my Lady, I did not go beyond Sea. Upon this, the Justice began to ask me other questions; whereupon my Lord, I recollected my self, and said, Sir, I told you I had not been beyond Sea during the time I had been with my Lady but that time, five years since; but my Lady being dead, I went over last summer in August to perfect the Cure of that Ague; for I had it seven years, spring and fall. And this I told him of my self, without asking. The last Summer I went over, and there I staid till two days before September; therefore I did commit no mistakes in what I said, Or used any Cloke to cover it. Now my Lord, he says, I went to Lamspring which is in the further End of Germany.

Lord Ch. Just.

He says, you said so.

Corker,

Pray ask him how he knows it; he says by my Letters: sure if this man were privy to those great Conspiracies which he charges me to be a Partner in, it is not pro­bable but that I should tell him where I went; and then if I did tell him so, I must go thither and back again in 6 weeks time, which was morally impossible to do, to go thither and to return; for, I was but six weeks out of Town.

L. Ch. Just.

How you Argue Sir? He says, you told him you went to Lamspring; Say you, certainly I would tell him true, because he was engaged with me in Conspiracies; but this can't be true, because of the length of the Way, Is this a way of Arguing? may not you tell him, you go to one Place, and indeed go to another?

Corker,

What reason or motive had I to tell him a lie?

Lord C. Ju.

It is a hard matter for us to give an Account of Jesuits Answers, even one to another.

Corker,

I am not a Jesuit, I wont say the least untruth to save my life. Then as to my being president (as he calls it) of the Congregation; all the Congregation, and all that know us, know that Stapleton (formerly Chaplain to the Queen) is and hath been for twelve Years; President of that Order. And I am confident that all Catholicks, and most of the Court, do likewise know it to be true; and by Consequence, it is like­wise untrue. that there was an Agreement made by the Jesuits and Benedictine Monks when I was at Paris, to which I was not privy, but could not go on till I was acquain­ted with it, and consented to it. Now my Lord, if I be not President of that Order, that must, be a Flam and a Story.

L. C. J.

You say that, Prove who is.

Co [...]ker,

M: Stapleton was, as 'tis well known.

L. C. J.

Call who you will to prove it, if you can.

Cork [...]r.

H [...]re is one of the Lay-Brothers of the Order.

L. C. J.

who is that?

Corker,

Mr. Rumley here.

L. C. J.

He cannot be a witness for you or against you at this tryal.

Cork [...]r,

[...] L [...]rd, since I did not know of it before, I could not bring any body.

Lord Ch. Ju [...].

You put it upon your selves.

Corker,

My Lord, I say then I never was at any Consult where any such sum of money was proposed or agreed, nor was it requisite or necessary that I should be so much privy to it, for I was not superiour of the Order, nor president of it, by reason of which my con­sen [...] should be necessary, or any such letter be writ to me or any such received [...] And then my Lord, 2dly. I must take notice again, he acc [...]ses me of being Bishop of [Page 62] London, and that I did consent to this agreement of paying so many thousand pounds; [...] I were guilty of this, and likewise of contriving the Kings death, and especially con­senting to Pickerings murther of the King, when that Pickering was taken I should have been taken too, or I knowing my self guilty should have fled.

L. C. J.

You excepted against Pickering and thought him not a convenient man, be­cause he was one of your Order.

Corker,

I hope he does not positively say I consented to the Kings death, He says in­deed I knew something of it, now I was near him when he was taken. Al the Officers that came to take mr. Pick [...]ing came to my Chamber. Mr Oates sayes he was there at the takeing of Pickeing; if I were guilty of all these things being superior and master to this Pickering, 'tis a strange thing that he should neither know me nor own me, nor ac­cuse me, nor take me, nor apprehend me untill almost a month after; all which time I had my liberty; but then takeing notice of my going down there, & haveing further in­formation of [...]e that I had lodged there he took me into his Catalogue of Bishops, and he came to take me. But if I had been guilty of these hainous things; there is no reason but they should have app [...]ehended and taken me when Pickering, and Grove, and Ire­land and Sir G. Wak-man were taken.

L. C. J.

I will tell you what for that: if you were now arraigned for being a Priest, you might well make use of that argument, That when they took Pickering and Grove, if they knew you to have been a Priest they should have taken you too, and yet for all than you we [...]e a Priest, you could not have denied it. But would it have been an Argu­ment because you were not then taken, you were not so? So you might be in the Plot and not be taken & tis no Argument from your not being taken that you were not.

Corker.

[...]ay my Lord, if he came to discover the P [...]otters it had been his duty to have taken me before if [...] had been one in the plot.

L. C. J.

So it hath been his duty to have taken you as a Priest.

Corke [...]

[...] as, [...] he sayes, equall in the same crime with Pickering, and therefore he should have taken me [...]hen he took him.

L. C. J.

Ha [...]e you any thing more?

Corker.

Beside my Lord, I fi [...]d he undertook to tell the Names of all those that were en [...]aged in this Conspi [...]acy, but among them all my Name is not, therefore 'tis a new invention of his.

L. C. J.

That is not said here, you go off from what is said here.

L. C. J.

North. Can you p [...]ove tha [...]? [...] first do it, and [...]hen make your Observati­ons upon it, if you can prove what he said be [...]re the Lords by Witnesses; but other­wise you must not discourse upon what you have not proved.

L. C. J.

Here is nothing of that before this J [...]y.

Corker.

I cannot prove it othe [...]wis [...] than by the [...]. I desire it may be looked up­on, and I refer it to the consideration of the [...] w [...]ether i [...] he did say he did not know any thing else of any man whatsoeve [...], but wha [...] he had then declared, and I am no [...] there accused; whether this a cusation be now to be b [...]lieved?

L. C. J.

That hath been answered already.

Mr. Just. D [...]lbin.

But it is not proved by them.

C [...]k [...]r.

I leave it to the Jury, whethe [...] they will believe it or no.

[...]. C. J.

You say well, if you refer it to the Jury let them consider it.

Corker.

I say they ought to take it into their consideration, they are not rashly to give [Page 63] a Verdict against me; and Gentlemen I believe I may refer it to your consciences, whether you do not know what I say to be true in this business?

L. C. J.

Mr. Marshall what say you to it?

Marshall.

Truly my Lord, what I have to say for my self is this. About a month ago I was told the time of my Tryal was at hand, and being then full of good hope, I did endeavour to provide for it, and I had a great confidence my Lord that it would suc­ceed; but truly upon the ill success of the late Tryals, either my hope or my heart failed me, and I did resolve to cast my self upon God and his providence, and however my silence might have bin interpreted, I did resolve with silence and submission to resign up my self to whatsoever your Lordship and the worthy Jury should be pleased to decree upon me. But my Lord, since your Lordship is pleased to fling forth some encouragement, and to hang out the white Flagg of Hope, for your Lordship hath been pleased to use many gracious expressions, and so my Lord upon this I shall con­trary to my former determination now en [...]eavour to make defence for my life as well as I can: But my Lord not being so well able to do it, or of so quick capacity as that learned and wise Council which we have here of Counsel for us, to wit, the Honoura­ble Bench of Judges, for upon inquiry why by law we were allowed no Council, I was told that the whole Bench of Judges were alwayes of Counsel for the prisoner, and indeed they look upon it as an obligation upon them as far as Truth and Justice will permit them to plead for us, Now my Lord with an humble heart I would sug­gest some heads of defence to this Learned, wise and Honourable Council, and leave it to them to manage my cause for me according to T [...]uth and Justice, which they are better able to do for me than I for my self. My Lord, I have I thank God no spleen nor hatred in my heart against the worst of my Enemies, nor shall be desirous of Revenge, I leave them and their proceedings to God; neither am I willing to charge mr. Oates and mr. Bedloe with worse than the necessity of my defence will occasion me to say of them. Now my Lord the best of men may be mistaken in a person, and if I prove mr, Oates is mistaken in the person in me, then I charge mr. Oa▪ with no great crime, & yet make my own defence. Now my Lord, offer these things for that defence and I hope your Lord­ship will appear my great advocate, and what I suggest in a few heads you will I hope put it into a method, and manage it better than I can my self. My Lord, when I was first brought before Mr. Oates (as truly all that were with me do know) I carried my self with a great deal of courage and confi [...]ence, for I was certain that he did not know me, and I did believe it would be only my trouble of going thither and coming back again.

