Jones Was he at Tixhall the 12th of August Lord Ch. Just He sayes he was there till Tuesday the 13th Pray let us not have the same questions repeated over and over against Mr. Sol. Gen. Where did you go on Tuesday night Sir Edward Southcoat We went to Nantwich and lay at the Holy-Lamb there Lord Ch. Just Where were you the next night Sir Edward Southcoat The next day we reached to St. Winifreds Well Lord Ch. Just Where did you lie there Sir Edward Southcoat At the Star which is the great Inn there Lord Ch. Just It is so Mr. Att. Gen. Was Mr. Ireland there with you Sir Edward Southcoat Yes he was Mr. Att. Gen. Whether did ye go then Sir Edward Southcoat We staid not but one day at Holy-Well for we arrived there pretty late at Night and all the Morning we spent there and went away in the Afternoon and came that Evening to Chester and lay there only one night and came the next day to Tixhall again Mr. Att. Gen. Which was Fryday the 16th of August Mr. Sol. Gen. Pray my Lord be pleased to ask him Whether this Gentleman Mr. Ireland was with them all the while in this Journey to Holy-Well Sir Edward Southcoat Every day particularly I Remember it very perfectly Mr. Att. Gen. After he came to Tixhall again How long did he tarry there Sir Edward Southcoat That I cannot so well say I do not remember truly but he was afterwards at my Lord Astons at Tixhall I remember some scambling daies but I can six upon only two Lord Ch. Just Which are they Sir Edward Southcoat I cannot tell what day of the month it was or what day of the Week but one day that I remember him there was Mr. Chetwin's Race with Sir Henry Gough and one other day Lord Ch. Just. When was that Horse-Race Sir Edward Southcoat My Lord I cannot tell what day of the Month it was Mr. Att. Gen. When was the other time you speak of Sir Edward Southcoat I remember him there one Thursday up 〈…〉 the Bowling-green at Tixhall where there was a particular Company Mr. Sol. Gen. My Lord We desire to know when his Brother did buy the Horse of Mr. Ireland Sir Edward Southcoat When we came back for he came home with us from my Lord Astons and we began our Journey the 9th or 10th of September from Tixhall to Kingston and when we arriv'd at my Fathers House my Brother bought the Horse of him Lord Ch. Just Did you come home back again with Mr. Ireland do you say Sir Edw. Southcoat Yes my Lord we did Lord Ch. Just When did you set out from Tixhall Sir Edw. Southcoat The Ninth of September my Lord I think it was I am sure it was upon a Monday the Ninth or Tenth Lord Ch. Just When did you come home Sir Edw. Southcoat We were Four Days on our Journey Lord Ch. Just And did you come straight to London Sir Edw. Southcoat No we went to my Father's House in Surry Lord Ch. Just Which way did you come Sir Edw. Southcoat The First Night we came to the Bull in Coventry and from thence the next Night we went to the Altar-Stone at Banbury and from Banbury we came the Third Day to Agmondishman I think it is called a little Town in Buckinghamshire And from thence the Fourth Day to my Father's House by Kingston in Surry Mr. Att. Gen. And then Ireland sold his Brother his Horse Lord Ch. Just How long was he at your Father's House in Surry Sir Edward Sir Edw. Southcoat My Lord we came on the Thursday and as I take it he went on the Saturday to London My Brother after he had bought his Horse lent him the Horse to Town and sent a Man with him to bring it back again Mr. Att. Gen. That Saturday my Lord makes it come just to the Fourteenth of September and is the very Day Fortnight before Michaelmas-Day Oats My Lord I desire to ask this Gentleman Whether he saw Ireland all August and till the Fourteenth of September in Staffordshire and elsewhere and How long in Staffordshire Sir Edw. Southcoat I cannot say as to any particular Days of the Months after our Coming from Holy-Well till our Coming from Tixhall to London Lord Ch. Just Marry if he did he would contradict what he had said before For from the time of Coming from Holy-Well to the time of Coming back to London he could tell but of Two Days and those uncertain For he remembers not by the Times but by other particular Circumstances Oats Pray my Lord be pleased to ask him this Question When was the First Day he saw him in September Sir Edw. Southcoat Truly my Lord I remember not any Day before we began our Journey home Mr. Att. Gen. But my Lord this is his Testimony He was in his Company till the Sixteenth of August It is true there were other times that he saw him at Tixhall but he cannot particularly speak unto them But by and by we shall go on to every Day and prove particularly where he was Oats My Lord I desire to know Was Sir Edward Southcoat at the Tryal of Ireland a Witness or no Sir Edw. Southcoat No I was not my Lord. Oats Were you at Whitebread's Tryal Sir Sir Edw. Southcoat Yes I was and gave the same Evidence I give now Mr. Sol. Gen. Then swear Mr. John Southcoat Which was done Mr. Att. Gen. This is Sir Edward Southcoat's Brother my Lord. Lord Ch. Just What he that bought the Horse Mr. John Southcoat Yes my Lord I bought the Horse of Mr. Ireland Lord Ch. Just Well what do you ask him Mr. Att. Gen. Pray Sir When did you meet Mr. Ireland in August 1678 And where Mr. John Southcoat My Lord I met with Mr. Ireland upon Monday the Fifth of August at the Bull-inn in St. Albans with my Lord Aston I came thither that Day with my Father 〈◊〉 Mother And the next Day we went to Northampton and there we Inn'd at the Sign of the George Sir William Farmer 's House which is an House in the Road us'd for an Inn since the Town was burnt And I convers'd with him every Day in our Journey And from thence the next Day we went to Coventry to the Bull-Inn there and from thence to my Lord Astons on Thursday-Night at Tixhall There we stay'd all Fryday Saturday Sunday and Monday Mr. Ireland was there I was with him all the while And then upon Tuesday we set out for Holy-Well in Flintshire and went that Night to Nantwich to the Lamb there And the next Day we went through Chester to Holy-Well We stay'd that Night at Holy-Well and the next Day came back again towards Noon to Chester and there lay that Night And then the next Night which was Fryday we came back again to Tixhall Lord Ch. Just Was Mr. Ireland with you both those Journeys all the while Mr. John Southcoat Yes my Lord he was I did see him and
the 17th of August and I did see him there the 18th and I did see him there the 19th and I did see him there the 20th and I saw him there upon the 22th 23th 24th and 25th and that was the last time I saw him there L. C. Justice At Mr. Harwells was it that you saw him Mrs. Winford Sometimes at Mrs. Harwells and sometimes at my Fathers House who lived in that Town Oates My Lord I desire to know how she comes to remember those dayes so particularly Mrs. Winford I remember them because St. Bartholomews Day was the 24th of August and that was the Saturday after he came to Town and the first day I saw him was the Sunday before and so I reckon it to be on those dayes I saw him L. C. Justice Have you any other Questions to ask her Mr. Oates Oates No my Lord I have not She was a Witness before at Whitebread's Tryal and was not believed there L. C. Justice We 'll make your Remarques by and by and let them now go on with their Evidence Mr. Soll. Gen. Then swear Mr. William Stanley which was done Mr. Att. Gen. Pray did you see Mr. Ireland at Wolver Hampton and when Mr. Stanley Upon the 18th of August 78. It was Sunday I saw Mr. Ireland in Wolver Hampton in the Morning and in the Afternoon he was in my own House Upon Munday the 19th I saw him twice that Day at my own House I positively speak that and I verily believe I did see him on Tuesday the 20th and Wednesday the 21th but Thursday and Friday I cannot say I did see him those two daies For he went upon one of them to Litchfield But upon Saturday and Sunday I am sure I saw him and two or three times some dayes Oates Pray Mr. Stanley did you know him before Mr. Stanley No I did not Sir Oates Was you at his Tryal Mr. Stanley No I was not Oates Were you at the five Jesuits Tryal Mr. Stanley No I was not in London since till the last Term. Oates What Religion are you of Sir Mr. Stanley What Religion are you of Mr. Oates L. C. Justice Nay do not ask Questions but answer the Questions he asks Mr. Stanley I am a Roman Catholick Mr. Att. Gen. Mr. Stanley Pray can you Recollect any Circumstance how you came to remember that it was such and such Days that you saw him Mr. Stanley Yes my Lord I can L. C. Justice What are they tell them us Mr. Stanley I buried a Child that Morning being Sunday the 18th of August and he came to my House in the Afternoon and I entertained him with those things that I had provided for to entertain my Friends at the Funeral On Munday was a Wake and the young People went all to the Wake and left Madam Harwell alone and so she came with him to my House and I entertained him with the lame kind of entertainment that I did the day before L. C. Justice That is a remarkable Circumstance indeed Mr. Att. Gen. Swear Mrs. Dorothy Purcell which was done What say you Mrs. Purcell when did you see Mr. Ireland at Wolverhampton Mrs. Purcell I saw him the 18th 19th 20th 21th 22th and 23th days of August 1678. Mr. Att. Gen. Where did you see him Mrs. Purcell At a Friend's House in Wolverhampton L. C. Justice How come you to remember those days of the Month Mrs. Purcell I remember them by particular Circumstances L. C. Justice What are those particular Circumstances Let us hear them How come you to name those very days the 18th 19th and so on Mrs. Purcell I can remember it as well as any thing in the World Oates I desire my Lord that she may tell how she does remember it Mrs. Purcell That 's enough and as much as need to be said I remember very well Oates But I desire to know how you come to Remember it Mrs. Purcell I remember it I tell you very well And I do affirm I saw him 〈◊〉 Oates But you do not tell what Circumstances you remembed in by Mrs. Purcell No there is no need of it I am sure I saw him there then Mr. Att. Gen. Tell him some Circumstances Mrs. Purcell Those were the days before Bartholomew Eve Oates My Lord Is this any thing of Evidence L. C. Justice The Jury hears it and they will Consider of it Oates What Religion are you of Mrs. Mrs. Purcel Must I tell what Religion I am of L. C. Justice Yes answer his Question Oates I dare say she is a Papist she need not trouble her Head to answer it Mr. Att. Gen. Swear Mr. Scot which was done Were you at Wolverhampton when Mr. Ireland was there Mr Scott Yes I was Mr. Att. Gen. Did you do any Service for him there Scott I look'd to his Horse Mr. Att. Gen. When did he come thither do you remember Scott I cannot tell just the time that he came in Mr. Att. Gen. What day of the Week was it that he came thither Scott It was of a Saturday Mr. Att. Gen. What Month was it Scott I cannot tell very well what Month it was It was in August I think Mr. Att. Gen. How long did he continue there Scott The space of a fortnight off and on Oates Is that Evidence my Lord that he has delivered L. C. Justice It is but very small Evidence It is only Circumstantial to confirm the other Testimony Mr. Att. Gen. How long was it before Ireland was tryed and executed can you tell that Scott No I know nothing of it Mr. Att. Gen. Then swear Mr. John Stamford which was done Mr. Soll. Gen. Did you see Mr. Ireland at VVolverhampton and when was it I pray you Mr. Stamford My Lord in the year 1675 I was sent beyond Sea to St. Omers to fetch over two young Gentlemen that were Students there And there I became acquainted with Mr. Ireland who was then Procurator of the Jesuits at St. Omers And in August 78. I did see him in VVolverhampton upon the Sunday after the Assumption of our Lady which was the 15th of August he came to see me and I saw him there that Day L. C. Justice What day of the month is the Assumption of our Lady Mr. Stamford That is alwayes the 15th of August my Lord. Mr. Att. Gen. How often did you see him there Mr. Stamford I saw him Sunday and Munday and till that seven Night I saw him every day in that Week but one when he went to Litchfield Oates My Lord I desire to know how he comes to remember that it was at that time L. C. Justice He tells you a Reason for it because it fell out to be upon the Sunday after the Assumption of our Lady which is alwayes the 15th of August Oates My Lord he sayes he came acquainted with Mr. Ireland at St. Omers L. C. Justice Yes he says that was in the year 1675. Oates I desire to know my Lord what Business he had there
