Judges. None of us know it. Marshal. I desire the worthy jury to take notice, that among all the persons named, there is no such name mentioned as mine. Justice Pemberton. There is no such thing proved here. Marshal. They deny all the Lords' Records. L. C. J. Well, have you done? Look you, gentlemen of the jury. Marshal. I desire but one word: These things I have insisted upon as far as I can for myself; but the main matter I relied upon was, that Mr. Oates did not know me, neither as to my calling, conversation, words nor actions. He can bring no person, man nor woman, that ever saw him in my company, nor took notice of our meeting together, nor Bedlow neither; he can name no place where he saw me, none but the Savoy, against which no proof can be found. And then at the searching of the house, I desire the jury to take notice, that at that time he disowned us, and said he did not know us. A sufficient rational cause cannot be given why, he should say now he knows me, and did not then take me. Justice Pemberton. You have said all this before. Marshal. Then, my lord, for a conclusion, I have been told, and I will only desire the jury to take notice of it, that every jury that finds a man guilty of death, upon the testimony of witnesses that come in against him, do take it solemnly upon their consciences, that what such witnesses swear is true. L. C. J. That they believe they swear true: For we have no infallibility with us: It is one thing to say it is true, and another thing to say we believe it is true. Look you, the jury may give a verdict that is false, and yet go according to their consciences. Do you understand that, priest? Justice Pemberton. You need not teach the jury what they are to do. Marshal. But considering in case an oath be false, and the jury have reason to doubt what the prisoners say in their own defence, upon what they hear or have learned of their own knowledge, if they find such doubt grounded upon that double matter, then they are in great danger to bring the fault to their own doors, and make the crime of perjury their own. Justice Pemberton. What, do you go over things again and again? L. C. J. All this signifies but little; if you had Popery here, you would get but little by it. We should hardly part with our Peter Pence for all your speeches. We all know what things are, it is not a parcel of words patched thus together, will do your business. Marshal. I wish all thoughts were as openfaced as ours are. L. C. J. Look you, gentlemen of the jury, here are four prisoners; as to one of them, that is Rumley, the truth of it is, there is but one witness against him, and by the law there ought to be two; so I cannot say, but you ought to discharge him: we do not find that The testimony of Mr. Jennison does go As for the testimony of the particular evidence, first, against sir George Wakeman, Mr. Oates says he saw a letter subscribed George Wakeman; and it was writ to Mr. Ashby, and therein, among other expressions, was this particular, That the queen would assist him to kill the king. He was asked, How he knew it was his hand? He said, He had never seen his hand before, but afterwards he saw him writing, (as he thinks, writing,) in a writing pos ture, and there he looked upon that paper when he was gone from it, while it was wet, and that character, to his thinking, was just the character of the letter. Now I must observe this to you. First, Supposing it to be true, yet it is somewhat hard, for a man that had never known a man's hand in his life, to see a hand to-day, and some time after to come and see his hand to a bill of physic, and to recollect the character so much backward, as to know, this is that, or that man's hand that I saw before. It is one thing to know hands we are used to, but it is another thing, if we see a hand we never saw before in our lives, and then by reflection at another time, and by comparison of hands to say this is the same, that is hard; but that is supposing it to be true. Sir George Wakeman, as all people will that are accused, does deny the fact, and says there was no such thing. Against him besides, he says he saw, in a book that the Jesuit priests kept among them of their transactions and affairs, he saw, in Harcourt's chamber, a book, wherein was written, this day, (and there was a certain day in August named, but he cannot tell what day,) this day agreed with sir G. W. for 15,000l. to which he consented. And under was written, Received 5,000l. part of 15,000l. by order of Mr. Coleman. George Wakeman. This he says he saw, and he believes that to be the very same hand he saw before, so it is by a comparison of hands. He does not charge sir George Wakeman, to the best of my memory, with any positive things of his own knowledge, more than as I tell you of this matter. Sir R. Sawyer. Yes, my lord, he says he saw his commission. L. C. J. Indeed he does say, he saw a commission in his hands, to be physician-general of the army that was to be raised. And that he denied 10,000l. and would have 15. The truth I leave with you, gentlemen. Look you, gentlemen, we will show ourselves what we ought to do, let them be as they will; we would not, to prevent all their Plots, (let them be as big as they can make them) shed one drop of innocent blood, therefore I would have you, in all these gentlemens cases, consider seriously, and weigh truly the circumstances, and the probability of things charged upon them. There is an additional evidence against sir George Wakeman, by Bedlow: he says he saw him have a note for 2,000, which was | said came from the queen, there were discourses of doubtful words, but whether they