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A63223 The tryals of Sir George Wakeman Baronet. William Marshall, William Rumley, & James Corker, Benedictine monks For high treason, for conspiring the death of the King, subversion of the government, and Protestant religion. At the Sessions in the Old-Bayley, holden for London and Middlesex on Fryday the 18th. of July 1679. Published by authority. Wakeman, George, Sir, fl. 1668-1685, defendant.; Marshall, William, defendant.; Rumley, William, d. 1717, defendant.; Corker, James Maurus, 1636-1715, defendant. 1679 (1679) Wing T2260; ESTC R219798 99,460 81

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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 Sessions● House in the Old-Bayley London the Court being met and Proclamation made for Attendance the Trials proceeded thus Cl. of Cr. Sir George Wakeman William Marshall and William Rumley to the Bar. Sir George Wakeman hold up thy hand which he did And so of the other two You stand indicted by the names of Sir George Wakeman late of the Parish of St Giles in the Fields in the County of Middl Bar William Marshall of the same Parish and County Gent and William Rumley of the same Parish and County Gent. For that you as false Traitors against the most Illustrious Serene most Excellent Prince Charles the Second by the Grace of God of England Scotland France Ireland King Defender of the Faith c your Supream and Natural Lord the fear of God in your hearts not having nor weighing the duty of your Allegiance but being moved seduced by the instigation of the Devil the cordial love true due natural Obedience which true and faithful Subjects of our said Sovereign Lord the King do of right ought to bear towards him our said Soveraign Lord the King utterly withdrawing and ende●● ouring and intending with all your strength the Peace and common Tranquility of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England used and by the Laws of the same established to overthrow and the Government of this Realm to subvert Sedition and Rebellion within this Kingdom of England to move stir up and procure and the cordial love true due and natural obedience which true and faithful Subjects of our said Soveraign Lord the King ought and of right are bound to bear towards him our said Soveraign Lord the King wholly to withdraw put out extinguish Him our said Soveraign Lord the King to death final destruction to bring put you the said Sir George Wakeman William Marshall William Rumley the 30th day of August in the 30th year of the Reign of our said Soveraign Lord King Charles the Second at the Parish of St Giles in the Field of resaid in the County aforesaid falsly malieiously subtilly advisedly and traiterously did purpose compass imagine intend fed●tion and Rebellion within this Kingdom of England to move stir up and procur● and miserable slaughter among the Subjects of our said Sovereign Lord the King to cause and procure and our said Soveraign Lord the King from his Royal State Title Power and Government of his said Kingdom of England wholly to deprive depose cast down and disih●● herit and 〈◊〉 our said Soveraign 〈◊〉 be King to death and final destruction to being and put and the Government of this Kingdom of England and the sne●● Religion of God within the s●me rightly and by the Laws of the same established at your will and pleasure to change and 〈◊〉 and the State of this whole Kingdom of England through all 〈◊〉 parts well in t●●uted and 〈…〉 wholy to subvert and destroy and War against oursaid Soverain Lord the King within this Kingdom of England to levy to accomplish and fulfill those your m●st wicked Treasons and traiterous imaginations purposes You the said Sir George Wakeman Will. Marshall and Will Rumley and other false Traitors unknown the aforesaid 30th day of August with Force and Arms at the Parish aforesaid in the County aforesaid maliciously subtilly advisedly and traiterously did assemble unite and gather your selves together then and there falsly maliciously subtilly advisedly devillishly and Traiterously did consult consent and agree our said Soveraign Lord the King to death and final destruction to bring and put and the Religion within this Kingdom of England rightly and by the Laws of the same established to change and alter to the Superstition of the Church of Rome and to move procure and perswade them the said William Marshall William Rumley and other false Traiters unknown to the agreement aforesaid to fulfill and accomplish You the said Sir George Wakeman after to wit the said 30th day of Aug. in the Parish aforesaid in the County aforesaid to them the said William Marshal William Rumley and other false Traitors unkown did traiterously promise to give your assistance the Government of this Kingdom to subvert and the true Worship of God in this Realm rightly and by the laws thereof established and us●d to the Superstition of the Church of Rome to alter And that you the said Sir George Wakeman then there falsly malitiously subtilly advisedly devillishly and traiterously did undertake to kill murder ●ur said Soveraign Lord the King and in further prosecution of the Treasons traite●ous Conspira●ies intentio●s and Agreements aforesaid You the said Sir George Wakeman the said 30th day of August at the Parish aforesaid in the County aforesaid