Lord Ch. Just.

To go Whither?

Marshall.

To VVestminster. And pray take notice of this: When I was first apprehen­ded I was never sought for, nor named as a T [...]aitor in this business; but coming acci­dentally into a house to ask for one where they were actually searching though I saw the Constable at the dore and lights in the house yet I went in and asked if such an one was within. I think this confidence wi [...]l not rationally suppose me gu [...]lty, the house being under suspicion.

L. C. J.

Here is no proof of all this?

Marshall.

All that were there know it: Sir Sir William Waller, [...]hich took me knows it.

L. C. J.

Sir VVilliam VValler, is this so?

Sir William Waller.

My Lord, when I cam to search the house I placed one at the door, and him I ordered to let whoever would come in, but no person whatsoever go out, when I was searching this person comes and knocks at the door, but did not know [...] [Page 64] I suppose, of any person searching in the house; for when the door was opened and he let in and understood it, he presently endeavoured to get away again.

Marshall.

By your favour, my Lord, I am very Ioath to contradict what Sir William VValler says in any thing, I would willingly believe him a just person that would say nothing but the truth; but God Almighty is my Witness that I never knocked, the door was open, and I came in of my own accord both in at the first and second doors this the Constable will testifie.

L. C. J.

And you would not have gone away again if you could, would you?

Marshal.

I will give you better proof of it: While they were searching in an interior Roem (& this is well known by them all that were there) I was in an outward Room by my self this Sir William Waller knows, and when they came back and found me there, the Constable and the rest wondered I was not gone. I was left alone by the door by my self, the outward door I found open, and there is another door which leads out into an Alley, which any man can open in three minutes time, and I know how to do it. Now I could not learn it since I was taken, for I have not been permitted to go abroad, but been under close Confinement. But if it be worth the while, and you will give me leave to go there, I can shew you how 'tis opened in less time than I can speak three words.

Lord Chief Just.

Would you have the Jury stay here while you go and shew us the door? If you have any Witnesses to prove it, call them. Come to the purpose, man.

Marshal.

My Lord, I say, if it were worth the while, that it might be made ap­pear, that if I would go away I could, but I did not get away, but stayed with a great deal of confidence, my Lord; therefore I urge this to the point, that Mr. Oates is mi­staken. After I had been there a while before Mr. Oates, Sir William Waller wished me to withdraw, and after I had been absent a while and came back again, Sir Willi­am Waller wished me to pluck off my Periwig, and turn my back to him and Mr. Oat [...]s: I did not then well understand the meaning of it. But afterwards Sir William Waller out of his great Civility came to see me at the Gatehouse, and brought with him two very worthy persons, Sir Philip Mathews and Sir John Cutler. Sir Philip Mathews upon discourse hearing me declare that Mr. Oates was a perfect stranger to me, said, That Mr. Oates in testimony that he knew me, had given such a certain mark behind in my head I told Sir▪ Philip Matthews, if he pleased to pluck off my Periwig, he should see whether there was any such mark or no; but he being an extraordinary civil per­son told me, he would not give me the trouble. I desire Mr. Oates to declare now before-hand what that mark was behind my head, and if there be such a mark, 'tis some Evidence that his Testimony is true; but if there be no such, then it will appear to this Honourable Court and the Jury, that he did not know me, but was mistaken in the man.

L. C. J.

I suppose he does not know you so much by the mark behind your head, as by that in your forehead.

Ma [...]shal.

But why did he then speak of the mark behind my head?

Mr. Recorder,

How does that appear, that he did give such a mark?

Sir Wil [...]iam Waller,

I shall give your Lordship a short account what was done: When I brought him to Mr. Oates, I did desire indeed to see his Periwig off, to see if there were any appearance of a shaven Crown. After that I had pon [...] that, I caused him to withdraw till I had taken Mr▪ Oates's Examination upn Oath, and after I had [Page 65] taken that, I desired him to come in again, and I read it to him and taxed him with i [...] ▪ to which he gave a general denial to every particular, and thereupon I committed him to the Gatehouse.

L, C. J.

What is this to the business of the mark?

Sir W. Waller,

I do not know of any mark; but this I do know, that as soon as ev [...] he came in, Mr. Oates called him by his Name.

Marshall,

I desire Sir Philip Mathews may be called.

Mr. Recorder,

He is not here, what would you have with him?

Marshall,

To ask if he did not know in particular, that the mark was such a spot be­hind my head. Hath he not been here to day?

Mr. Recorder,

I can't tell that.

Lord Ch. Just.

But he called you by your name before ever you plucked off your Per­riwig, so saith Sir W. Waller.

Marshall,

That which I was to shew, if I could, and truly all my defence lyes upon it, is that Mr. Oates is a perfect Stranger to me, and consequently hath nothing against me. Now if Mr. Oates did give a false mark to know me by, and there is no such mark, I think 'tis a proof that he is mistaken.

L. C. J.

Sir W. Waller sayes the contrary, he called you by your name, and there was no mark mentioned: but If you will suppose what you please, you may conclude what you list.

Marshall,

Sir W. Waller plucked off my Perriwig, and bid me turn my back to him.

L. C. J.

That was to see whether you were shaven or no.

Marshall,

Sir W. Waller had not so little knowledge as to think that the Priests go Shaven here in England, where tis death for them, if they be discovered, besides my Lord, it was put in the Common News Books which were dispersed abroad in the Country, that it was a white lo [...]k behind. Well if there be any thing of Favour or in­clination to mercy in the Court I shall find It; but if there be none, it will not succeed, though I spoke ten thousand times over, nay though it were spoken by the Tongue of Men and Angels it would do me no good; therefore I inforce it again to the Jury to take notice of, that there was a particular mark given.

Lord Ch. Just.

That you have not prov [...]d.

Marshall,

My Lord, I would beseech you to take notice of what every man knows▪ and tis against reason to beli [...]ve that Sir W. Waller knowing the World so well as he is supposed to do, should think we went with Shaven Crowns in England.

L. C. J.

And therefore Dr. Oates must look for another mark must he, how does that appear?

Marshall,

All England know that those who go over to any Seminary or Cloister, ne­ver come over again to England till their hair be grown out, that it may be no mark or testimony that they are such Person [...].

L. C. J.

Do you think al [...] mankind knows that.

Marshall,

All that is Rational does.

L. C. J.

Well, you hear what Sir W. Waller says.

Marshall,

I always looked upon Sir W▪ Waller as a very learned upright perso [...], and did [...]y upon what he should testifie for my defence, and he knows when Dr. Oates brought in his first Testimony against me, I did beg that what [...]e sa [...]d should be writ­ten down by him, said Sir W. Waller it sh [...]ll not be written do [...]n, [...] [Page 66] you to remember what he says, Now I hope Sir W. Waller as an honest and worthy Gentleman will keep his Word, and I desire him to do it as he will answer it before God at the Great Tribunal.

L. C. J.

Ask him what you will. You adjure him and yet you wont ask him.

Marshall,

Now my Lord, Ile tell you how Mr. Oates came to know my name (which is another proof that he is a Stranger to me.) Wh [...] I came first in, I asked Mr. Oates if he knew me, and looking seriously upon me, he asked me what my name was. Now we knowing no more of a mans thoughts but what his words discover, It may seem by that very Question that Mr. Oates was a perfect stranger to me, Now when I told him my name was Marshall, he was pleased to answer, you are called Marsh. But my Lord, I should consider that which hath been before offered to your Lordship, but that I do not much insist upon, that if Mr. Oates had a Commission to search for Priests and Traitors, he was as well bound to tell you I was a Priest as a Traitor, that is an Argu­ment for me I say. If he had a Commission to apprehend Priests, I conceive if he knew us to be Priests, he should by force of such a Commission have seised upon us.

