Then my Lord is not positive he went with him into Staffordshire Lord Ch. Just No he is not but I would ask you this Question My Lord Aston do you believe he went with you to Tixhall Lord Aston I make no doubt of it I would pawn all I have in the World upon it only I cannot swear it because I have it not in my Notes as I have those two other dayes Mr Just Withins Do you like him the worse because he is Cautious Mr. Oats Oats No Sir I do not But pray my Lord ask him because it is a Question here about a point of time Whether he remembers that within eight or ten dayes he saw Ireland at Tixhall Lord Aston I cannot say any thing to as that Mr. Att. Gen. Swear Sir Edward Southcoat Which was done Lord Ch. Just I thought you had called him Sir John Southcoat Mr. Att. Gen. Sir John is sick and cannot be here Oats I suppose my Lord Aston is a Roman Catholick Lord Ch. Just Ay that all the World knows very well but I tell you what Mr. Oats I observe he is not so easy in giving his Oath nay he is wonderful cautious in Swearing I speak it for his commendation not as his fault he is not very forward at swearing Mr. Just Withins Well What do you ask this Gentleman Mr. Attorney Mr. Att. Gen. We desire Sir Edward Southcoat would give an account whether he met Mr. Ireland at my Lord Astons And when Sir Edward Southcoat I was with my Lord Aston in his Company Lord Ch. Just When was that Sir Sir Edward Southcoat The 4th of August I saw Mr. Ireland at my Lord Astons Lord Ch. Just Was it the same Ireland that was afterwards Tryed and Executed Sir Edward Southcoat It was the same Ireland that was commonly reported I did not see him Executed Mr. Att. Gen. Was it the same that was Reputed to be this old Gentlewomans Son Sir Edward Southcoat Yes It was Lord Ch. Just Pray Sir go on with your Evidence Sir Edward Southcoat Upon Monday we began our Journey to Tixhall and went that night to St. Albans where we met my Father and Mother and thence we continued on our Journey the next day Lord Ch. Just Was he with you there that day you went to St. Albans Sir Edward Southcoat He was with us I Remember very particularly It was hot weather and my Lord Aston invited him into the Coach for before he was Riding by the Coach side and there I remember a particular discourse that he and my Lord Aston had from thence we went on to Northampton and came the Tuesday night Lord Ch. Just Was Ireland with you there Sir Edward Southcoat Ireland was with us there Oats My Lord I did not well observe what this Gentleman said Lord Ch. Just Pray mind your business your self he speaks plain enough go on Sir Sir Edward Southcoat Mr. Ireland was with us I say my Lord all the Journey and I do Remember it particularly by a pretty Horse Mr. Ireland Road upon and I had a dispute with my Cousin who should buy him I took particular notice every day of him as he rode by the Coach and Conversed with him every night in the Inn. We went I say from St. Albans to Northampton on the Tuesday from Northampton we went to Coventry on the Wednesday and from thence to my Lord Astons at Tixhall on the Thursday Lord Ch. Just Come let us go by degrees Was Mr. Ireland with you when you went from my Lord Astons at Standen to St. Albans Sir Edward Southcoat Yes he was Lord Ch. Just You say it was a hot day when you set out And my Lord Aston did invite him into the Coach Sir Edward Southcoat Yes my Lord he came into the Coach on Monday which was the first day we set out and came that night to St. Albans Lord Ch. Just You lay there that Night Sir Edward Southcoat Yes my Lord. Lord Ch. Just Where did you lie there Sir Edward Southcoat At the great Inn at the Bull. Lord Ch. Just Ay That is the great Inn. Sir Edward Southcoat The next night my Lord we came to Northampton Lord Ch. Just. Where did you lie there Sir Edward Southcoat We lay at the signe of the George it was Sir William Farmers House but made use of for an Inn because the Town was Burnt down Lord Ch. Just Was Mr. Ireland with you all that day Sir Edward Southcoat He rode with us all the day Lord Ch. Just And you took notice of it because of his Horse you say Sir Edward Southcoat Yes he had a very pretty Horse my Lord and my Brother bought the Horse of him after we came back again Lord Ch. Just Whether went ye the next day Sir Edward Southcoat The next night we lay at the Bull in Coventry and from thence on Thursday we arrived at my Lord Astons at Tixhall Mr. Att. Gen. My Lord the Jury desires to know what he sayes For they have not heard it Lord Ch. Just He sayes Mr. Ireland went with my Lord Aston in the Coach it being a hot day on Monday the 5th of August from Standen my Lord Astons House in Hartfordshire to St. Albans and lay there at the Bull-Inn that Night that he went the next day which was Tuesday the 6th of August with them to Northampton That he rode upon a pretty Horse which makes him Remember it particularly and that there was a dispute on the Road who should buy him and when they came back his Brother bought him He says they lay on Tuesday night at Northampton at the George which was a Gentlemans House which was turn'd into an Inn because of the Fire That we went with them the next day to Coventry which was Wednesday the 7th of August and lay with them that night at the Bull in Coventry and the next day which was Thursday the 8th they came and Ireland with them to my Lord Aston's House at Tixhall in Staffordshire Mr. Att. Gen. Pray Sir Edward Southcoat How long did he stay with you at Tixhall at my Lord Astons Sir Edward Southcoat He staid with us there till the Tuesday after and then we began our Journey from my Lord Astons House in Tixhall into Wales to St. Winifreds Well Lord Ch. Just That is Holy-Well you mean Sir Edward Southcoat Yes my Lord. Lord Ch. Just You say he stayed all Fryday Saturday Sunday Monday and till Tuesday after you came to my Lord Astons at Tixhall Sir Edward Southcoat Yes my Lord he did so Mr. Att. Gen. So then my Lord we are gotten to Tuesday the 13th of August which is past the time of the Perjury that is laid second in the Indictment but in point of time is the first that happen'd for he swore that Ireland took his leave of him and others here in Town between the 8th and 12th of August Mr. Sol. Gen. Where did you go on Tuesday Sir Sir Edward Southcoat Towards Wales Mr.