falsly traiterously and against the Duty of your Allegiance did receive and had from a certain person unknown pretending to be Provincial of the Jesuits in England and claiming Authority for the Granting Comm●ssions in that part from the See of Rome one Commission to institute and authorise you the said Sir George Wakeman to be Physitian General of the Army to be raised for the waging War against our said Sovereign Lord the King within this Kingdom of England and the same Commission then and there falsly advisedly maliciously and traiterously did inspect and read over and traiterously did keep in your possession and to the same falsly knowingly advisedly and traiterously did consent and agree with that intention that you the said Sir G●orge W●keman should have receive exercise the Place and Office of P●ysitian General of the Army aforesaid when you the said Sir George Wakeman William Marshall William Rumley and the said other false Traitors unknown should have performed and accomplished your Treasons compassings imaginations purposes and traiterous Agreements aforesaid And that you the said William Marshall and William Rumley in further prosecution of your Treason● traiterous C●●spiracies intentions and Agreements aforesaid the said 30th day of August in the Parish aforesaid in the County aforesaid did fa●sly subtilly and traiterously consult conclude consent and agree that you the said Wil●●am Marshall William Rumley and other false Traitors unknown should pay the sum of 6000l t●wards furthering co●summating the Traiterous Agreements aforesaid amongst the said false Traitors had our said Soveraign Lord the King to kill and murther the true Worship of God within this Realm rightly and by the Laws of the same established to the superstit●on of the Church of Rome to alter and the Government of
this Kingdom of England to sub●ert against the duty of your Allegiance against the Peace of our said Soveraign Lord the King his Crown and Dignity and against the form of the Statute in this case made and provided Cl. of Cr How sayest thou Sir George Wakeman art thou guilty of this High-Treason whereof thou standest Indicted or not guilty Sir George Wakeman Not Guilty Cl. of Cr. Culprit how wilt thou be tried Sir George Wak●man By God and my Country Cl. of Cr. God send thee a good deliverance And so the other Two Cl. of Cr. Set James Corker to the Bar. who was arraigned and pleaded the last Sessions James Corker hold up thy hand You the Prisoners at the Bar Sir George W●keman William Rumley William Marshal and James Corker Those men that you shall hear called and personally appear are to pass between our Soveraign Lord the King you upon trial of your several Lives and Deaths If therefore you or any of you will challenge them or any of them your time is to speak unto them as they come to the Book to be sworn and before they be sworn Call Ralph Hawtrey Esq who appeared and there being no challenges the 12 that were Sworn are as follows JURY Ralph Hawtrey of Rislipp Esq Henry Hawley of New Brantford Esq Henry Hodges of Hanwell Esq Richard Downton of Isl●worth Esq John Bathurst of Edmunton Esq Robert Hampton of Greenford Esq William Heydon of Greenford Esq John Baldwyn of Hillingdon Esq Richard Dobbins of Harvile Esq William Av●ry of Enfield Esq Richard White of Cripplegate Gent William Wayte of St Clement Danes Gent Cl. of Cr. Cryer cou●t these Ralph Hawtrey Cryer One c. Cl. of Cr Richard White Cryer Twelve good men and True stand together and hear your Evidence Then the usual Proclamation for information was made and the Prisoners being bid to hold up their hands the C●●rk of the Crown charged the Jury with them thus Cl. of Cr. You of the Jury look upon the Prisoners and hearken to their Cause They stand indicted by the names of prout in the Indictment mutatis matandis and against the form of the Statute in that case made and provided And he the said James Corker stands indicted by the name of James Corker of the Parish of St Giles in the Fields in the County of Middlesex Clerk For that he with Thomas White John Fenwick William Harcourt John Gaven and Anthony Turner as a false Traitor against the most Illustrious most Serene and most Excellent Prince Charl●s the Second by the Grace of God of England Scotland France and I●eland King Defender of the Faith c. his Supream and Natural Lord not having the fear of God in his heart nor weig●ing the Duty of his Allegiance but being moved and seduced by the instigation of the Devil the cordial love true due and natural Obedience which true and faithfull Subjects of our said Soveraign Lord the King towards him should and of right ought to bear wholly withdrawing and devising and withall his Strength intending the Peace and comm●n Tranquility of this Realm to disturb and the true Worship of God within this Kingdom of England used and by the law Established to overthrow and the Govermen● of th●● Realm to subv●rt and sedition and Rebellion within this Kingdom of England to move sti●up and procure and the cordial love and true and due Obedience which true and faithful subjects of our said Soveraign Lord the King towards him should and of right ought to bear utt●●ly to withdraw put out and extinguish and our said Soveraign Lord the King to death and final Destruction to bring and put on the 24th day of April in the