L. C. J.

He needed no Commission to do that, he did search to find out Traitors.

Marshall,

He heard us particularly named, looks upon us, goes away, denies that he knows us, gives us leave to sleep out our sleep, and if we would to be gone. There­fore 'tis without any likelihood or probability that he had any thing to say against us.

L. C. J.

You have not proved one word of all this.

Marshall,

He owned it himself, that he had searched the Savoy for Traitors, and did not take us. I speak this out of his own mouth, therefore it is incredible, and I hope the Jury will take notice of it. He was searching for Traitors and knowing me to be a Notorious Traitor as he would have me to be, that he should find me in bed, have his Majesties Officers with me, and not seize upon me.

Mr. J. Pemberton,

It does not appear to us, you have not proved it.

L. C. J.

Sir W. Waller, did he say first do you know me, and then Oates ask his name?

Sir William Waller,

I speak [...]olemnly as in the presence of God, there was not one word of all this.

Corker,

I beseech you may I speak one word?

L. C. J.

Have you done Mr. Marshall.

Marshall,

Truly my Lord, I am astonished, I protest and confess before God I am a­stonished. There is Mr. Gill the Constable who owned this, and promised to be here to attest it, for there was a dispute about it between Dr. Oates and me: for said I pre­sently, if you took me in bed and knew me to be a Traytor why did you not seize me he answered me again Expresly before Sir W. Waller, I had no Commission then to seize you: but said I, you acknowledge I was then a Conspirator, and such your Commission was to seize. You might have declared to the Officers you knew me to be a Traytor, and have bid them take charge of m [...]: tis impossible that you should so well know it and not do it sure.

L. C. J.

Was there any such thing as this Sir W. Waller.

Sir. W. Waller.

Really my Lord, I do not remember any thing of it.

Lord Ch. J.

Mr. Marshall call your Witnesses.

Marshall,

[...] Mr. Gill the Constable here, he owned it. I think I had as good mak [...] [Page 67] an end, I may leave it here, for what I shall say I find will be to little purpose.

L. C. J.

You do not prove what you affirm.

Marshall,

My Lord, I do not go as Mr. Oates and Mr. Bedloe do, who bring no cir­cumstance of Probability or likelihood, they only say they were such a time amongst such and such Persons, and such and such things were agreed, but shew no probab [...] ­lity of it. But I instance in such things as do carry a Probability in themselves, and I name those that were by.

L. C. J.

And have no proof of it in the world. And what you call Sir W. Waller for, he says the contrary, there was no such thing.

Marshall,

I say my Lord, what he says is to my great astonishment. Do you re­memb [...]r Sir W. Waller this, that Mr. Oates said there, when he was asked if he law me last summer, I saw you not only in August, but in June and July.

Sir W. Waller,

I remember something of that.

Marshall,

I humbly thank you Sir for acknowledging that.

L. C. J.

What use do you make of that?

Marshall,

I shall make use of that. The dispute was so eminent betwixt us that it was impossible to forget it.

L. C. J.

Well, have you done Mr. Marshall?

Marshall,

No my Lord, tho I had as good hold my peace. I could not have Witnesses to disprove Mr. Oates in particulars of Time and Place, because I could not foresee what time or place he would name. My Lord, I had Witnesses here at the time of my last Tryal to prove and swear if they might be admitted, that I was here neither in June, nor July or August, but spent some months at a place called Farnborough in Warwick­shire.

L. C. J.

Can you prove this?

Marshall,

I can prove that I had such as would have proved it then. Now my Lord this is that I say, if▪ the Court be inclined to any Favour or Mercy: Life being a thing of such concern, I hope some little stop may be allowed to have sometime to bring such People, but if there be no inclination to mercy, it would be the same thing if the Proof were here.

L. C. J.

The Court will do you all Justice here, and that is their mercy▪

Marshall,

I am confident▪ I shall have great justice done me, I would not have said one word in my defence if I did not believe so, I took heart by what your Lordship had said, & I have already done that which I thought most material for it. I have urged first the false Mark that he gave to know me by. And then his taking me in bed and disowning to know me, besides Mr. Oates hath been positive in his testimony about the 21th of August, I could not now have witnesses to disprove that, because I knew it not before, but I can have several witnesses to prove that I had then witnesses to prove it, sufficient witnesses from Farnborough who were sure and certain that I was that very day there, and would instance in some particular reasons why I was there that Day. And then these Witnesses will swear that I was never from thence for three Mouths at any distance but twice at a Neighbours house, and they can tell the places where I was then.

L. C. J.

You come and tell us what other Folks could tell, why have you not them here? Can the July take notice of this.

Marshall,

I hope you will not throw away my Life, when in 3 days time I could [...] witnesses to prove it.

L. C. J.
[Page 68]

Then we must throw away the lives of the Jury, for they must be kept fast­ing all those days till they give in their Verdict; for they must be shut up t [...]l then.

Marshall.

My Lord, with your leave, there have been those that have been upon their Tryals, and sent back to Prison before the Jury have given a Verdict, and after tried agai [...].

L. C. J.

North, Ay, if they be discharged quite of you.

Lord Ch. Just.

I tell you the Jury must be kept together close, till they give their Verdict.

Marshall.

The Jury was not kept up when Mr. Whitebread and mr. Fenwick were try­ed, and they were afterwards tryed again.

Lord Ch. Just.

The Jury were wholly discharged of them.

Marshall.

If you have any regard of my life you may discharge them of me,

Lord Ch. Just.

Truly this is as reasonable as any thing you have offered.

Marshall.

If your Lordship believe what I say is true, you throw away my Life unless you grant me this time, I should be a very infamous man if I did not prove it then▪

L. C. J.

If the Jury believe it I am satisfied.

Mar.

My Lord, I should then come full of shame, if I did not prove what I say, there­fore I hope the Court will allow me time to prove what I affirm, that that particular day, & the day before & the day after I was in the Countrey, & stirr'd not. And then as to the day before the Assumption which he charges upon me, & the day after, I can bring witnesse▪ to prove I was those 3 days at another house almost 50 mile off London, so there is nothing in all that is said against me by mr. Oats which comes to be determinative & positive in his Testimony, but I can disprove it if time be allowed me, but if that cannot, I can bring such proof as can testifie, that I had before those that could Evidence it.

Corker▪

I told your Lordship I think, that the Constables and other persons that came there to take Pickering, said they knew nothing of me, and had nothing to say to me. Your Lordship tells me this I ought to prove. I must confess I could not expect that, when there were so many, an hundred people at least, that all those people coming in I should be put to prove it. But here is a Servant that was in the house then, that will tell you the same, that will attest they said they had nothing to say to me.

Mr. Just. Pemberton.

Call any of your witnesses that you have.

Mr. Just. Dolben.

Mr, Corker, you remember that the last time you were here at the Bar, you desired time because you had not your witnesses, it is now above a month ago, and therefore you have no reason to say your witnesses are not ready. Let us see them, that we may see you did not abuse us,

Mr Recorder.

Who were the Persons that were th [...]n at Tunbridge?

C [...]rker.