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
to be at Standen in Hartfordshire to wait upon my Lord Aston to go with him to Tixhall And the Third of August I saw Mr. Ireland there at Standen-Lodge at my Lord's House The Fourth Day he rested there being sabbath-Sabbath-Day Mr. Att. Gen. What are you an Hackney-Coach-man Ingletrap Yes my Lord I am so And upon the Fifth which was Monday he went with my Lord Aston to St. Albans upon the Sixth to Northampton on the Seventh to Coventry and the Eighth day to Tixhall-Lodge He was in the Company and went all the way with him and I was there too Lord Ch. Just How long did he stay there Ingletrap Till Tuesday the 13th Lord Ch. Just Did you see him there till Tuesday Ingletrap I do not say That I did see him every Day Lord Ch. Just Did you go with them on Tuesday to Holy-Well Ingletrap No I did not Mr. Att. Gen. But my Lord you observe that is past one of the Times that he swore Ireland was here in Town that is between the Eighth and Twelfth of August Lord Ch. Just It is so Mr. Att. Gen. Pray what Religion are you of Mr. Ingletrap Ingletrap I am a Protestant my Lord Oats Were you at the Tryal of the Five Jesuites or that of Ireland Ingletrap No I was not Oats My Lord I desire you would ask him he being a Protestant How he came to be acquainted with Ireland that was a Priest Lord Ch. Just Why Mr. Oats Is there no Conversation to be between Papists and Protestants Oats Truly very little my Lord But that is not to the Point now I desire to have an Answer to my Question Ingletrap There was no great Acquaintance between us my Lord for I never saw him before that time Mr. Att. Gen. Swear Andrew Wetton Which was done Did you go that Journey with my Lord Aston to Tixhall Wetton No. I went from Tixhall to Holy-Well Mr. Att. Gen. What Day did you set out from Tixhall Wetton Upon Tuesday the Thirteenth of August Mr. Sol. Gen. Where did you lie that Night Wetton At Nantwich at the Holy-Lamb And the next Day we baited at Chester and from thence we came the next Night to Holy-Well There we stay'd all Night and till next Day at Noon We din'd at Holy-Well and came that Night back to Choster And from thence the next Day we came home to Tixhall Lord Ch. Just Was Mr. Ireland there all the while Wetton Mr. Ireland was there I look't after his Horse Lord Ch. Just When did he come first to Tixhall Wetton He came upon the Eighth and stay'd till the Thirteenth and then went to Holy-Well Mr. Sol. Gen. Pray what Religion are you of Wetton I am a Protestant Sir Mr. Att. Gen. And the Ninth of September he came away from Tixhall for London you say Wetton Yes I saw them take Coach and he did ride on Horse-back Lord Ch. Just Did you see him often at Tixhall between the time he came from Holy-Well and the time he went to London VVetton Yes he was there several times but I cannot tell the particular Days But my Lord if you please I can tell you the very Money he gave me which was a Shilling and two Six Pences when we came back from Holy-Well Lord Ch. Just And the Sixteenth you say he came back from Holy-Well Wetton Yes it was the Sixteenth upon Fryday that he came from Holy-Well Lord Ch. Just And he says The Ninth of September he came back again from Tixhall to London and that he saw him several times in the mean time at my Lord Aston's House Mr. Sol. Gen. So my Lord we are past one of the Times and have fixt him at Tixhall upon the Sixteenth Mr. Sol. Gen. So my Lord we are past one of the Times and have fixt him at Tixhall upon the Sixteenth Mr. Att. Gen. We have a couple of Witnesses more upon this Point and then we shall go on to the Seventeenth and so all along to the Ninth of September Mr. Att. Gen. Swear Thomas Sawyer Which was done When came Mr. Ireland to Tixhall Can you tell Mr. Sawyer He came the Eighth of August to Tixhall and continued there till the Thirteenth And then he went away but whither he went I cannot tell But as I was told it was to Holy-Well Mr. Att. Gen. When did he come to Tixhall again Mr. Sawyer When my old Lady Aston came home which was Fryday the Sixteenth Mr. Sol. Gen. Do you know when he left Tixhall for good and all Mr. Sawyer The Ninth of September my Lord he went with Sir John Southcoat to go to London Lord Ch. Just Can you remember he was there at any time between the Sixteenth of August and the Ninth of September Mr. Sawyer He was once or twice there but I cannot tell the particular Days Mr. Sol. Gen. What Perswasion are you of as to Religion Sir Mr. Sawyer I am one of the Church of England my Lord. Lord Ch. Just Truth is the same in all Perswasions Mr. Sol. Gen. But we would obviate Mr. Oats his Objection That they are all Papists Mr. Att. Gen. Swear Frances Allen. Which was done Pray will you give an Account when you saw Mr. Ireland in Staffordshire Mrs. Allen. He came the Eighth Day of August to Tixhall and continued there the Ninth Tenth Eleventh Twelfth and to the Thirteenth in the Morning and then he did go to Holy-Well Mr. Att. Gen. She will tell you one particular Circumstance how she remembers him about that time Mrs. Allen. The Tenth of August was Saturday and that which causeth me to remember it is this There was a Woman one Sarah Paine I think her Name was which testifyed at the Tryal That he was in Town at that time but he was not For he was at Tixhall upon the Tenth which was Saturday and the Eleventh which was Sabbath-Day And I saw him in the Chamber those Days Mr. Att. Gen. How came you to know him so well Mrs. Allen. I was a Servant to my Lord Aston and look't to Mr. Ireland's Chamber and wash'd his Linnen and those Days I saw him in his Chamber Mr. Att. Gen. When he went from Tixhall to Holy-VVell the 13th When did he come back again Mrs. Allen. The 16th day which was Friday Mr. Att. Gen. Did he come afterwards to Tixhall at any time Mrs. Allen. He went away the 17th and I can tell you by a good token that he did so For the 17th I carried his Cloaths into his Chamber that he was to take with him Mr. Att. Gen. When did he come again to Tixhall Mrs. Allen. He came several times but truly I cannot tell what dayes particularly Mr. Sol. Gen. Pray when did he go away for good and all Mrs. Allen. I remember his going away with Sir John Southcoat but I cannot tell the time Mr. Att. Gen. Pray what Religion are you of Mrs. Allen. I am a Protestant of the Church of England so I was Christened so I have
