sir George if he was ready? Sir George said he was, and had been long since, but they were not punctual with him; but what have you there? a bill for 2,000l. at your service, replies Harcourt. Which bill sir George accepted, and afterwards told Bedlow, that the goldsmith had allowed of it, and would pay him in the afternoon. When Wakeman objected, it was not likely he should discover so great a secret upon so small an acquaintance; Bedlow replied, he would have a hundred times more, if Harcourt had but told him he was his confidant, as he had done then. Wakeman rambled out into a passion, and swore that he never saw him in all his life: yet Bedlow made it out by circumstances, that he had taken physic of him at the bath; and that acquaintance he did not deny, but called him rogue, &c. Before the prisoner called his witnesses, it may be observed, that the Lord Chief Justice said, that Bedlow, the second witness, said no material thing against Wakeman, but only some circumstantials about a 2,000l. bill; but had not said for what, only some things about the queen, his lady and mistress.

Sir Robert Sawyer replied, under favour, and began to sum up Bedlow's evidence; so the Lord Chief Justice seemed not pleased, and answered, What is all this? Call Mr. Bedlow again. To whom he made a godly speech about innocent blood, and bade him give his evidence anew; who gave what is above said. Sir George replied, What if the queen had given me 2,000l. for my service done her, is that any harm? I have deserved it, I am sure, for nine years service; yet a little before he made a protestation before God, he never saw Bedlow; a likely matter, as if an absolute stranger should come to the knowledge of such a money-circumstance, and agree in the sum too. Bedlow went on, and swore, that Harcourt said to sir George, This must be well followed, and closely observed; because much depends upon it: For if we should miss to kill him at Windsor, or you miss in your way, then we will do it at Newmarket. The Lord Chief Justice made Bedlow repeat the words again; which he did, only interposing [which we hope you will not.] The Lord Chief Justice replied very modestly, he says now quite another thing; but was contradicted by the Lord Chief Justice North, the Recorder, and sir Robert Sawyer, and submitted to it most christianly. Then Bedlow went on, and swore, that sir G. Wakeman, in his hearing, declared his consent; and that it was one entire discourse: Upon which the knight, as well he might, said to the prisoners, Then is my business done; and he had been a true prophet, if either wit or honesty bad exercised a due dominion over the jury. Now if my old master Clodpate had been on the bench, he would have hung hard upon that expression, as also upon sir George's allowing of 2,000l. to be paid for wages; he would have swaggered it, and have said, This is not to be said to us that know the methods of the Court, never to pay so much wages at a time, they al

VOL. VII.

ways instance such sums; you might, however, have brought some other authority besides yourself, which can deserve no credit here, when it is clear by all circumstances you invoke God to witness to a lye, about your never seeing Bedlow, within these ten minutes.

Against Corker, Oates deposed, That he saw his patent from Rome to be bishop of London; that he was privy, and did consent to Langhorn's proposal to the Benedictine monks, to advance 6,000l. towards carrying on his design, his consent being necessary, because he was president; and that Corker should say further, that he carried on the design under the disguise of bestowing the queen's charity; and that he did except against Pickering, being chosen to kill the king, being that a mere layman was more proper. Mr. Marshal was charged with the same thing, and that Marshal went half with Conyers, who laid a wager that the king would eat no more Christmas pies.

Bedlow deposed further against Corker, That he had heard him discourse about raising an army, but nothing positively to the murder of the king. Bedlow accused Marshal much about that rate; but Marshal not being shy of his lip-labour, fell to impertinent questioning him about his knowing him; but was confuted (but not at all ashamed in his lies) by sir Wil liam Waller, who was sworn in the case; but Marshal, with a company of soft words, would have persuaded sir William that he forswore himself; the priest surely loved to hear him self prattle, to spend so much time in the wasting of his credit, about a thing which was not of a farthing concern, true or false: Then he asked Bedlow, whether he had ever seen him before he was taken? Who said, at the Savoy. Then with an unheard of impudence he replied, He would be content to be hanged, if Bedlow could prove that he was ever at the Savoy Bedlow, though,he had none by to prove that, as perhaps he would have been in the same case if he had been to have proved himself ever to have been in Westminster Hall, as the Lord Chief Justice intimated; yet he did it by a sufficient circumstance, when he gave sir Wil liam Waller directions where to search for the gun that was to have killed the king; which was found accordingly. This is now the substance of what the prisoners, Wakeman, Corker, and Marshal, were charged with: The other, Rumley, had but one witness against him; so went off on course. Sir George now called his witnesses; the chief was Chapman the apothecary, of which I have given a former account. Then was his man Hunt, and Elizabeth Henningham, called, who talked at the apothecary's rate; so that Oates was not at all contradicted by them, but they might both say true, and that the Chief Justice told them. Then sir Philip Lloyd was called upon by sir G. Wakeman, to adjust what Dr. Oates should say at the Council-table; who said but not upon oath, that when sir George was called in before the council, and told of his accusation, he utterly denied all, and did indeed carry hims 2 Y