I tell you si [...]cerely my Lord, I did not know what they would say, but then I did take notice when my Accusation was read against me, That there was a time men­tioned of the 24th. of April that I conspired the K [...]lling of the King. Now I could prove the contrary of that I thought, for I did remember, and so my friends know very well, that always in the Spring time I go once or twice, must commonly about 30 miles out of Town to take the Air. So my Lord, from that Observation I did really be­l [...]eve I was actually there at that time, & from this be [...]ief I did then tell your Lordship, that I thought I cou [...]d bring Witnesses that would provel was at that Place then. Accor­ding to your Lor [...]ships Order I sent for the Gentlewoman that kept the house, and she coming up I asked her, Mistress said I, can you tell when I was at▪ Tunbridge; said she [Page 69] I believe you were there about or near April, but that is not, the thing said I▪ I aske you▪ can you positively say that it was either before or after the 24th. can you give me any Determinate circumstance of it. She could not swear nor durst what day I was there exactly, then said I go back again, for I resolved to die in my Innocency with­out proof, rather then my witnesses should speak what was false or doubtfull,

Marshall,

I desire that one Thomas Summer may be called, He was the man that went down to [...]etch up the Witnesses from Farnborough.

Mr. Recorder,

What is your Witness mr. Corker.

Corker.

My witness's name is Ellen Rigby (who stood up)

Lord Ch. Just.

What is it you ask her?

Corker,

I desire she may be asked, whether she knows that I was in the house when the Search was in the Savoy when mr. Pickering was taken; and whether then they cha [...]ged me, or said I was a person that they had nothing at all to do with. Marshall. And me the same.

L. C. J.

Do you hear the Question?

Mr. Corker,

Was not I in the Savoy when Pickering was taken?

Marshall.

And I?

Rigby.

Yes, you were both in bed then.

Corker,

Are you ready to swear it, if my Lord will permit you?

Righby,

Yes. And the Company that came in never asked for you, but when they saw you, said, they had nothing to do with you.

Lord Ch. Just.

Who said so.

Rigby.

The Company that came and searched the house for Pickering.

Lord Ch. Just.

Was mr. Oates there?

Rigby.

Yes my Lord mr. Oates was there.

L. C. J.

Did he say that he had nothing to say to them?

Rigby.

Several of them did say so and he among them. They asked me who were in the house▪ I told them several. They said they had nothing to do with any but with Mr. Pickering.

L. C. J.

North. Who did you tell were in the house?

Rigby.

I told them there was Pickering, Marshal, He [...]kett, Corker, Smaydon the Porter and his Wife, two Children, &c.

Corker,

Now 'tis incredible he shou [...]d search for Traytors, and as he says, know us to be such, and should not ask for us: Nay, when he saw us, leave us there, and never bid the Officer secure us.

Mr. Just. Pembert [...]n.

Who did ask you the Question?

Rigby.

There were five or six, Mr. Oates and Mr. Bedloe▪

Corker,

I desire to know this of you, Have you not heard all along that m [...]. Stapleton is President of the Benedictines, and how long he hath been so, for she was House­keeper.

Marshal,

Who is President of the Benedictines?

Rigby,

Mr. Stapleton.

Corker,

How long hath he been so?

Rigby,

Four years and a quarter, for any thing I know to the contrary.

L. C. J.

In his absence, who was?

Righby,

I know not who.

L. C. J.

Did not Corker. officate?

Righby,

Never in his life.

L. C. J.

Do you know who did?

Rigby,

I can tell he did not.

Corker.

Pray ask her if she knows of any Consult of the Jesuits in the Benedictine Convent?

L. C. J.

How should she know that? was she one?

Corker,

Because there can none come to the House, but she must entertain them, there was no other Servant at all but she.

Marshall,

Now my Lord, since she is here, let her see Mr. Oates and mr. Bed [...]oe; ask her whether ever she saw them in the House in her life?

Rigby,

I saw Mr. Oates in the House; [...]e came a begging to Mr. Pickering for Charity

L. C. J.

What was the time?

Rigby,
[Page 70]

This Summer was Twelvemouth: And mr. Pickering bid me shut the door, and never let that man come in again.

Marshall.

That was in the very heat of the Plot, the very nick of time when he was employed to carry on the conspiracy, as he says; and that then we should suffer him to be in such necessity, and sent away with a Flea in his ear, when he could gain such ad­vantages by discovering us: Is it likely that we would trust him with the whole Plot, and yet suffer him to want? I appeal to your Lordship and the Jury whether that be probable.

Then Sumner appeared and stood up.
L. C. J.

What say you to him?

Marshall▪

I desire he may be asked whether he does not know that here were witnesses to testifie I was then at Farnborough?

Lord Ch. Just.

That is not a question to be asked, what another body can Swear.

Marshall.

He was sent down, my Lord, to fetch the Witnesses up.

L. C. J.

Well to satisfie you, we will ask the question, though it be improper; were you sent down for witnessss?

Sumner,

Yes my Lord,

L. C. J.

Why do not they come?

Sumner,

They did come.

L. C. J.

Why are they not here? The last Sessions was adjourned particularly to a certain day, and you knew when you were to be tried.

Mr. Recorder.

For this very Reason, That all might take notice of it, it was adjour­ned to the 16th. day at this place.

Marshall,

Your Lordship does suppose we have a better purse then we have. Would you have them leave their Employments, and come up, and be at great charges? 'tis not in the capacity of every one to endure it?

L. C. J.

What would you have us to do in this case?

Marshall.

What is but reasonable, Give me but three or four days time, and I can have my Witnesses up.

Mr. J. Dolb.

I pray ask them whether they were not told of the time of their Tryal?

L. C. J.

Why did not you send for them before, when you knew what day it was to be?

Mr. Just. Dolben,

You knew as much before as you do now. If you did not, what did you send for them up for then, more than now?

Corker.

There was no certainty at all of the time when we should be tryed, We were told it was near, but not the very day; some said the 12. some the 14. some the 16th. some, not at all,

Mr. Recorder,

You must not say so; for notice was publickly given here that it should not be till the 16. and the Sessions was adjourned till then.

Marshall▪

I was told it would be two or three days after last term. I confess, God Almighty hath been pleased to give me a long imprisonment to prepare for my last Close. I do not fear death though it should appear in far more frightful shapes, than that we may be like to suffer▪ So my Lord, it is not so much a concernedness for my own life, as for the Honour and Justice of the Court, that I plead for a Respit to. have witnesses that may positively and particularly disprove the Testimony of mr. Oates And all the World will think it an hard case when I do attest and call to witness such as have a great probability to prove what I say to be true; when I can have such a nu­merous train of witnesses to prove that I was that particular day threescore miles out of London, and would positively swear it, if permitted. It will be hard, & will, I fear, draw an heavy censure upon this Honourable Court, if some time be not allowed.

L, C. J.

It cannot be allowed you, for then we must tye up the Jury, and make them [...]

Marshall,
[Page 71]

You may discharge them of me.

L. C. J.

We cannot do it now.

Mr. Just▪ Pemberton.

There is no reason for it now, for you had time for your wit­nesses before. What do you come here to make a great Harangue about witnesses which you had, and did not bring them.

L. C. J,

Did you know they would come to prove, to any day?

Ma.

I know they could prove such a day.

L. C, J.

Why then were they not here?

Marshall.

Pray, my Lord, give me leave. I hope I shall not speak more than is rea­sonable and just, and then I care not how it succeeds. Every Judge is as much obliged to follow his Conscience, as any formality in Law.

L. C. J.

Pray teach your own disciples don't teach us; You come and talk here what regard we are to have to our own Consciences, as if we did not know that better than [...]ny Papist or Priest in the world.

Marshall,

I suppose that, and 'tis rational too. And I do suppose that this Bench is in­finitely just and merciful, and upon that supposition I plead. Then if there be great rea­son to believe that I can disprove mr. Oates in his positive Testimony, then there is great reason to believe that I can save my life. And if there be reason to believe I can save my life, I suppose there will be more regard to this, than to any formality of Law. Be pleased to ask him, whether he were not to fetch witnesses that could attest this.

L. C. J.

What can you say?

Sumner.

I went down into the Country for witnesses.

L. C. J.

Why did you not bring them up again [...] this time?

Sum.