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
Plot and will be enough to vindicate me My Lord I have one word more and then I have done and leave it to your Lordship and the Jury My Lord as they would now fling the Popish Plot upon me so there is an evident design to fling the Murder of Godfrey upon a Protestant Peer and because an Indictment was upon the Testimony of the Traytor Fitz-harris against that noble Lord they have resolved to have profligate Villains to take his Life for that Murder that is apparent and so they will go on step by step if they be let alone and think at length to wipe their mouths with Solomons Whore and say They have done no mischief My Lord I leave these things to the Consideration of the Court and Jury I will not detain you any longer I have called what Witnesses a could get but the distance of time has made it impossible for me to have those here now that did give Evidence in this matter before My Lord I have one favour to beg of the Court I had but a bad night last night and am now in great pain I desire that you would grant me one request that I may have Council assigned me to argue the Errours in yesterdays Indictment my Lord I am but a poor man and cannot be at the charges of feeing Councel L. C. J. We did assigne you Councel before you may have who you will for Councel Oates Will your Lordship be pleased to do me the favour to let me have some time to prepare and instruct Councel L. C. J. Ay what time would you have Oates A weeks time if your Lordship please L. C. J. Give him till this day seven-nights there may be no hurt in that Oates Till Munday come seven-night if your Lordship please let me have L. C. J. No no we cannot do that we give you a Weeks time which is more than ordinary for by the Rules of the Court there are but four days allowed and those would be out on Munday or Tuesday Oates I thank your Lordship for that time you have given me but I hope you will be pleased to take the particulars I have mentioned into your consideration and I desire I may have liberty to go home because I am not well L. C. J. Ay you may go if you will Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury the Question that you are to try is a Perjury which is charged on the Defendant Titus Oates for swearing that William Ireland was in Town upon the first or second of September 78. And likewise for swearing that he took his leave of him at his Chamber in Russel-street between the eighth and twelfth of August 78. And we do assigne the Perjury in both those points that he is forsworn in both and the Evidence of that Perjury is that it is impossible to be true what Oates did swear because Mr. Ireland was not in Town between the eighth and twelfth of August nor the first or second of September Gentlemen You have heard the Evidence that has been given and there has been no less than between forty and fifty Witnesses produced to show that it is really impossible what Oates did swear should be true he tells you that this matter is in a circumstance of Time wherein it is difficult for a man to be positive to a day and a man may be allowed some Latitude in such a Case Nay it is usual with Witnesses in points of time to swear with a Latitude but my Lord to show that if we should grant that false Doctrine to be true and false most certain it is and of mischievous consequence it would be if when things are charged upon men that depend upon circumstance of Time and Place the Witnesses should not be strictly kept to those circumstances yet I say granting that Position it is impossible it should do him any service in the Case before you For between the beginning of August and the fourteenth of September which includes both the times he swears to and the Latitude of above twenty days to boot there is not any one moment of time wherein his Oath could be true Gentlemen you observe what the Witnesses have said how they have given you an account of every particular day of both months from the third of August when he first left London to the fourteenth of September when he returned back again we did ask the Witnesses that it might appear to be plainly true what they swear if they had any particular circumstances that made them to remember it and they have given a great many and now it lies upon us to show you that it is demonstration that what they have said and testified must be true and that those days they speak of he was in the places they named For take the Periods of Time and you will find you have him from the third of August to the sixteenth with my Lord Aston going from London to Tixhall upon the seventeenth they give you an account of him at Mrs. Harwell's to the twenty sixth from the twenty sixth to the fourth of September There are others that give you a particular account by remarkable circumstances where he was every day in Stafford-shire from the fourth to the seventh you find him at Wolver-Hampton for the eighth indeed we do give no particular account where he was that day but we prove that upon the ninth he was at Tixhal and from thence he came away with Sir John Southcoat towards London and there you have a particular account where he was every day till the fourteenth when he returned to his Lodging And now Gentlemen I shall shew you that if you believe these Witnesses saw him in these Months that certainly it was upon those dayes they speak of that they did see him First That he went out of Town in August You have these Witnesses Anne Ireland Eleanor Ireland Mrs. Duddle Mrs. Quino and my Lord Aston Well How come they to remember it was upon the Third of August Why the four Women remembers it by this particular Remark Three dayes before there was a Holy-Day which they keep in memory of Ignatius and upon that day they remember Mr. Ireland went abroad to take a Recreation and came home again that night tho' the rest of the Company stayed there because he was to go out of Town Upon the Third day after which must be the Third of August For Ignatius day you hear is alwayes the last day of July And they do positively swear that upon the Third of August he took his leave of Anne Ireland and Eleanor Ireland Mrs. Duddle Remembers That he went out that day Mrs. Quino whose Husband was his Taylor sayes he did stay a little to have somewhat in his Cloaths mended And she saw him in his Boots and he said he was to go out of Town Mrs. Anne Ireland saies They took the liberty to Lodg a Gentlewoman in his Chamber and