be plain enough to satisfy your consciences, when men are upon their lives, I leave to you. That sir George Wakeman should say, Are you ready for me? Why am I drilled on thus, in a Imatter of this concern? This he would have to imply the poisoning of the king; but there is but one thing that sounds any thing plain to the matter, and that was this, said he, if they miss (speaking of killing the king) if they miss at Windsor, and you miss your way, then it shall be done at New-Market. This he did swear directly, and then sir George Wakeman replied, He would be ready. Now if you believe this, then there are two witnesses against sir George Wakeman, for the matter of the bill alone would do nothing, but when he says he saw such a bill, it must be for something; and if he did say so, If they miss killing him at Windsor, and you miss your way, we will do it at New-Market; and be replied, I will be ready, the thing is made plain; I leave it to you; and this is all the evidence against sir George Wakeman, as I remember: I hope my brothers, if they remember more, will repeat it to you. I cannot undertake to repeat every word; I remetaber so much as is material, and my brothers I hope will help me out, in what they have better observed. As to Mr. Corker, Oates says, that he saw a letter under his hand, that is, his name, I suppose was to it, wherein he consented to the raising the 6,000l. which was to be raised out of the Benedictine estates, and was in order to the carrying on of this Plot. I do not find that he does prove that he did know Mr. Corker's hand. And he says of him further, he was their president, and so it was necessary to have his consent for the raising the 6,000l. and particularly he says, that he did except against Pickering's being designed for the murdering of the king; for, said he, He is a man that waits at the altar, and methinks you should choose some fitter person. For that, says Mr. Corker, which he says, that I was president; I was not president; and he makes it necessary for me to set my hand, because I being president, it was supposed it could not be done without me: and Dr. Oates does intend such a thing by his enforcing of it too: but he does produce to you two or three witnesses, that do say, Mr. Stapleton hath been president for four or five years; and said he, if I were not president, what needs all this ado about my consent? So he contradicts him in that particular, that he was not president, and it is not only a bare immaterial thing, because his being president made his hand more necessary to the raising the 6,000l. And for that matter of his saying, that he did except against Pickering, and they might have chose another, he does not charge him to be actually at the consultation, but he says he knew of it, because he said Pickering was not a fit man to do it. And he said, they had better choose a layman. He proves no fact, but only these words. And Mr. Bedlow he speaks against him, and what he says is rather less than what Oates says. For it is, that he talked with La Fevre the priest about the Plot in general words. It may be, he was talking with some body else, and yet he could hear that they talked together in general about it. That is all against him. Against Mr. Marshal, it is rather less than against Corker, that is, that he did consent to the 6,000l. that should be raised among the Benedictines, he being a Benedictine too, and that he took exceptions against Pickering, as Corker did, that it was not convenient to employ him in killing the king. And this is that Oates says, and that he was a carrier of letters up and down, and a factor that way. And Bedlow says, that he knew that he carried letters, and was at the consult where they were read and answered, and when they asked him, Where? He said, At the Benedictine convent in the Savoy. And names in particular, a letter to sir Francis Radcliff, and that there was a discourse concerning the plot, in his hearing. They say for themselves, they cannot answer any more than by circumstances, it is a very strange thing, if Dr. Oates knew this of us, why did not he take us before? And says sir George Wakeman, Why did not he accuse me of this letter that he talks of, before the king and council? He makes an answer (which to me indeed is a very faint one) at if he were so weak and tired, that he could not speak any word farther. When the council asked sir George Wakeman what he had to say for himself, and he behaved himself ruggedly, they call for Oates again, What, said they, do you know any thing of your own knowledge? No, said he, God forbid; I know nothing more; as sir Philip Lloyd says, and as the matter speaks: For if he had charged him that he had seen that letter, the lords would infallibly have committed him. If he had but said, I saw a letter with his name to it, which by the character I believe was his, because I saw his writing elsewhere: And it is wonderful to me; I do not know, if a man be never so faint, could not be say, I saw a letter under his hand, as well as, I knew nothing more of him? There are as few words in one, as in the other. If he had said, I beg your lordships or his majesty's pardon, I am so weak I cannot recollect myself, it had been something; but to make a great protestation that he knew nothing of him. This is that that is said by sir Philip Lloyd, on his behalf. These other gentlemen say, that Oates did not know them, and the woman does say, that *'! them, when they came to search, and Marshal were there, and Dr. ble, they have almost undone themselves in their own defences, by making weak observations, and insisting upon trivial things; improper