self, as if he were not concerned at the accusation. Then Oates was called in, to tell what he knew further; for as yet he had given but a hearsay evidence (as my old master used to term it), he replied with lift up hands, God forbid (for I must tell truth, says sir Philip Lloyd, let it be what it will) that I should say any thing against sir George Wakeman; for I know nothing more against him. Oates replied, He knew nothing at all of this. Sir George triunphed, and cried, This is a protestant witness. Now had old justice Clodpate, my old master, been upon the bench, he would have taken up the knight, and told him, he had given a very officious testimony; for he was to tell only what Oates said at that time, and not to pretend to skill in physiognomy; for he was not mealy mouthed, but would upon occasion have talked his mind to knights, or any body, and would have said further, It appears to me, and may ap pear to any body else, that this knight has as great a kindness for sir George as for truth, and have bidden the jury observed accordingly; he would not have left there neither, for he would have said, Admit sir Philip says true, and that is as kind to him as can be, what would sir George infer, That Mr. Oates is now tied up in his evidence? By no means, for the case is no more than if a man be brought before a justice of peace for stealing a cow, and that witness makes a solemn protestation, that he knows no more against him yet afterwards, upon his arraignment, swears to a horse too; in another bill of Indictment, the former asseveration is attested by his worship's clerk, quare, whether that will quit him for the horse, or ought to be so much as heard in a Court? Besides, here has been a late judged case, Whitebread and Fenwick's, the jury was withdrawn for want of full evidence, afterwards one of the short evidences came to swear home, and was admitted, the prisoners found Guilty, and executed accordingly; if that was right, as no question it was, because practised, as I have been informed, it must be much more in the right now to admit of Oates's further testimony, for the council-table is no court of Record, as this is.

Sir Thomas Doleman was called in for Oates; who said, that Oates at that time was in great disorder and confusion, and as feeble as ever he saw any body in his life, so as he believed he could not give any body a good answer; and further said, that Wakeman was called in, and gave his answer, at which the council was amazed; for he did not in his opinion deny it so positively as one that was innocent could, but shuffled matters off with expressions of the great loyalty and services to the crown of himself and family, and required reparation for injury done. It seems sir Philip and sir Thomas had different sentiments about sir George's mien. When sir Thomas Doleman had done. sir George, unbidden, fell into a repetition of what he had said at the council table in his defeuce; which resolved only into a telling what a good subject he had been for the king, what work his brother made at Worcester, how

his father lost 18,000l. estate for the king, how he was in a plot for the king, was taken at his apothecary's, some arms found in the cellar, carried to prison, and in much danger of being hanged and how his family was mighty instrumental in the saving of the king, as colonel Gifford, his cousin Carlos; and that the Pendrels were menial servants to the family.

Then Corker was called; who began with a florid discourse reflecting upon the witnesses, that they had been men of scandalous lives, and that there was no Plot; which he flourished off as well as he could, but not to any reasonable satisfaction; then he came to trifling about going to Lambspring in Westphalia, and such other small matters; but at last he said, he was not president of the Benedictines; which was material, had it been well proved, for it obviated Mr. Oates his accusation of consenting to the 6,000l. as president. Then Marshal was called to say for himself; who made a great pother about a white spot under his periwig, and sir William Waller's ordering him to put it off; and many inferences he would have made; and then made a great stir about witnesses that could have come within three days, and many other things to no purpose. Then Corker called his witness, Nell Rigby, to prove that he was in the Savoy when Pickering was taken; and that Oates and Bedlow did know so much: She likewise averred, that Stapleton was president of the Benedictines, and Corker never officiated as such; and that she saw Mr. Oates once in the house, who came a begging to Mr. Pickering for charity, and that was in the midst of the Plot, as was made out by circumstance; from whence Marshal inferred, It was not likely they should trust him with any thing of that nature, and suffer him to want. This now must be a new contrivance, for it would have been set up before in Pickering's _Trial, had there been any thing of truth in it. I now wonder that none from the bench set upon that bitch-fox, to run down her testimony; for allow that to be true, the Plot is non-suit, Semel insanivimus omnes; my old master would have clawed the three-penny baggage, and told her her own, and likewise have broke her credit with the jury, by the circumstances, that it was never before offered; a thing that they could not be so careless in, had the thing been true. Now Mrs. Sheldon was called to prove Stapleton president of the Benedictines; who accordingly did so. Then Alice Broadhead did the same.