I had no order for this time.

Mar.

We did not know when we should be tryed, Cl. of the Peace. My Lord, I did tell the messenger when the Sessions was.

L. C. J.

Did the Officers here acquaint you when the Sessions was,

Sumner.

I had order from Capt. Richardson, at first, I did ask leave to go down to fetch his Witnesses; says Capt. Richardson, you have order to do what he shall di­rect, to provide him his Witness [...], that was for the last, not for this.

L. C. J.

How far were the Witnesses off?

Sumner.

Theescore miles.

L. C. J.

Why, you have had notice long enough of your Tryals, to get up Witnesses three [...]ore miles.

Mr. Recorder,

Capt. Richardson, Did not you tell the Prisoners when their Tryals would be?

Mr. Justice Dolben.

They had all notice of the Sessions by the Adjournment, and should have provided for it.

Marsh.

But that I humbly offer, is this, Whether you will believe I can have such

Capt. Richardson,

Ever since the last Sessions they have all of them had the permissi­on of any people to come to them in order to the preparing for their Tryals.

L. C. J.

As when?

Capt. Richardson,

As for this Sessions.

L. C. J.

First you did know that the Sessions did begin on Wednesday▪ if you had prepared your selves against Wednesday▪ you had been delayed but for two days.

Marshal.

But how could I prepare Witnesses for that which I did not know would be testified against me?

L. C. J.

Why did you prepare them for the last Tryal? why, had you not the same Witnesses you had then?

Marsh.

Because it was upon somewhat he had said upon my taking▪ that he saw me in▪ June and July, I did provide Witnesses for it.

Mr. Just. Pemb.

He ho [...]ds to the very day he said first, and this is but plain trifling [...]

L. C. J.

Truly, if the merit of your Cause be no better than such weak A [...]e [...]tions, [...] Defence is but very poor▪

[Page 72] M [...]r. But that I humbly offer is this, whether you believe I can have such Witnesses, & therefore stay till they be sent for.

Mr. J. Dolb,

We have no reason to believe you.

Mr. Just. Windham,

We have no reason to believe you, when you have had time to prove it, and have not got them.

L. C. J.

Why were they not here now?

Marsh.

My Lord, I do give you a double Reason. Then, my Lord, I offer this, that my name is in no List, Paper, nor Narrative that ever was put forth; and if I had been guilty, as he says, would not he have named me amongst the other Conspirators?

L. C. J.

No, I think he should not, it would have given you notice, and too much opportunity to have gone away.

Mar.

He gave me leave, when he left me in my bed.

L. C. J.

But yet for all that it does not prove your innocency. All people that are guilty, don't run away for it, for you have abundance of Priest-holes, and hiding-holes. Well, have you any more Witnesses? if you have, call them.

Corker,

Call Alice Broadhead [but she did not presently appear,] then I desire Mrs. Eliz Shelden may be called; [who being in the Gallery, answered and came down.]

Mar.

I desire to know whether she knows who is President of the Benedictine Monks?

L. C. J.

Who is President of the Benedictines, Mistress?

Sheldon,

Mr. Stapleton.

L. C. J.

How many years hath he been?

Sheldon,

A great many years, my Lord, to my knowledge.

L. C. J.

How many?

Sheldon,

Four or five years.

Mr. Recorder,

Where is Dr. Oat [...]? call him.

L. C. J.

But if he were absent, did not Mr. Corker officiate in his place?

Sheldon,

Never my Lord.

Corker,

Mr. Stayleton was actually at Paris when I was there, and therefore I could not officiate in his stead; there is another that can testifie the same, that is, Ali [...] Broadhead [who appeared then;] pray ask her the same question.

L. C. J.

Who his President of the Benedictines?

Broadhead,

Mr. Stapleton, I have known him for many years, and there hath not been for a great many years any other.

Corker,

Then I do desire that I may observe this, That Mr. Oats doth seem to ac­cuse me positively of nothing, but only of consenting to the Benedictines Contributi­on of 6000l which he says they could not do without my leave, because I was their President; but I have brought three Witnesses which say, and are [...]eady to swear, that Mr. Stapleton is President, was so these many years, and I never was so in my life.

Mr. Recorder,

Here is Doctor Oates again now. But he was not examined.

L. C. J.

Have you done now, all Three?

Sir G. Wak [...]man,

I say, my Lord, I find that it was imputed to me, at least as a sin of omission, that when I was before the Council, I did not s [...]fficiently detest, and abo­minate, and abhor this crime that is laid to my charge. I now detest, abhor, and abo­minate the Fact charged on me. I call God to witness, I never was in any Consultation about it in my life, I never received any Bi [...] for any money upon this account, nor did I ever receive any money.

L. C. J.

Had no [...] you Two thousand pound:

Sir G. Wak [...]man,

No my Lord, I wish I may never enter into the Kingdom of Hea­ven, if I received one Farthing for any such thing

Co [...]ker,

He says, that I was employed in distributing moneys; and I profess before God, I never distributed any money upon such account, all that I had was an annual An [...]ity which I gave among [...] the poor. I protest before God, I never in my life did deliver or hold it as a matter of Faith or commendable Doctrine, That it was lawful for the promoting of the Catholick Religion, to murder the King, or destroy my Country. And I renounce and detest it from the bottom of my soul. And this is all [Page 73] can be expected from a good Christian upon that account; and I hope the Jury will have no prejudice against me for that; and neither Pope or any breathing upon earth can dispense with me from that Obligation.

Marshall.

And if no door can be opened for a merciful Sentence upon any consi­deration offered by the living; at the loud cries of the dying, I hope there m [...] and all the earnest vows, and all those solemn protestations of innocency by such as were lately executed for the Crimes we stand here charged with, left behind them as sacred Testimonies of their Loyalty and unviolated Faith to the King. And I beg leave to put before the Eyes of this Honourable Court, and this whole Assembly, this Landskip of horror, wherein may be seen those caves of darkness, tho [...]e baths of glowing sulphur such men must be eternally judged to be condemned unto, if what they then spoke had not the characters of the fairest truth found instamped upon it. Now if a right sur­vey be taken of this Landskip, and it be well observed what these men so solemnly signed & sealed to with their last breath, it must be confessed they either conspired finally to damn their own souls, or were not Conspirators against the King, nor were they guilty of what was charged upon them. Present Content, where the enjoyment is like to continue, works with a strong influence upon humane nature, and chains it fast to the present world. But, my Lord, with the approach of death, Reformation of Con­science does offer to advance, and we do observe those who have lived a very ill life, frequently to make a good end, but, my Lord, it is a thing scarce ever heard of or known, that those who have lived all their lives well, should die ill▪ Nor can such as were looked upon while they lived as persons of much integrity, great candor of spi­rit, and unquestionable truth in all their attestations, dying should become prophane to blasphemy, become irreligio [...]s even to sacriledge, and false even to the worst of A­ [...]heism. My Lord▪ this cannot readily be believed, or easily imagined; nor will be, though it be possible; and yet all that wil [...] not believe this, must own an innocency▪ where guilt is so strongly suppos [...]d. And if there be great cause to doubt whether those that were [...]ately executed and were supposed to be leaders in this Conspiracy, were guilty upon the consideration of those solemn dying Protestations they have made to the contrary: I humbly conceive it may be much more rationally doubted whether others brought in only by the by, as I am▪ as a Letter Carrier, and only as Marginal Notes of the great Conspirators may not be wholly innocent. Now my Lord, if no credit be to be given to the Protestations of men dying, that have ever been judged sober and just; how can faith be reposed in the testimony of such living persons as know no God nor Goodness? And if the reputed just man at the very point of death can be judged rationally false in his Protestations, though death be in his eyes, and hell threatning to in [...] him; may not [...]e, my Lord, who hath owned himself a V [...]lain in print, be thought false in his testimo [...]y, while preferment tickles him, [...]ards march before him, and ambition b [...]ckons to him, which he greedily▪ follows, though God and Conscience tell him, tis unjust.

