253. The Trial of Sir GEORGE WAKEMAN,* bart. WILLIAM MARSHAL, WILLIAM RUMLEYand, JAMES CORKER,† Benedictine Monks, at the Old Bailey, for High-Treason: 31 CHARLES II. A. D. 1679. UPON Friday the 18th of July, 1679, at the Clerk of the Crown. Set sir George Wakeman, William Marshal and William Rumley to the bar. Sir George Wakeman, hold up thy hand. Which he did. Aud 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 Middlesex, bart. William Marshal, 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 and most excellent prince, Charles the Second, by somewhat circumstantial to the same purpose against two of them but that did not rise up to be treason: and he had nothing to charge the third with. They proved, that another person had been their superior for several : "Wakeman's trial came on next. Oates swore he saw him write a bill to Ashby the Jesuit, by which he knew his hand and he saw another letter of his writ in the same hand, in which he directed Ashby, who was then going to the Bath, to use a milk diet and to be pump-years; and that Oates was never once suffered ed at the Bath; and that in that letter he men- to come within their house, which all their sertioned his zeal in the design of killing the king. vants deposed. And they also proved, that He next repeated all the story he had sworn when Oates came into their house the night against the queen: Which he brought only to after he made his discovery, and took Pickermake it probable that Wakeman, who was her ing out of his bed, and saw them, he said he physician, was in it. To all this Wakeman ob-had nothing to lay to their charge. They urged jected, that at first Oates accused him only upon hear-say and did solemnly protest he knew nothing against him which was fully made out. So he said, all that Oates now swore against him must be a forgery not thought of at that time. He also proved by his own servant, and by the apothecary at the Bath, that Ashby's paper was not writ, but only dictated by him: for he happened to be very weary when he came for it, and his man wrote it out and that of the milk diet was a plain indication of an ill laid forgery, since it was known that nothing was held more inconsistent with the Bath water than milk. Bedlow swore against him, that he saw him receive a bill of 2,000l. from Harcourt in part of a greater sum; and that Wakeman told him afterwards that he had received the money; and that Harcourt told him for what end it was given, for they intended the king should be killed, either by those they sent to Windsor, or by Wakeman's means and if all other ways failed, they would take him off at Newmarket. Bedlow in the first giving his evidence deposed, that this was said by Harcourt when Wakeman was gone out of the room. But observing, by the questious that were put him, that this would not affect Wakeman, he swore afterwards, that he said it likewise in his bearing. Wakeman had nothing to set against all this, but that it seemed impossible that he could trust himself in such matters to such a person: and if Oates was set aside, he was but one witness. Three other Benedictine priests were tried with Wakeman. Oates swore, that they were in the plot of killing the king; that one of them, being their superior, had engaged to give 6,000l. towards the carrying it on. Bedlow swore many other things to destroy the credit of the witnesses: and one of them made a long declamation in a high bombast strain, to shew what credit was due to the speeches of dying men. The eloquence was so forced and childish, that this did them more hurt than good. Scroggs summed up the evidence very favourably for the prisoners, far contrary to his former practice. The truth is, that this was looked on as the queen's trial, as well as Wakeman's. The prisoners were acquitted: and now the witnesses saw they were blasted. And they were enraged upon it; which they vented with much spite upon Scroggs. And there was in him matter enough to work on for such foul-mouthed people as they were. The queen got a man of great quality to be sent over ambassador from Portugal, not knowing how much she might stand in need of such a protection, He went next day with great state to thank Scroggs for his behaviour in this trial. If he meant well in this compliment, it was very unadvisedly done: For the Chief Justice was exposed to much censure by it. And therefore some thought it was a shew of civility done on design to ruin him. For how well pleased soever the Papists were with the success of this trial and with Scroggs's management, yet they could not be supposed to be so satisfied with him, as to forgive his behaviour in the former trials, which had been very indecently partial ani violent." Burnet. In the following year, Marshal and Corker were, together with others, tried and convicted upon the stat. 27 Eliz. c. 2. See the trials of Anderson alias Munson and others, January 17, 1680: infra. See the stat. in Brommick's Case, Aug. 13, 1679, infra. the grace of God, of England, Scotland, France within this kingdom of England rightly and by and Ireland, king, defender of the faith, &c. the