SOME OBSERVATIONS Upon the Late TRIALS OF Sir GEORGE WAKEMAN, CORKER and MARSHAL, etc.  
By Tom. Ticklefoot the Taborer, late Clerk to Justice Clodpate.  — In tempore dicere verum Quis vetat? 
LONDON, Printed for A. Brewster. 1679.   

SOME OBSERVATIONS Upon the Late TRIALS OF Sir George Wakeman, Corker, and Marshal, etc.  
THe Reader may perhaps wonder why I should wave the Employment of Clerking to a Westminster Justice, who seldom are of the wisest; and turn Minstrel; but upon serious thoughts he 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 Bawdy-Houses 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 having 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, Prance 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: amongst other things it was proved by an undeniable Witness, Mr. Jennison, corroborated with notable Circumstances, that Ireland died with a Lie in his Mouth, as by consequence Sir John Southcot and his Lady lives with the same veracity, which my old Master would have made another kind of use on than was made; then was some fine Harangues about it to answer some Objections, yet nothing was reduced to practise in the Case, during that part of the Trial in which the Prisoners were but remotely concerned; it may be observed, that Corker fell into great undecencies of passion, against the Witness Dugdale, an argument of Gild 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 Oats proved, that Wakeman refused ten thousand pounds, 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 Langhorne's Chamber; and further, as appeared by the said Entry Book, there was five thousand pounds 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 Relations: and future hopes, and Oats to swear true, which no wife man will dispute, there might be two Letters, which Sir George would stir 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 Doctor Oates, that Wakeman had a Commission to be Physician General 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 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 two thousand pounds at your service, replies Harcourt; which Bill Sir George accepted, and afterward 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 Confident, 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, etc. Before the Prisoner called his Witness, 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 two thousand Bill, but not said for what, 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 abovesaid. Sir George replied, what if the Queen had given me two thousand pounds for my service done her, is that any harm? I have deserved I am sure for nine years' Service; yet a little before 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, than we will do it at Newmarket. The Lord Chief Justice made Bedlow report 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, & Sir Robert Sawyer, & submitted to it most Christianly. Then Bedlow went on, and swore, that Sir George 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 had 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 two thousand pounds 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 always install 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 invoked God to witness to a Lie, about your never seeing Bedlow within these ten Minutes.  
Against Corker, Oates deposeth, that he saw his Patent from Rome to be Bishop of London; that he was privy, and did consent to Langhorne's Proposal to the Benedictine Monks, to advance six thousand pounds towards carrying on his Design, his consent being necessary, because he was Precedent; 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 William 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 himself prattle, to spend so much time to 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 L. C. J. intimated; yet he did it by a sufficient Circumstance, when he gave Sir William 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, Marshal were charged with: the other, Rumley had but one Witness against him, so went off on course, Sir George now called his Witness, 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 Oats was not at all contradicted by them, but they might both say true, and that the C. J. told them. Then Sir Philip Loyd was called upon by Sir George Wakeman, to adjust what Doctor Oats 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 himself 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 hear-say evidence (as my old Master used to term it) he replied with lift up hands, God forbidden (for I must tell truth, says Sir Phil. Lloyd, let it be what it will) that I should say any thing against Sir George Wakeman; for I know nothing more against him. Oats replied, he knew nothing at all of this. Sir George triumphed, 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 Oats 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 appear to any body else, that this Knight has as great a kindness for Sir George, as for truth, and bidden the Jury have 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, quaere, whether that will quit him for the Horse, or aught 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 evividence afterwards one of the short came to swear home, and was admitted, the Prisoners found, 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 Oats his further Testimony; for the Council-Table is no Court of Record as this is.  
Sir Thomas Doleman was called in for Oats, who said, that Oats 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 his meene. When Sir Thomas Doleman had done, Sir George unbidden fell into a repetition of what he had said at the Council Table in his defence, which resolved only into a telling what a Gown he had been for the King, what work his Brother made at Worcester; how his Father lost eighteen thousand pounds Estate for the King, how he was in a Plot for the King, was taken at his Apothecaries, 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 Lamspring in Westphalia, and such other small matters; but at last he said, he was not Precedent of the Benedictines; which was material, had it been well proved, for it obviated Mr. Oats his Accusation of consenting to the six thousand pounds as Precedent. 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 he could have come within three days, and many good morrows to no purpose. Then Corker called his Witness Nell Rigby, to prove that he was in the Savoy when Pickering was taken; and that Oats and Bedlow did know so much: she likewise averred, that Stapleton was Precedent of the Benedictines, and Corker never officiated as such, and that she saw Mr. Oats 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 Nonsuit, 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 Mistress Sheldon was called to prove Stapleton Precedent 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 G. Wakeman fell to a detesting, forswearing, and abominating the Plot, and that he had never a farthing for any such thing. Corker much at that rate: And Marshal made an 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 Ch. J. Sc. Who after some little trifling velitations with the Priests, summed up the Evidence. In the first part he proved by Mr. Jenison, as has been hinted before, that Ireland died with a lie 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 lie, 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 C. J. goes on and sums up Oats 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 Oats, to be Physician to the new Army; and then his Lordship goes on, and allows that, as likewise that he refused 10000 l. and would have 15000 to do the Work; but with an unusual sweetness, leaves the Truth with the Jury, and then falls most Religiously into a declarement a 'gainst 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 summed it up a little short, yet he makes him a second Witness against Wakeman, if the Jury will believe him. Now considering these [Ifs] were never put before, why the Devil should they now, would Old Clodpate have said; and so say I Tom Ticklefoot.  
And then the Chief Just. 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 Precedent of the Benedictines, his Lordship affirmed from the Testimony of three Fling-stinks, 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 Oats 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 no body 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 Oats and Bedlow, they may do well to find; otherwise not.  
Bedlow charged the Chief Justice for not summoning 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 running the same over again, as he did not in this, especially about the concern of innocent blood: But by all that's good, it was my Old Master Clodpate's disease, peace be with him, always to Shame up an Evidence when any body had been with him the Morning before.  
About an hour after the Jury returned and brought 'em in not guilty; but according to their abundance of want of understanding, enquired whether they might not bring 'em 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'm sure that's their best Plea; otherwise they must yield themselves to be great betrayers of their Nation, and lie under a damned suspicion of being foully practised upon; Especially if that be true that runs about in Coffeehouses, That a Gentleman, that went out amongst 'em, had a sealed Paper of 50 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 acquiest in outward appearance, they might have considered, That Oats and Bedlow did not swear by practice like the Boys of St. Omers, from this circumstance, That Rumley had 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 no body from the Bench nor Bar hinted that Circumstance; my Old Master Clodpate would have been hanged before he would have miss such a Barn-dore.  
I am more particular in this, to the end that circumstance of their not Combining, may induce Juries for the future, to look upon them, as Men that swears only according to the dictates of Truth, notwithstanding the Shame Tale of the Doctor's begging at Pickering's.  
FINIS.