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

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

letter was writ by and who it came from From whom came it Croker That was only to correct a former Lye Mr. Dugd There was J. W. writ to it and I suppose it was from Sir John Warner L. C. J. Where was it dated whence did it come Mr. Dugd. There was one from Paris it was first begun at Paris where Advice was first to be had and Assistance was promised how it should be carried ●n and they thought it was the best way after they 〈◊〉 killed the King for the Papists to give the first Alarm that it was those still King-killing Persbyterians that had done that Act and that then the Church of England men would be willinger to joyn with the Papists to cut them off Lord Ch. Just This was the substance of the letter Mr. Dugdale Yes this was the Substance of the letter And the letters from London said they thought it good Advice and there were several Lords in England set their Hands to it acknowledging it as good advice and in that very letter there was an Army mentioned that there should be an Army ready to cut off those that should escape haveing their Throats cut Lord Ch. Just Who brought that letter Mr. Dugdale I do not know who brought it from London to Bos●obell but there was a special messenger brought it thence to Tixall and his name was Carrington Lord. Ch. Just You say there were several Lords see their Hands to it what Lords were they Mr. Dugdale I have formerly mentioned them there was my Lord Stafford my Lord Bellasis an● my Lord Arundell Lord Ch. Just To what purpose did they set their Hands to it Mr. Dugdale That they approved it as good Advice Lord Ch. Just Then Gentlemen this is that he says Here is a letter that was brought by one Corrington to my Lord Ast●ns and the substance of th● letter was to justifie the killing of he ●●ng by the 〈◊〉 of an Army and that this letter came from S. Omers and that it had the letters J. W. subscribed to it which was supposed to be Sir Iohn Warner and that this letter was looked upon by some at London and that they as approving of it set there Hands to it as good Advice and then sent it down into the Countrey Corker Was the letter dated from St Omers Was St Omers writ in the inside what say you Speak Mr. Dugdale There were 3 letters I say that came in that Pacquet from St. Omers one came from Paris another from St. Omers and another from London L. C. J. And all these in one Cover Mr. Dugdale Yes Sir George Wakeman How could the same Cover cover all those Letters Mr. Dugdale All the letters were covered in Grove's Pacquet L. C. J. Here is the matter he supposes there was a Letter writ first at Paris and that is then sent to St. Omers and then there was a Letter writ there by Sir John Warner or some of them and sent to London and perused in England by the Lords and all sent in one Cover into Stafford-shire Corker Your Lordship makes sense of it but he made none but contradictions and said he did not know whence it came nor who writ it You say Sir you were one of those to kill the King pray when were you to kill the King Mr. Dugdale In October I was to have done it when I came up Corker Mr. Lord here is a Plot and a design driven on several ways to murder the King Dr. Oates in his Narrative as I perceive gives us a description of several Contrivances that were made use of to commit this murther He in all 〈◊〉 Discription tells us only as I take it of 3. Ways of killing the King the one by Grove and Pickering another by the 〈…〉 Relations makes not any mention of a fourth design to kill the King or of any other Plot or design at London to kill the King but he saies if Grove Pickring miscarried it was to be done by the four Ruffians they miscarrying It was to be done by poyson now comes he with a thing that never was thought of before that Oates never gives any relation of Lord Ch. Just What then Corker He my Lord tells us that this was to be done in October when all the other tthings that were to be done were past and what should they design to kill the King in October when it was to be done before in July or August L. C. J. Look you the first part of your Objection wherein you say he names but three wayes of Killing the King what do you infer from that because this Gentleman sayes there was a fourth there was not Dr Oates told you as much as he knew of the matter but he does not undertake to give you an accompt of all the Plot or Plotters in this affair It you make any Reasonable objection against Mr. Dugdale's Testimony I will allow it but these inferences I must not That this is a strange story of Mr. Dugdale's because 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 da●ger in matters of concernment men use to be very circumspect who they choose and make choice of as few as possible but now here is person after person conspiring without end and letters to this person and to that person and nothing is proved to be done upon it so that here is the greatest Confusion imaginable an 100. of men nay ●lmost a whole Nation are acquainted with it when a few might serve the turn Sir Robert Sawyer Why do you say 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