Die Sabbati 9º Maij Anno Domini 1685. IN BANCO REGIS Dominus Rex versus Oats THIS Day being appointed for the Tryal of the Other of the Causes between our Sovereign Lord the King and Titus Oates for Perjury The same began about Nine in the Morning and proceeded after this manner First Proclamation was made for Silence Then the Desendant was called who appearing in Person was advised to look to his Challenges But he challeng'd none only he desir'd that they might be all ask't Whether they were of the Grand Jury that found the Bill which was done And all denying it the Twelve sworn were these Jurors Sir Thomas Vernon Knight Nicholas Charleton Esq Thomas Langham Esq Thomas Hartop Francis Griffith John Kent George Toriano Henry Loades John Midgley John Pelling Thomas Short And George Peck Clerk of the Crown Gentlemen You that are sworn Hearken to the Record Memorandum That by a certain Inquisition for our Soveraign Lord the King at the Guild-Hall of the City of London and within the same City on Tuesday the 28th of October in the 36th year of the Reign of our Late Soveraign Lord Charles the Second By the Grace of God of England Scotland France and Ireland King Defender of the Faith c. before Sir Henry Tulse Knight Mayor of the City of London Sir William Turner Knight and Sir James Edwards Knight Aldermen of the said City Sir Thomas Jenner Knight one of His Majesties Serjeants at Law and Recorder of the same City Sir Robert Jeffries Knight and Sir John Peake Knight other Aldermen of the said City and others their Companions Justices of our said Lord the King by His Majesties Letters Patents under the Great Seal of England to Enquire of several Offences in the said Letters Patents Contain'd and to hear and determine the same according to the Laws and Customs of this Kingdom by the Oaths of 12 Jurors Honest and Lawfull Men of the City of London aforesaid Who then and there being then and there Sworn and Charged to Enquire for our said Soveraign Lord the King and the Body of the said City upon their Oaths present THat at a certain Session of our said Lord the King holden for the County of Middlesex at Hicks's-Hall in St. Johns Street in the County aforesaid on Monday to wit the 16th day of December in the year of the Reign of our said late Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the 30th before Sir Reginald Forster Baronet Sir Philip Mathews Baronet Sir William Bowles Knight Sir Charles Pittfield Knight Thomas Robinson Vmphrey Wyrley Thomas Harriot and William Hempson Esquires Justices of our said Lord the King to enquire by the Oaths of Honest and Lawfull Men of the County of Middlesex aforesaid and by other wayes manners and means whereby they might or could better know as well within Liberties as without by whom the Truth of the Matter might be better known and enquir'd of concerning all Treasons and Misprisions of Treasons Insurrections Rebellions Counterfeitings Clippings Washings False making and other Falsifying of the Moneys of this Kingdon of England and of any other Kingdoms and Dominions whatsoever and of all Murthers Felonies Man-slaughters Killings Burglaries and other Articles and Offences in the Letters Patents of our said Lord the King to them or any four or more of them thereupon directed specifyed As also the accessaries of the same within the County aforesaid as well within Liberties as without by whomsoever howsoever had Made Done or Committed and to hear and determine the same Treasons and other the Premisses according to the Law and Custom of this Kingdom of England assigned by the Oaths of Ralph Wain John Vaughan Richard Foster Thomas Paget Robert Newington Henry Tompkins Robert Hayes John Greenwood Peter Stinyeson Josiah 〈◊〉 Richard Richman Augustine Bear John King Nathanael Brit Francis Fisher Edward Foster and Samuel Lynn Honest and Lawful Men of the County aforesaid sworn and Charg'd to Enquire for our said Lord the King and the Body of the County aforesaid Upon their Oaths it was presented That Thomas White otherwise Whitebread late of the Parish of St. Giles's in the Fields in the County of Middlesex Clerk William Ireland late of the Parish aforesaid in the County aforesaid Clerk John Fenwick late of the same Parish and County Clerk Thomas Pickering late of the Parish aforesaid in the County aforesaid Clerk and John Grove late of the Parish aforesaid in the County aforesaid Gentleman As false Traytors against the most Illustrious and most Serene and Excellent Prince our said late Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. their Supream and Natural Lord not having the Fear of the Lord in their Hearts nor weighing the Duty of their Allegiance but being moved and seduced by the Instigation of the Devil the Cordial Love and true due and Natural Obedience which True and Faithful Subjects of our said Lord the King towards him our said Lord the King should and of right ought to bear utterly withdrawing and contriving and with all their might intending the Peace and common Tranquillity of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England used and by Law Established to subvert and Sedition and Rebellion within this Kingdom of England to move stir and procure and the Cordial Love and true and due Obedience with true and faithful Subjects of our said Lord the King towards him the said Lord the King should and of right ought to bear utterly to withdraw put out and extinguish and our said Sovereign Lord the King to Death and final Destruction to bring and put the 24th of April in the 30th Year of the Reign of our said late Sovereign Lord Charles the Second at the Parish of St. Giles's in the Fields aforesaid in the County of Middlesex aforesaid falsly maliciously subtily advisedly and trayterously did purpose compass imagine and intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter amongst the Subjects of our said Sovereign Lord the King to procure and cause and our said Lord the King from the Regal State Title Power and Government of his Kingdom of England wholly to deprive depose cast down and disinherit and him our said Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom and the sincere Religion of God in the same Kingdom rightly and by the Laws of the same 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 Ordained wholly to subvert and destroy and War against our said Lord the King within this Kingdom of England to Levy And to compleat and