Then Dr. Oates was called again, but never examined; he is wise that can tell why, without somebody was afraid he should have cleared the point, as it was formerly in another case about Mr. Howard's son.

Then the court asked them, if they had done all three? Sir George Wakeman fell to a detesting, forswearing, and abominating the plot, and that he never had a farthing for any such thing; Corker much at that rate; and Marshal made as harangue, that, had it not been

for my Lord Chief Justice North, I believe would have lasted till now; it was all full of protestations of the innocence of the executed persons, which were fully answered by the Chief Justice Scroggs; who after some little trifling velitations with the priests, summed up the evidence. In the first he proved, by Mr. Jennison, as has been hinted before, that Ireland died with a lye in his mouth.

Now a man would wonder what he should urge that for, unless to infer, That if dying men in their last breath would lye, why should living persons be believed under their circumstances? Especially when a jury is free by the law to do what they will without blemish in the

case.

Then the Chief Justice goes on, and sums up Oates his evidence against Wakeman; which his lordship, leaving or forgetting all the material points, makes only circumstantial: till sir Robert Sawyer put him in mind of his commission, seen by Oates, to be a physician to the new army; and then his lordship goes on, and allows that, as likewise that he refused 10,000l. and would have 15,000l. to do the work; but with an unusual sweetness leaves the truth with the jury, and then falls most religiously into a declaration against shedding innocent blood: which he did so pathetically, as no man would judge him to be the son of a father who, as moderns say, was not very scrupulous in that point.

Then he goes on to Mr. Bedlow's evidence; and though he sums it up a little short, yet he makes him a second witness against Wakeman if the jury will believe him. Now considering these [It's] were never put before, why the devil should they now, would old Clodpate have said; and so say I, Tom Tickle-foot.

And then the Chief Justice prays the bench in aid, if he had forgotten any thing material.

Then his lordship was pleased to say, the evidence against Corker was not full, so as to prove any fact, but only some words; and that he was not president of the Benedictines, his lordship affirmed from the testimony of three fingstinks, without any manner of hint to the jury that they were not upon their oaths. The charge against Marshal, his lordship said, was rather less than against Corker; and so accordingly lightened it, as became him.

Then he comes to sir Philip Lloyd's testimony, which he laid as great a stress upon as it would naturally bear; and, so as to invalidate any further testimony against sir George Wakeman, his lordship was pleased to name sir Thomas Doleman's evidence, but with so little respect, as he might have as decently let it alone: And to invalidate Oates his testimony further, he takes notice that he was begging, without intimation 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, telling them, that if they believe Oates and Bed

low, they may do well to find the prisoners guilty; otherwise not.

Bedlow charged the Chief Justice, for not summing up his evidence right; who only replied, he knew not by what authority this man speaks. I shall only make this observation upon his lordship: In all former trials he went on without the least hesitation, or ruuning the same over again, as he did not in this; especially about the concern of innocent blood: but, by all that is good, it was my old master Clodpate's disease, peace be with him! always to sham up an evidence when any body had been with him the morning before.

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 guineas thrust into his hand.

They say in the north, That a jury consists of eleven fools and a knave: Now those of the south, as being more refined wits, are of a nobler consistence, as having more of the knave in them; for had they had a mind to have examined matters, and not barely to have acquiesced in outward appearance, they might have considered, that Oates and Bedlow did not swear by practice, like the boys of St. Omers, from this circumstance, That Rumley bad but one witness against him. Now had hanging, and not truth, been the designed matter, how easy a thing had it been for captain Bedlow to have agreed with Dr. Oates, 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.

It is no small wonder, I confess to Tom Ticklefoot, that nobody from the bench nor bar binted that circumstance; my old master Clodpate would have been banged 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.

