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B01290
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Die Sabbati 9 ̊Maij, Anno Domini, 1685 in banco Regis. Dominus Rex versus Oats.
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1685
(1685)
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Wing O45A; ESTC R174692
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90,904
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62
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is not here Oates Pray call Mr. Robert Bowes Cryer He is not here Oates Pray call Mr. John Savill Cryer He is not here Oates My Lord I have served all these with Subpoena's and if they will not come I cannot help it L. C. J. Nor we neither Oates Mr. Jennison was used as a VVitness in the Tryal of Sir George Wakeman and so was Mr. Bowes and Mr. Burnet who was produc'd to prove the circumstance of Mr. Jennison's Evidence But my Lord since I cannot have the benefit of his Evidence nor of Sarah Paines I must only sum up all I have to say in two or three words My Lord besides that what I did deliver in Evidence at those Tryals I gave in upon Oath you have Mr. Bedloe's Evidence at the Tryal of Ireland testified by Mr. Blayney and the testimony of him as a dying man given into my now Lord Keeper wherein he averr'd That what he had spoken of the Plot was all true And you hear that he swore Mr. Ireland was here in Town in August and so did Sarah Paine too and I think upon my self as very hardly used to have such a part of my Testimony brought in question after Witnesses are dead or gone out of the way As for Mr. Jennison his Evidence was formerly made use of and his Evidence was approved of too as is well known to those that sate Judges upon the late Viscount Stafford But this is that my Lord I must needs say for my self That as I hope to see the day of Salvation in another world whatever I have sworn about Mr. Ireland's being here in Town betwixt the Eighth and Twelfth of August 78 and in the beginning of September is true as I shall answer it before God another day And my Lord as to the Evidence this day brought against me I desire you would but observe though that there are many of those Witnesses yet a great part of them do not come up to the Eighth or Twelfth of August and I hope your Lordship will remember and remark to the Jury what little Credit those of them had that came to testifie in the behalf of Mr. Ireland at his Tryal and at the Five Jesuits Tryals of which there are two Records before you and they do first justifie this That Ireland and the rest of them were Guilty of what they were accused of and then That these Witnesses did not testifie the Truth Besides these two Tryals my Lord you have a third Verdict and that is at the Tryal of Mr. Langhorn Now the whole Popish Plot almost was laid forth in those three Tryals and my Lord I believe verily I am the first Precedent in all England of any ones being Indicted for Perjury that was a Witness for the King in such a Case as this after six years time elapsed after Verdict upon Verdict and Judgment and Execution upon these Verdicts and when no new Objection is now offered but what was then started and no new circumstance occurs now but was as forcible then except it be the change of the Season And I desire it may be considered when all the Judges of England were Commissioners of Oyer and Terminer at those Tryals these matters were fully discussed and debated and then they did look upon all the Objections as fully answered and confuted My Lord I am confident if I had been a Witness in any other Cause than of a Conspiracy of the Papists I might have had fairer quarter than I have now And I do verily believe that at this rate it is more safe for Papists to be Traytors than for any Protestant to discover a Popish Plot. My Lord and Gentlemen of the Jury I beseech you to take my Case into your serious Consideration as to the hardship of it and since all my Witnesses are in places unknown or they are such as considering the Times dare not appear some of them being Lawyers and under fear they shall fare the worse in their Practise and others being persons that depend upon the Law and think they shall be lookt ill upon as I am now lookt upon with a hard eye by the Popish party and their Adherents Yet I hope you that are sworn to do Justice will not let me be ruined by a number