saw him not again tell a fortnight before Michaelmas And that he did go out of Town upon the Third of August is further prov'd by my Lord Aston who noted it down in his Book at that time that Ireland came to his House at Standen in Hartfordshire so that here is as strong an Evidence as can be that he did go on the Third of August and that they remember it to have so been by all the Circumstances that can be imagin'd Well the Third of August he went out of Town The Fourth of August we give an account where he was He stayed that day with my Lord Aston at Standen The Fifth of August he set out with my Lord Aston's Company and went to St. Albans The Sixth he went to Northampton The Seventh to Coventry The Eighth to Tixhall and the Company that went with him proves it which was Sir Edward Southcoat and Mr. John Southcoat and Harrison and Hobson who saw him go in the Company and Mr. North who saies he saw him every day and Ingletrap the Coachman that drove the Coach all these remembers it positively and some of them speak of a remarkable pretty Horse which he rid upon Now when he comes from Tixhall for we have brought him hither by manifest proof by men that could not forget by men that saw him in the Company There he remained as they all testifie till the Thirteenth of August and that was the Tuesday after his Arrival at Tixhall and from thence he went that day a Journey into Flintshire to Holy-Well and that is proved by the Witnesses that were in his Company in that Journey They tell you the Thirteenth he lay at Nantwich The Fourteenth at Holy-Well The Fifteenth at Chester And the Sixteenth he came back again to Tixhall And so here you have abundance of Witnesses that give you a particular account where he was in what Company they say him from the Third of August to the Sixteenth If he were then in this Company from the Third to the Sixteenth he could not be in his Chamber in Russel-Stâ—…t between the Eighth and the Twelfth Then we came to the Seventeenth and then we find him to be at Wolverhampton where he continued to the Twenty-sixth and that it must be between the Seventeenth and the Twenty-sixth is plain For after that time which Mrs. Harwell speaks of the other Witnesses gives such Circumstances that it cannot be otherwise You find him on the Twenty-seventh at a Horse-Race which is a remarkable Circumstance And these are things that men do very well remember what dayes of the month they happen upon We then give you an account of the Twenty-nineth that at Tixhall he was seen in Company upon the Bowling-Green with Persons of Quality Sir Thomas Whitegrave and others So we give you an account where he Lodged The Twenty-eighth he was at Bellamore the Twenty-nineth he went to Mr. Hereninghams there he Lodged till the First of September and this is remembred by particular Circumstances that he went a Fishing and a Setting and a Hunting Then the next day which is the First of September and the next day after the Second of September they saw him at Mr. Gerrards he din'd upon the Second at Mrs. Cromptons and lay at Boscobel there he continued the Third and the Fourth he came to Wolverhampton again So that this shewes that what Mrs. Harwell did speak of was true for if Mrs. Harwell did see him as 't is not at all doubted but she did It must be in that interval of time between the Sixteenth and the Twenty-seventh where we give you an account of him by other undeniable Circumstances that he Lodged at other places and could not Lodge at her House in Wolverhampton Besides Gentlemen the particular Circumstances that they do remember him by proves it to be on those Days Mrs. Harwell gives her positive Oath That he did come there the Seventeenth and lay there every Night to the Twenty sixth which was on the Monday Seven-night after and that he came again the Fourth of September after and lay there till the Seventh Then there is Rushton another Witness that saw him at her House the Eighteenth Nineteenth Twentieth Twenty first Twenty second and Twenty fifth And I say 〈◊〉 must be those Days because we have given an Account by other Witnesses of all the other Days And it must be that very Time that Oats speaks of For it was the Summer before Ireland was Apprehended and Executed for the Plot which was Michaelmas 1678. Mrs. Winford she remembers him at Wolverhampton the Eighteenth Ninteenth Twenty second and Twenty fourth Stanley remembers the Eighteenth and Ninteenth And if you ask him How he remembers it He tells you by a Circumstance that most Men would remember He buried his Child that Day and entertain'd Ireland with the Provision for the Funeral Now Men usually remark such Accidents as these for that is a thing a Man cannot forget that has any Concern in the World for those that are so nearly related to him And therefore such Circumstances must of necessity evince the Truth of what he speaks because it is brought to his Mind by an Accident that cannot be forgotten Mrs. Purcel which is the next Witness And she remembers to have seen him the Eighteenth Ninteenth Twentieth Twenty first Twenty second and Twenty third for she remembers the last of them was the Day before Bartholomew-Day which was a remarkable Day Then there is another Man that look't to his Horse whil'st he was there but his Memory will not serve him to speak to any particular Time He only evidences that he was there and the other Witnesses speak to the Time Mr. Stamford he remembers it to be at that Time because he saw him on the Sunday after the Assumption of our Lady which is always the Fifteenth of August And the like says Mrs. Gifford These Circumstances verifies her Testimony And Mr. Gifford remembers he came on the Seventeenth Day And he saw him every Day till the Twenty sixth Day And Mrs. Fowler who is Mrs. Harwell's Daughter She remembers he came the Seventeenth Day and she was in his Company every Day till the Twenty sixth except one Day when he went to Litchfield that was the Day before bartholomew-Bartholomew-Day which was Fryday Mrs. Keeling she swears That upon the Seventeenth Day he came there which was Saturday She saw him on the Sunday and on the Monday and went on the Monday in the Afternoon to the Funeral of her Mother Which is another Circumstance that she must needs remember and by that has the Remembrance of the Day of the Month when he was there And she return'd back again on Thursday and heard him that Day but did not see him But she saw him every Day after till he went away And she remembers his going away was upon the Twenty seventh And she remembers likewise that he return'd the Fourth of September after Mr. Richardson he proves That he saw him
out of Town on the Wednesday and stay'd out all Night and lay at Home but Two Nights and then went away But now when I put her in mind to take care what she said she swears She is sure the Sister lay out but she is not sure of Ireland's lying out But she is positive he went away on the Saturday the Third of August and return'd not till a Fortnight before Michaelmas Oats My Lord I humbly conceive she having once sworn false Lord Ch. Just Ay but she immediately Recollected her self Oats By what Token does she remember it to be the Third of August Lord Ch. Just She said before It was the Saturday after St. ignatius-Ignatius-Day which was on a Wednesday the last of July And he went then out of Town She call'd it by the Name of Recreation Oats Was it the Saturday after St. Ignatius-Day Mrs. Duddle Yes it was And I had not remembred it but that it was upon that Holy-Day Oats This is a Roman Catholick I suppose my Lord. Lord Ch. Just I cannot tell What Religion are you of Mrs. Duddle I am a Roman Catholick my Lord. Mr. Jennison knows what I say to be true Oats Were you a Witness in any of the Tryals at the Old-Bayly Mr. Duddle I was in the Court but was not called Mr. Sol. Gen. What say you Mrs. Quino When did Mr. Ireland go out of Town Mrs. Quino I must say the same It was the Third Day of August on a Saturday Lord Ch. Just How do you know that it was on a Saturday the Third of August Mrs. Quino By the same Reason that she speaks I mark'd that other Day he went out of Town and he came again and his Mother stay'd there that Night And he went on Saturday-Morning out of Town I know it very well For my Husband was his Taylor and he had somewhat to alter in his Cloaths and I brought it immediately after it was done Lord Ch. Just Are you sure he went out of Town that Day Mrs. Quino He went out of the House and as I take it he went out of Town Lord Ch. Just Did he say He was to go out of Town Mrs. Quino He had his Boots on and took Horse at the Bull-Inn in Drury-Lane Lord Ch. Just How do you know it Mrs. Quino Because his Servant that was there has testify'd it Mr. Att. Gen. Now swear my Lord Aston Which was done We 'll bring Ireland now upon the Third of August at Night to my Lord Aston's House at Standen Mr. Sol. Gen. Pray will your Lordship give my Lord and the Jury an Account when Mr. Ireland came to your House and how far he Travelled with you afterwards Lord Aston My Lord being in Town I was spoke to and desir'd that Mr. Ireland might have the Opportunity of going in my Company down into Staffordshire which I consented to I went out of Town as I remember the later End of July 1678. and this same Mr. Ireland came to me at my House in Hartfordshire at Standen upon the Third of August at Night Lord Ch. Just What Day of the Week was that my Lord Lord Aston As I remember it was Saturday and in the Evening Lord Ch. Just How long did he stay with your Lordship Lord Aston My Lord I stay'd till Monday at Standen and upon Monday he went in my Company to St. Albans which was the Fifth of August Mr. Att. Gen. Whether then did you go my Lord Lord Aston There I met with my Brother and Sister Southcoat Lord Ch. Just Sir John Southcoat you mean my Lord. Lord Aston Yes my Lord. And thence in Four Days we went to my House at Tixhall Lord Ch. Just Did Mr. Ireland travel with you all the Way Lord Aston I cannot charge my Memory my Lord that he did so as particularly to swear it But there he came into my Company sometimes at Tixhall but I cannot tell the particular Days Nor could I speak positively in those things that I have spoke to now but that I find in my Note book that at that time he did come to my House at Standen and did go with me to St. Albans Mr. Att. Gen. Pray my Lord Did he go along that Journey to Tixhall with you Lord Aston I cannot say positively that Mr. Attorney but I have a general Notion that he did Nor could I testifie this so positively I say but by Notes that I have of things at that Time Where I have only writ down these things concerning Mr. Ireland that he came the 3d. of August to my House at Standen That on Monday we went together to St. Albans and there met us Sir John Southcoat and my Sister his Wife and thence I went to Tixhall and there I arriv'd the 8th of August which was Thursday Lord Ch. Just My Lord I ask you this Question You say you have a general apprehension that he did go with you to Tixhall Pray did he come with you to Standen for that purpose to go with you to Tixhall Lord Aston I had no business with him at all but he desired the opportunity to go down in my Company into Staffordshire Lord Ch. Just Pray my Lord do you remember you saw him within four or five dayes after at Tixhall Lord Aston To name particular dayes I cannot but that I saw him several dayes about that time at Tixhall I am sure Oats My Lord you say that Sir John Southcoat went with you to Tixhall Lord Aston Yes he did so Oats My Lord I would ask this Nobleman Whether he was at the Tryal of the five Jesuits or the Tryal of Ireland Lord Aston No my Lord I was not Oats Then I would ask my Lord If he saw Mr. Ireland Executed Lord Aston No I did not Oats Then I would ask him this Question Whether the Ireland that was Executed be the same Ireland he speaks of Lord Aston Amongst those that knew him well I have been told it was the same Oats That is but hear-say my Lord He does not speak of his own knowledg Lord Ch. Just For that matter I suppose you 'l produce some other Ireland Mr. Oats If it was not the same Mr. Att. Gen. Was it this Mrs. Irelands Brother that was here a Witness now Lord Aston He was so reputed and so looked upon Lord Ch. Just That is all one If any body should ask me if you were the same Mr. Oats that was at St. Omers I should say I heard so and it would be very good Evidence unless some one else were produc'd Oats My Lord I submit I will be directed by the Court in any thing that is fair and not injurious to my defence Lord Ch. Just We will not direct you in any thing that 's foul but pray keep to those questions that are pertinent Oats Are you sure Ireland went the whole Journey with you my Lord Lord Aston I did answer that I have but a general notion of it he came to me for that purpose Oats