LET nobody wonder at this attempt, as an argument of overweening, when so many of our sex are become statists; but I being nothing concerned at other ladies actions, will only give the reader, as introductory to my observations, a short account of my own life. I was placed with a beautiful lady of great quality about court, as superintendant of her Limbeck, Preserving-pans, and Washes; by which means, I became the chief confident, as being privy to all her intrigues. My lady past off her youthful years pleasurably enough both to herself and me; for the fresh lovers that flocked daily (to whom my lady was never hard hearted) were free of their money, both to herself and servants; but when my lady became a little superannuated, and was forced to send ambassadors to her former idolaters, the case, (as to money) came to be quite altered; so we lived upon the spoil, but yet pretty even and even; but her ladyship at last came to give boots, then there was no longer abiding for me; so I thought fit to retire whilst I had some money and beauty left; so accordingly did, into Chancery-lane, turned sempstress:

where

shop I keep for countenance

But- is my sustenance. Chaucer. And now having a litle knack in book learning, I diverted myself this dead vacation time with reading and comparing the late trials, with the observations of captain Ticklefoot, (for why not captain Ticklefoot as well as captain Bedlow?) They indeed are too unmannerly upon the chief magistrate, for it lays matters too open; they are likewise so rude upon the ladies that came to attest the truth, as it is not at all suitable to the generosity of a chevalier, for to treat a lady of Mrs. Ellen Rigby's quality, with the name of bitch-fox, and threepenny baggage,is not at all urbane. There were some indecencies about the other gentlewomen, which are not worth our confutation; so now I will modestly, as becomes our sex, examine the whole matter.

The detractors indeed do say, which I cannot help, if I was to be hanged, that my Lord Chief-Justice's carriage did not seem even, as not at all quadrating with the former trials. The only way to judge whether the detractors be rogues or no, is to lay down matters fairly, as they were transacted in Wakeman's trial, and compare them with parallel cases in the trials of the convicted persons. But before I fall into the main business, I must have the other fling at captain Ticklefoot, who is too severe in reflecting upon a descent there; I

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suppose he hath some British blood in him, and had a knight to his ancestor, or is akin to somebody that is akin to a lord, he would have had more wit else, than to have objected against any body what is not in his power to help, he might have remembered that worthy saying of Cicero, I had rather be the first than the last of my family; as likewise the brave atchievements of that great man, how he ran down a plot in his consulship, backed by so many of the Patricians, and chief nobility, nay, Cæsar himself was not free; it was so backed as the rebels were able, upon discovery, to dispute the matter by arms: yet that mushroom orator, that man of no images, by his own proper virtue brought it to light, and the traitors to punishment, notwithstanding that great abetting. Or, he might have remembered, had he read authors, what that great capt. Caius Marius said in his oration to the people of Rome, when he stood candidate for general in the Jugurthian wars, when his want of nobility was objected against him: Nobilitatem certe peperisse melius est, quam acceptam corupisse;' (for Padge hath a smack at Latin, but let them English it that will.) And I think my Lord-Chief-Justice has done his part as to every thing till of late; and whether well or no, now, is to be enquired into by circumstances. In the trials of Whitebread and his fellows, when the sixteen witnesses were brought over from St. Omers, to prove Oates in a lie about the time of the consult, his lordship, I must coufess, animadverted very sarcastically upon them, by saying, their testimony was alike to be believed, though not upon oath, as if they had been sworn, because they are of a religion that can dispense with oaths, though false, for the sake of a good cause. And then reflecting upon the nature of the men, he goes on very floridly, and teils the jury, That they are proselites, and young striplings of their church, which does indeed, in one respect or other, abuse all her disciples, and keep them in a blind obedience to pursue and effect all her commands: And then going on, says of the witnesses, That they were young boys sent for hither on purpose to give this testimony; and though it be no fault in the prisoners to send for what evidence they could; but it is very doubtful and suspicious to have such green and flexible minds thus employed; and I must leave it to you; meaning the jury, to consider how far these young men, trained in such principles, may be prevailed on to speak what is not true.

And then, after his lordship had done what became him by running down the school-boy's

evidence, he makes this as a natural inference, "That they cannot want witness to prove what they please; for I believe there is none of thein all will make any bones of it."