for the Court to hear, and impertinent for them to urge. But I deal faithfully with you, I will discharge my own conscience to you. It lies upon the oaths of these two men. Though there was a Plot in general proved, yet that does not affect these men in particular, but was only used to answer that objection, that it should not be believed upon positive swearing, hand over head, without something else. Here was something else, the Plot in general, and their being priests, is another circumstance to me, who are mad to bring in popery, and would do any thing to get their tyranny again established amongst us. And there is more than probable evidence of that I assure you. Sir Tho. Doleman did indeed say Mr. Oates was very weak, so that he was in great confusion, and scarce able to stand; weigh it with you how it will, but to me it is no answer. I tell you plainly, I think a man could not be so weak but he could have said, he saw a letter under his hand. It was as short as he could make an answer, and it is strange that he should go and make protestation that he knew nothing. And so I pray you weigh it well. Let us not be so amazed and frighted with the noise of Plots, as to take away any man's life without any reasonable evidence. If you are satisfied with the oaths of these two men ; so, I have observed to you what objections they make for themselves, and those objections are material: What sir George Wakeman says about his not accusing him before the council, and what these men say that he did not apprehend them. And it is very strange, they should have so little knowledge, and so little acquaintance with Oates and Bedlow, and so great a matter as they speak should be true. And it is well enough observed, that he was a begging there; it is very much that such a man should know of such a great design on foot, and they should use him in that manner. These are the things that I remember, worthy of your consideration. These men's bloods are at stake, and your souls and mine, and our oaths and consciences are at stake; and therefore never care what the world says, follow your consciences; if you are satisfied these men swear true, you will do well to find them guilty, and they deserve to die for it: If you are unsatisfied, upon these things put together, and they do weigh with you, that they have not said true, you will do well to acquit them. Bedlow. My lord, my evidence is not right summed up, L. C. J. I know not by what authority this man speaks. Cl. of Cr. Make way for the jury there; who keeps the jury? [Then an officer was sworn to keep the jury: The judges went off the bench, leaving Mr. Recorder and some justices to take the Verdict. And after about an hour's space the jury re be Some Observations upon the late Trials of Sir GEORGE WAKEMAN, CORKER, and MARSHAL, &c. By Tom Ticklefoot, the Tabourer, late Clerk to Justice Clodpate. THE Reader may perhaps wonder why should wave the employment of clerking to a Westminster Justice, who seldom are of the wisest, and turn minstrel; but upon serious thought she will respect me for my integrity, and give greater faith to what I shall offer now; for to say the truth, the methods of my former life were so villainous, in order to my calling, as I could • no longer dispense with them; for I was forced to inform my master's worship of all the bawdyhouses within his district, which by that means were all set under contribution, and out of their compositions for enormities I had poundage, which was all my subsistence, for his worship engrossed all the warrant-revenue to himself; so I grew of late melancholy, through the failing of trade, the private misses driving all before them, that public sinners are now of all people the most miserable; so I retired some time before my master's death: in which retirement, as barbers have nothing to do, learn to play on the cittern, I got a stroke upon the pipe and tabor, by which means I now live very comfortably; yet willing to give the world a taste of my old office of clerkship, I have made these following observations: The first part of the trial was spent in the examination of Dugdale, Praunce, and Jennison, to prove the Plot, so to obviate the common objection that it was unreasonable to believe two men against so many, upon bare testimony, without other circumstantial evidence, that was done with such notoriety, as satisfied all unprejudiced persons: among other things it was proved, by an undeniable witness, Mr. Jennison, corroborated with notable circumstances, that Ireland died with a lye in his mouth; as by consequence sir John Southcot and his lady live with the same veracity, which my old master would have made another kind of use on than was made: then were some fine harangues about it, to answer some objections; yet nothing was reduced to practice in the case during that part of the trial, in which the pripers were but remotely concerned, It may observed, that Corker fell into great unde cencies of passion against the witness Dugdale; an argument of guilt, my old master would have said; yet no inferences nor reproofs upon it. Now I have given a short, yet true account of what was but preliminary to Wakeman's, and their trials, I shall go on. Doctor Oates proved that Wakeman refused 10,000l. as too little for poisoning the king; which he termed so great a work, and afterwards did undertake it for five thousand more, as it was written down in the entry-book, kept sometimes at Wild-house, sometimes at Langhorn's chamber. And further, as appeared by the said entry-book, there were 5,000l. paid in part, and a receipt subscribed George Wakeman, which by a comparison