laws of the same established, to change your supreme and natural lord; the fear of and alter to the superstition of the Church of God in your hearts not having, nor weighing Rome; and to move, procure and persuade the duty of your allegiance, but being moved them, the said William Marshal, William Rumand seduced by the instigation of the devil; ley and other false traitors unknown, the agreeand the cordial love, true, due and natural ment aforesaid to fulfil and accomplish, you obedience, which true and faithful subjects of the said sir George Wakeman, after, to wit, our said sovereign lord the king do and of right the said 30th day of August, in the parish ought to bear towards him, our said sovereign aforesaid, in the county aforesaid, to them the lord the king, utterly withdrawing, and endea- said William Marshal, William Rumley and vouring and intending with all your strength, other false traitors unknown, did traitorously the peace and common tranquillity of this king- promise to give your assistance, the government dom of England to disturb, and the true wor- of this kingdom to subvert, and the true worship of God within this kingdom of England ship of God, in this realm rightly and by the used, and by the laws of the same established, laws thereof established and used, to the suto overthrow, and the government of this realm perstition of the Church of Rome to alter: to subvert, and sedition and rebellion within And that you the said sir George Wakeman, this kingdom of England, to move, stir up and then and there, falsly, maliciously, subtilly, adprocure, and the cordial love, true, lue and visedly, devilishly and traitorously, did undernatural obedience, which true and faithful sub. take to kill and murder our said sovereign lord jects of our said sovereign lord the king, ought the king: And in further prosecution of the and of right are bound to bear towards him, treasons, traitorous conspiracies, intentions our said sovereign lord the king, wholly to and agreements aforesaid, you the said sir withdraw, put out and extinguish, and him our George Wakeman, the said 30th day of August, said sovereign lord the king, to death and final at the parish aforesaid, in the county aforesaid, destruction to bring and put, you the said sir falsly, traitorously and against the duty of your George Wakeman, William Marshal and Wil- allegiance, did receive and had (from a certain liam Rumley, the 30th day of August, in the person unknown, pretending to be provincial Soth year of the reign of our said sovereign lord of the Jesuits in England, and claiming authoking Charles the Second, at the parish of St.rity for the granting commissions in that part Giles in the Fields aforesaid, in the county from the see of Rome,) one commission to inaforesaid, falsly, maliciously, subtilly, advisedly stitute and authorise you the said sir George and traitorously did purpose, compass, imagine Wakeman to be physician-general of the army, and intend, sedition and rebellion within this to be raised for the waging war against our said kingdom of England to move, stir up and pro- sovereign lord the king within this kingdom of cure, and miserable slaughter among the sub- England, and the same commission then and jects of our said sovereign lord the king to cause there, falsly, advisedly, maliciously and traitorand procure, and our said sovereign lord the ously did inspect and read over, and traitorously king, from his royal state, title, power and go- did keep in your possession, and to the same vernment of his said kingdom of England, falsly, knowingly, advisedly and traitorously did wholly to deprive, depose, cast down and dis- consent and agree, with that intention, that you inherit, and him our said sovereign lord the the said sir George Wakeman should have, reking, to death and final destruction to bring ceive and exercise the place and office of phyand put, and the government of this kingdom sician-general of the army aforesaid, when you of England, and the sincere religion of God, the said sir George Wakeman, William Marwithin the same rightly and by the laws of the shal, William Rumley and the said other false same established, at your will and pleasure to traitors unknown, should have performed and change and alter; and the state of this whole accomplished your treasons, compassings, ima kingdom of England, through all its parts well ginations, purposes and traitorous agreements instituted and ordained, wholly to subvert and aforesaid. And that you the said William destroy; and war against our said sovereign Marshal and William Rumley, in further prolord the king, within this kingdom of England, secution of your treasons, traitorous conspirato levy; and to accomplish and fulfil those cies, intentions and agreements aforesaid, the your most wicked treasons and traitorous ima- said 30th day of August, in the parish aforeginations and purposes, you the said sir George said, in the county aforesaid, did falsly, subtilly Wakeman, William Marshal and William and traitorously consult, conclude, consent and Rumley, and other false traitors unknown, the