thirtieth year of the Reign of our said Soveraign Lord King Charles the second● at the Parish of St Giles in the Fields in the County of Middlesex aforesaid He the said Jam●s 〈◊〉 tog●ther with the said Thoma● White John Fe●wick William Harcourt John Gave● and A thony T●rper with divers other false Traitors Subjects of our said Soveraign L●rd th● King to the Jurors unknown falsly subt●lly advisedly maliciously and trait●rously 〈◊〉 purpose compass imagine and intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable slaughter among the Subjects of our said Soveraign Lord the King to procure and cause and our said Soveraign Lord the King of his Kingly State Title Power and Government of his said Kingdom of England u●terly to deprive depose cast dawn and disinherit and him our said Soveraign Lord the King to death and final destruction to bring and put and the Government of this Kingdom of England and the sincere Religion of God within the same rightly and by the Laws of the same established at his will and pleasure to change and alter and the state of this whole Kingdom of England through all its parts well instituted and ordained wholly to subvert and destroy and War within this Kingdom of England against our said Soveraign Lord the King to levy And to accomplish and fulfil their said most wicked Treasons and traiterous imiginations and purposes He the said James Corker together with the said Thomas White John Fenwick William Harcourt John Gavan and Anthony Turner and other false traitors against our said Soveraign Lord the King to the Jurors unknown the said 24th day of April with Force and Arms c. in the Parish aforesaid and County aforesaid falsly maliciously subtilly advisedly devillishly and traiterously did assemble unite and gather together and then and there falsly maliciously subtilly advisedly devillishly and troiterously did consult consent and agree our said Soveraign Lord the King to death and final destruciton to bring and put and the Religion of this Kingdom of England rightly and by the Laws of the same established to the Superst●on of the Romish Church to change and alter and the Government of this Kingdom of England to subvert and that one Thomas Pickering and one John Grove should kill and murder our said Soveraign Lord the King and that he the said James C●●ker together with the said Thomas White John Fenwick William Harcourt John Gavan and Anthony Turner and other false traitors against our said Soveraign Lord the King to the Jurors unknown should therefore say celebrate and perform a certain number of Masses then and there amongst themselves agreed on for the soul of the said Thomas Pickering and for that cause should pay to the said John Grove a certain sum of money then and there amongst themselves agreed on and that be the said James Corker together with the said Thomas White John Fenwick William Harcourt John Gavan and Anthony Turner and other false traitors to the Jurors unknown in further prosecution of the Treasons and traiterous Consultations and Agreements aforesaid afterwards the said Four and twentieth day of April and the Parish aforesaid in the County aforesaid falsly subtilly advisedly maliciously devillishly and traiterously did severally
each to the other engage themselves and upon the Sacrament traiterously did swear and promise to conceal and not to divulge the said most wicked Treasons and traiterous Compassings Consultations and Purposes aforesaid amongst themselves had traiterously to kill and murder our said Soveraign Lord the King and to introduce the Romish Religion within this Kingdom of England and the true reformed Religion within this Realm rightly and by the Laws of the same established to alter and change and that he the said James Corker together with the said Thomas White John Fenwick William Harcourt John Gavan and Anthony Turner and other false Traitors to the Jurors unknown in fu●ther prosecution of their said Treasons and traiterous intentions and agreements aforesaid afterwards the said Four and twentieth day of April at the Parish aforesaid in th● County af●resaid falsly subtilly advisedly maliciously devillishly and traiterously did prepare perswade excite abet comfort and counsel four other persons to the Jurors unkn●wn subjects of our said Soveraign Lord the King traiterously our said Soveraign Lord the King to kill and murder against the Duty of his Allegiance against the Peace of our Soveraign the King his Crown and Dignity and again● the form of the Statute in that Case made and provided Upon these several Indictments they have been arraigned and thereunto have severally pleaded Not Guilty and for their Trial put themselves on God and their Countrey which Countrey are you Your Charge is to enquire whether they be Guilty of the High Treason whereof they be indicted in manner and form as they stand indicted or not Guilty c. Then Edward Ward Esq of Counsel for the King in this Cause opened the Indictment thus Mr. Ward May it please your Lordship and you Gentlemen of the Jury Sir George Wakeman Bar. William Marshal and William Rumley the Prisoners at the Bar stand indicted for that they as false Traitors against our Soveraign Lord the King Charles the Second their Supream and Natural Lord not having the fear of God before their eyes did traiterously endeavour and intend with all their