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 DVBLIN Reprinted 1679. THE TRYAL'S c. Vpon Fryday the 18th of July 1679. at the Sessionsâ— 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 endeâ—â— 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 fedâ—tion and Rebellion within this Kingdom of England to move stir up and procurâ— 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 disihâ—â— 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 sneâ—â— Religion of God within the sâ—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 tâ—â—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 mâ—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 usâ—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 â—ur said Soveraign Lord the King and in further prosecution of the Treasons traiteâ—ous Conspiraâ—ies intentioâ—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 Commâ—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 Gâ—orge Wâ—keman should have receive exercise the Place and Office of Pâ—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 Treasonâ— traiterous Câ—â—spiracies intentions and Agreements aforesaid the said 30th day of August in the Parish aforesaid in the County aforesaid did faâ—sly subtilly and traiterously consult conclude consent and agree that you the said Wilâ—â—am Marshall William Rumley and other false Traitors unknown should pay the sum of 6000l tâ—wards furthering coâ—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 superstitâ—on of the Church of Rome to alter and the Government of
this Kingdom of England to subâ—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 Wakâ—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 Wâ—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 Islâ—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 Avâ—ry of Enfield Esq Richard White of Cripplegate Gent William Wayte of St Clement Danes Gent Cl. of Cr. Cryer couâ—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 Câ—â—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 Charlâ—s the Second by the Grace of God of England Scotland France and Iâ—eland King Defender of the Faith c. his Supream and Natural Lord not having the fear of God in his heart nor weigâ—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 commâ—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 Govermenâ— of thâ—â— Realm to subvâ—rt and sedition and Rebellion within this Kingdom of England to move stiâ—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 uttâ—â—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 secondâ— at the Parish of St Giles in the Fields in the County of Middlesex aforesaid He the said Jamâ—s 〈◊〉 togâ—ther with the said Thomaâ— White John Feâ—wick William Harcourt John Gaveâ— and A thony Tâ—rper with divers other false Traitors Subjects of our said Soveraign Lâ—rd thâ— King to the Jurors unknown falsly subtâ—lly advisedly maliciously and traitâ—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 uâ—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 Superstâ—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 Câ—â—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 fuâ—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 thâ— County afâ—resaid falsly subtilly advisedly maliciously devillishly and traiterously did prepare perswade excite abet comfort and counsel four other persons to the Jurors unknâ—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 againâ— 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 consenâ— 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 Jesuâ—ts in England who claimed an Authority from the See of Rome of granting out Commission a Commission which constituted him Physiciaâ— 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 wheâ— their Designs were accomplished The Indictment further sets forth that Marshal and Rumley aâ—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 Allegâ—ance agâ—â—nst the Kings Peace Crown and Dignity and against the form of the Statute To this Iâ—â—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 Corkeâ— For that he â—s a false Traâ—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 deaâ—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 faiâ—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 wheâ—ewith the Church of England is eâ—compassed diâ— 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 Nâ—tion at this day but only touch upon those parts of it that â—o concern the prisoners now
at the Bar unless they shall give me occasion to recur to any former passageâ— 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 execâ—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 heaâ—d formerly of the several ways that it was to be acted â—ome persons were desigâ—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 thâ—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 whâ—se near Relationâ— 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 â—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 suâ—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 maleâ—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 Penâ—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 inâ—â—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 innoâ—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 whâ—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. Oâ—tes Mr. Bedlow Mr. Dugdale Mr. Jenison and Mr. Pranâ—â— 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. Ewâ—rs Mr. Gavan Mr. Peters Mr. Lewsâ—n and some other Priests which I cannot now remember their Nâ—mes and they did perswade me to be of the management of the Business for the carâ—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 Oâ—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 coâ—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 Loâ—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. Duâ—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. Hâ—ward of Hâ—recross and Sir James Simms and one Gentâ—â—men that is deâ—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 Siâ— 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 râ—ised Mr. Dugdale Yes there was an Army spoken of to be raised Sâ—r Robert Sawyer By whom Mr. Dugdale There was money ready in July'ast for I saw acquittances that came from Sâ— Omers that the money was paid But then there was Caution given to be sure not to make any Rumor of Arms or any thiâ—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 truâ—y I cannot be certain at present who it was but upon recolâ—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 Dâ—gdale It came from London I sâ—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 Letâ—ers that came from all Parts somâ— 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 Kinâ— 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 beaâ— all the danger Sâ—â— 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 killinâ— the King M. Dugdale Yâ—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 stâ—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 sâ—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. Dâ—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 Mâ— 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