It cannot be said, I must confess, that there was any such pains taken to run down the credit of the gentlewomen that came to invalidate Oates's testimony, upon the account of their religion, or of their sex, very prevailable upon to speak what often is not true; for the first was never so much as hinted, nor so much neither as that they were not upon their oaths, which there was great care taken for in the St. Omers' boys. I must confess, my lord's treating Mr. Oates about the witness Nell Rigby, is a wonder to me; for his words are so plain, that they imply he has lied all this while, and is to be believed no more. "It is well observed," says he, "that he was a begging there;" viz. at Pickering's, formerly executed. "It is very much that such a man should know of such a design on foot, and they use him on that manner;" and concludes," that that amongst other things was worthy consideration." My lord was pleased to gallant Mrs. Sheldon and Alice Broadhead at the same rate, by allowing their tale, though it was in the negative, that Mr. Corker did never officiate as the president of the Benedictines, which made Dr. Oates's evidence ineffectual. I must not forget, amongst all, my lord's great compliment to the city, which it may be pleased some as much as the verdict did please others; "We have a bench of aldermen," says he, "have more wit than the conclave, and a Lord Mayor that is as infallible as the Pope." Now if all these things put together deserve another name than fair practice, I, poor Madge, cannot help it.

P. S. But to come to the point; here are three men indicted for no less than high treason (for Rumley is to be omitted, the proof against him being justly allowed to be imperfect) one, for having undertaken, for a base reward of money, to have poisoned a great monarch, his lawful prince and sovereign; a king, and consequently, by virtue of his office, sacred in his person, as being elevated to the high dignity of a God upon earth by the affirmative of nevererring scripture itself: a crime so enormous, so void, to set religion aside, of those common dictates of heathenish morality, that it was never so remarkably violated till Judas and the murderers of his father taught the way': A crime to have been committed against a majesty so mild, so tender of enforcing conscience, so indulgent, that he frequently dispensed with the rigor of his own laws, to mitigate their punishment; interposing in hopes of reclaiming them, between them and the violent prosecution of an incensed parliament. And yet, for all this, mercy itself must be assassinated or poisoned. What can we think, but that men, who dare attempt such ungodly massacres upon the holy person of a God upon earth, would not stick for double the sum, to poison their Creator himself, at the instigation of the devil,

his great adversary, were it within the verge of their prostituted recipes? But happy the gentleman was under the bonds of confession. And then, "Better that all the kings of the earth should perish, than that the seat of confession should be broken;" as Binetus the Jesuit told the learned Casaubon.* Or else the assertion of that other Jesuit prevailed with him, who averred to the same Casaubon in France, "That if Christ were again upon earth, in a condition subject to death, and any one should tell him that he had a design to kill him, that he would suffer Christ to be murdered, rather than reveal the confession t." Since then the crime was so considerable, and the consequences of its being perpetrated, must have proved so fatal to the nation, it cannot well be thought that an under-sheriff alone was a fit person to be the sole judge of the probity and judgment of a jury that was to pass their verdict upon a fact of so much weight, and so dreadful to the very thoughts of his majesty's subjects in the issue of the success,

As for the other two, though their crimes were not absolutely so great, yet were they heinous enough; they were both privy to the conspiracy, allowed it, fostered and encouraged it; and were the raisers and contributers of very large sums towards the carrying it on.

As for the proof of the indictinents, it was certainly as bright as summer sunshine; it is to be feared, too bright to dazzle the eyes of so many mens' understandings. Then for the defences of the prisoners, they were publicly allowed to have been very mean, and that their cause looked much better before they were heard: which the jury, had they not been adders, might have heard; for it was spoken loud enough. For what signified all their procrastinated endeavours to shelter themselves under the scandals and reproaches which they threw upon the king's evidence? A trick they had all used, though not with the same success; and that is one thing that reason professes herself to be puzzled at: For what had the king's evidence done to render them more flagitious than they were the former sessions? why to be less credited than before? they had been as deep in the Plot as themselves, it is true; but they had reclaimed themselves from their disloyalty, and by a seasonable discovery, had ruined the villainous architecture of their treachery; for which they had received the king's pardon; and so being recti in curia, were not® to be canvassed by the foul mouths of those that laid hold of every rotten bough to save themselves. And it was a hard case that they should stand there as at a stake, rather to be baited than examined: but suppose them guilty of the luxuriant misdemeanours of the age, what law is there in any nation that we know of, that excludes an adulterer, an atheist, a fornicator, or a drunkard, a proud or a covet

* Hennam Conringeus, De Rebus Publicus totius Orbis.

+ Casaubon in Respub. ad C. Terren,