strength the Peace 〈◊〉 Tranquility of this Kingdom of England to disturb and the Worship of God in the same rightly and by the Laws of the same established and the Government of the Kingdom in all its parts well instituted and ordered to subvert and overthrow and Sedition and Rebellion within the same to move and procure and to bring and put the King to death and final destruction and to that purpose the 30th of August in the 30th year of the King that now is they did falsly maliciously subtilly advisedly and traiterously compass imagine intend and devise those things that I have enumerated to you that is Sedition and Rebellion in the Kingdom to move the Peace and Tranquility of the same to disturb the Worship of God to overthrow and the King from his Royal State Title Power and Government wholly to depose and to put the King to death and final destruction and the Religion at their wills and pleasure to alter and to introduce the Romish Superstition and War within the Kingdom to levy against our Soveraign Lord the King And to accomplish these Treasons and purposes they the Prisoners at the Bar with other false Traitors unknown the day and year before mentioned did assemble and meet together and did then and there consen● and agree to put the King to death and final destruction And to perswade Marshal and Rumley to these Treasons the said Sir George Wakeman promised his assistance first to subvert the Government and then to alter the Religion to the Romish Superstition and traiterously undertook to kill the King and he did receive for that purpose from the pretended Provincial of the Jesu●ts in England who claimed an Authority from the See of Rome of granting out Commission a Commission which constituted him Physicia● General of the Army which Army was to be raised for the levying of War against the King and the Subversion of the Government and Religion That he read this Commission that he kept it in his possession that he consented to it accepted it and intended to execute the Employment whe● their Designs were accomplished The Indictment further sets forth that Marshal and Rumley a●d other false Traitors agreed to pay the sum of 6000l for the carrying on and effecting of this Treason and this is laid to be against the duty of their Alleg●ance ag●●nst the Kings Peace Crown and Dignity and against the form of the Statute To this I●●ictment they have pleaded Not Guilty if we make out these Crimes against them or any of them you are to find them Guilty There is also another indicted that is James Corke● For that he ●s a false Tra●tor against the King and withdrawing his Allegiance and due and natural Obedience which he owed to him as his Soveraign together with other persons there mentioned White Fenwick Harcourt Gaven and Turner did intend to overthrow the Religion to subvert the Government and to do all those Treasons that I have here enumerated and that they did the 24th of April in the 30th year of this King at the Parish of St. Giles in the Fields in your County compass and imagin the Kings dea●h levying of War and those other Things and in order thereunto they did contrive that Pickering and Grove should kill the King and that Corker and the others should say Masses for the Soul of Pickring and should pay Grove a sume of money That to this they plighted their fai●h and received the Sacrament upon 〈◊〉 And the Corker and others the day and year aforesaid traiterously perswaded excited and abetted Four other persons to murder the King To this he hath pleaded not Guilty if we prove him Guilty of any of these things we hope you will find it so Then Sir Robert Sawyer one of the Kings learned Council in the Law opened the Chargethus Sir Robert Sawyer My Lord you Gentlemen of the Jury the Prisoners at the Bar with whom you are charged stand indicted as principal Actors and Instruments of that late most Catholick and Bloody Plot sometime since discovered and I hope by the blessing of A mighty God in a great measure prevented The design Gentlemen was against the King and the Church both Church and State were too little a Sacrifice to be offered up to the Universal supremacy of Rome They well knew Gentlemen that so long as God should preserve the life of our Prince and as long as those Legal pales whe●ewith the Church of England is e●compassed di● but continue firm neither the Gates of Hell nor Rome could prevail against it And I wish that all Protestants were of the same mind I shall not enter now into any large discourse of it nor trace the several steps of this Plot which is so well known to all men of this N●tion at this day but only touch upon those parts of it that ●o concern the prisoners now