lived and so I hope to dye before you all Lord Ch. Just Upon my word she is very kind she has a mind to dye before us 'T is a sign she lives a good life she 's so ready to die Mr. Att. Gen. So my Lord you see that the 17th of August he departed from my Lord Astons Now we shall call Mrs. Harwell to give you an account whether he went on the 17th Swear Mrs. Jean Harwell Which was done Mr. Sol. Gen. Where do you live Mrs. Harwell Mrs. Harwell I live now in Town my Lord. Mr. Sol. Gen. Where did you live in the Year 78 Mrs. Harwell At Wolverhampton Mr. Sol. Gen. Did you know Mr. Ireland he that was Executed Mrs. Harwell Very well my Lord. Mr. Sol. Gen. What time did he come to your House at Wolverhampton Mrs. Harwell The 17. of August 1678. Mr. Sol. Gen. What day of the week was it Mrs. Harw Upon Saturday Mr. Sol. Gen. From whence did he say he came at that time Mrs. Harwell I do verily believe it was from Tixhall that he came I cannot positively say Mr. Sol. Gen. How long stayed he there Mrs. Harwell He came to my House the 17th of August 1678. He supped there that night and I think he lay in my House every night till the 26th of the same month Upon the 19th day after Dinner I went with him a good part of the Town of Wolverhampton and upon Friday following which was the 23d he went a little way out of Town to a Fair hard by and return'd the same day and stayed at my House the next day being Bartholomew-day The next day being the 25th being Sunday he was at my House and he stayed as I said every night and lay at my House and went away on Monday the 26th of August It was to the best of my remembrance in the morning Mr. Sol. Gen. Whether did he say he was going when he went from your House upon the 26th Mrs. Harwell I think to Tixhall he said Mrs. Sol. Gen. When did you see him again after that Mrs. Harwell He returned to me again the 14th of September following That night he supped at my house and lay there and he stayed at my house Thursday the 5th of September Fryday the 6th and he went away on the 7th from me for good and all Mr. Att. Gen. Whither did he go then Mrs. Harwell To Tixhall I think I cannot tell Mr. Att. Gen. Whence did he say he came when he came last to your house which was Wednesday the 4th of September Mrs. Harwell Then he said he came from Boscobel and Black-Ladies and that way Mr. Sol. Gen. Can you tell any thing that makes you remember he was at Boscobel Mrs. Harwell I have some Circumstances that make me believe and remember it Lord Ch. Just Ay tell us what they are Mrs. Harwell My Lord upon Monday the 2d of September I heard Mr. Ireland would be at Boscobel and I said to my Friend that told me so Sure Mr. Ireland will not be there that night and I so near him Yes said she he will Then said I I will write to him and so I did And I tell you the 4th of September which was Wednesday he came to my House and stayed that night and the two next dayes with me and went away upon the Saturday after Lord Ch. Just You say you did write to him upon the 2d of September Mrs. Harwell Yes I did so Lord Ch. Just What was the occasion of your writing to him at that time Mrs. Harwell One Madam Dormer was then in those parts and he being gon a Visiting his Friends at Black-Ladies I writ to him and desired him to give her a Visit for I knew she would be glad to see him Lord Ch. Just He came back to you the 4th of September you say Mr. Harwell Yes he did so my Lord. L. Ch. Just Did he own upon the fourth of September that he had received your Letter Mrs. Harwell He said he had been at the place my Lord but I know not whether he had receiv'd my Letter or no but I am sure he waited upon my Lady for she told me so afterwards Oats I desire to know whether this Gentlewoman was at Ireland's Tryal Mrs. Harwell No my Lord but I heard that upon the 17th of December following Mr. Ireland was try'd at the Old Baily for High Treason Upon the 19th I was inform'd by the Post what was sworn against him and particularly as to this time which I knew to be false and upon my own Cost and Charges I sent an Express away to Town here to a Friend that I knew upon reading the Letter that was written to me that Mr. Ireland was falsly accus'd and by that Express also I sent a Petition humbly beseeching his late Majesty that we might bring in Witnesses to prove that Mr. Ireland was in Staffordshire when Mr. Oats swore he was in Town and upon that the King staid the Execution about five Weeks We did hope for a second Tryal but we could not obtain it and he was executed Mrs. Harwell I did it at my own Cost and Charges for I thought it my duty if I could to save his Life knowing that to be false which was sworn against him L. Ch. Just She speaks gravely and soberly upon my word Mr. J. Withens So she does indeed Mr. Att. Gen. We have abundance of them my Lord. Swear Mr. William Rushton which was done Mr. Soll. Gen. Tell my Lord what you know of Mr. Ireland's being at Mrs. Harwel's in August 1678 at Wolverhampton Mr. Rushton My Lord In the Month of August 1678 I did see Mr. William Ireland at Wolverhampton in the County of Stafford and it was upon the 18th of August and I saw him there from the 18th to the 25th every one of the dayes but one and that I cannot be positive in He went that day to Litchfield which was upon the 23th as I take it but I cannot be positive but all the rest of the dayes I did see him there once if not twice or thrice a day Mr. Att. Gen. Where did he lodge then Mr. Rushton At Mr. Jyfford's or Mrs. Harwell's Oats Were you at any of the Tryals of Ireland or the five Jesuits Sir Mr. Rushton No I was never at none till now Oates Pray my Lord what Religion is this Gentleman of I desire to know Mr. Rushton Not of your Worship's Religion Doctor Oates L. Ch. Just But answer his Question Mr. Rushton I am a Catholick Oates A Roman Catholick he means I suppose Mr. Rushton Yes I am a Roman Catholick and a Loyal Subject Mr. Soll. Gen. Swear Mrs. Katherine Winford which was done Mr. Att. Gen. Mrs. Winford pray did you see Mr. Ireland at Mrs. Harwells the Year 1678. Mrs. Winford Yes I did Sir Mr. Att. Gen. Pray tell the Court what you do know of that Matter Mrs. Winford I did hear at Wolver-Hampton that Mr. Ireland came to Town
L. C. Justice He tells you he went to fetch over two young men that were Students there Oates Pray my Lord I desire to know what Religion he is of L. C. Justice What Religion are you of Mr. Stamford I am a Roman Catholick Oates I desire to know what his Profession Mr. Stamford I am a younger Brother of a good and loyal Family as any of the County of Stafford and that suffered as much as any for the late King Oates I believe if it were looked into he is somewhat else besides a younger Brother Mr. Att. Gen. Yes he says he is of a Loyal Family L. C. Justice I am sure there is such a Family in that County that were great sufferers for King Charles the First and the late King and were very instrumental in Services for the late King at his escape from Worcester But whether he be of that Family or no I cannot tell Mr. Stamford The Doctor thinks I am a Jesuite but I 'll assure him I have Wife and Children Mr. Att. Gen. Mr. Oates was about to have made him a Priest but it seems he hath a Wife and Children and so it is out of danger Mr. Soll. Gen. Pray swear Mrs. Katherine Fowler which was done Mr. Att. Gen. Did you see Mr. Ireland Mrs. Fowler at Wolverhampton in 1678 Mrs. Fowler Yes I did Mr. Att. Gen. When was it Mrs. Fowler I did see him on Saturday the 17th of August at Wolverhampton he came that day to my Mothers House where I was Mr. Att. Gen. How long did he stay there Mrs. Fowler Till the 27th which was Munday was Sevennight after I was in his Company every day in that time unless it were Friday which day they say he went to Litchfield to the Fair. L. C. Justice Is Mrs. Harwell your Mother Mrs. Fowler Yes my Lord she is and I lived at that time with my Mother L. C. Justice How do you remember this have you any Tokens that you can give us why you remember it was then Mrs. Fowler My Lord I recollected my self after Mr. Ireland's Tryal in which Mr. Oates Swore that he was hear in Town between the 8th and 12th of August that that was the very Month that Mr. Ireland was in Wolverhampton and thereupon I concluded that Mr. Oates had not Sworn true by that Recollection when it was fresh in my memory being within half a year after Oates Madam are you Mrs. Harwells Daughter Mrs. Fowler Yes I am so Sir Oates Did you not know one Mr Jennison Mrs. Fowler Which Jennison Oates Mr. Robert Jennison Mrs. Fowler Yes I do know him Oates Are you not a kin to him Mr. Fowler Yes but I am sorry to own I have such a Relation Mr. Att. Gen. Swear Mr. Gifford Which was done Mr. Soll. Gen. Did you see Mr. Ireland in Stafford-shire and when I pray you Mr. Gifford I saw him there at Wolverhampton the 17th of August 1678 and he continued there till the 26th I saw him there every day Oates Pray my Lord be pleased to ask this Gentleman whether he were at the Tryal of Ireland Mr. Gifford No I was not in Court nor examined as a Witness Oates Were you at the Tryal of the five Jesuites Sir Mr. Gifford I was there but was not examined L. C. Justice Was it every day say you that you saw him at Wolverhampton Mr. Gifford Every day L. C. Justice They say he was one day out of Town at Litchfield Mr. Gifford He was out of Town that day but I saw him Mr. Att. Gen. Swear Mrs. Elizabeth Gifford which was done Mr. Soll. Gen. You hear the Question did you see Mr. Ireland in Stafford-shire in 78. and when Mrs. E. Gifford Mr. Ireland came to Wolverhampton the 17th of August and continued there till the 26th Mr. Att. Gen. How do you remember it Mrs. Gifford By a Wake that was just hard by that was at that time and he came to my Uncles House upon the Sunday following the Assumption of our Lady Mr. Att. Gen. Did you see him every day till the 26th Mrs. Gifford I remember I did see him every day but two days that I was abroad at the Wake Oates My Lord I desire to know whether She was examined at any of the former Tryals Mrs. Gifford Yes at