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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

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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 t is 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
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