the 24th of April, that I conspired the killing of the king. Now I could prove the contrary of that I thought, for I remember, and so my friends know very well, that I always in the spring time I go once or twice most commonly about 30 miles out of town, to take the air. So my Lord, from that observation I did really believe I was actually there at that time; and from this belief I did then tell your lordship, that I thought I could bring witnesses that would prove I was at that place then. According to your lordship's 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 ask 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 than my witnesses should speak what was false or doubtful. Marshal. I desire that one Thomas Sumner may be called. He was the man that went down to fetch up the witnesses from Farnborough. Recorder. What is your witness, Mr. Corker? Corker. My Witness's name is Ellen Rigby. [who stood up.] L. C. J. 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 they then charged me or said I was the person that they had nothing at all to do with? Marshal. And me the same. L. C. J. Do you hear the question? Rigby. There were five or six, Mr. Oates and Mr. Bedlow. Corker. I desire to know this of you, Have you not heard all along that Mr. Stapleton is President of the Benedictines, and how long he hath been so, for she was housekeeper? Marshal. Who is President of the Benedictines? I Rigby. Mr. Stapleton. Corker. How long hath he been so? Rigby. Four years and a quarter, for any thing L. C. J. In his absence, who was? L. C. J. Did not Corker officiate? L. C. J. Do you know who did? 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. Marshal. Now, my lord, since she is here, let her see Mr. Oates and Mr. Bedlow; ask her whether ever she saw them in the house in her life. Rigby. I saw Mr. Oates in the house; he came a begging to Mr. Pickering for charity. L. C. J. What was the time? Rigby. This summer was twelvemonth; And Mr. Pickering bid me shut the door, and never Corker. Was not I in the Savoy when Pick- let that man come in again. ering was taken ? Rigby. The company that came and searched the house for Pickering. L. C. J. Was Mr. Ŏates there? 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 Mr. Pickering. L. C. J. North. Who did you tell were in the house? Rigby. I told them there was Pickering, Marsh, Heskett, Corker, Smaydon the porter and his wife, two children, &c. Corker. Now it is incredible he should search Marshal. 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 should 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. Marshal. I desire he may be asked, whe ther he does not know that here were witnesses to testify I was then at Farnborough. L. C. J. This is not a question to be asked what another body can swear. Marshal. He was sent down, my lord, to fetch the witnesses up. L. C. J. Well, to satisfy you, we will ask the question, though it be improper: Were you sent down for witnesses? Sumner. Yes, my lord. L. C. J. Why did not they come? Sumner. They did come. L. C. J. Why are they not here? The last sessions was adjourned particularly to a certain day, and you knew when you were to be tried. Recorder. For this very reason, that all might take notice of it, it was adjourned to the 16th day at this place. Marshal. Your lordship does suppose we have a better purse than we have: Would you have them leave their employments, and come up, and be at great charges? it is not in the capacity of every one to endure it. L. C. J. What would you have us do in this case? Marshal. What is but reasonable. Give me but three or four days time, and I can have my witnesses up. Just. Dolben. I pray ask them whether they were not told of the time of their trial? L. C. J. Why did not you send for them before, when you knew what day it was to be? Just. Dolben. You knew as much before as you do now. If you did not, what did you send for them up for then, more than now ? Corker. There was no certainty at all of the time when we should be tried. We were told it was near, but not the very day; some said the 12th, some the 14th, some the 16th, some not at all. Recorder. You must not say so; for notice was publicly given here that it should not be till the 16th, and the sessions was adjourned till then. Marshal. I was told it would be two or three days after last term. I confess God Almighty hath been pleased to give me a long imprisonment to prepare for my last close. I do not fear death, though it should appear in far more frightful shapes, than that we may be like to suffer. So, my lord, it is not so much concernedness for my own life, as for honour and justice of the court, that I plead for a respite to have witnesses that may positively and particularly disprove the testimony of Mr. Oates. And all the world will think it an hard case when I do attest and call to witness such as have a great probability to prove what I say to be true; when I can have such a numerous train of witnesses to prove that I was that particular day threescore miles out of