the five Jesuites Tryal I was Oates Were you not at Ireland's Tryal Mrs. Gifford No I was not Oates There was one Gifford examined there Mr. Att. Gen. Swear Mrs. Elizabeth Keeling which was done Mr. Soll. Gen. Did you see Mr. Ireland at Wolverhampton and when Keeling Yes my Lord I did see Mr. Ireland at Wolverhampton Mr. Soll. Gen. Pray tell when it was Keeling It was the 17th of August he came to my Mistresses House Mr. Soll. Gen. What August Keeling August before the Plot. L. C. Justice Who was your Mistress Keeling Mrs. Harewell my Lord. Mr. Soll. Gen. How long did he continue there Keeling He came on the Saturday and I saw him there till the Monday When I was sent for to my Mothers Burying I left him and Madam Dormer at Dinner and came back on the Thursday And in his Chamber I heard him discourse but I did not see him Upon the Friday he went abroad and returned again that Night Upon the Saturday I faw him and he continued there till Monday Morning and then he went away and returned on Wednesday the 4th of September and stayed till Saturday the 7th and then went away from VVolverhampton Oates I desire to know what Religion this Woman is of Keeling I am a Roman Catholick God be thanked Mr. Att. Gen. Mrs. Keeling When did Mr. Ireland return again do you say after he went first to Wolverhampton Keeling It was the Wednesday seven night after Sir Mr. Att. Gen. That was the 4th of September L. C. Justice How long stayed he there then Keeling Till Saturday in the Forenoon Mr. Att. Gen. Whither did he say he was going then Keeling He said he went to Bellamour to Dinner L. C. Justice Did you see him at any time after Keeling No my Lord I saw him no more Mr. Att. Gen. Then swear Mr. Richardson which was done Mr. Soll. Gen. Pray Sir will you give an Account when you saw Mr. Ireland and where in the year 78. Mr. Richardson My Lord I saw a Gentleman that I was informed was Mr. Ireland at Wolverhampton at a Wake which was Monday the 19th of August Mr. Att. Gen. Where did he lodg Mr. Richardson At Mrs. Harwells Mr. Att. Gen. What are you a Tradesman Mr. Richardson Yes an Apothecary in Wolverhampton L. C. Justice How many days did you see him at Wolverhampton Mr. Richardson I saw him onely one day in the Market-place L. C. Justice You did not know Mr. Ireland before Mr. Richardson But I was inform'd that was he L. C. Justice What became of that Ireland that you were informed was at Wolverhampton then Mr. Richardson I heard presently after that upon Mr. Oates's Plot he
Esquire Gerrards Mr. Att. Gen. How far is that from Mr. Lowes Proctor It is a mile and a half Mr. Soll. Gen. Did you see him afterwards Proctor Not there I did not Mr. Att. Gen. What Religion are you of Proctor I am a Protestant L. C. J. What did you hear became of that Ireland afterwards Proctor I saw him Executed at Tyburn afterwards and it was the same Man L. C. J. Where did you live then Proctor I lived at Fulford then L. C. J. What with Mr. Lowe Proctor Yes my Lord. Oates It seems he was a Servant to a Papist L. C. J. What then what of that Oates My Lord I desire you would ask him whether he ever saw Ireland before the 31th of August which he speakes of Proctor No I did not L. C. J. But you are sure it was the same man you saw Executed Proctor Yes I am sure of it Mr. Soll. Gen. What Circumstance can you tell that he was the First of September at Mr. Gerrards Proctor I went to dinner thither that day I Rode before Madam Brooke L. C. J. What day of the Week was that First of September Proctor It was upon a Sunday my Lord. Mr. Att. Gen. Was that about Pancrass-Fair-time Proctor Yes my Lord it was Mr. Soll. Gen. He can tell you another circumstance how he comes to remember him at Mr. Lowes the 31th of August L. C. J. Aye by what Token do you remember that he was there the 31th of August Proctor I went that day to 〈…〉 pay some Money and came home again in the Afternoon and just as I came in he came thither Oates How does he say he knows him to be the same Man L. C. J. He has told you twice he saw him Executed Oates What Religion is he of does he say L. C. J. He is a Protestant Mr. Att. Gen. Then Swear Mr. John King Which was done Mr. Soll. Gen. Pray do you acquaint the Court and the Jury where you saw Mr. Ireland and when Mr. King I saw Mr. Ireland at Mr. Gerrards of Hildersome the First of September that year that the Plot broke out which was in the year 78. There I saw him on Sunday there he stayed all night and so did I and on Monday-morning I went to Mrs. Cromptons where I liv'd and he came thither to Millage as soon as I which is within a mile of Hildersome and dined there the same day L. C. J. How far is that from London pray you Mr. King An hundred and ten miles L. C. J. And he was there at Dinner you say Mr. King Yes he was L. C. J. How long was it before Dinner was done Mr. King I believe he might go thence about Two of the Clock L. C. J. Where did he say he designed to go then Mr. King He designed to go to Boscobel that night L. C. J. Do you remember any body else was at Mr. Gerrards then when you saw him Mr. King Yes Mr. Jerman Drayton was at Hildersome at that time Oates Pray what Religion is this Gentleman of Mr. King I am a Roman Catholick Mr. Oates Mr. Att. Gen. Pray Swear Mr. Francis Lee. Which was done Mr. Soll. Gen. Pray tell my Lord and the Jury where you saw Mr. Ireland and when Lee. I was a Servant to Mr. Gerrard and Mr. Ireland upon Saturday-night came to my Masters House and stayed all night and all day on Sunday and went away on Munday to Millage L. C. J. What time and what year was it Lee. It was in 78 but I am not certain of the day of the Month It was on a Saturday he came and I have Witnesses to prove I was there at that time L. C. J. What Month was it Lee. It was in August as I think the last day but I am not certain And he went on Monday to Millage and there dined at Mrs. Cromptons and from thence he went to Pancrass and thence he did go to Boscobel and stayed all night there Mr. Att. Gen. That was the Second of September L. C. J. How do you know he went to these places Lee. I was told so Oates My Lord I desire to know how long this man was acquainted with Ireland before Lee. I never saw him but at that time Oates How does he know it is the same man then Mr. King Here is a man that saw me with him and was present at Irelands Execution L. C. J. Who is that Proctor Mr. King Yes my Lord. L. C. J. Then call Proctor again who came in again Who went along with you to Dinner on Munday Lee. My Lord he did see me at Hildersome at Mr. Gerrards L. C. J. What say you Proctor was this Gentleman there at that time Proctor Yes my Lord I did see him there L. C. J. Was that the same man that was Executed which you saw at Mr. Gerrards Proctor Yes it was L. C. J. Did you dine with Mr. Ireland on Munday at Mrs. Cromptons Lee. Yes my Lord I did and went afterwards with him to Pancrass and stayed there two hours and then he went to Boscobel Mr. Soll. Gen. There are the two days gone which Mr. Oates swore to and in which he was so positive that it was either the first or second of September Mr. Att. Gen. Then Swear Mr. Biddolph Which was done Mr. Soll. Gen. Pray Sir when did you see Mr. Ireland and where Mr. Biddolph My Lord I was in Staffordshire the latter end of August and the beginning of September and I was at Mrs. Cromptons House which is my Aunt the Second of September being Munday where I saw Mr. Ireland and dined with him that day and after dinner he went with Mr. Gerrard's Son who was to go to School to Boscobel And I will give your Lordship a particular circumstance that may satisfie you that I am not mistaken in the time As I came thorough Northamptonshire that Summer I was at my Lord Cullens and he desired me to be at a Horse-Race at Newton-Slade where there is a Plate always Râ—…n for upon the first Thursday in September and that year it was the 5th of September Now when I dined at my Aunt Cromptons she would have had me staid all night at her House but I excused my self and told her I had promised to come to my Lord Cullen to be at the Race and I must needs be there before to be as good as my word to my Lord and therefore I went away to Pancrass and so on my Journey otherwise I had stayed with my Aunt all night And I am sure this was Munday before this Horse-Race Oates My Lord this Gentleman speaks to no year particularly Mr. Biddolph It was in 1678 the year before Mr. Oates's Plot broke out Mr. Att. Gen. Now we will call Mrs. Crompton Swear her Which was done Mr. Soll. Gen. Pray when did you see Mr. Ireland Mrs. Crompton Mrs. Crompton He was at my House at Millage in Staffordshire at Dinner the same day that
upon very hard Service to ride Post to London and back again in Twenty four Hours for no other Reason but only to commit a Treason that none ever found out but Mr. Oats And I am sure if he did he took a great deal of pains to a very little purpose Gentlemen I have taken up much of your Time and detain'd you the longer in this matter because I cannot but say with grief of Heart Our Nation was too long befotted and of Innocent Blood there has been too too much spilt 'T is high time to have some Account of it 'T is a Mercy we ought to bless Almighty God for that we are prevented from spilling more Innocent Blood God be blessed our Eyes are opened and let us have a Care for the future that we be not so suddenly imposed upon by such Prejudices and Jealousies as we have reason to fear such Villains have too much fill'd our Heads with of late Gentlemen 'T is incumbent upon you to Try according to the Evidence that has been given whether the Defendant be Guilty or Not Guilty And 't is incumbent upon us that sit here as Judges to see the Law executed as we will answer it at the Tribunal of the Great Judge of Heaven and Earth before whom we must appear and receive our Tryals at the Great Day And God forbid but we should use our utmost Endeavours to inflict the greatest Vengeance that the Justice of the Nation can permit us to inflict upon such Villains as these are that have contracted so much Mischief and Reproach upon us and so much Guilt upon themselves Gentlemen I am sorry I say I have kept you so long 'T is a Case of such Importance that I could not but say what I have done in it There may be other Circumstances arising from the Evidence which I may have omitted but were very largely and fully spoken to by Mr. Soliciter Whatsoever has been forgotten by him or by me I am sure will be sufficiently supplyed by your own Observations For I know you to be Gentlemen of great Knowledge and Experience in Matters of this Nature Then the Jury withdrew to Consider of their Verdict and after half an Hours Recess return'd to the Bar and answering to their Names deliver'd in their Verdict That the Defendant was guilty of the Perjury whereof be stood Indicted Which being Recorded the Lord Chief Justice spoke to the Gentlemen of the Jury to this Effect Lord Ch. Just Look ye Gentlemen because there has been some Notice taken to Day as there was Yesterday concerning the Opinions of Judges about Verdicts that have been given I would say a Word or two to you Not that I much admire the doing of it at any time nor would I do it now for your sakes because I am sure you act according to your Consciences and affect not Commendation But because it may be necessary for the Satisfaction of some People that they should know our Opinions also in this Matter I must tell you You have given a Verdict that becomes your Honesty Integrity and Loyalty And I declare in the Presence of Almighty God the Searcher of Hearts That had I been of the Jury I must have given the same Verdict Gentlemen 'T is an Honost and Just Verdict that you have given and by it you have Gontributed as much as in you lies to vindicate the Nation from the Infamy it has so long lain under Mr. Just Withins For