of hands, was sworn to be sir George's hand; which sir George shifted off by the help of an apothecary, as he thought well enough; yet granting the apothecary to say true, which is questionable too, for they are often slippery chapmen, especially considering former Telations, and future hopes; and Oates to swear true, which no wise man will dispute, there might be two letters, which sir George would slur off, from the improbability of writing two letters to one thing, and gravely bids the jury take notice that he writ but one letter; he might with the same modesty have advised them not to believe a word against him; yet little notice taken. The improbability of writing two letters to one thing, seemed to weigh something with the Lord Chief Justice; though not so with Justice Pemberton, who said, It might be so, to serve a turn very well. It was proved likewise by Dr. Oates, that Wakeman had a commission to be physiciangeneral to the new army; which my Lord Chief Justice had like to have forgotten. Amongst other matters, Bedlow deposed, That sir George Wakeman came into Harcourt's chamber in a chafe, and told him, he knew not whether he should go on or no. Harcourt went to his cabinet, and took out a bill, and asked Lord Chief Justice North, I believe | low, they may do well to find the prisoners Bedlow charged the Chief Justice, for not the Chief Justice goes on, and sums his evidence against Wakeman; which hip, leaving or forgetting all the matents, makes only circumstantial: till sir Sawyer put him in mind of his commisen by Oates, to be a physician to the y; and then his lordship goes on, and at, as likewise that he refused 10,000l. ld have 15,000l. to do the work; but unusual sweetness leaves the truth with , and then falls most religiously into a ton against shedding innocent blood: e did so pathetically, as no man would m to be the son of a father who, as is say, was not very scrupulous in that About an hour after the jury returned, and brought them in Not Guilty; but, according to their abundance of want of understand. ing, enquired whether they might not bring them in guilty of misprision, or no? Now could such a thing come into their politic pates, had they understood what the word meant? For that implies a knowing of, but not consenting to, a treason. Now there was no manner of colour for such a thing; for the evidence was full, if they believed them, as to absolute treason; if not, why would they think of any thing but acquittal? But it may be they knew not the force of the word, which led them into that error; I am sure that is their best plea; otherwise they must yield themselves to be great betrayers of their nation, and lay under a damned suspicion of being foully practised upon; especially if that be true that runs about in coffee-houses, That a gentleman that went out amongst them had a sealed paper of fifty gui neas thrust into his hand. 1 he goes on to Mr. Bedlow's evidence; ugh he sums it up a little short, yet he in a second witness against Wakeman ry will believe him. Now considering | It's] were never put before, why the They say in the north, That a jury consists hould they now, would old Clodpate of eleven fools and a knave: Now those of the id; and so say I, Tom Tickle-foot. south, as being more refined wits, are of a i then the Chief Justice prays the bench nobler consistence, as having more of the ., if he had forgotten any thing material. knave in them; for had they had a mind to a his lordship was pleased to say, the have examined matters, and not barely to have Ice against Corker was not full, so as to acquiesced in outward appearance, they might any fact, but only some words; and that have considered, that Oates and Bedlow did es not president of the Benedictines, his not swear by practice, like the boys of St. ap affirmed from the testimony of three Omers, from this circumstance, That Rumley Links, without any manner of hint to the had but one witness against him. Now had hat they were not upon their oaths. The hanging, and not truth, been the designed against Marshal, his lordship said, was matter, how easy a thing had it been for capur less than against Corker; and so accord- tain Bedlow to have agreed with Dr. Oates, lightened it, as became him. and made up two witnesses against Rumley, is obvious to every considering capacity, and might have played such a prank formerly to have served a turn, when they were listed amongst the pope's mamalukes. en he comes to sir Philip Lloyd's testimowhich he laid as great a stress upon as it old naturally bear; and, so as to invalidate y further testimony against sir George Waketi, his lordship was pleased to name sir ThoDoleman's evidence, but with so little resst, as he might have as decently let it alone: d to invalidate Oates his testimony further, e takes notice that he was begging, without timation to the jury of any probability of the matter, which must utterly destroy Mr. Oates for the future; for nobody that believes that, can believe any thing he says of the Plot. And then, after a pious exhortation to the jury to take care of innocent blood, he concludes, tellng them, that if they believe Oates and Bed It is no small wonder, I confess to Tom Ticklefoot, that nobody from the bench nor bar hinted that circumstance; my old master Clodpate would have been hanged before he would have missed such a' barn door.. I am more particular in this, to the end that circumstance of their not combining, may in. duce juries for the future to look upon them as men that swear only according to the dictates of truth, notwithstanding the sham tale of the doctor's begging at Pickering's. |