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 on Fryday the 18th. of July 1679. Published by authority. 1679 Approx. 339 KB of XML-encoded text transcribed from 41 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A63223 Wing T2260 ESTC R219798 99831245 99831245 35708

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Early English books online. (EEBO-TCP ; phase 1, no. A63223) Transcribed from: (Early English Books Online ; image set 35708) Images scanned from microfilm: (Early English books, 1641-1700 ; 2116:04) 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 on Fryday the 18th. of July 1679. Published by authority. Wakeman, George, Sir, fl. 1668-1685, defendant. Marshall, William, defendant. Rumley, William, d. 1717, defendant. Corker, James Maurus, 1636-1715, defendant. 80 p. [s.n.], Dublin : reprinted 1679. The words "William Marshall, .. Corker," are gathered by a right brace on the title page. Copy cropped at foot. Reproduction of the original in the British Library.

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eng Charles -- II, -- King of England, 1630-1685 -- Early works to 1800. Wakeman, George, -- Sir, fl. 1668-1685 -- Trials, litigation, etc. -- Early works to 1800. Marshall, William -- Trials, litigation, etc. -- Early works to 1800. Rumley, William, d. 1717 -- Trials, litigation, etc. -- Early works to 1800. Corker, James Maurus, 1636-1715 -- Trials, litigation, etc. -- Early works to 1800. Trials (Treason) -- England -- Early works to 1800. 2006-08 Assigned for keying and markup 2006-09 Keyed and coded from ProQuest page images 2008-08 Sampled and proofread 2008-08 Text and markup reviewed and edited 2008-09 Batch review (QC) and XML conversion

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 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.

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, 〈◊〉 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, 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. 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 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 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.

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.

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.

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.

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 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 〈…〉 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 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.

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.

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, 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.

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 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. 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,

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, 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.

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.

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.

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.

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.

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 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 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 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 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,

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 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 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. 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,

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,

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 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, 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.

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 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.

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,

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.

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 ••• i ••• 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.

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,

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 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 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 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 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.

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 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,

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 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, 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 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 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 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 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 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 〈◊〉 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 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, 〈…〉 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 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.

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 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,

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,

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

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 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 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 〈…〉 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? 〈…〉 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.

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 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 〈…〉 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. 〈…〉 . 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.