agree, that you the said William Marshal, aforesaid 30th day of August, with force and William Rumley and other false traitors unarms at the parish aforesaid, in the county known, should pay the sum of 6,000l. towards aforesaid, maliciously, subtilly, advisedly and furthering and consummating the traitorous traitorously did assemble, unite and gather agreements aforesaid, amongst the said false yourselves together; and then and there, falsiy, traitors had, our said sovereign lord the king to maliciously, subtilly, advisedly, devilishly and kill and murder, the true worship of God withtraitorously did consult, consent and agree, our in this realm rightly and by the laws of the said sovereign lord the king, to death and final same established, to the superstition of the destruction to bring and put; and the religion Church of Rome to alter, and the government 2 Q VOL. VII. 595] STATE TRIALS, 31 CHARLES II. 1679.-Trial of Sir George Wakeman, [596 of this kingdom of England to subvert, against the duty of your allegiance, against the peace of our said sovereign lord the king, his crown and dignity, and against the form of the statute in this case made and provided." Cl. of the Cr. How sayest thou, sir George Wakeman, art thou guilty of this High-Treason where of thou standest Indicted or Not Guilty? Sir G. Wakeman. Not Guilty. Cl. of the Cr. Culprit, how wilt thou be tried? Sir G. Wakeman. By God and my country. Cl. of the Cr. God send thee a good deliverance. [And so the other two.] Cl. of the Cr. Set James Corker to the bar, (who was arraigned, and pleaded last sessions,) James Corker, hold up thy hand. You the prisoners at the bar, sir George Wakeman, William Rumley, William Marshal, and James Corker, those men that you shall hear called and personally appear, are to pass between our sovereign lord the king and 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 Call Ralph Hawtrey, esq. who appeared, and there being no challenges the twelve that were sworn are as follows: Ralph Hawtrey of Rislipp, Henry Hawley of New-Brentford, Henry Hodges of Hanwell, Richard Downton of Isleworth, John Bathurst of Edmonton, Robert Hampton of Greenford, William Heyden of Greenford, John Baldwin of Hillingdon, Richard Dobbins of Harvile, William Avery of Enfield, Esquires. William Wayte of St. Clement Danes, gent. Richard White of Cripplegate, gent. be sworn. Cl. of the Cr. Crier, count these. Ralph Hawtrey. Crier. One, &c. Cl. of the Cr. Richard White. Crier. 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 Clerk of the Crown charged the Jury with them thus. Cl. of the 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 mutandis) 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 Gavan, and Anthony Turner, as a false traitor against the most illustrious, most serene, and most excellent prince, Charles the 2nd, by the grace of God, of England, Scotland, France, and Ireland, king, defender of the faith, &c. his supreme and naural lord, not having the fear of God in his heart, nor weighing the duty of his allegiance, 2 but being moved and seduced by the instigation of the devil, the cordial love, true, due and natural obedience, which true and faithful subjects of our said sovereign lord the king, towards him should, and of right ought to bear, wholly withdrawing; and advising, and with all his strength, intending the peace and common tranquillity 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 government of this realm to subvert, and sedition, and rebellion within this kingdom of England to move, stir up and proobedience which true and faithful subjects of cure, and the cordial love, and true and due our said sovereign lord the king, towards him should, and of right ought to bear utterly to withdraw, put out, and extinguish, and our said sovereign lord the king to death and final desApril, in the 30th year of the reign of our said truction to bring, and put, on the 24th day of sovereign lord king Charles the 2nd at the parish of St. Giles in the fields, in the county of Middlesex aforesaid; he the said James Corker, together with the said Thomas White, Jobn Fenwick, William Harcourt, John Gavan, and Anthony Turner, with divers other false traitors subjects of our said sovereign lord the king to the jurors unknown, falsly, subtilly, advisedly, maliciously, and traiterously, did 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 sovereign lord the king to procure and cause, and our said sovereign power, and government of his kingdom of Englord the king, of his kingly state, title, disinherit, and him our said sovereign lord land, utterly to deprive, depose, cast down, and the king to death and final destruction to bring and put, and the government of this kingGod within the same, rightly, and by the laws dom of England, and the sincere religion of 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 lord the king, to levy: and to accomplish and kingdom of England, against our said sovereign fulfil their said most wicked treasons, and traiJames Corker, together with the said Thomas torous imaginations and purposes, he the