England is become now a mournful Theater, upon which [...]ch a Tragedy is acted, as turns the eyes of all Europe towards it; and the blood which hath been already spilt, hath found a Channel to convey it even to the remotest parts of the world. And though it inspires different breasts with different resentments, yet it may speak a lan­guage that none who are friends of England will be willing to understand. Our pre­sent transact [...]ns here are the present discourse and entertainment of foreign Nations; and without all doubt will be chronicled and subjected to [...] censure of e [...]s [...]ing Ages. Now▪ My Lord, I have great reason to believe, That not any one of those Ho­nourable [Page 74] persons that now fit Judges over us, would be willing to have their names writ in any Characters, but those of a just moderation of a profound integrity, of an imp [...]rial justice, and of a gracious Clemency. And though we would not be all thought to be well-wishers to the Roman Catholick Religion, yet we would be all thought friends to Re [...]igion; and though we exclaim against Idolatry and new prin­ciples of Faith, yet we all stand up for old Christianity; whereas if the testimony of living impety he applauded and admitted of, and the cries of dying honesty sc [...]ffed at and rejected, what will become of old Christianity? And if any voice, cry or pro­testation of dying men may pass for truth, and obtain belief, where is now our new Conspiracy? The question now seems to come to this, the belief of Christianity now in Roman Catholicks, and the appearance of their innocency, are so fast linked toge­ther by those solemn Vows and Protestations of their innocency made by the late exe­cuted persons, that no man can take up arms against the latter, but must proclaim war against the former, Nor can our innocency bleed; but our Christianity must needs by the same dart be wounded. Nor can any Tutelar hand stretch it self forth.

Lord. Ch. Just. North,

You speak ad faciendum populum, and should not be interrupt­ed, but only I think you lash out a little too much.

Marshall

I speak this to add the Testimony and solemn vows of the dying to what we say living for our own defence. And I desired they may be put in both together, and weighed in the scales of an impartial Judgement. Now my Lord, I say, the que­stion seems not so much whether Roman Catholicks are Conspirators, as whether in­deed they be Christians. Nor is it the great doubt now whether they designed to kill the King, but whether they believe there is a God. For whoever grants this last▪ the belief of a God, of a Heaven, and an Hell, and considers what asseverations they made at their death, what solemn Protestations they insisted upon, does with the self same breath proclaim them innocent.

Mr. J. Pemberton,

But Mr. Marshall, will you go on to affront the Court in this man­ner, to vouch for the truth of their speeches which they made at the Gallows, and af­firm them innocent after they have been found Guilty, and executed according to Law?

Marshal,

My Lord, I do not avouch them innocent, I only desire there may be con­sideration had, and that the words of such dying men may be thought of. If they did believe a God and a Judgement-seat that they were going to, could they be inno­cent and Christians too?

L. C. J.

I was loth to Interrupt you because you are upon your lives, and because 'tis fit you should have as much indulgence as can be allowed. Your defence hath been very mean I tell you before hand; your cause looked much better before you spok [...] a word in your own defence, so wisely have you managed it.

Mr. Recorder,

But really for your particular part Mr. Marshall, you abound too much in your flowers of Rhetorick which are all to no purpose.

Marshall,

I hoped it would be no offence to insist—

L. C. J.

But I will tell you, and I'le he heard as well as you, Sir; Because of the Protestations of these men, which you make a stir about. If you had a Religion that de­served the name of a Religion, if you were not made up of Equivocation and lying, if you had not indulgences and Dispensations for it, if to kill Kings might not be meri­torious, if this were not Printed and owned, if your Popes and all your great men had not avowed this, you had said something; but if you can have absolutions either for [...] [Page 75] made Saints as Coleman is supposed to be there is an end of all your Arguments. There is a God, you say, and you think we shall go to that God because he hath given us the power, we can let our selves in & turn the Key upon Hereticks. So that if they Kill a King, and do all the wickedness they can devise, they shall go to heaven at last: for you have a trick, either you can directly pardon the killing of a King, or if you Excom­municate him he is no King, and so you may Kill him if it be for the advancement of Religion. But it will be in vain for you or any Priest in England to deny this, because we know you Print it and publickly own it, and no body was ever yet punished for a­ny such Doctrine as this. Therefore all your doings being accompanied with such equi­vocations and arts as your Religion is made up of, 'tis not any of your Rhetorick can make you be believed, I do believe it is possible for an Atheist to be a Papist, but 'tis hardly possible for a knowing Christian to be a Christian and a Papist. 'Tis hardly possible for any man of understanding, setting aside the prejudices of Education to be a Papist & a true Christian, because your doctrines do contradict the foundations of Christi­anity. Your doctrine is a doctrine of blood & cruelty, Christs Doctrine is a Law of mercy, simplicity, gentleness, meekness and obedience; but you have nothing but all the Pride that ever a Pope can usurp over Princes: and you are fill'd with pride, and mad till you come again into the possession of the Tyranny which you once exercised here: in so much that 'tis strange to me, but that Princes abroad think you more conducing to their [...]olitick interest, else sure they could not endure such Spiritual Tyranny to Lord it [...]ver their Souls and their Dominions. Therefore never bragg of your Religion, for it [...] a soul one, and so contrary to Christ; that tis easier to believe any thing, than to be­ [...]leve an understanding man may be a Papist. Well Sir, if you have any more to say, [...]peak it. You have provoked me to this; and indeed I ought to do it, because you [...]ave so much reflected on the Justice of the Court: but if you have any thing to say in your defence, speak it, or to your own particular Case. As for your Religion, we [...]now what it is, and what merciful men you are: and if we look into the bottom of [...]ou, we know what you were ever since Queen Maries dayes: and if we look into [...]he Gun-powder Treason, we know how honest you are in your Oaths, and what truth there is in your Words, and that to blow up King, Lords and Commons, is with you a mercifull act, and a sign of a candid Religion; but that is all a story with you: or it is easier for you to believe that a Saint after her head is cut off, did go three miles with her head in her hand to the place where she would be buried, than that there was Gunpowder Treason (At which the people gave a shout.)

L. C. J.

North; You must not meddle any more with the Speeches of those that dyed.

Marshall,

I did not intend, my Lord, to call any thing of Justice in question.

L. C. J.

What do you think we will be imposed upon in this manner? perhaps you have tricks enough to gull your own party, but you have not to deceive Protestants; [...]hey can look through all your arts; nay, I never saw such men of weak parts, as your Priests generally are; so that I wonder, you should have any Disciples, but silly wo­men, or Men without learning.

Marshall,

If we were guilty of this Conspiracy, we should gull only our selves.

L. C. J.

Go you on with one Harrangue, I warrant you I will give you another; you [...]all not be hindred to say any thing that is p [...]rtinent; but this is not at all so. We have a Bench of Aldermen have more wit than your Conclave, and a Lord May­ [...], that is as infallible as your Pope: Have you any thing more to say for your selves? [...] [Page 76] know our Religion better than our selves; for I know not of any such Doctrines own­ed amongst us.

L. C. J.

No I then I believe you have not read your own Books; I suppose that your busines is not now to read, but to seduce silly VVomen, or weaker men. What, do'nt you publish them all over the world? Is there any Index expurgatorius, into which you have put these doctrines? Surely you know not any thing, if you know not this.

L. C. J.

North, If you have any thing more to say in the proper defence of your try­al, pray speak it now.

Corker,

As to those damnable Doctrines, we profess our selves innocent of them. I desire that the Jury may not go upon such a prejudice, that I entertain such principles of Religion, as matters of my faith. They are horrid Crimes, I protest against them, and own them not, I desire the Jury to take notice of it.

Marshall.

I have this further to offer to your Lordship, that Mr. Bedloe owned be­fore the Lords, that he knew no more to be guilty then he had declared, and among all those I am not named, and this was a month of Six weeks before I was taken.