your knowledge of this matter Sir Thomas Doleman My Lord Mr. Oates did appear before the King and Council I think on the Saturdays before which was Michaelmas Eve The Council sat long that morning the Council sat again in the afternoon and Mr. Oates wa● employed that night I think to search after some Jesuits who were then taken and that was the work of that night The Council I think sat again on Sunday in the afternoon Mr Oates was then examined the Council sat long and at night he was sent abroad again to search the Lodgings of several Priests and to find out their Papers which he did seize upon and one of the nights in that season was a very wet night he went either with a Messenger or with a Guard upon him On Monday morning the Council sat again and he was further examined and went abroad and Monday night Mr. Oates was in as feeble and weak a condition as ever I saw man in my life And was very willing to have been dismissed for that time for he seem'd to be in very great weakness and disorder so that I believe he was scarce able to give a good Answer Sir R. Sawyer Was that the time Sir Philip Lloyd speaks of Sir Tho. Doleman I think he was called in on Monday night Sir George Wakeman I received the Summons on Saturday by a Letter from Sir Robert Southw●ll Sir Tho. Doleman You were called in on Monday night the night before the King went to New-market Sir George Wakeman I appeared upon Sunday and was dismissed by Sir Philip Lloyd who came out and let me know that the King said he would have the hearing of it himself the next day Sir Tho. Doleman Then Sir you were called in and you gave your Answer and the whole Council was amazed at the manner of it for you did not in my Opinion or in the Opinion of several others deny it so positively as one that was iunocent could but used many great expressions of your own great Fidelity and Loyalty to the King and your Family and of the Services they had payd the Crown and did require Satisfaction and Reparation for the injury done to your Honour Sir George Wakeman My Lord I will give you a brief Account of it I leave it to you whether I behaved my self i●l or no I confess I think I might have behaved my self more submissively there was nothing of Duty wanting in my mind but I will give you an account of what I said Verbatim My Lord Chancellor told me that I was accused of the blackest of Crimes that I had undertaken to poison the King I asked him who was my Accuser he pointed to Mr. Oates and told me Mr. Oats was my Accuser Says I Mr. Oates do you know me Did you ever see me before Mr. Oates ●said no. Why then said I how come you to be my Accuser Said he I will tell you I was at St. Omers where there was a Consult of the Jesuits at which Mr. Ashby the Rector of the Colledge at St. Omers did preside And in that Consult it was debated who was the fittèst person for that horrid undertaking of Poisoning the King and unanimously it was agreed upon at that Consult that you were Sir George Wakeman by Name and now he says it was debated here in England Then my Lord said I to my Lord Chancellor here is no proof therefore I hope there is no need of any Defence Said he there is no Smoak but there is some Fire My Lord said I if you understand by that there can be no Accusation without some Guilt I should be sorry I should not understand both sacred and prophane History better than to think so Then he pressed me to know what I could say for my self Said I My Lord I come of a loyal Family my Father hath suffered very much to the value of Eighteen Thousand Pounds and more for the Royal Family My Brother raised a Troop of Horse for the King and served him from the beginning of the War to the end He was Major to the Marques of Worcester at Worcester Fight and lost his Life by the wounds he received in the Kings Service As for my own part said I I travelled very young and came over when Ireton was Lord Mayor and both by my Religion and my Name was suspected to be a Favourer of the Royal Party and therefore was imprisoned did not come out till I had given great Security and the second time I was committed was when I entred into a Plot the only Plot I was guilty of I conspired with Captain Lucy and several others to attempt something for His Majesties Restauration when few durst appear for him I wa 〈…〉 ized on in my Bed there were several Arms found in my Apothecaries Cellar and we were both committed to Prison and we should both have suffered Death certainly if his Majesties happy Restoration had not prevented it When my Lord prest me still to say what I could say for my self as to what was charged on me I told him my Lord I am under the most foul and false Accusation that ever innocent Gentleman was and I expect Reparation and upon that they were offended and I was bid to withdraw And I added this beside my Lord that there was not a Family in England that was so much instrumental in his Majesties Restoration as that Family was that Collonel Charles Gifford was my near Kinsman so was Collonel Carlos and that the Pendrels were menial Servants to the Family and I hope they deserve some favour Lord Chief Just What have you to say Sir George in your present Defence here Make what Observations you will now upon the Testimony hath been given against you Sir George Wakeman My Lord I say this if it had been allowed me to make use of the Records of the House of Lords it would have made all things so evident and clear as nothing can be more for then when he was called to that Bar to give an account what he had declared to the House of Commons concerning me he gave an account of this Letter Mr. Just Pemb. Sir George you must not make mention any more of these things that could not be given in Evidence Sir G. Wakeman Then my Lord I have no more to say L. C. J. What say you Mr. Corker C●rker My Lord I hope the Court will not require that I should bring any particular Evidence in Confutation of what is here alledged against me for before I came to this Bar I did not know any particular Accusation that was against me and therefore I could not be ready to answer it and ma●e my Defence or bring particular Witnesses to evidence and shew my innocency Besides my Lord it is a known general maxim That a positive Assertion is as easie to be made as to prove a Negative is oft-times hard if not impossible Men may easily devise Crimes and frame Accusations against