said White, John Fenwick, William Harcourt, John Gavan, and Anthony Turner, and other false traitors against our said sovereign lord the king, to the jurors unknown, the said 24th day of aforesaid, and county aforesaid, falsely, maliApril, with force and arms, &c. in the parish ciously, subtlely, advisedly, devilishly, and traitorously did assemble, unite, and gather together, and then and there, falsely, maliciously, subtlely, advisedly, devilishly, and traitorously did consult, consent, and agree, our destruction to bring and put, and the religion said sovereign lord the king to death and final of this kingdom of England, rightly, and by that purpose the 30th of August, in the 30th year of the king that now is, they did falsely, maliciously, subtlely, advisedly, and traitorously 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 tranquillity 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 pleasures to alter, and to introduce the Romish superstition, and war within the kingdom to levy against our sove the laws of the same established, to the super-lordship, and you gentlemen of the jury; sir stition of the Roman Church to change and George Wakeman, bart. William Marshal, and alter, and the government of this kingdom of William Rumley, the prisoners at the bar, England to subvert; and that one Thomas stand indicted; for that they as false traitors Pickering, and one John Grove, should kill against our sovereign lord king Charles the and murder our said sovereign lord the king; 2nd, their supreme and natural lord, not havand that he the said James Corker, together ing the fear of God before their eyes, did traiwith the said Thomas White, John Fenwick, torously endeavour aud intend, with all their William Harcourt, John Gayan, and Anthony strength, the peace and tranquillity of this Turner, and other false traitors, against our said kingdom of England to disturb, and the worsovereign lord the king, to the jurors unknown, ship of God in the same rightly, and by the should therefore say, celebrate, and perform, a laws of the same established, and the governcertain number of masses, then and there ment of the kingdom in all its parts well instiamongst themselves agreed on, for the soul of tuted and ordered, to subvert and overthrow, the said Thomas Pickering, and for that cause and sedition and rebellion within the same to should pay to the said John Grove a certain move and procure, and to bring and put the sum of money, then and there amongst them-king to death and final destruction; and to selves agreed on; 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 further prosecution of the treasons and traitorous consultations and agreements aforesaid, afterwards, the said 24th day of April, at the parish aforesaid, in the county aforesaid, falsely, subtlely, advisedly, maliciously, devilishly, and traitorously, did severally each to the other engage themselves, and upon the sacrament traitorously did swear and promise, to conceal, and not to divulge the said most wicked treasons, and traitorous compassings, consultations, and purposes afore-reign lord the king. And to accomplish these said amongst themselves bad, traitorously to kill and murder our said sovereign 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 further prosecution of their said treasons and traitorous intentions and agreement aforesaid, afterwards, the said 24th day of April, at the parish aforesaid, in the county aforesaid, falsely, subtlely, advisedly, maliciously, devilishly, and traitorously, did prepare, persuade, excite, abet, comfort and counsel four other persons to the jurors unknown, subjects of our said sovereign lord the king, traitorously. our said sovereign lord the king to kill and murder, against the duty of his allegiance, against the peace of our sovereign the king, his crown and dignity, and against 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 country, which country you are. Your charge is to enquire, whethey they be Guilty of the high-treason whereof they stand indicted, in manner and form as they stand indicted, or Not Guilty, &c. Mr. Edward Ward. May it please your treasons and purposes, they the prisoners at the bar, with other false traitors unknown, the day and year beforementioned, did assemble and meet together, and did then and there consent and agree to put the king to death and final destruction. And to persuade 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 traitorously undertook to kill the king: And he did receive for that purpose, from the pretended provincial of the Jesuits in England, who claimed an authority from the see of Rome, of granting out commissions, a commission which constituted bim Physiciangeneral 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, when their designs were accomplished. The Indictment further sets forth, that Marshal and Rumley, and other false traitors agreed to pay the sum of 6,000l. för and this is laid, to be against the duty of their the carrying on and effecting of this treason; allegiance, against the king's peace, crown and dignity, and against the form of the