London, and would positively swear it, if permitted. It will be hard, and will, I fear, draw an heavy censure upon this honourable court, if some time be not allowed. L. C. J. It cannot be allowed you, for then we must tie up the jury, and make them fast all the time. L. C. J. Why then were they not here? Marshal. Pray, my lord, give me leave. I hope I shall not speak more than is reasonable and just, and then I care not how it succeeds. Every judge is as much obliged to follow his conscience, as any formality in law. L. C. J. Pray teach your own disciples, don't teach us: You come and talk here what regard we are to have to our own consciences, as if we did not know that better than any papist or priest in the world. Marshal. I suppose that, and it is rational too. And I do suppose that this bench is infinitely just and merciful, and upon that supposition I plead. Then if there be great reason to believe that I can disprove Mr. Oates in his positive testimony, then there is great reason to believe that I can save my life. And if there be reason to believe that I can save my life, I suppose there will be more regard to this chan to any formality of law. Be pleased to ask him whether he were not to fetch witnesses that could attest this. L. C. J. What can you say? Sumner. I went down into the country for witnesses. L. C. J. Why did you not bring them up against this time? Sumner. I had no order for this time. Marshal. We did not know when we should be tried. Cl. of the Peace. My lord, I did tell the messenger when the sessions was. L. C. J. Did the officers here acquaint you when the sessions was? Sumner. I had order from capt. Richardson at first, I did ask leave to go down to fetch his witnesses; says capt. Richardson, you have order to do what he shall direct, to provide him his witnesses; that was for the last, not for this. How far were the witnesses off? L. C. J. Sumner. L. C. J. Why, you have had notice long. enough of your trials, to get up witnesses threescore miles. Recorder. Capt. Richardson, Did not you tell the prisoners when their trials would be? Justice Dolben. They had all notice of the sessions by the adjournment, and should have provided for it. Capt. Richardson. Ever since the last sessions they have all of them had the permission of any people to come to them in order to the preparing for their trials, L. C. J. As when? Capt. Richardson. As for this sessions. L. C. J. First you did know that the sessions did begin on Wednesday; if you had prepared yourselves against Wednesday, you had been delayed but for two days. Marshal. But how could I prepare witnesses for that which I did not know would be testified against me? L. C. J. Why did you prepare them for the last trial? why had you not the same witnesses you had then? 2 X Marshal. Because it was upon somewhat be had said upon my taking, that he saw me in June and July, I did provide witnesses for it. Justice Pemberton. He holds to the very iny he said first, and this is but plain trifling. L. C. J. Truly, if the merit of your cause e no better than such weak assertions, your efence is but very poor. Marshal. But that I humbly offer, is this, whether you will believe I can have such witesses, and therefore stay till they be sent for. Justice Dolben. We have no reason to beheve you. Justice Wyndham. We have no reason to believe you, when you have had time to prove at, and have not got them. L. C. J. Why were they not here now? Marshal. My lord, I do give you a double reason. Then, my lord, I offer this, that my une is in no list, paper, nor narrative that ver was put forth; and if I had been guilty, s he says, would not he have named me mongst the other conspirators.? L. C. J. No, I think he should not, it would ve given you notice, and too much opportuity to have gone away. Marshal. the in my hed. He gave me leave, when he left L. C. J. But yet for all that it does not prove your innocency. All people that are guilty, do not run away for it, for you have bundance of priest-holes, and hiding-holes. Well, have you any more witnesses? if you ve, call them. Corker. Call Alice Broadbead [but she did At presently appear;] then I desire Mrs. Eliz. cldon may be called; [Who being in the lery, answered and came down.] Marshal. I do desire to know whether she ows who is president of the Benedictine onks? L. C. J. Who is president of the Bene.ictines, mistress? Sheldon. Mr. Stapleton. L. C. J. How many years hath he been? Sheldon. A great many years, my lord, to my Lowledge. L. C. J. How many? Four or five years. Recorder. Where is Dr. Oates? call him. L. C. J. But if he were absent did not Mr. rker officiate in his place? Sheldon. Never, my lord. Corker. Mr. Stapleton was actually at Paris en I was there, and therefore I could not ciate in his stead; there is another that can tify the same, that is Alice Broadhead, [Who peared then.] Pray ask her the same ques senting to the Benedictines contribution of 6,000l. 