Mr. Just. Pemberton.

There is no such thing at all proved here, or given in Evi­dence, and therefore why do you insist upon it?

Marshall.

In this I appeal to the knowledge of your Lordship: and if you know it, I hope you will be pleased to acquaint the Jury with it.

L. Ch. Just.

I do not know for my own particular what answer was made, I was [...] in the house, nor do I know it.

Judges.

None of us know it.

Marshal,

I desire the w [...] thy Jury to take notice, that among all the persons named, there is no such Name men­tioned as mine.

Mr. Just. Pemberton.

There is no such thing proved here.

Marsha [...]l.

They deny all the Lords Records.

L. C. J.

Well, have you done? Look you Gent. [...] the Jury—Marshall, I desire but one word, th [...]se things I have Insisted upon as far as can for my self; but the main matter I rely'd upon, was, that Mr. Oats did not know m [...] neither as to my calling, conversation, words nor actions, He can bring no person, [...] nor woman, that ever saw him in my company, nor took notice of our meeting toge­ther. nor Bedloe neither; he can name no place where he saw me, none but the Savoy, a­gainst which no proof can be found. And then at the searching of the House, I desire the Jury to cake notice, that at that time he disowned us, and said he did not know us. A sufficient rational cause cannot be given, why he should say now he knows me, and did not then take me.

Mr. Just. Pemberton.

You have said all this before.

Marshall.

then my Lord, for a conclusion, I have been told, and I will onely desire the Jury to take notice of it, that every Jury that finds a man Guilty of death upon the testimony of witnesses that come in against him, do take it solemnly upon their consciences, that what such witnesses swear is true.

L. Ch. Just.

That they believe they swear true; for we have no infal [...]llibility with us. Tis one thing to say tis true, and another thing to say we believe it is true. Looke you, the Jury may give a verdict that is false, and yet go according to their consciences. Do you understand that Priests

Mr Just. Pemberton.

you need not teach the Jury what they are to do.

Mar.

But considering in case an oath be false, & the Jury have reason to doubt what the Prisoners say in their own defence, upon wh [...] they hear or have learnt of their own knowledge, if they sin I such doubt grounded upon that double matter, then they are in great danger to bring the fault to their own doors, and make the crime of perjury their own.

Mr. Just. Pemb.

What do you go over things again and again?

L. C. J.
[Page 77]

All this signifies but little, if you had Popery here, you would get but little by it. We should hardly part with our Peter pence for all your speeches. We all know what things are, 'tis not a parcel of words patcht thus together will do your business.

Marshal.

I wish all thoughts were as open fac'd as ours are.

L. C. J.

Look you Gentlemen of the Jury, here are four Prisoners; as to one of them, that is Rumley, the truth of it is, there is but one Witness against him; and by the Law there ought to be two; so I cannot say, but you ought to discharge him: we do not find, that there is testimony sufficient according to the Law to condemn him, and there­fore you ought to acquit him. As to the rest, here is Sir George Wakeman, Mr. Corker, and Mr. Marshall; there hath been two sorts of Evidence given, I will repeat them as well as I can, and as short as I can. There hath been a general Evidence, and a parti­cular Evidence: there was a general Evidence given by Mr. Dugdale of the Plot in general, and by Mr. Prance, and something of intimation by Mr. Jennison. These of Dugdale, Prance and Jennison do not mention so much as the names of the three Gen­tlemen that are up in their lives; but Ile tell you why it was necessary, and answers a great Objection that they seem to make: for you are to believe men say they, and to believe men upon probable Circumstances, something to guide you besides the posi­tiveness of an Oath, and that is well enough said. Now here is something besides and that is the Plot; that there was a Conspiracy to introduce Popery by the likeliest means, which was to kill the King; and that such people as these men were to do it, now that there was such a general design to do it is a circumstantial Evidence (as to these men, I call it so.) And these are Circumstances which may answer the Objection they make, when they [...]ay, you are not to give credit to positive Oaths, without any thing to govern you by; for you have this to govern you by besides the Oath that there was a Plot. The Testimon [...] of Mr. Jennison does go more particularly to the business of Ireland which I would observe by the way for the sake of that Gen­tleman that stands so much upon the innocency of those men, and would have them to be believed upon their own assertions, because he says they dare not dye with a lye in their mouths. I believe it is notorious enough, Mr. Jennison that comes here is a man of Quality, and one against whom there is no objection, and he is justified by one or two more. He says he saw Mr. Ireland the 19th of August, when he to his death took upon him to avert he was then in Staffordshire, and brought several of his own Religi­on who would outface it to the Court that he kept them company so many days and was in the Country all the while. There was a Maid before this that came and testi­fied that she saw Ireland & saw him at his own door in Aug. but this Gentleman comes and proves it upon him more particularly, and tells you when the day of the week and of the month that he was with him at his own lodging, that night he came from Wind­sor, that he was pulling off his Boots, and pretended to come Post from Staffordshire, & so that he was in Staffordshire is true, because he came th [...]e Post but he hath always constantly denied that he was here, & that may serve for the integrity even of their dying Oaths. And you are not going according to your own Doctrine so immediately to hell, I hope you suppose a Purgatory where you may be purged from such Peccadellos as this of dying with a Lye in your mouths. As for the testimony of the particular evidence, first against Sir G. Wakeman Mr. Oates says, he saw a Letter subscribed George Wakeman, and it was writ to Mr. Ashby, and therein among other expressions was this particular, That the Queen would assist him to kill the King. He was asked how he knew it was his hand, he said he had never seen his hand before, but afterwards he saw him [...]iting (as he thinks writing) in a writing posture, and there he looked upon that P [...] ­per [Page 78] when he was gone from it while it was wet, and that Character to his thinking was just the character of the letter. Now I must observe this to you. First, supposing it to be true, yet it is some what hard for a man that had never known a mans hand in his life, to see a hand to day, and sometime after to come and see his hand to a Bill of Phy­sick, and to recollect the Character so much backward as to know this is that or that mans hand that I saw before. 'Tis one thing to know hands we are used to, but 'tis another thing if we see a hand that we never saw before in our lives, and then by re­flection at another time, and by comparison of hands to say this is the same, that is hard, but that is supposing it to be true. Sir G. Wakem. as all people will that are accused, does deny the fact, & says there was no such thing. Against him besides he says he saw in a Book that the Jesuit Priests kept among them of their transactions and affairs, he saw in Harcourts Chamber a Book wherein was written. This day (and there was a cer­tain day in Aug. named, but he cannot tell what day) (This day) agreed with Sir G. W, for 15000l. to which he consented, and under was written, Received 5000l. part of 15000l. by Order of Mr. Coleman, George Wakeman. This he says he saw, and he believes that to be the very same hand that he saw before, so it is by a comparison of hands. He does not charge Sir G. W. to the best of my memory, with any positive thing of his own knowledg more than as I tell you of this matter.

Sir R. Saw.

Yes my Lord, he says he saw his Commission.

L. C. J.

Indeed he does say he saw a Commission in his hands to be Physitian Gene-ral of the Army that was to be raised. And that he denied 10000l, and would have 15. The truth I leave with you Gentlemen. Look you Gent. We will shew our selves what we ought to do, let them be as they will, we would not to prevent all their Plots, let them be as big as they can make them) shed one drop of Innocent Blood. Therefore I would have you in all these Gentlemens Cases consider seriously, and weigh truly the Circumstances, and the probability of things charged upon them. There is an additional Evidence against Sir George Walkeman by Bedloe: He says he saw him have a Note for 2000l. which was said came from the Queen, there were dis­courses of Doubtfull words, but whether they be plain enough to satisfie your Con­sciences, when men are upon their Lives, I leave to you. That Sir G. Wakeman, should say, Are you ready for me, why am I dril'd on thus in a matter of this concern. This he would have to imploy the poisoning of the King, but there is but one thing that sounds any thing plain to the matter, and that was this said he, if they miss (speaking of Killing the King) if they miss at Windsor, and you miss your Way, then it shall be done at New-Market. This he did swear directly, and then Sir George Wakeman repli'd he would be ready. Now if you believe this, then there are two witnesses against Sir G. Wakeman, for the matter of the Bill alone would do nothing. But when he says he saw such a Bill it must be for something, and if he did say so, if they miss Killing him at Windsor, and you miss your way we will do it at New-Market, and he replyed, I will be ready, the thing is made plain; I leave it to you, and this is all the Evidence against Sir George Wakeman as I remember. I hope my Brothers if they remember more will repeat it to you. I cannot undertake to repeat every word, I remember so much as is material, and my Brothers I hope will help me out in what they have better observed.