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
Oats Not at all my Lord I know who they are and what is the end of it all Lord Ch. Just Upon my Faith I have so much Charity for you as my fellow-Creature as to be concerned for you Oats 'T is not two straws matter whether you be or no I know my own Innocency Lord Ch. Just Thou art the most obstinately hardened Wretch that ever I saw Oats Pray my Lord ask him whether he did not appear at Mr. Ireland's Tryal and let it be remembred what Credit he had then for all this story he tells now These People come here to serve a turn only and care not what they swear against me Lord Ch. Just You must hold your Tongue Oats My Lord. I must speak the truth and I will speak the truth Lord Ch. Just I think there is scarce a word of Truth comes out of thy mouth Oats You may think what you will my Lord But these Popish Traytors I am sure will swear any thing and subborn Witnesses upon Witnesses against me and to overthrow the Plot. Mr. Just Withins If you cannot behave your self better than you do we must send you elsewhere we must not suffer this Behaviour And therefore either be quiet or get you gone Lord Ch. Just Let him keep himself in order and we 'll hear him If he think by Boisterous Impudency to out-face Justice we will not suffer it Go on Mr. Attorney Mr. Att. Gen. Swear Mr. George Hobson Which was done Mr. Sol. Gen. Were you in the Journey to Tixhall with Mr. Ireland and my Lord Aston in 78 Hobson Yes I was so my Lord. Mr. Sol. Gen. Pray tell all your Knowledg of that matter Mr. Hobson From the 3d. of August till the 16th at night I was present with him every day Lord Ch. Just How do you know you were Hobson That is to say the 3d. of August he came to my Lord's House at Standen in Hartfordshire in the Evening and there he remained till Monday the 5th of August and that day in the morning he went together with other Company to St. Albans where we met Sir John Southcoat and his Lady towards the Evening and we all Lodged there because that was the appointed place to meet at We Lodged the 6th of August at night at Northampton upon the 7th at Coventry upon the 8th at Tixhall my Lord's House where Mr. Ireland remain'd till Tuesday the 13th in the Morning And upon the 13th in the morning we set forth with my Lady Aston my Lord's Mother and Sir John Southcoat and Mr. Ireland and the other Company towards a place called Holy-Well in Flintshire That night being Tuesday the 13th of August we Lodged at Nantwich in Cheshire the Wednesday night we Lodged at Holy-well where Mr. Ireland was with the rest of the Company and on Thursday night we returned back again to Chester and lay there Upon Friday we came back again to my Lord's House at Tixhall After that I did not see Mr. Ireland till Monday the 26th of August when he came back again to our House Where he went in the mean time I cannot tell Lord Ch. Just Whose House is it that this man means by our House Hobson I mean my Lord Aston's House at Tixhall Lord Ch. Just You knew him very well did not you Hobson Yes my Lord I knew him very well Lord Ch. Just You say he came back the 26th of August to Tixhall Hobson Yes as I remember he did so Mr. Att. Gen. How long after the 26th of August was it that you saw him at Tixhall Hobson When he went away for London Mr. Att. Gen. When was that Hobson The 9th of September Lord Ch. Just Did you come a long with him to London Hobson No my Lord I see him go he was not in the Coach but he was in the Company Oats My Lord I would fain ask him a question When he was first acquainted with Mr. Ireland that he speaks of Hobson I never saw him till he came to my Lord Astons at Standen Oats Were you at the Tryal of Mr. Ireland Sir Hobson No my Lord I was not I was then in Staffordshire Oats Then it is material my Lord for me to ask him this Question it relating to a particular Person whether Ireland that was Executed was the Ireland he saies he was with Lord Ch. Just I will ask him if you will Was that the same man that was afterwards Tryed and Executed Hobson I believe it was my Lord. Oats I insist not so much upon the question but only in reference to the Witness his acquaintance being so short with him Lord Ch. Just Truly I think it is not so very short for he swears he was with him from the 3d. of August till the 16th every day Mr. Just Withins I have no great Acquaintance with you but I know you Mr. Oats because I have seen you so often Lord Ch. Just Is it the same Ireland that was at the Tryal You Harrison you saw him then Harrison The very same and no other Mr. Just Withins Certainly no Body doubts that Lord Ch. Just 'T is fit he should have his Question answer'd if the Witness can Pray go on Mr. Attorney Mr. Att. Gen. Swear George North. Which was done Pray Will you give an Account where you met Mr. Ireland and whether you were with him in his Journey North. My Lord I saw him the Fourth of August which was Sunday at Standen my Lord Aston's House in Hartfordshire Upon the Fifth he went with my Lord to St. Albans where my Lord met with Sir John Southcoat and his Lady and I was with them And from thence we went on Tuesday to the George at Northampton And from thence on Wednesday the Seventh to the Bull at Coventry And upon the Eighth we came to Tixhall which was Thursday And from Thursday the Eighth to Tuesday the Thirteenth I did see him every Day at my Lord's House at Tixhall Lord Ch. Just Whither went he then North. He went with my old Lady and some other Company to go to Holy-Well Lord Ch. Just When did you see him again North. I did see him several times after that at Tixhall But I took no particular Notice of him again till he went away for London Lord Ch. Just When was that North. I did see him the Ninth of September He came to go with Sir John Southcoat to London Mr. John Southcoat and he I took my Leave of him Oats What Religion are you of Sir North. I am a Catholick my Lord. Oats I desire to know how he comes to remember this so well North. I waited at the Table and he was every Day at Dinner with my Lord. Oats Were you at the Tryal of Ireland a Witness North. No indeed my Lord I was not Mr. Att. Gen. Swear Richard Ingletrap Which was done Mr. Sol. Gen. Pray will you give an Account whether you knew Mr. Ireland and where you saw him Ingletrap The First of August my Lord I was ordered