my part I think if you had given any other Verdict you had found against plain Demonstration the Evidence was so full and clear Mr. Just Hollaway The Court is very well satisfied with the Verdict and you have acquitted your selves like Worthy Honest Gentlemen Mr. Just Walcot There is nothing can be said to the Verdict but that it is a just Verdict and according to the Evidence And then the Court Arose Die Lunae 11 Maij 1685. Banco Regis Dominus Rex versus Oats THIS Day Mr. Wallop moved That in regard the Court were pleased to give the Defendant time till Saturday next to move in Arrest of Judgment upon the Conviction on Fryday last they would please to give to the same Day to move in Arrest of Judgment upon the Conviction on Saturday which the Court granted But afterwards upon the Motion of Mr. Attorney General they order'd That a Note of the Exceptions to both Indictments should be sent to the King's Councel some Days before Saturday Die Sabbati 26 Maij. Banco Regis Dominus Rex versus Oats THIS Day being appointed for the Defendant to move what he could in Arrest of Judgment upon the Two Couvictions of Perjury he was brought by Rule from the Prison to the King 's Bench-Court Lord Ch. Just Mr. Attorney General Have you any thing to move Mr. Att. Gen. My Lord I pray your Judgment upon Oats who is Convicted upon Two Indictments for Two notorious Perjuries Lord Ch. Just Who is Councel for Oats Mr. Att. Gen. Mr. Wallop moved for him Lord Ch. Just What is it that Mr. Wallop has to say Oats My Lord I desire I may speak one word It was Thursday-Night before my Attorney could make an end of Examining the Records Sir Samuel Astry knows it very well Then I sent the Rule to those Gentlemen that were assign'd to be my Councel and the Exceptions were delivered in but Yesterday I pray I may have a Day or two more that my Councel may be prepared to argue for me Lord Ch. Just We cannot do that We gave you beyond the ordinary Rules in extending it till to Day Mr. Att. Gen. My Lord He talks of Examining the Records He had Copies of them all this long Vacation Oats My Lord My Actorney will be ready to make Oath that he finished the Examining but on Thursday Night Lord Ch. Just We do all know they were pleaded to the last Term and you have had all this Vacation to consider of them And we have indulg'd you beyond the ordinary Time Oats My Lord I desire but a Day or two more Lord Ch. Just No we cannot do it We have done more already than we ordinarily do Persons that are Convicted use to have but Four Days allowed them to move in Arrest of Judgment but you instead of having but Four Days have had Eight Oats If your Lordship pleases to give me time till Monday Lord Ch. Just I tell you We cannot do it If Mr. Wallop have any thing to say for you we 'll hear him Mr. Wallop I have nothing to say Mr. Att. Gen. Here are Four Exceptions delivered to me last Night as made by Mr. Wallop Lord Ch. Just But he says He has nothing to say We know not whose these Exceptions are Oats I do deliver in thove Exceptions my Lord Pray let them be read Lord Ch. Just Read them Sir Samuel Astry Cl. of Cr. Reads Dominus Rex versus Oats The Defendant's Exceptions I. That a Witness Sworn in the behalf of the King
the Laws of the said Kingdom Established at their Will and Pleasure to change and alter and the State of this whole Kingdom of England through all its parts well instituted and ordered wholly to subvert and destroy and War against our late Lord the King within this Kingdom of England to levy And to perfect and compleat the same their most wicked Treasons and Trayterous Imaginations and purposes They the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven Anthony Turner and James Corker and other false Traytours to the Jurors aforesaid unknown the aforesaid 24th day of April in the 30th Year aforesaid with Force and Arms aforesaid at the Parish of St. Giles in the Fields aforesaid in the County of Middlesex aforesaid falsely maliciously subtlely advisedly divellishly and Trayterously did assemble unite and gather themselves together and then and there falsly maliciously subtilly advisedly divellishly and Trayterously did consult consent and agree our said late Lord the King to Death and final Destruction to bring and put and the Religion within this Kingdom of England rightly and by the Laws of the same Kingdom established to change and alter to the superstition of the Church of Rome and the Government of this Kingdom of England to subvert and that one Thomas Pickering and one John Grove him our said late Lord the King should kill and murder and that they the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven Anthony Turner James Corker and other false Traytors against our said late Lord the King to the Jurors unknown a certain number of Masses between them then and there agreed upon for the health of the soul of him the said Thomas Pickering therefore should say celebrate and perform and therefore should pay unto the said John Grove a certain Sum of Money between them then and there agreed upon And that the said Thomas White otherwise Whitebread John Fenwick John Gaven Anthony Turner William Harcourt otherwise Harrison and other false Traytors against our said late Lord the King to the Jurors unknown in the further prosecution of the Treasons and Trayterous Consultations and agreements aforesaid afterwards to wit the said 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly Trayterously did severally give their Faith each to other and upon the Sacrament then there Trayterously did swear promise to conceal and not to devulge their said most wicked Treasons and Trayterous Compassings Consultations and purposes aforesaid so between them had him the said late Lord the King Trayterously to kill and murder and to Introduce the Romish Religion to be used within this Kingdom of England and the true Reformed Religion in this Kingdom of England rightly and by the Laws of this Kingdom Established to alter and Change and that the said Thomas VVhite otherwise VVhitebread John Fenwick VVilliam Harcourt otherwise Harrison John Gaven Anthony Turner James Corker and other false Traytors to the Jurors aforesaid unknown in further Prosecution of the Treasons and Trayterous intentions and agreements aforesaid afterwards to wit the said 24th day of April in the 30th Year aforesaid at the Parish aforesaid in the County aforesaid falsly subtilly advisedly maliciously devillishly and Trayterously did prepare perswade excite abet comfort and Counsel four other Persons to the Jurors unknown and Subjects of our said late Lord the King him our said late Lord the King Trayterously to kill and murder against the duty of their Allegiance and against the peace of our said late Lord the King his Crown and Dignity and against the forme of the Statute in that Case made and provided whereupon it was Commanded the Sheriff of the County aforesaid that he should not omit c. But should take them to answer c. Which Indictment the said Justices of our Lord the King afterwards to wit at the Goal-delivery of our said Lord the King of Newgate holden by Adjournment for the County of Middlesex at Justice-Hall in the Old Bayly in the Suburbs of the City of London on Fryday to wit the 13th day of June in the 31st Year aforesaid before Sir James Edwards Knight Mayor of the City of London Sir William Scroggs Knight Lord Chief Justice of his Majesty's Court of King's-Bench Sir Francis North Knight Lord Chief Justice of his Majesty's Court of Common-Pleas Sir Thomas Allen Knight and Baronet one of the Aldermen of the said City of London Sir George Jeffreys Knight Recorder of the said City of London and other their Companions Justices of our said Lord the King assigned to deliver his Goal of Newgate of the Prisoners in the same being by their own proper Hands did deliver there in the Court of Record in form of Law to be determined And thereupon at the said Goal-delivery of our Lord the King of Newgate holden by the Adjournment aforesaid for the County aforesaid at Justice-Hall aforesaid the said Fryday the 13th of June in the 31st Year aforesaid before the aforesaid Justices of our said late Lord the King last named came the said Thomas White otherwise Whitebread John Fenwick William Hartcourt otherwise Harrison John Gaven and Anthony Turner under the Custody of Sir Richard How Knight and Sir John Chapman Knight Sheriff of the County aforesaid into whose Custody for the Cause aforesaid they were before that time Committed being brought to the Bar there in their proper Persons who were committed to the aforesaid Sheriff c. And immediately being severally demanded concerning the premises aforesaid in the Indictment aforesaid specified charg'd upon them as above how they would thereof acquit themselves the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner did severally say That they were Not thereof Guilty And thereupon for Good and Bad did severally put themselves upon the Country And thereupon upon the Indictment aforesaid last recited at the Session of our Lord the King at the Justice-Hall in the Old-Bayly it was so far proceeded that the Issue aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner afterwards to wit the aforesaid Fryday the 13th Day of June in the 31st Year aforesaid at Justice-Hall aforesaid by a certain Jury of the Country in that behalf duly Empanell'd Sworn and Charg'd was Tryed and that upon the Tryal of the Issue aforesaid last mentioned between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner at London aforesaid to wit at the Justice-Hall in the Old-Bayly aforesaid in the Parish of St. Sepulchre in the Ward of Faringdon Without London aforesaid the said Defendant Titus Oats was also a Witness produced on
behalf of our said late Lord the King upon the Tryal aforesaid upon the Indictment last aforesaid And he the aforesaid Titus Oats then and there at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session to wit at the Parish and Ward aforesaid was duly sworn upon the Holy Gospels of God to speak and testify the Truth the whole Truth and nothing but the Truth of and in the Premises in the Issue aforesaid last mentioned so as aforesaid joyned between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner And that the said Titus Oats then and there at the Session aforesaid last mentioned in the Justice-Hall aforesaid in the Court of the same Session upon his Oath aforesaid upon the Indictment last aforesaid by his own proper Act and Consent of his most wicked Mind falsly voluntarily and corruptly did say depose swear and give in Evidence to the Jurors of the Jury aforesaid last mentioned so as aforesaid Sworn and Empanell'd to try the Issue aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner That William Ireland one William Ireland then before Convicted and Executed for High Treason against our late Lord the King meaning took his Leave of him the said Titus Oats and others at the Chamber of the said William Ireland then being in Russel-Street a certain Street called Russel-Street lying within the City of Westminster in the County of Middlesex meaning between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth and indeed the said William Ireland did not take his Leave of the said Titus Oats or any other Persons whatsoever at the Chamber of the said William Ireland then being in Russel-Street aforesaid between the said 8. and 12. Days of August in the Year of our Lord 1678. And so the said Titus Oats upon the said Fryday the 13th day of June in the 31st Year aforesaid at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session upon the Indictment last aforesaid so put in Issue and Tryed as aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner by his own proper Act and Consent and of his most wicked Mind falsly voluntarily and corruptly in