resentments yet it may speak a language that none who are friends of England will be willing to understand Our present transact●●ns here are the present discourse and entertainment of foreign Nations and without all doubt will be chronicled and subjected to● censure of e●s●ing Ages Now My Lord I have great reason to believe That not any one of those Honourable persons that now fit Judges over us would be willing to have their names writ in any Characters but those of a just moderation of a profound integrity of an imp●rial justice and of a gracious Clemency And though we would not be all thought to be well-wishers to the Roman Catholick Religion yet we would be all thought friends to Re●igion and though we exclaim against Idolatry and new principles of Faith yet we all stand up for old Christianity whereas if the testimony of living impety he applauded and admitted of and the cries of dying honesty sc●ffed at and rejected what will become of old Christianity And if any voice cry or protestation of dying men may pass for truth and obtain belief where is now our new Conspiracy The question now seems to come to this the belief of Christianity now in Roman Catholicks and the appearance of their innocency are so fast linked together by those solemn Vows and Protestations of their innocency made by the late executed persons that no man can take up arms against the latter but must proclaim war against the former Nor can our innocency bleed but our Christianity must needs by the same dart be wounded Nor can any Tutelar hand stretch it self forth Lord. Ch. Just North You speak ad faciendum populum and should not be interrupted but only I think you lash out a little too much Marshall I speak this to add the Testimony and solemn vows of the dying to what we say living for our own defence And I desired they may be put in both together and weighed in the scales of an impartial Judgement Now my Lord I say the question seems not so much whether Roman Catholicks are Conspirators as whether indeed they be Christians Nor is it the great doubt now whether they designed to kill the King but whether they believe there is a God For whoever grants this last the belief of a God of a Heaven and an Hell and considers what asseverations they made at their death what solemn Protestations they insisted upon does with the self same breath proclaim them innocent Mr. J. Pemberton But Mr. Marshall will you go on to affront the Court in this manner to vouch for the truth of their speeches which they made at the Gallows and affirm them innocent after they have been found Guilty and executed according to Law Marshal My Lord I do not avouch them innocent I only desire there may be consideration had and that the words of such dying men may be thought of If they did believe a God and a Judgement-seat that they were going to could they be innocent and Christians too L. C. J. I was loth to Interrupt you because you are upon your lives and because '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 spok●● a word in your own defence so wisely have you managed it Mr. Recorder But really for your particular part Mr. Marshall you abound too much in your flowers of Rhetorick which are all to no purpose Marshall I hoped it would be no offence to insist L. C. J. But I will tell you and I 'le he heard as well as you Sir Because of the Protestations of these men which you make a stir about If you had a Religion that deserved the name of a Religion if you were not made up of Equivocation and lying if you had not indulgences and Dispensations for it if to kill Kings might not be meritorious if this were not Printed and owned if your Popes and all your great men had not avowed this you had said something but if you can have absolutions either for 〈…〉 made Saints as Coleman is supposed to be there is an end of all your Arguments There is a God you say and you think we shall go to that God because he hath given us the power we can let our selves in turn the Key upon Hereticks So that if they Kill a King and do all the wickedness they can devise they shall go to heaven at last for you have a trick either you can directly pardon the killing of a King or if you Excommunicate him he is no King and so you may Kill him if it be for the advancement of Religion But it will be in vain for you or any Priest in England to deny this because we know you Print it and publickly own it and no body was ever yet punished for any such Doctrine as this Therefore all your doings being accompanied with such equivocations and arts as your Religion is made up of '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 ●olitick interest else sure they could not endure such Spiritual Tyranny to Lord it ●ver their Souls and their Dominions Therefore never bragg of your Religion for it 〈◊〉 a soul one and so contrary to Christ that t is easier to believe any thing than to be●leve an understanding man may be a Papist Well Sir if you have any more to say ●peak it You have provoked me to this and indeed I ought to do it because you ●ave so much reflected on the Justice of the Court but if you have any thing to say in your defence speak it or to your own particular Case As for your Religion we ●now what it is and what merciful men you are and if we look into the bottom of ●ou we know what you were ever since Queen Maries dayes and if we look into ●he Gun-powder Treason we know how honest you are in your Oaths and what truth there is in your Words and that to blow up King Lords and Commons is with you a mercifull act and a sign of a candid Religion but that is all a story with you