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 ready to swear, that Mr. Stapleton is president, was so these many years, and I never was so in ny life. Recorder. Here is Dr. Oates again now. [But he was not examined.] L. C. J. Have you done now, all three ? Sir G. W. 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 sufficiently 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 bill for any money upon this ac count, nor did ever receive any money. L. C. J. Had not you 2,000l.? Sir G. W. No, my lord, I wish I may never enter into the kingdom of Heaven, if I received one farthing for any such thing. Corker. He says, that I was employed in distributing monies; and I profess before God, I never distributed any money upon such ac count; all that I had was an annual annuity which I gave amongst 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 Catholic 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. Marshal. 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 may; 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, those 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 and 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 human nature, and chains it fast to the present world. But, my lord, with L. C. J. North. You speak ad faciendum populum, and should not be interrupted, but only I think you lash out a little too much. Marshal. I speak this to add the testimony and solemn vows of the dying, to what we say living for car own defence. And I desired they may be put in both together, and weighed in the scales of an impartial judgment. Now, my lord, I say, the question seems not so much whether Roman Catholics 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 be lief 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 proclaims them innocent. the approach of death, reformation of con- | dying-honesty scoffed at and rejected, what science does offer to advance, and we do ob- will become of old Christianity? And if any serve those who have lived a very ill life, fre- voice, cry, or protestation of dying men mas quently to make a good end; but, my lord, it is a pass for truth, and obtain belief, where is now thing scarce ever heard of or known, that those our new conspiracy? The question now seems who have lived all their lives weli, should die to come to this, the belief of Christianity now ill. Nor can such as were looked upon while in Roman Catholics, and the appearance of they lived as persons of much integrity, great their innocency, are so fast linked together by candor of spirit, and unquestionable truth in those solemn vows and protestations of their all their attestations, dying, should become innocency, made by the late executed persons, prophane to blasphemy, become irreligious that no man can take up arms against the lat even to sacrilege, and false even to the worst ter, but must proclaim war against the former. of atheism. My lord, this cannot readily be be- Nor can our innocency bleed, but our Chrislieved, or easily imagined; nor will be, though tianity must needs by the same dart be wound it be possible; and yet all that will not believe ed. Nor can any tutelar hand stretch itsel this, must own an innocency where guilt is so forthstrongly supposed. And if there be great cause to doubt whether those that were lately executed, and were supposed to be leaders in this conspiracy, were guilty npon 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 to the great conspirators, may not wholly be 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 threatening to inguiph him; may not he, my lord, who hath owned himself a villain in print, be thought false in his testimony, while preferment tickles him, rewards march before him, and ambition beckons to him, which he greedily follows, though God and conscience tell him it is unjust ?-England is become now a mournful theatre, upon which such a tragedy is acted, as turns the eyes of all Europe toward 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 in spires 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 transactions here, are the present discourse and entertainment of foreign nations; and without all doubt will be chronicled and subjected to the censure of ensuing ages. Now, my lord, I have great reason to believe, that not any one of those honourable persons that now sit 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 impartial justice, and of a gracious clemency. And though we would not be all thought to be well-wishers to the Roman Catholic religion, yet we would be all thought friends to religion; 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 impiety be applauded and admitted of, and the cries of Justice Pemberton. But Mr. Marshal, 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 judgment-seat that they were going to, could they be innocent and Christians too? L. C. J. I was loth to interrupt you be cause you are upon your lives, and because it is fit you should have as much indulgence as can be allowed. Your defence hath been very mean, I tell you beforehand; your cause looked much better before you spoke a word in your own defence, so wisely have you managed it. Recorder. But really for your particular part, Mr. Marshal, you abound too much in your Bowers of rhetoric, which are all to no purpose. Marshal. I hope it would be no offence to insist L. C. J. But I will tell you, and I will be heard as well as you, Sir; because of the protestations of these men, which you make so much 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 money, or because you have advanced the Catholic cause as you call it, and can be 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 ourselves in and turn the key upon heretics. 