my Hand as far as I can see Dr. Oats That Note he gave to Fenwick for the receiving this money was the same Hand with this and so was the letter that came as we suppose from Lampspring in Germany but I cannot say it did so wherein he did give consent to the raising and giving this 6000 l. for the carrying on of the Design Sir Rob. Sawyer What was that you had more recollected Dr. Oats He did dispose of the Queens Charity as it was so called but mr Corker did say it was to carry on the Design and this he did say in the month of June when he was with mr Fenwick Now what he meant by that Design I leave to the Ju●y to judge only some parcels he had distributed two or three shillings to some and forty shillings to another to some more to others less but a great part of it he did use for the carrying on of this Design and he said the Queen had given him Orde●s so to do Sir Rob Sawyer What do you know of his being privy to the Consult of the 24th of April Dr. Oats He did know of it and I will tell your Lordship how I know he knew of it He did except against Pickering being chosen L. C. J. To do what Dr. Oats To do that wicked thing to kill the King for said he Pickering is commonly attendant upon the Altar and he thought it not so convenient that he should be employed about that business because he might miss an opportunity by being at High Mas whereas another a Lay-man migh● do it Sir Rob. Sawyer Were you present when the exception was made Dr. Oats Yes it was when the Order was given about the money to ●enwick L. C. J. At whose house was it Dr. Oates At the Benedictine Convent in the Savoy Sir Rob. Sawyer Was it expressed at that time what Pickering was to do Dr. Oats His being privy to the Consult in April I had it only from his own mo●th for he wondered that the Jesuits should employ Pickering in that business when they might have a Lay-man who was more fit he being a Religious man and attending upon the Altar it was not so convenient L. C. J. Where was that 6000 l. to be raised Dr. Oates Out of the Benedictinct Estates L. C. J. Was he their President Dr. Oates Yes he was Mr. Just Elly● Dr. Oates was he against the thing the doing of it at all or against Pickerings doing of it only Dr. Oates He was only against Pickerings doing of it He would have had a 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 b●t that because he had given his Consent the mony was paid L. C. J. Do you know it was afterward paid Dr. Oates I believe that the money was paid for our Fathers said that they had received it Mr. Recorder What say you to the rest of the Prisoners Dr. Oates Mr. Marshal I do charge with the same that is that he was act●ally present at the Benedictine Convent when the 6000 l. was agreed to be cont●ibuted but it was not to be paid till they had an Answer from Mr. Corker Sir Rob. Sawyer That Letter you speak of was an Answer to it I suppose Dr. Oates Yes my Lord it was so Sir Rob. Sawyer What do you know of the Consult was he privy to that Dr. Oates I will not be positive as to mr Marshals being privy to the Consult I know that he was privy to Pickerings undertaking to kill the King Sir Rob. Sawyer How do you know that Dr. Oates Because he was of Corkers Opinion that they had better take a Lay-man Mr. Recorder What say you to Rumley Dr. Oats He is a Benedictine Monk or at least-wise a Lay-brother And he was privy to this Consult in which the 6000 l. was agreed to be paid and given and I do judge he did consent to it for he did pray God that it might have good success and that the Catholick Cause might once again flourish in England L. C. J. North He was there then was he not Dr. Oates Yes he was there but only as a Servant a Lay-brother of that Order L. C. J North Why is he professed Dr. Oats Yes I think he is L. C. J. North What time was this Mr. Oats Dr. Oats In August L. C. J. North Was it the former part of August Dr. Oates I cannot be positive but I think it was Sir Rob. Sawyer Can you say any thing more against the rest of the Prisoners Dr. Oates I do not recollect any thing more at present Mr. Ward Now Gentlemen if you please to ask him any Questions you may Rumley Were you there present Dr. Oates Yes I was Rumley Was it in the month of August Dr. Oates Yes it was Sir Rob. Sawyer Will any of you ask him any more Questions Corker He says I went in June to Lampspring now I would ask Mr. Oates where Lampspring is Dr. Oates We suppose it to be in Germany Corker 'T is almost at the furthest end of Westphalia and he says that being there I had o●●●ourse with le Che●se and the English Monks at Paris about this design I would ●ain make sense of this if I could Dr. Oates To satisfie Mr. Corker I cannot say that he went to Lampspring but only as he said himself and they used to say they go to one place when they go to another as Ireland said he went to St Omers when he went into Staff●rdshire Corker Where and when did I give my Consent to the design about murthering of the King for you named the 24th of April Dr. Oates This is that I say to the Court that the privity that Mr. Corker had of the Consult of the 24th of April was that I had out of his own mouth in which he did declare that he did think the Jesuits had not done well to make choice of one of their Order to do that business since he was to attend upon the Altar but it would have been well if they had made choice of some other Lay-man to match Grove Corker You tell me I had a Patent to be Bishop of London Dr. Oates I saw it in your own hand Corker Who gave me that Patent Dr. Oates I did not enquire into that Cor. Did you hear me say I accepted of it and should be Bishop of London Dr. Oates I heard you say this you hoped it would not be long e're you should exercise your Episcopal Function At which the people laughed Dr. Oates I now recollect something more I remember Mr. Marshal was present when Father Hitchcot and Father Howard and Conyers the Benedictine Mo●k were there present about the laying of a Wager whether or no the King should