As to Mr. Corker, Oates says that he saw a Letter under his hand, that is, his name I suppose was to it, wherein he consented to the raising the 6000l. which was to be raised out of the Benedict [...]nes Estates, and was in order to the Carrying on of this Plot. I do not find that he does prove that he did know Mr. Corkers Hand. And he says of him further, he was their president, and so it was necessary to have his consent for the raising [...] [Page 79] the Murdering of the King; for said he, he is a man that waits at the Altar, and me­thinks you should choose some fitter person. For that, says Mr. Corker, which he says, that I was president, I was not President, and he makes it necessary for me to set my hand, because I being president it was supposed it could not be done without me, and Dr. Oates does intend such a thing by his inforcing of it too: but he does produce to you two or three witnesses that do say Mr. Stapelton hath been President for 4 or 5 years; and said he, if I were not President, what needs all this ado about my consent, so he contradicts him in that particular that he was not President, and it is not only a bare immaterial thing, because his being President made his hand more necessary to the raising the 6000l. And for that matter of his saying that he did except against Pickering, and they might have chose another, he does not charge him to be actually at the consultation, but he says he knew of it, because he said Pickering was not a fit man to do it. And he said they had better choose a Lay-man. He proves no fact but only these words. And Mr. Bedloe, he speaks against him, and what he says is rather less then what Oates says. For tis that he talked with Le Fever the Priest about the Plot in general words. It may be, he was talking with some body else, and yet he could hear that they talked together in general about it, that is all against him.

Against Mr. Marshall tis rather less then against Corker, that is that he did consent to the 6000l. that should be raised among the Benedictins, he being a Benedictine too, and that he took exceptions against Pickering as Corker did, that it was not convenient to employ him in Killing the King. And this is that Oates says, and that he was a Carrier of Letters up and down, and a Factor that way. And Bedloe says, that he knew that he carried Letters, and was at the Consult where they were read and answered, and when they asked him where, he said at the Benedictine Convent in the Savoy, And names in particular a Letter to Sir Francis Radcliffe, and that there was a discourse concerning the Plot in his hearing.

They say for themselves, they cannot answer any more then by Circumstances, tis a very strange thing, if Dr. Oates knew this of us, why did not he take us before? And says Sir. G. Wakeman, why did not he accuse me of this Letter that he talks of before the King and Council. He makes an Answer which to me indeed is a very faint one, as if he were so weak and tired that he could not speak any word farther. When the Council asked Sir George Wakeman, what he had to say for himself, and he behaved himself ruggedly, they call for Oates again; what, said they do you know any thing of your own knowledge? No said he, God forbid, I know nothing more as Sir Philip Lloyd says, and as the matter speaks: for if he had charged him that he had seen that letter, the Lords would infallibly have committed him. If he had but said, I saw a letter with his Name to it, which by the Character I believe was his, because I saw his writing elsewhere. And tis wonderfull to me, I don't know if a man be never so faint, could not he say, I saw a letter under his hand, as well as I knew nothing more of him, there are as few words in one, as in the other. If he had said I beg your Lo [...]ships or his Majesties Pardon, I am so weak I cannot recollect my self, it had been something, but to make a great Protestation that he knew nothing of him. This is that that is said by Sir Philip Lloyd on his behalf.

These other Gent. say, that Oates did not know them, and the Woman does say that she did tell them when they came to search, that Corker and Marshall were there, and Dr. Oates and they said, they had nothing to do with any but Pickering. [...]hey make answer now and said, that they had no Commission to take any but him. [...]. [Page 80] prehend them. For what defence they make about what talk was had at the Gate­house, tis all contradicted by Sir William Waller. And indeed if it were possible, they have almost undone themselves in their own Defences, by making weak Observations and insisting upon Trivial things; improper for the Court to hear, and impertinent for them to urge. But I deal faithfully with you, I will discharge my own Conscience to you. It lies upon the Oaths of these two men. Tho there was a Plot in general, pro­ved, yet that does not affect these men in particular, but was only used to answer that Objection, that it should not be believed upon Positive Swearing, hand over head, without something else. Here was something else, the Plot in general, and their being Priests is another Circumstance to me, who are mad to bring in Popery, and would do any thing to get their Tyranny again established amongst us. And there is more then probable Evidence of that I assure you.

Sir Tho. Doleman,

did indeed say Mr. Oates way very weak, so that he was in great Confusion, and scare able to stand, weigh it with you how you it will, but to me tis no answer. I tell you plainly, I think, a man could not be so weak, but he could have said he saw a Letter under his hand. It was as short as he could make an answer, and tis strange that he should go and make protestation that he knew nothing. And so I pray you weigh it well, let us not be so amazed and frighted with the noise of Plots, as to take away any mans Life without any reasonable Evidence. It you are satisfied with the Oaths of these two Men so. I have observed to you what Objections they make so themselves, and those objections are materiall. What Sir George Wakman says about his not Accusing him before the Council, and what these men say that he did not apprehend them. And tis very strange they should have so little knowledge, and so little Acquaintance with Oates and Bedloe, and so great a matter as they speak should be true. And tis well enough observed that he was a begging there; 'tis very much that such a man should know of such a great Designe on Foot, and they would use him in that manner. These are the things that I remember worthy of your Conside­ration. These mens Bloods are at stake, and your Souls and mine, and our Oaths and Consciences are at stake. & therefore never care what the World says, follow your Con­science; If you are satisfied these men Swear true, you will do well to find them Guilty, & they deserve to die for it. If you are unsatisfied upon these things put together, & they do weigh with you that they have not said true, you will do well to acquit them.

Mr. Bed.

My Lord, my evidence is not right sum'd up.

L. C. Just.

I know not by what Au­thority this man speaks.

C. Cr.

Make way for the Jury there, who keeps the Jury.

Then an Officer was sworn to keep the Jury, the Judges went off the Bench, leaving Mr. Re­corder and some Justices to take the Verdict. And after, about an H [...]urs space the Jury returned, and the Foreman coming up to the Table, spoke thus to Mr. Recorder.

Foreman.

Sir, The Gen­tlemen of the Jury desire to know, whether they may not finde the Prisoners guilty of Misprision of Treason.

Mr. Recorder.

No, you must either convict them of High Treason, or acquit them.

Foreman.

Then take a Verdict.

Cl. C.

Gentlemen, answer to your names, Ralph Hawtrey.

Mr. Hawtrey.

Here,

&c

Cl. of Cr.

Gentlemen, are you all agreed of your Verdict?

Omnes.

Yes.

Cl. of Cr.

Who shall say for you?

Omnes.

Foreman.

Cl. of Cr.

Sir G. VVa. hold up thy hand (which he did.) Look upon the Prisoner, how say you? Is he Guilty of the High Treason whereof he stands Indicted, or not Guilty,

Foreman.

Not Guilty.

Cap. Richardson.

Down on your knees.

Sir Geoage VVakeman.

God bless the King, and the Honourable Bench.

And in like manner were the other three acquitted▪ Then after the Verdict [...] the Court did Adjourn [...] the Afternoon.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.