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 publicly own it, and nobody 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, it is not any of your rhetoric can make you be believed. I do believe it is possible for an atheist to be a papist, but it is hardly possible for a knowing Christian to be a Christian and a Papist. It is hardly possible for any man of understanding, setting aside the prejudices of education, to be a Papist and a true Christian, because your doctrines do contradict the foundations of Christianity. Your doctrine is a doctrine of blood and cruelty, Christ's 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 filled with pride, and mad till you come again into the possession of the tyranny which you once exercised here: insomuch that it is strange to me, but that princes abroad think you more conducing to their politic interest, else sure they could not endure such spiritual tyranny to lord it over their souls and their dominions. Therefore never brag of your religion, for it is a foul one, and so contrary to Christ; that it is easier to believe any thing, than to believe an understanding man may be a Papist. Well, Sir, if you have any more to say, speak it. You have provoked me to this and indeed I ought to do it, because you have 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 partiAs for your religion, we know what it is, and what merciful men you are: and if we look into the bottom of you, we know what you were ever since queen Mary's days: and if we look into the Gunpowder Treason, we know how honest you are in your paths, and what truth there is in your words, and that to blow up King, Lords and Commons, is with you a merciful act, and a sign of a candid religion; but that is all a story with you, for it is easier for you to believe, that a cular case. saint, after her head is cut off, did go 3 miles with her head in her hand, to the place where she would be buried, than that there was a Gunpowder Treason. [At which the people gave a shout.] L. C. J. North. You must not meddle any more with the speeches of those that died. Marshal. I did not intend, my lord, to call any thing of justice in question. L. C. J. What, do you think we will be imposed upon in this manner? Perhaps you have tricks enough to gull your own party, but you have not to deceive Protestants; they can look through all your arts; nay, I never saw such men of weak parts, as your priests generally are; so that I wonder you should have any disciples but silly women, or men without learning. Marshal. If we were guilty of this conspiracy, we should gull only ourselves. L. C. J. Go you on with one harangue, I warrant you I will give you another; you shall not be hindered to say any thing that is pertinent; but this is not at all so. We have a bench of aldermen have more wit than your conclave, and a Lord Mayor that is as infallible as your Pope. Have you any thing more to say for yourselves? Marshal. It is not proper to contradict your lordship, but it is a wonder you should know our religion better than ourselves; for I know not of any such doctrines owned amongst us. L. C. J. No! then I believe you have not read your own books; I suppose that your business is not now to read, but to seduce silly women or weaker men. What, don't you publish them all over the world? Is there any Inder expurgatorius, into which you have put these doctrines? Surely you know not any thing, if you know not this. L. C. J. North. If you have any thing more to say in the proper defence of your trial, pray speak it now. Corker. As to those damnable doctrines, we profess ourselves innocent of them. I desire that the Jury may not go upon such a prejudice, that I entertain such principles of religion, as matters of my faith. They are horrid crimes, I protest against them, and own them not. I desire the jury to take notice of it. Marshal. I have this further to offer to your lordship, that Mr. Bedlow owned before the Lords that he knew no more to be guilty than he had declared, and amongst all those I am not named; and this was a month or six weeks before I was taken. Justice Pemberton. There is no such thing at all proved here, or given in evidence, and therefore why do you insist upon it? Marshal. In this I appeal to the knowledge of your lordship and if you know it, I hope you will be pleased to acquaint the jury with it. L. C. J. I do not know for my own particu lar, what answer was made; I was not in the House, nor do I know it. |