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
my Nephew Biddolph did dine there As for the day of the Month I cannot so well tell it because when my Friends dine with me I do not use to note down the day particularly but it was I remember a pretty remarkable time for it was about Pancrass-Fair Mr. Gerrard of Hildersome came with him and Mr. Ireland being a Stranger I asked who he was and they told me it was Mr. Ireland He never was at my House before nor after he was a meer Stranger to me L. C. J. What day was it say you Mrs. Crompton It was the same day my Nephew Biddolph dined there L. C. J. Was it Munday the second of September do you remember Mr. Att. Gen. He says he was at her House at Millage that day and she says it was the same day he dined there Mrs. Crompton But I never note down the particular days when my Friends dine with me except I had particular occasion to do it as I had none at this time Oates My Lord I desire to know what Religion this old Gentlewoman is of Mrs. Crompton I am a Roman Catholick my Lord. Mr. Att. Gen. Swear Mrs. Palmer Which was done Mr. Soll. Gen. Mrs. Palmer where did you see Mr. Ireland Mrs. Palmer I was at dinner at Mrs. Cromptons at Millage where there was a Gentleman called Mr. Ireland that did dine there L. C. J. When was it Mrs. Palmer I cannot tell truly what day it was L. C. J. Who was there besides you at dinner that day Mrs. Palmer 'T is so long since I cannot remember L. C. J. Was Mr. Biddolph there Mrs. Palmer Not that I remember my Lord. L. C. J. What do you bring her for Mr. Attorney Mr. Att. Gen. She dined there that day it seems but if she cannot remember it I cannot help it L. C. J. But these kind of Witnesses do but slack your proof Mr. Soll. Gen. My Lord I think we do ever do our Business indeed Mr. Att. Gen. We have one Witness more to this point and that is Mrs. Mary Holmes Swear her Which was done Where did you see Mr. Ireland in the year 78. Mrs. Holmes I saw him at Millage my Lord. L. C. J. When Mrs. Holmes The first or the beginning of September I am sure Mr. Soll. Gen. What day of the week was it Mrs. Holmes Munday L. C. J. You have proof enough of this Mr. Attorney General Mr. Att. Gen. Truly I think so my Lord. Mr. Soll. Gen. Pray swear Mrs. Esther Gifford Which was done Mrs. Gifford when did you see Mr. Ireland Mrs. Gifford Upon the second of September 78 I saw Mr. Ireland above a hundred miles from this place Mr. Soll. Gen. Where Mrs. Gifford At Pancrass Mr. Soll. Gen. What time of the day was it Mrs. Gifford In the Afternoon about Four or Five a Clock Mr. Soll. Gen. Did he stay there all night Mrs. Gifford I cannot tell indeed Mr. Att. Gen. Swear Mr. Pendrel Which was done Mr. Soll. Gen. Now my Lord we are come to the second of September in the Evening we shall prove where he was that night and the third and then we shall return to the fourth of September when Mrs. Harwel swears he came back to Wolverhampton Mr. Hanses When did you see Mr. Ireland Mr. Pendrel Mr. Pendrel I saw him upon the second of September Mr. Att. Gen. Where did you see him Mr. Pendrel At Boscobel at my House there he lodged with me that night Mr. Soll. Gen. In what year was it Mr. Pendrel In the year 1678. Mr. Att. Gen. Was it the September before the Plot and before Mr. Ireland was Executed Mr. Pendrel Yes my Lord it was L. C. J. Did you know him before Mr. Pendrel No I did never see him before as I know of L. C. J. How long did he stay there Mr. Pendrel He stayed that night and the next day all day and went away the 4th of September to Black Ladies Mr. Soll. Gen. Whose house is that Mr. Pendrell It is Mr. John Gifford's L. C. J. You say you live at Boscobel did you hear any thing of a Letter came to your house for Mr. Ireland Mr. Pendrell Not that I know of my Lord there was not any that I remember Mr. Att. Gen. Then swear Mrs. Pendrell which was done Mr. Soll. Gen. Pray Mistriss will you give an account where you saw Mr. Ireland Mrs. Pendrell I saw him at Boscobel at the Royal Oak he came there the second day of September Mr. Soll. Gen. Can you tell what year it was Mrs. Pendrell It was the first beginning of the Plot. Mr. Soll. Gen. How long did he stay there Mrs. Pendrell He staid Tuesday and Wednesday he went to Black Ladies and so away to Wolverhampton Mr. Soll. Gen. We have but one Witness more my Lord for Wednesday the fourth of September and then we have done Swear Mr. Charles Gifford which was done When did you see Mr. Ireland Mr. C. Gifford May it please your Lordship I saw Mr. Ireland at my Fathers house at Black Ladies Oates My Lord I would ask Mrs. Pendrell a Question before she goes Whether she was not a Witness at the five Jesuits Tryal Mrs. Pendrell I was in Court but they would not suffer me to swear Oates Did she not give Evidence there L. C. J. She was examined but she could not be sworn because she came to testifie against the King in a Capital Cause Mr. Att. Gen. Pray what say you Mr. C. Gifford Mr. C. Gifford My Lord I say I saw Mr. Ireland at my Fathers house at Black Ladies and he staid there an hour and a half and went thorough Chillington and said he would go to Wolverhampton Mr. Att. Gen. What day of the month was it Mr. C. Gifford I am morally certain it was the fourth of September and so he went to Wolverhampton as I am informed He came to our house to see a Lady that was there L. C. J. What Lady was it Mr. C. Gifford It was one Madam Wells Mr. Soll. Gen. Thus my Lord we have lodged him the fourth of September at Wolverhampton when Mrs. Harwell says he returned to her and so my Lord we have given an account where he was from the third of August to the 14th of September Mr. Soll. Gen. We have prov'd where he was every day in that time but onely the 8th of September and for that we must leave it to the Jury We have proved that he came away from Mrs. Harwell's the 7th and said he was to go to Tixhall and the ninth he did go from Tixhall in Sir John Southcoates company and came to London the 14th L. C. J. Well what say you to it Mr. Oates Oates Has Mr. Attorney done his Evidence my Lord Mr. Att. Gen. We shall call no more Witnesses unless you go about to support your own Credit and then we have other Witnesses to call Oates I do not value any Witnesses you can bring against my Credit Mr. Att.