manner and form aforesaid did commit voluntary and corrupt Perjury to the great Displeasure of Almighty God in manifest contempt of the Laws of this Kingdom of England to the evil and pernicious Example of all others in the like Case offending and against the Peace of our Sovereign Lord the King his Crown and Dignity Upon this Indictment he has been Arraigned and thereunto hath pleaded Not Guilty And for his Tryal hath put himself upon the Country and his Majesty's Attorney-General likewise which Country you are Your Charge is To enquire whether the Defendant Titus Oats be Guilty of the Perjury he stands Indicted or Not Guilty If you find him Guilty you are to say so If you find him Not Guilty you are to say so and no more And hear your Evidence Lord Ch. Just Look ye Mr. Attorney my Lord Chief Justice Jones has sent to know whether you have any thing to do with him to day here Mr. Att. Gen. Not at all that I know of Lord Ch. Just Mr. Oats Do you intend to make use of my Lord Chief Justice Jones or any of the Judges of the Common-Pleas as Witnesses Oats Yesterday my Lord I did call for them to have made use of them as Witnesses Lord Ch. Just But have you any thing to say to them to day Oats I cannot tell as yet Lord Ch. Just Then my Lord Chief Justice Jones must be told That he does not know whether he shall or not Go on Sir Samuel Astry Then Proclamation for Information and Evidence was made in usual manner Mr. Phipps May it please your Lordship and you Gentlemen of the Jury This is an Indictment against Titus Oats Clerk for Perjury And the Indictment sets forth That William Ireland Thomas Pickering and John Grove in the 30th Year of the late King were Indicted of High Treason and Tryed at the Old-Bayly and at that Tryal the Defendant Titus Oats was produc'd a Witness for the King and being sworn to tell the Truth the whole Truth and nothing but the Truth did falsly voluntarily and corruptly depose and swear and give in Evidence to the Jury that did try that Cause That the said William Ireland was in Town within the Cities of London and Westminster or the Places adjacent meaning upon the First or Second day of September in the Year 1678. Whereas in truth the said William Ireland was not in Town nor within the Cities of London or Westminster or the Places adjacent upon the First or Second day of September in the Year 1678. And so the said Titus Oats hath committed wilful and corrupt Perjury And the Indictment further sets forth That upon the 13th day of June in the 31st Year of the late King Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner were Indicted and Tryed at the Old-Bayly for Treason and at that Tryal the said Titus Oats was a Witness produc'd on the Part of the King And being sworn to testify the Truth the whole Truth and nothing but the Truth by his own Act and Consent of his own most wicked Mind falsly voluntarily and corruptly did depose and swear and give in Evidence to the Jury That William Ireland one William Ireland before that time Convicted and Executed for High Treason meaning did take his Leave of him the said Titus Oats at his the said William Ireland's Chamber then being in Russel-Street between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth the said William Ireland did not take his Leave of him the said Titus Oats or of any other Persons whatsoever at his the said William Ireland's Chamber then being in Russel-Street aforesaid between the said 8th and 12th Day of August in the Year of our Lord 1678. And so the said Titus Oats did then and there commit wilful and corrupt Perjury And this is laid to be to the great Displeasure of Almighty God in contempt of the Laws of this Land to the evil and pernicious Example of all others in the like Case offending and against the King's Peace Crown and Dignity To this he has pleaded Not Guilty If we prove it we do not question but you will find him Guilty Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury Mr. Oats stands Indicted for having perjur'd himself The Instances Gentlemen that we charge him with are these First
Meeting at Harcourt's Chamber and Ireland Grove and Pickering was there And that this was the later End of August Mr. Ireland did make his Defence as much as he could to prove That he was not in Town from the Beginning of August to the Middle of September and brought divers Witnesses But upon his denying to be here the later End of August Mr. Oats did come and swear I am certain says he that the First or Second of September he was in Town for then I had of him Twenty Shillings Oats Was I positive that he was here in Town the First or Second of September Mr. Foster You were positive Sir to the First or Second I have it in my Notes in Writing Lord Ch. Just He tells you It is in his Notes And therefore he 's sure you said so Mr. Att. Gen. In the Printed Copy if it be right there is mention made of the word Positive Lord Ch. Just I think that is in August between the 8th or 12th he was positive Oats Did I say these Words I was Positive Mr. Waterhouse I say you affirmed That he was in Town the First or Second of September Lord Ch. Just It is not necessary that you should use the word Positive The Question is Whether it was positively affirm'd Mr. Just Withins Was not that true that you said Did not you affirm a Positive Truth Oats My Lord I 'll tell you the Reason why I ask the Question because I have forgot my self whether I us'd the Word or no and therefore I ask for my own Information now Lord Ch. Just Well ask for what Reason you will you have receiv'd an Answer to your Question and upon my Word he gives a notable Evidence Says he Bedloe had sworn a Treasonable Practice by Ireland in the later End of August Then Ireland comes and makes his Defence Says he That cannot be for I was out of Town at that time I was not in London all August nor the Beginning of September Then come you in to support the Testimony of Bedloe and swear That he was in Town the First or Second of September for then he gave you Twenty Shillings And so you come to rivet the Matter that was sworn before by Bedloe Oats My Lord what I swore was Truth Lord Ch. Just That is now to be tryed Mr. Att. Gen. We have another of the Jury here Mr. John Byfeild Pray swear him VVhich was done Mr. Sol. Gen. Well Sir What did you hear Oats swear at that Tryal Mr. Byfeild I heard the same that they have testifyed before Lord Ch. Just But you must tell us what that was Mr. Sol. Gen. Were you a Jury-man at that Tryal Mr. Byfeild Yes I had a Summons to the Old-Bayly Lord Ch. Just But What did Oats swear That 's the Question Mr. Byfeild Mr. Oats did positively assert That Ireland was here in Town the First or Second of September and to confirm it he said He receiv'd of him Twenty Shillings Mr. Att. Gen. Now my Lord we shall go to our Evidence to prove That all this is absolutely false For Ireland went out of Town into Staffordshire and did not return till after the Ninth of September And for this we call Anne Ireland Who was sworn Mr. Sol. Gen. Mrs. Ireland Pray where did you take your Leave of your Brother Mr. Ireland who was Executed in Summer 1678. and when Mrs. A. Ireland I took my Leave of him the Beginning of August Mr. Sol. Gen. What Day in August do you remember Mr. A. Ireland The Third of August Mr. Sol. Gen. Where was it Mrs. A. Ireland In my own Lodging Lord Ch. Just Where was your Lodging Mrs. A. Ireland In Russel Street Covent-Garden Lord Ch. Just Now tell us again the time when it was Mrs. A. Ireland It was on Saturday-morning as I remember the Third of August the Saturday after St. Ignatius Day Lord Ch. Just How come you to remember so particularly thas it was then Mrs. A. Ireland Because upon St. Ignatius-Day we were invited to Mr. Gifford's at Hammersmith my Brother my Mother and I were invited to stay all Night But my Brother refused to stay because Lord Ch. Just Which Brother What was his Name Mrs. A. Ireland William Ireland Lord Ch. Just Did they stay there Mrs. A. Ireland No my Lord my Brother came home on foot but we stay'd all Night Mr. Att. Gen. Here is an Almanack of that Year And the Third of August was on a Saturday Mrs. A. Ireland He said He could not stay because he was to go into the Country upon Saturday I ask't him Why he would set oâ—… on Saturday And says he I 'll go to Standen there I shall meet with my Lord Ashton and his Family and have an Opportunity to go with him into Staffordshire Lord Ch. Just She says He went out of Town on Saturday after St. ignatius-Ignatius-Day which was Saturday the Third of August But there being a Discourse between her and her Brother why he should make Choice of a Saturday which she thought it seems was an inconvenient Day to take a Journey on And upon that her Brother made Answer again That that Night he would only go to Standen to my Lord Ashton's House where he should meet with Company to go along with him into Staffordshire Mr. Att. Gen. What Day of the Week was St. Ignatius-Day Mrs. A. Ireland St. Ignius-Day was on a Wednesday Lord Ch. Just What Day of the Month is St. Ignatius-Day Mrs. A. Ireland It is either the Last Day of July or the First of August Lord Ch. Just Look on your Almanack if you have any one of that Year Mr. Attorney Mr. Att. Gen. We have no such Saint in our Almanack Mrs. A. Ireland It was as near as I can remember the Third of August that he went out of Town Mr. Sol. Gen. The Third of August at that time was on a Saturday Lord Petre. St. Ignatius-Day is always the last Day of July my Lord. Mr. Att. Gen. In this Almanack another Saint has justled him out and that is Bishop German Lord Ch. Just And in my Almanack a third has justled them out both but my Lord Petre says it is always the last of July and that was 〈…〉 Wednesday that year Mrs. A. Ireland I remember it was 〈◊〉 Wednesday Lord Ch. Just And you are sure he went out of Town the Wednesday after Mrs. A. Ireland Yes I am sure he went out of Town then for I ask'd him Why he would go on a Saturday and he told me he would go but to Standen that Night Mr. Sol. Gen. And that does hold according to the Computation to be the third of August Oats My Lord she is not positive in this that he went out of Town the third of August Mr. Att. Gen. Yes but she is for she saies that she was the Wednesday before which was St. Ignatius day with him a little way out of Town Lord Ch. Just And that it was Saturday