of false Witnesses by the Evidence of Papists that are parties For if your Lordship please to consider that Vote of the Lords House which is a Court of Record wherein they do declare that they are fully satisfied by the proofs they have heard that there then was and for divers years 〈…〉 had been a Horrid and Treasonable Plot and Conspiracy contrived and carryed on by those of the Popish Religion for the murdering of his Majesties Sacred Person and for subverting the Protestant Religion and the Ancient and Established Government of this Kingdom which Vote of Parliament my Lord does make the Papists to be all Parties in this Case and where they are Parties I hope they shall not be admitted as Evidence or at least not be believed because there is a turn to be served by them against me and a revenge they are resolved to take upon me for they have hopes now of bringing in their Religion and are to welcome that in with my Ruine and this is the cause of this prosecution Their eyes do see now what their hearts so long desired that is the death of a Great man who died but lately and against whose Life they had conspired so often and so long My Lord if this had been the first Conspiracy that ever the Papists were guilty of there might have been some more scruple and objection in the case But if you cast your eyes upon Campian and others in Queen Elizabeths time of Garnet and the Powder-Jesuits in King James's time and the designs of the Popish party in the time of the late King Charles the first discovered to the Archbishop of Canterbury If these things do pass for Truth and there is no Averment against so many Records as we have of their Conspiracies then my Discovery is no such improbable a thing and I hope then the Gentlemen of the Jury will take it into their considerations who they are that are Witnesses in this case men whose very Religion is Rebellion and whose Principles and Practises are pernicious to the Government and thereby they are to be lookt upon as dangerous persons in Church and State But my Lord if the Letters of Coleman be well considered they will justifie me that he Corresponded with Le Cheese the French Kings Confessour for the promoting of Popery in England is notorious to all mankind that have either read or heard that Tryal Your Lordship was of Council for the King in that case and heard how it was opened and plainly proved upon him And when his Letters have been made so publick and proved under his own hand nay and confessed by himself I think no man will doubt but that must be a plain proof of the
my Nephew Biddolph did dine there As for the day of the Month I cannot so well tell it because when my Friends dine with me I do not use to note down the day particularly but it was I remember a pretty remarkable time for it was about Pancrass-Fair Mr. Gerrard of Hildersome came with him and Mr. Ireland being a Stranger I asked who he was and they told me it was Mr. Ireland He never was at my House before nor after he was a meer Stranger to me L. C. J. What day was it say you Mrs. Crompton It was the same day my Nephew Biddolph dined there L. C. J. Was it Munday the second of September do you remember Mr. Att. Gen. He says he was at her House at Millage that day and she says it was the same day he dined there Mrs. Crompton But I never note down the particular days when my Friends dine with me except I had particular occasion to do it as I had none at this time Oates My Lord I desire to know what Religion this old Gentlewoman is of Mrs. Crompton I am a Roman Catholick my Lord. Mr. Att. Gen. Swear Mrs. Palmer Which was done Mr. Soll. Gen. Mrs. Palmer where did you see Mr. Ireland Mrs. Palmer I was at dinner at Mrs. Cromptons at Millage where there was a Gentleman called Mr. Ireland that did dine there L. C. J. When was it Mrs. Palmer I cannot tell truly what day it was L. C. J. Who was there besides you at dinner that day Mrs. Palmer 'T is so long since I cannot remember L. C. J. Was Mr. Biddolph there Mrs. Palmer Not that I remember my Lord. L. C. J. What do you bring her for Mr. Attorney Mr. Att. Gen. She dined there that day it seems but if she cannot remember it I cannot help it L. C. J. But these kind of Witnesses do but slack your proof Mr. Soll. Gen. My Lord I think we do ever do our Business indeed Mr. Att. Gen. We have one Witness more to this point and that is Mrs. Mary Holmes Swear her Which