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 â—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 Bosâ—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 anâ— 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 Astâ—ns and the substance of thâ— letter was to justifie the killing of he â—â—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 t is 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 daâ—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 â—lmost a whole Nation are acquainted with it when a few might serve the turn Sir Robert Sawyer Why do you say t is 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 t is fit there should be an account given of it T is 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 Lâ—tters 't is 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 Forcâ—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 'T is 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 Michaâ—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 Candlâ—sticks Mr. J. Atkins You are a Working Goldsmith Mr. Prance Yes Thâ—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 Commissâ—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 â—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 laâ—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 Pâ—ot or imagining â—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 â—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. Bâ—wes being to go down into the North the câ—â—â—stâ—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 Câ—ambeâ— did you Mr. Jennison Yes then I went to mr Irelands Chamber L. C. J. By the Oâ—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 brâ—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 weaâ—iness Mr. Jennison He said he came out of Staffordâ—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
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 Wildâ— 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 Harâ—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 Womanâ— 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 â—ueen and there were these Fathers My Lord in that very month of July Sir Geo. Wakeman was proposed 10â—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 Whos 's 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 Stâ—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 â—ay suppose it was written the 10th of August There was proposed 15â—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 meâ—tion no place where it was Received L. C. J. No. Sir G. Wakeman Noâ— no person it was paid to L. C. J. No he says Aâ—l I saw is this that in the Entry Book someimes kept at Wild-house sometime by Mr. Langhorn theâ—e was wâ—â—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 Gâ—orge Wakeman Dr. Oates This is all I can recollect at present Sâ—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 wiâ—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 saâ—e with that of the Apotâ—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 câ—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 beâ—oâ—e how far I have known your hand I saw a Letter that I sâ—y was signed and subcribed George Wakeman and that was the same hand that was to the Receipt and to the Apothecaries Biâ—l Sir George VVakeman Have you not said positiveâ—y that you do not know it and is not that matter on Record Dâ— Oates I did see a Leâ—â—er subscribed George Wakeman 't is a fine gentile hand and after I saw him in a writing postuâ—â— 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 hâ— 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 eâ—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 Pâ—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 waâ— 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 â—e at the Councâ—â— 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 aâ— 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. Oatâ—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 Couâ—ciâ— 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 câ—n by and by give an answer to it when it is proved by him what I did say â—s to 〈◊〉 Corkeâ— 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 aâ—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 Monkâ— and therefore it was necessary that he should give the Suffrage and he had been with â—ather Lâ— 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 Hâ—â—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
upon the consideraâ—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 Wâ—itehall and received it by the Queens Order from such a Gentleman whose name I cannot now remember and 't is upon such a man for 2000l But I cannot remember the Goldsmiths name neither Well said Sir George 't is 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 haâ—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 't is 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 Chapmanâ— 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 't is 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. Oatâ—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 iâ— 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 't is 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 infiâ—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 â—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 Constâ—â—â—iâ—â—â—le â— in the time I had my liberty and certainly I should have provided for my self if I 〈◊〉 known my seâ—f guilty seeing so many cast into prison upon that account Mr. Recorder 'T is not probable that Mr. Ashby would communicate such a letteâ— 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 't is 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 't is 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 't is 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
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 thiâ— 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 charâ—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 â—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 â—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
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 't is a Copy of what the Clerk wrote That cannot be allowed as Evidence Lydcott 'T is 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 't is 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 mâ—â—t under Mr. Relfs own hand There is a great deal of it that contains the whole Nâ—â—â—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 't is 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 Fâ—â—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 moâ—e Gentlemen We hope to give you satisfaction in this â—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 waâ— 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 Southwâ—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 iâ—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 â—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 Câ—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 maâ—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
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 thâ—n at Tunbridge Câ—rker I tell you siâ—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 Kâ—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 belâ—eve I was actually there at that time from this beâ—ief I did then tell your Lordship that I thought I couâ—d bring Witnesses that would provel was at that Place then According to your Lorâ—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 â—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 chaâ—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 Heâ—kett Corker Smaydon the Porter and his Wife two Children c. Corker Now 't is incredible he shouâ—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 Pembertâ—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 mâ— Stapleton is President of the Benedictines and how long he hath been so for she was House-keeper 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 Bedâ—oe ask her whether ever she saw them in the House in her life Rigby I saw Mr. Oates in the House â—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.