after he went out of Town and she gives the Reason that she entred into a discourse with him why he would go on Saturday and he made that answer which you hear Mr. Just Withins Mr. Oats knows what day St. Ignatius day is upon I presume Oats It is the last day of July I think Mr. Sol. Gen. In our Protestant-Almanacks it seems we give another Bishop place Mr. Att. Gen. Mrs. Ireland When did you see him again Mrs. A. Ireland Just a Fortnight before Michaelmas and not before Lord Ch. Just You were his near Relation I suppose Mrs. A. Ireland Yes my Lord I was his Sister Lord Ch. Just Pray when he came to Town again Where did he Lodge Mrs. A. Ireland He used to lodge at the same place where we did alwayes and in the mean time while he was absent my Mother lent one Mrs. Eagleston his Lodging Lord Ch. Just Is that Person you lent his Chamber to in his absence here Mrs. A. Ireland No my Lord. Lord Ch. Just When did she enter upon his Lodging Mrs. A. Ireland Truly my Lord I cannot tell her Maid fell sick and so she came down a pair of stairs lower into his Lodging It was in a short time after he went out of Town my Lord as I remember Lord Ch. Just When did he come to Town again do you say Mrs. A. Ireland He came to Town again a Fortnight before Michaelmas it was that day Fortnight before Michaelmas that Michaelmas-day fell on Lord Ch. Just Have you any Questions to ask her Mr. Oats Oats My Lord I desire to know Why she did not give this Evidence before or whether ever she did give this Evidence at any of the Tryals Mrs. A. Ireland Yes I was at my Brothers Tryal and there I gave the same Evidence Oats Were you there at the Tryal of the five Jesuits and did you give the same Evidence then Mrs. A. Ireland No I was not call'd Lord Ch. Just But were you there Mr. A. Ireland I was in the Court at the same time but was not Examined Oats What year is it you speak of that he went out of Town the third of August Mrs. A. Ireland The year 78. Oats I desire my Lord to ask this Gentlewoman what Religion she is of Mrs. A. Ireland I am a Roman Catholick my Lord. Oats I desire to know whether her name be Ireland or Ironmonger Mrs. A. Ireland My right Name is Ironmonger but because of his Profession he went by the name of Ireland and for his sake we go by that name too Oats By what name did you give Evidence at Ireland's Tryal Mrs. A. Ireland By that name of Ireland Lord Ch. Just Why Mr. Oats that is a good name enough to be called by you may remember you were called Titus Ambrosius and Sampson Lucy at St. Omers Mr. Att. Gen. Swear Mrs Elianor Ireland which was done Mr. Att. Gen. When did your Son go out of Town Mrs. El. Ireland The third of August Mr. Sol. Gen. Are you sure it was the third of August Mrs. El. Ireland Yes I am sure it was Mr. Sol. Gen. What year was it Mrs. El. Ireland My memory is not good for that I cannot tell what year my Daughter can Mr. Sol. Gen. Was it the same year he was Tryed afterwards Mrs. El. Ireland Yes it was the same Summer at Michaelmas after he was taken up Mr. Sol. Gen. What time did he return again out of the Country Mrs. El. Ireland The 14th of September after Oats My Lord I would ask her whether or no she gave this Evidence at her Son's Tryal Mrs. El. Ireland Yes I was a Witness there but they would not permit me to speak half so much they would hardly let me speak at all Oats I desire to know whether she was an Evidence at the Five Jesuite's Tryals Mrs. El. Ireland No I was not there then Mr. Att. Gen. Pray swear Mrs. Duddle and Mrs. Quino Which was done Mr. Sol. Gen. Come Mrs. Duddle Do you remember when Mr. Ireland went out of Town in the Year 78 Mrs. Duddle To the best of my remembrance it was the Third of August Mr. Sol. Gen. Why do you think it was the Third of August Mrs. Duddle He went for a Recreation out of Town three Days before which was upon an Holy-day St. Ignatius his Day and he went out of Town one Night then and he came and stay'd but two Nights after And went out of Town upon the Saturday Lord Ch. Just Did he stay out of Town one Night Mrs. Duddle Yes he stay'd out of Town all Night Lord Ch. Just Are you sure he stay'd all Night Mrs. Duddle I am sure he stay'd but one Night Lord Ch. Just But what say you to that Mr. Attorney This Witness contradicts the other Mr. Just Withins Ay plainly Mrs. Duddle Mrs. Ireland and Mrs. Anne Ireland and he went out upon a Recreation out of Town it being Holy-day and I remember well that was of a Wednesday And that Saturday he went away and never came again till a Fortnight before Michaelmas Lord Ch. Just But mind my Question Woman Mrs. Duddle Yes my Lord. Lord Ch. Just Did he come home that Night he went on the Recreation Mrs. Duddle I do not know Lord Ch. Just But just now you swore He stay'd out all Night Mrs. Duddle No my Lord. Lord Ch. Just Yes but you did though prithee mind what thou art about Mrs. Duddle I do not say He but I am sure his Sister and the Company stay'd out that Night I remember very well he went the Third Day after which was Saturday And Mr. Jennison came to ask for him Three Weeks after And there was a Person of Quality with him in the Coach I think it was Sir Miles Wharton And he asking for him they gave him an account That they had not heard from him since he went which was then Three Weeks after he was gone And I remember well he did not come to Town again till a Fortnight before Michaelmas Lord Ch. Just How can you tell that Mrs. Duddle My Lord I can tell it very well For I was almost every Night in the Room where he used to lie and there lay a Gentlewoman there that I knew Lord Ch. Just What was her Name Mrs. Duddle Mrs. Eagleston Lord Ch. Just How comes she to lie there Mrs. Duddle Her Maid fell sick and she chang'd her own Chamber and lay there all the time he was out of Town Oats My Lord Is this good Evidence Lord Ch. Just Ay why not Oats My Lord I think she contradicts the other Witness For she says He lay out Two Nights Lord Ch. Just No there you are mistaken too But I tell you what I did observe before Mrs. Anne Ireland swore That they did stay all Night but Mr. Ireland refused to stay there but would go home because he was to go his Journey on Saturday Then this Woman comes and she said at first That he went
rode with him every Day Lord Ch. Just Pray Sir How long were you at Tixhall after you came from Holy-Well Mr. John Southcoat We stay'd there till we came away for good and all Lord Ch. Just. Was Mr. Ireland with you all that time Mr. John Southcoat No he was not Mr. Att. Gen. Do you remember that Mr. Ireland came to Tixhall the Ninth of September and came along home with you when you came Mr. John Southcoat Yes I do remember it very well Lord Ch. Just What Day did you come home Sir Mr. John Southcoat We came home in Four days Mr. Sol. Gen. When did he leave you Mr. John Southcoat We came home upon Thursday and he went to London on Saturday Lord Ch. Just Pray Sir Can you recollect when you did first 〈◊〉 him again at Tixhall after you came from Holy-Well Mr. John Southcoat My Lord I cannot tell particularly any day till the day we came away Lord Ch. Just Do you remember the Horse Match between Mr. Chetwine and Sir Henry Gough Mr. John Southcoat I was there my Lord but I do not remember Mr. Ireland was there Lord Ch. Just How long did he stay at your Father's House in Gurry Sir Mr. John Southcoat Two Days my Lord. Mr. Sol. Gen. You lent him your Horse you bought of him I think Sir Mr. John Southcoat Yes up to London I did and I sent my Man with him to bring him back again Mr. Att. Gen. Has Mr. Oats any Questions to ask this Gentleman Oats My Lord I desire to ask Mr. Southcoat Whether or no he is sure that Ireland was in his Company from the Fifth of August to the Sixteenth Mr. John Southcoat Yes every Day I am sure of it I remember it very well Oats Pray my Lord ask him Whether or no he testifyed this that he now swears at Ireland's Tryal Mr. John Southcoat My Lord I was not at Ireland's Tryal Oats Then I desire to ask him Whether or no he did testify this at the Five Jesuite's Tryal Mr. John Southcoat No I was not sent for to any of the Tryals Lord Ch. Just I am sorry you were not Sir 'T was pity you were not there It might have sav'd some Innocent Blood Mr. Att. Gen. Now swear Harrison Which was done Mr. Sol. Gen. Pray will you give an Account when you saw Ireland and where Harrison In the Year of our Lord 1678. my Master Sir John Southcoat went with my Lady on Monday the Fifth of August to St. Albans and we came with a Coach and Four Horses For my Master-had an old Servant that had a pair of Horses which my Master made use of And there we met my Lord Aston in the Company of Mr. Ireland And the next Morning my Lord Aston went with my Master and Lady towards Tixhall And I rode by in Mr. Ireland's Company and came acquainted with him that Day That Night we came to Northampton and there we Inn'd at a Stone-House that was us'd for the Inn the Town being burnt before The next Night we went to Coventry and on Thursday we came to Tixhall there we stay'd till Tuesday After when we went to Holy-Well and the Tuesday-Night we lay at Natwich And thence we went to Holy-Well and stay'd there on Wednesday Night And on Thursday we came to West Chester and I parted with him upon the Fryday at West-Chester Mr. Att. Gen. Pray did you know this Ireland Was it he that was Tryed and Executed Harrison I was at Mr. Ireland's Tryal Lord Ch. Just Was it the same man that was Tryed Harrison My Lord I saw him at his Tryal the hair of his face was grown and he was a little disordered he did not look so well because he was not so well dress'd but it was the same man my Lord. Mr. Sol. Gen. Before this Man goes we have more questions to ask him When did you see him again after you left him in Chester you say Harrison I saw him several times at Tixhall I saw him at the Bowling-green upon a Thursday and I saw him when the Horse-Race was between Mr. Chetwin and Sir Henry Gough I cannot tell what day it was for I had no reason to keep an account of the particular dayes at that time Mr. Att. Gen. Did you come up with your Master again the 9th of September Harrison My Lord I did so I have a Note wherein I set down the charges at that time It is in this bit of paper which I have kept in my Almanack ever since My Lord Aston sent his Coach with us to Banbury where my Masters Coach was to meet him but came only to Conventry the first night The next Night which was Tuesday we came to the Altar-Stone at Banbury and there we lay From thence on Wednesday we came to Agmondisham where we were Ill Lodged The next day we baited at Vxbridge and came to Kingston and so to Sir John Southcoat's House upon the Thursday night Upon the Fryday Mr. Ireland sold his Horse to Mr. John Southcoat my Masters Son Upon the Saturday morning I came with him from my Masters House towards London he did ride upon the Horse he had sold to Mr. Southcoat and so we came up to Town and took Water and I took a little bagg that belonged to Mr. Ireland upon my arm and we landed at Somerset-House and I came with him to his Lodging in Russel-street and when he came there he went up stairs where were two Women met him and welcom'd him home Said they We are glad you are come we thought we had lost you because we had never heard from you all this while There I took my leave of him and did not see him again till his Tryal at the Old-Baily and this was Saturday the 14th of September Lord Ch. Just Pray let me see your paper you speak of Which was delivered in and the Court look't upon it Lord Ch. Just Did you write this in your Journey Harrison Yes my Lord I did write it at that time Mr. Att. Gen. Are the particular dayes inserted there my Lord Lord Ch. Just No they are not Mr. Attorney Harrison I could not write well it was only but Memorandums for my self Lord Ch. Just What day of the Month was the Saturday he came to Town Harrison It was the 14th of September my Lord. Lord Ch. Just That agrees with all that the Women said that he came on Saturday a fortnight before Michaelmas being the same day of the Week as Michaelmas-day was Thus far it is as clear as the Sun at Noon-day Oats My Lord There was a time when this was not believ'd Lord Ch. Just Ay Mr. Oats we know there was a time when there were Ignoramus Juries and things were believed and not believed as the humour went What can you Mr. Oats say to it I must needs tell you Prima Facie 'T is so strong an Evidence that if you have any sense in the World you must be concern'd at it
