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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63223	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.	1679 (1679)	Wing T2260; ESTC R219798	99,460	81

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 't is 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 't is 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 t is 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 t is 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 I le 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

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 'T is 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

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

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

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 't is 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 't is 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