statute. To this indictment 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 death) and that was poisoning; and that will they had chosen out a very proper instrument come principally before you at this time. And for it, a gentleman whose experience rendered pendance upon the royal family, gave him a him able, and whose near relation to and degreat opportunity to commit that horrid crime. But, gentlemen, though his persuasion might go a great way, yet he would not do it gratis, and thereupon he must be hired for a great sum of money, not under 15,000l. and then he undertook that great employment. Corker; For that he is a false traitor against | (for they did invent all the imaginable ways of the king, and withdrawing his allegiance, and due and natural obedience, which he owed to him, as his sovereign, together with other persons there mentioned, White, Fenwick, Harcourt, Gavau, 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 21th of April, in the 30th year of this king, at the parish of St. Giles in the Fields, in your county, compass and imagine the king's death, 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 Pickering, and should pay Grove a sum of money. That to this they plighted their faith, and received the sacrament upon it: and that Corker and the others, the day and year aforesaid, traitorously persuaded, 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. Sir Robert Sawyer. My Lord, and 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 catholic and bloody plot some time since discovered; and I hope, by the blessing of Almighty 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, wherewith the Church of England is encompassed, did but continue firm, neither the gates of heil 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 na tion at this day, but only touch upon those parts of it that do concern the prisoners now at the bar, unless they shall give me occasion to recur to any former passages. Gentlemen, we shall make proof to you, that the 24th of April, 1678, there was a very great consult of a numerous company of Jesuits here in London; and there was the foundation laid, or at least the execution was then determined of bringing this plot to its accomplishment. To this consult we shall make it appear, that the gentlemen at the bar were privy and consenting to it. The king must die, that is resolved on, and you have heard formerly of the several ways that it was to be acted; some persons were designed to shoot him, these have received their trial and condign punishment; then there was another set, and they were to stab him, and some of these have been brought to justice too; but then there was a third sort, gain, that part of his wages he had received, We shall prove to you, that this was his barfor he would be sure of something in hand before the work were done. We shall make it appear, gentlemen, that he was privy also to the consult (for I apply myself at present peculiarly to him) and approved of it. And as a farther reward, besides that of money, he was to be preferred to be physician-general of the army that was then to be raised, that employment was designed for him; nay, he accepted of the commission, as we shall endeavour to prove to you. We shall also prove, that the other gentlestand there, were privy to the great consult of men at the bar, the other malefactors that the death of the king. That there was 6,000l. which was to be furnished by the Benedictine monks; for though the Jesuits were the great engineers, yet all the other orders were to contribute, and 6,000l. was to be furnished by shall give you several instances which will conthem. And in the course of our evidence we cern all these particular prisoners now at the bar; and one truly that there was such a design of poisoning, which is very remarkable, hath suffered already, and that was Mr. Ireland; and that was froin a very great engineer that and wherein I must desire that you would observe another thing that falls out very matehis death, and all along, disowned that he was rially, that though Mr. Ireland, at the time of here in London in August, and with great asseverations did affirm it, it will appear by the course of our evidence that he was here in Lonit was an easy matter to take off the king by don then, and had frequently discourses that poison: and for that purpose do I mention it to you as an instance that poison was one of the great ways that they intended to murder the king by. And, gentlemen, you will collect from that evidence, what credit is fit to be given to the words of such dying men, and whether living witnesses that are upon their oaths, are concern it is for more reasons than one to pernot rather to be believed, than those whose suade the people that they are innocent. And you will likewise collect that those who have lived in the sin of committing such horrid crimes church (which they would propagate by those as these are, will not stick to protect that same crimes) by denying the plainest truth. We will not trouble you any further with the opening of the evidence, because the witnesses are |