home with Mr. Heveningham to Aston and I saw him on Friday he was with us there and went a fishing and we catch'd a great Pike of yard long which was not ordinary with us Upon the 31th which was Saturday my Master went to kill a Buck in the Park and Mr. Ireland went along with him and they went to a little Village hard by and there I parted with him and did see him no more that day Mr. Gerrard of Hildersham was to meet my Master a hunting but he was sick and did not Then upon Sunday the first of September I was sent to see Mr. Gerrard of Hildersham and there I saw Mr. Ireland L. Ch. Just Who was your Master pray you Mr. Drayton This Lord Gerrard of Bromeleys Father Mr. Att. Gen. He was accused by Dugdale of the Plot and dyed afterwards in Newgate Oates Pray ask Mr. Drayton what Religion he is of Mr. Drayton I am a Roman Catholick Mr. Att. Gen. Swear Sir James Simmons which was done Mr. Soll. Gen. When did you see Mr. Ireland Sir James Sir J. Simmons Upon the Tuesday the 27th of August 78. I remember very well I saw Mr. Ireland at the Horse-race at Etching-hill between Sir Henry Gough and Mr. Chetwin and I remember particularly that Sir Henry Gough's Horse distanc'd him I did not see him before he came to the Inn but there we met and drank together And Thursday the 29th of August being at Tixhall Bowling-green Mr. Ireland was there and came home with my Father Heveningham and me and some Gentlemen in the Country and came to Aston and stay'd there that Night I remember the next day was Pancrass Fair and I went to the Fair and did not come home Mr. Att. Gen. What day of the Month is that Fair usually kept Sir J. Simmons It is an unconstant time now and then in September now and then in August and that year we had a Subscription to get it regulated to a certain day L. Ch. Just Did you see him after Sir J. Simmons My Lord I cannot swear to the Saturday because I cannot so well tell whether I came back from the Fair on Friday Night I think I did not Mr. Att. Gen. Swear Mr. Green which was done Mr. Soll. Gen. Did you know Mr. Ireland Mr. Green Yes my Lord I did Mr. Soll. Gen. When did you see him in 78 Mr. Green The first time was Etching-hill Race the 27th of August Mr. Soll. Gen. What other dayes do you remember Mr. Green Thursday the 29th I saw him I belong to Sir James Simmons and Mr. Ireland came home with him and some other Gentlemen to Mr. Heveningham's at Aston and was a setting with him on Friday the 30th in the Afternoon And Saturday the 31th he was a hunting with Mr. Gerrard Nay more then that I saw him drawn on the Sledg but not executed And that was the same man that was there at that time Oates What Religion is this Gentleman of Mr. Green I was ever a Roman Catholick L. Ch. Just Pray were they a fishing that Day Mr. Green In the Morning he was and they got a great Pike I saw the Pike and did eat part of it Mr. Att. Gen. Swear Mr. Fallas which was done Mr. Soll. Gen. When did you see Mr. Ireland Sir Fallas Upon the Thursday after Sir Henry Gough's race which was Thursday the 29th of August Mr. Ireland came to Mr. Heveninghams and I look'd to his Horse there Upon Friday Morning they went a fishing and got a great Pike and I did see them go out a setting after Dinner he and Mr. Green with my Lady and the Keeper and I saw him come in again And I saw him drink a Glass of Table Beer in the Hall Upon Saturday Morning which was the 31th of August they went a hunting in Mr. Gerrards Park and kill'd a Buck and afterwards my Master asked him to go home with him again but he would not For he said he must go to Mr. Lowes at four and we parted at three And I came here and saw him executed but while he was at my Masters House his Horse was never out of the Stable but I brought it to him Mr. Att. Gen. When did you see him executed Fallas It was the 24th of January afterwards I think Oates What Religion are you of Fallas I am for the Church of England a Protestant I alwayes was so Oates Pray my Lord ask him when he was acquainted with Mr. Ireland Fallas The first time was the 29th of August when he came to my Masters House Oates That does not come to my time my Lord. Mr. Att. Gen. But it comes very close to it it reaches to the 31th of August L. C. J. It is within a day of you upon my word Mr. Soll. Gen. And I 'll tell your Lordship what is yet more considerable this place is an hundred and twenty miles from London but we shall not leave him there Oates I desire to know whose Servant he is Fallas I am a Servant to Mr. Heveningham and I serve the King I come to testifie the Truth I was here before but then we must not be heard all the cry was against us that we were Rogues and must be knockt on the head L. C. J. Were you here at any of the Tryals Fallas I was at the Council-Table and there I was in great danger of being knockt on the head Oates Would they have knockt him on the head at the Council-Table does he say Fallas I have been in the Room by the Council-Table where they have cryed Knock them down hang them Rogues do they come to be Witnesses against the Saviour of the World And they came about me there and asked me if I knew any of them or was of their company And I was glad to say I came thither about a Suit of Law I had with a Brother of mine and then they pitied me Mr. Soll. Gen. Now we have brought him my Lord every night where he lodged from the 3d of August to the 31th Mr. Att. Gen. And then we shall prove that he went to Mr. Gerrards at Hildersome that they speak of there he was the 31th and 32th L. C. J. How Mr. Attorney the 32th I doubt you will hardly be able to tell us where he was that Mr. Att. Gen. The First of September I mean my Lord. L. C. J. Aye we understand you very well Mr. Att. Gen. Swear Mr. John Proctor Which was done Mr. Soll. Gen. When did you see Mr. Ireland in 78 Proctor I saw him the 31th of August 78. Mr. Soll. Gen. Where Proctor At Fulford Mr. Soll. Gen. At whose House Proctor At Mr. Lowes Mr. Soll. Gen. That was the place the other Witness said Ireland told him he was to be at Four of the Clock and therefore went away at Three Mr. Att. Gen. When did you see him afterwards Proctor I saw him the next day the 1st of September Mr. Att. Gen. Where Proctor At
upon the Ninteenth Day of August at Wolverhampton as he was told It was he And being ask't When he was told so He says Mrs. Harwell told him so sometime before he was Apprehended So that she could not tell it him then to serve a turn And he is a Protestant too So is likewise Eleanor Graves Who gives you an Account that she saw him there on the Twentieth Twenty first and Twenty second and on the Twenty third she went to Litchfield with him And upon the Twenty fifth she supp'd with him at Mr. Winford's Now Gentlemen you have a full Account of it even to a Demonstration That he must be in these Places at this Time if you will believe one thing that is That these Witnesses saw him at all And sure none can doubt but these Witnesses did upon the Circumstances they have testified see him in August and September And then it must be those particular Times that they speak of At Wolverhampton then you have him to the Twenty sixth The Twenty seventh Day you have an Account of him at the Horse Race at Etchin-Hill The Twenty eighth Mr. Howard gives you an Account he din'd at at Bellamore at Mr. Aston's The Twenty ninth you find him at the Bowling-green at Tixhall And from thence to Mr. Hereningham's where he lodg'd that Night and stay'd there the Thirtieth Which is prov'd by the Circumstances of Fishing in the Morning and Setting in the Afternoon And the next Day which was Saturday the Thirty first you hear he was at the Killing of a Buck where Mr. Gerrard was expected but Sickness prevented his coming And you have him the First of September which was Sunday at Mr. Gerrard's House where several of the Witnesses did see him And besides one Proctor tells you He saw him the Thirty first of August at Fulford at Mr. Lowe's And he very well remembers that to be the Time by a remarkable Circumstance For says he the last Day of August I went to pay some Money which is a thing Men are generally very punctual in and when I came Home again I found him there And he swears he saw him at Mr. Gerrard's House the First of September the Day after Mr. King remembers he saw him at Mr. Gerrard's of Hildershame the First of September and that he din'd at Mrs. Crompton's the Second of September and stay'd there till Two of the Clock in the Afternoon And went from thence with an intent to go to Boscobell Lee says He saw him at Mr. Gerrard's House and at Mrs. Crompton's That he din'd there and went from thence to Pancrass and from thence to Boscobell Mr. Biddulph remembers he din'd with him on the Second of September at his Aunts and that by this Circumstance He was desir'd by my Lord Cullen to see an Horse-Race in Northamptonshire and promised my Lord Cullen to come Which Horse-Race is always on a certain day the First Thursday in September and that Year it happen'd to be the Fifth of September And it was the Monday before that he din'd at his Aunts And because of his Promise to my Lord Cullen he would not stay all Night And so it must be the Second day of September that he saw him there Mrs. Crompton says It was the same day that her Nephew Mr. Biddulph din'd there For he was a Stranger and she never saw him before nor after And there is another Gentlewoman Mrs. Palmer that swears He din'd at Mrs. Crompton's but she cannot tell the particular Time when Mrs. Gifford saw him at Pancrass between the Hours of Four and Five in the Afternoon upon the Second of September And Lee went along with him to Pancrass and from thence he went to Boscobell Mr. Pendrell says He saw him the Second of September at Night For he came to his House Which agrees with all that the other Witnesses say which was That he intended to go to Boscobell that Night He and his Wife both testifie That there he lodged upon the Second of September and stay'd there the Third of September and went from thence the Fourth to Black-Ladies Where Mr. Gifford tells you he din'd And we have given you an Account before where he was the Fourth at Night For then he was return'd to Wolverhampton and there he lodg'd to the Seventh of September And after the Seventh of September though we do not give you a positive Evidence That upon the Seventh of September at Night or upon the Eighth he was at my Lord Aston's Yet we have given you that which amounts almost to a Demonstration That he must be there upon the Eighth of September For he went from thence with Sir John Southcoat to go towards London on the Ninth And our Evidence is the more Credible because they swear cautiously all of them Unless they remember some remarkable Circumstance they will not take upon them to fix upon a particular time Then Gentlemen we give you an Account by the Persons that were in his Company where he was every day all along from the time he left Tixhall down to the time he came to Sir John Southcoat's House in Surry And this Journey took up the Ninth Tenth Eleventh and Twelfth of September There are Four days and he stay'd there one day Then he sold Mr. Southcoat his Horse Mr. Southcoat lent him his Horse to come to Town and the next day he did come to Town And so we have brought him to Saturday the Fourteenth of September And now let all the World be judge if there be any possible Room left that any one Word Mr. Oats has said can be true even giving him the Latitude of Time that he himself desires and says All Witnesses must be allow'd No there is not one Minute for him wherein he can be verified in any one Tittle of his Evidence as to Ireland's being in Town And this is that which I call and sure well I may so call it a Demonstrative Proof That what Oats did swear is utterly false Gentlemen The Jury had not this Evidence at the Tryal of Ireland Some they were that went out of the Town with him and some One or Two of Wolverhampton were at the Five Jesuites Tryals but not above Five or Six in all of these Forty odd that now appears True indeed it is all these were not there and Ireland upon that unfortunately suffer'd for so I may take Leave to say It was Vnfortunately Mr. Oats has said one thing unto you which he lays much stress upon He would have you look upon it as a great hardship That this Prosecution comes so late and that it is strange after Six Years time spent this should not be set on foot But Gentlemen I cannot but with much sorrow remember to you and I know you all remember it too well That there was a time when the City of London was so far Corrupted that it was become a Refuge and Sanctuary for High-Treason when there was no Justice to be had for