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
me all the Journey yet because I did not take such particular notice of the rest of the time as I did of those two dayes I will not take upon me to swear it If Mr. Oats had had the Fortieth part of that Caution in his Evidence I dare say you had not had the trouble of this dayes Tryal The Fifth you have a great many Witnesses who give you an account that he came on Monday night to St. Albans with my Lord Aston there is Sir Edward Southcoat Mr. John Southcoat my Lord Aston the Goachman and all the Servants Sir Edward tells you that Monday was a hot day and my Lord Aston took him into his Coach but he rode a Horse-back all the rest of the way and had a fine going Horse which Horse Mr. John Southcoat bought of him when the whole Journey was ended They tell you likewise upon the Sixth and Seventh dayes the very Inns they Lodged at upon the Road and particularly at Northampton they lay at the George which was Sir William Farmers's House which was then lett to an Inn-Keeper because of the Fire in that Town And which is most material of all for Mr. Oats's satisfaction you have for these times no less than four Witnesses that are Protestants of the Church of England who give you the same account There are in all no less in number than Fourteen to this point and whether you will belive those Fourteen to be witlfully perjured without Evidence to the contrary is left to you And if they do swear true Oats that was Yesterday found Perjured must be Convicted of Perjury again to day For in short the Question is Whether you will believe Persons of Credit that have no stain upon their Reputation or Oats that upon plain Evidence was found Guilty of Perjury Yesterday When we come to Tixhall we have no less number that testifie where he was from day to day and from night to night to the Seventeenth and from the Seventeenth to the Twenty-sixth You have Fifteen Witnesses more all as direct and positive as can be in the World Swearing where he was from time to time It seems he came to Tixhall Thursday the Eighth there he stayed till Thursday following and then he went to Holy-Well he lay the first Night at Nantwich the next Night at Holy-Well at the sign of the Star a Notorious Inn there he came to Chester on Thursday and some of the Company left him there but others came back with him to Tixhall who say he went away on Saturday-morning which happens to be the Seventeenth And thus you have a full account of him quite from the Third to the Seventeenth beyond all Contraversie plainly proved by Persons of undoubted Credit And if he were where they say he was from the Third to the Sevententh How could Oats swear true that he took his leave of him here in Town between the Eighth and Twelfth Now let us come from the Seventeenth to the Twenty-sixth and you have no less than Fifteen Witnesses four whereof are Protestants which I urge not as a necessary qualification to be a Witness but to answer Oats's Objection as tho' this was a Popish design to destroy him They have given you an account where he was from time to time by convincing Circumstances which you have heard particularly of one day that he went to Litchfield one of the Witnesses went with him and a Protestant Witness too that came back with him again and supped with him at her Fathers House The Apothecary tells you the day that he saw him was a Wake-day which is a remarkable time in the Country You are told of the Funeral of one Womans Mother that made her stay away from Monday till Thursday Of another Mans Child I mention them but shortly to you because I know you have taken Notes of them and they are only used as Inftances to manifest the Integrity of the Witnesses that this was not a thing contrived on purpose to make a story of but did really happen in the Order they tell it And I must remember you of another Circumstance Some of them do swear that whereas Oats had a mind to evade their Testimony by that Question Whether this was the same Ireland that was Tryed It was most certainly he for that is made too evidently to appear by their seeing him Executed at Tyburh I am sorry to say Innocently From the Third of August to the Twenty-sixth there is not one night but you hear where he was And from the Twenty-sixth of August to the Seventh of September you hear where he was at the Horse-Match upon the Bowling-Green at Mr. Hereninghams Mr. Lowes Mr. Gerrards Mrs. Cromptons Mr. Pendrells Mr. Giffords and Mrs. Harwells And from the Seventh to the Fourteenth save only one day viz. the Eight you have a particular account too and it does not appear by a rambling Evidence but a Faithful account is given of all the time save that Eighthday which shews the Caution of the Witnesses And it cannot but be easily presum'd he was either at Tixhall or thereabouts because he was at Wolverhampton the Seventh coming to London the Nineth How easy is it to imagin him there the Eighth and the rather because where he was the Eighth is not material to the point in Question before you but where he was the First and Second And Gentlemen If in Case you had a mind to imagine he was the Eighth at London it must be by a strain'd imagination for you must take him to be at Wolverhampton the Seventh and make him Ride Post to London that Night and return Post from London the Eighth to Tixhall to be ready there early in the morning upon the Nineth to take four dayes Journey back again or else you cannot give the least countenance to any other imagination but that he was about Tixhall the Eighth of September Well at Tixhall you have him the Nineth of September and from thence you have it testified by all the Persons that came along with him all the way that he lay one Night at Coventry another at Banbury a third at Agmondisham That he Baited at Vxbridg the Fourth which was the Twelfth of September and came to Sir John Southcoats's House that Night being Thursday He stayed there Thursdaynight and Fryday and upon Saturday the Fourteenth of September Sir John Southcoates's Man went along with him to London whither he Rode upon the Horse he sold Mr. Southcoat the Man saw him at his Lodging and he sayes they wondred when he came in that he had stayed so long And then we return to the Four Witnesses they begun with at first who makes all this Testimony to stand well together That he went away the Third of August and was never in Town till the Fourteenth of September And every Day but the Eighth of September which makes nothing to the Business is particularly spoke to And he must be there that Day too except you will put him
perfect the same their most wicked Treasons and Trayterous Imaginations and purposes aforesaid they the aforesaid Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors to the Jurors unknown the aforesaid 24th day of April in the 30th Year aforesaid with Force and Arms c. at the Parish of St. Giles in the Fields aforesaid in the County of Middlesex aforesaid Falsely Maliciously Subtilly Advisedly Devillishly and Traiterously did Assemble themselves Unite and Congregate and then and there falsly maliciously subtilly advisedly devillishly and traiterously did Consult and Agree our said Sovereign 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 establisht to the Superstition of the Romish Church to change and alter And the sooner to compleat and perfect the same their most Wicked Treasons and Trayterous Imaginations and purposes aforesaid the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors of our said late Lord the King to the Jurors unknown afterwards to to wit the same 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 and Trayterously between themselves did conclude and agree That they the said Thomas Pickering and John Grove Him our said late Lord the King should Kill and Murder and that they the said Thomas White otherwise Whitebread William Ireland John Fenwick and others false Traytors to the Jurors unknown a certain number of Masses between them then and there agreed 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 And the Jurors aforesaid upon their Oaths aforesaid did further present That the said Thomas Pickering and John Grove upon the agreement aforesaid then and there falsely subtilly advisedly maliciously devillishly and trayterously did take upon themselves and to the same Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traytors against our said Lord the King to the Jurors aforesaid unknown then and there falsely subtilly advisedly maliciously Devillishly and Trayterously did