was done Where did you see Mr. Ireland in the year 78. Mrs. Holmes I saw him at Millage my Lord. L. C. J. When Mrs. Holmes The first or the beginning of September I am sure Mr. Soll. Gen. What day of the week was it Mrs. Holmes Munday L. C. J. You have proof enough of this Mr. Attorney General Mr. Att. Gen. Truly I think so my Lord. Mr. Soll. Gen. Pray swear Mrs. Esther Gifford Which was done Mrs. Gifford when did you see Mr. Ireland Mrs. Gifford Upon the second of September 78 I saw Mr. Ireland above a hundred miles from this place Mr. Soll. Gen. Where Mrs. Gifford At Pancrass Mr. Soll. Gen. What time of the day was it Mrs. Gifford In the Afternoon about Four or Five a Clock Mr. Soll. Gen. Did he stay there all night Mrs. Gifford I cannot tell indeed Mr. Att. Gen. Swear Mr. Pendrel Which was done Mr. Soll. Gen. Now my Lord we are come to the second of September in the Evening we shall prove where he was that night and the third and then we shall return to the fourth of September when Mrs. Harwel swears he came back to Wolverhampton Mr. Hanses When did you see Mr. Ireland Mr. Pendrel Mr. Pendrel I saw him upon the second of September Mr. Att. Gen. Where did you see him Mr. Pendrel At Boscobel at my House there he lodged with me that night Mr. Soll. Gen. In what year was it Mr. Pendrel In the year 1678. Mr. Att. Gen. Was it the September before the Plot and before Mr. Ireland was Executed Mr. Pendrel Yes my Lord it was L. C. J. Did you know him before Mr. Pendrel No I did never see him before as I know of L. C. J. How long did he stay there Mr. Pendrel He stayed that night and the next day all day and went away the 4th of September to Black Ladies Mr. Soll. Gen. Whose house is that Mr. Pendrell It is Mr. John Gifford's L. C. J. You say you live at Boscobel did you hear any thing of a Letter came to your house for Mr. Ireland Mr. Pendrell Not that I know of my Lord there was not any that I remember Mr. Att. Gen. Then swear Mrs. Pendrell which was done Mr. Soll. Gen. Pray Mistriss will you give an account where you saw Mr. Ireland Mrs. Pendrell I saw him at Boscobel at the Royal Oak he came there the second day of September Mr. Soll. Gen. Can you tell what year it was Mrs. Pendrell It was the first beginning of the Plot. Mr. Soll. Gen. How long did he stay there Mrs. Pendrell He staid Tuesday and Wednesday he went to Black Ladies and so away to Wolverhampton Mr. Soll. Gen. We have but one Witness more my Lord for Wednesday the fourth of September and then we have done Swear Mr. Charles Gifford which was done When did you see Mr. Ireland Mr. C. Gifford May it please your Lordship I saw Mr. Ireland at my Fathers house at Black Ladies Oates My Lord I would ask Mrs. Pendrell a Question before she goes Whether she was not a Witness at the five Jesuits Tryal Mrs. Pendrell I was in Court but they would not suffer me to swear Oates Did she not give Evidence there L. C. J. She was examined but she could not be sworn because she came to testifie against the King in a Capital Cause Mr. Att. Gen. Pray what say you Mr. C. Gifford Mr. C. Gifford My Lord I say I saw Mr. Ireland at my Fathers house at Black Ladies and he staid there an hour and a half and went thorough Chillington and said he would go to Wolverhampton Mr. Att. Gen. What day of the month was it Mr. C. Gifford I am morally certain it was the fourth of September and so he went to Wolverhampton as I am informed He came to our house to see a Lady that was there L. C. J. What Lady was it Mr. C. Gifford It was one Madam Wells Mr. Soll. Gen. Thus my Lord we have lodged him the fourth of September at Wolverhampton when Mrs. Harwell says he returned to her and so my Lord we have given an account where he was from the third of August to the 14th of September Mr. Soll. Gen. We have prov'd where he was every day in that time but onely the 8th of September and for that we must leave it to the Jury We have proved that he came away from Mrs. Harwell's the 7th and said he was to go to Tixhall and the ninth he did go from Tixhall in Sir John Southcoates company and came to London the 14th L. C. J. Well what say you to it Mr. Oates Oates Has Mr. Attorney done his Evidence my Lord Mr. Att. Gen. We shall call no more Witnesses unless you go about to support your own Credit and then we have other Witnesses to call Oates I do not value any Witnesses you can bring against my Credit Mr. Att.