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. Oatâ— 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 Aliâ—â— 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 â—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. Wakâ—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 sâ—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 Biâ— for any money upon this account nor did I ever receive any money L. C. J. Had noâ— you Two thousand pound Sir G. Wakâ—man No my Lord I wish I may never enter into the Kingdom of Heaven if I received one Farthing for any such thing Coâ—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 Anâ—â—ity which I gave amongâ— 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 mâ—â— 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 thoâ—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 irreligioâ—s even to sacriledge and false even to the worst of Aâ—heism My Lord this cannot readily be believed or easily imagined nor will be though it be possible and yet all that wilâ— not believe this must own an innocency where guilt is so strongly supposâ—d And if there be great cause to doubt whether those that were â—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 â—e my Lord who hath owned himself a Vâ—â—lain in print be thought false in his testimoâ—y while preferment tickles him â—â—â—ards march before him and ambition bâ—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 â—â—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 transactâ—â—ns here are the present discourse and entertainment of foreign Nations and without all doubt will be chronicled and subjected toâ— censure of eâ—sâ—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 impâ—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 Reâ—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 scâ—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 't is 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 spokâ—â— 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 't is not any of your Rhetorick can make you be believed I do believe it is possible for an Atheist to be a Papist but 't is hardly possible for a knowing Christian to be a Christian and a Papist 'T is 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 't is strange to me but that Princes abroad think you more conducing to their â—olitick interest else sure they could not endure such Spiritual Tyranny to Lord it â—ver their Souls and their Dominions Therefore never bragg of your Religion for it 〈◊〉 a soul one and so contrary to Christ that t is easier to believe any thing than to beâ—leve an understanding man may be a Papist Well Sir if you have any more to say â—peak it You have provoked me to this and indeed I ought to do it because you â—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 â—now what it is and what merciful men you are and if we look into the bottom of â—ou we know what you were ever since Queen Maries dayes and if we look into â—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
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 Juâ—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 Ordeâ—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 mighâ— 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 â—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 moâ—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 Ellyâ— 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 Lay-man 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 bâ—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 actâ—ally present at the Benedictine Convent when the 6000 l. was agreed to be contâ—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 'T is almost at the furthest end of Westphalia and he says that being there I had oâ—â—â—ourse with le Cheâ—se and the English Monks at Paris about this design I would â—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 Staffâ—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 Moâ—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 laâ— 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 â—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 busineâ— 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 Benâ—h by sight that you never spake to before nor they to you Marshall what day of the month was this Consult Dr. Oâ—tâ— It was in August Marshâ—ll But what day of August Dr. Oates 'T is 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 't is impossible to make a defence if Circumstances of time and place be not mentioned L. C. J. 'T is 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 â—o that it was the day before or the day after Dr. Oates I appeal to the Judges of the Couâ—t L. C. J. If he will say it let him but people are not to be snapt up thus Mr. Oats you are â—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 Irâ—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 Aâ—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 Ormâ—nd Rumley When was Pickeâ—ing taken Dr. Oats He was taken the â—ight before or Michaâ—â—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 reâ—iâ—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. Bedloâ— 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 mistakâ—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 't is 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 dâ—ill'd on in such a Concern as this Says Mr. Harcourt stay Sir George you need not be so hasly to blaâ—â—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