promise that they the said Thomas Pickering and John Grove him our said late Lord the King would Kill and Murder And that they the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Traytors against our said Lord the King unknown afterwards to wit the same 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 and trayterously did give their faith each to other and upon the Sacrament then and there Trayterously did swear and promise to Conceal and not to divulge their said most wicked Treasons and Trayterous Compassings Consultations and Purposes so between them had him our said late Lord the King Trayterously to kill and murder and the Romish Religion within this Kingdom of England to be used to Introduce and the true Reformed Religion within this Kingdom of England rightly and by the Laws of the said Kingdom Establisht to alter and change And that the said Thomas Pickering and John Grove in Execution of the Trayterous agreement aforesaid afterwards to wit the same 24th day of April in the 30th year aforesaid and diverse days and times after at the aforesaid Parish of St. Giles in the Fields in the County aforesaid Muskets Pistols Swords Daggers and other offensive and Cruel Weapons him the said late Lord the King to kill and murder falsely subtilly advisedly maliciously devillishly and trayterously did prepare and obtain had and kept for themselves and that they the said Thomas Pickering and John Grove afterwards to wit the same 24th day of April in the 30th year aforesaid and diverse days and times after with Force and Arms c. at the Parish aforesaid in the County of Middlesex aforesaid and in other places within the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly and trayterously did lye in wait and endeavour our said late Lord the King Trayterously to kill and murder and that the said Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traytours to the Jurors aforesaid unknown afterwards to wit the same 24th day of April in the 30th year aforesaid at the Parish aforesaid in the County of Middlesex aforesaid falsely subtlely advisedly malicitiously and Trayterously did prepare perswade excite abate Comfort and Counsel four other persons to the Jurors unknown and Subjects of our said Lord the King him our said late Lord the King Trayterously to kill and murder against the duty of their Allegiance against the peace of our said Lord the King his Crown and dignity and against the forme of the Statute in such Case made and provided and thereupon it was so far proceeded that afterwards at the Court of Goal-delivery of our said Lord the King at Newgate at Justice Hall in the Old Bayly in the Suburbs of the City of London in the parish of St. Sepulchre in the Ward of Faringdon without London the 17th day of December in the 30th Year aforesaid before the Justices of the said Lord the King of the same Goal-delivery then and there held by Adjournment of the County of Middlesex aforesaid came the said William Ireland Thomas Pickering and John Grove under the Custody of Sir Richard How Knight and Sir John Chapman Knight Sheriff of the County of Middlesex aforesaid into whose Custody for the Cause aforesaid they were before committed Being brought to the Bar there in their proper Persons and presently being severally asked concerning the Premises above Charged upon them how they would acquit themselves the aforesaid William Ireland Thomas Pickering and John Grove did severally say That they were not thereof Guilty and for the same for good and bad they did severally put themselves upon the Country and by a certain Jury of the Country in that behalf duly Impanneld Sworn and Charged then and there in the same Court before the Justices of Goal-delivery aforesaid were tryed and that upon that Tryal between our said late Lord the King and the said William Ireland Thomas Pickering and John Grove at London aforesaid to wit at the Justice-Hall in the Old-Baily aforesaid in the Parish of St. Sepulchre in the Ward of Faringdon without London aforesaid The Defendant Titus Oates late of the Parish of St. Sepulchre aforesaid in the Ward aforesaid Clerk was produced as a Witness on the part of the said late Lord the King upon the Tryal aforesaid and before the said Justices of Goal-Delivery in the Court aforesaid then there held upon the Holy
Gospels of God was duly sworn to speak and testify the Truth the whole Truth and nothing but the Truth of and in the Premises between our said Lord the King and the said William Ireland Thomas Pickering and John Grove And that the said Titus Oates then and there in the Court of Goal Delivery aforesaid upon his Oath aforesaid upon the Indictment aforesaid at the Parish and Ward 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 then and there sworn and Empannel'd to try the Issue aforesaid between our said late Lord the King and the said William Ireland Thomas Pickering and John Grove That the said William Ireland in the Indictment aforesaid mentioned was in Town within the Cities of London and Westminster or the places adjacent to the said Cities meaning upon the first or second day of September in the Year 1678. Whereas in Truth and indeed the said William Ireland in the Indictment aforesaid mentioned was not in Town nor within the Cities of London or Westminster or the Places adjacent to the same Cities or either of them upon the first or s cond day of September in the Year 1678. And so the aforesaid Titus Oates the aforesaid seventeenth day of December in the Thirtieth Year aforesaid at the Justice-Hall aforesaid in the Court aforesaid upon the Trial aforesaid upon the Indictment aforesaid between our said late Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove so as aforesaid had by his own Act and Consent and of his most wicked mind falsely voluntarily and corruptly in manner and form aforesaid did Commit Voluntary and Corrupt Perjury And the Jurors aforesaid last sworn to enquire for our said Lord the King and the body of the City of London aforesaid upon their Oathes aforesaid doe further present That at another Session of our said late Lord the King held for the County of Middlesex at Hickes's Hall in St. Johns street in the County aforesaid on Thursday to wit the 12th day of June in the 31st year of our said late Lord King Charles the second before Sir Phillip Mathews Baronet Sir Thomas Orby Knight and Barronet Sir William Pulteney Knight Sir William Bowles Knight Thomas Robinson Thomas Harriot Esquires and others their Companions by Letters Patents of our said late Lord the King to the same Justices aforenamed and others and to any four or more of them under the Great Seal of our said late Lord the King made to enquire by the Oaths of good and Lawful Men of the County of Middlesex aforesaid and by all other wayes manners and means by which they might or could better know as well within Liberties as without by whom the truth of the matter might be best known and enquired of all Treasons Misprisions of Treason Insurrections Rebellions Counterfeitings Clippings Washings False-making other Falsifyings of the Mony of this Kingdom of England and of other Kingdoms Dominions whatsoever of all Murders Felonies Man-slaughters Killings Burglaries Rapes Meetings and unlawful Conventicles Speakings of Words Combinations Misprisions Confederacies false Allegations Trespasses Riots Routs Retainers Escapes Contempts Oppressions and of other Articles and Offences in the same Letters Patents of our said Lord the King specified As also the Accessaries of the same within the County aforesaid as well within Liberties as without by whomsoever howsoever had done perpetrated or committed of other Articles Circumstances concerning the Premises howsoever and the same Treasons and other the Premises to hear and determine according to the Law and Custom of this Kingdom of England being assign'd by the Oaths of Henry Ashurst Esquire Edward Gavell John Radford John Warral William Hanmar Robert Pritchard John Tredder Gilbert Vreweyn David Collivex Abraham Harrison Charles Morgan Philip Trehearn John Collier Robert Whiterod William Webb Thomas Edwards and Abraham Tillent honest and lawful Men of the County aforesaid Sworn and Charged to enquire for our said Lord the King and the Body of the County aforesaid upon their Oaths it was presented That Thomas White late of the Parish of St. Giles in the Fields in the County of Middlesex Clerk otherwise called Thomas Whitebread late of the Parish aforesaid in the County aforesaid Clerk John Fenwick late of the Parish aforesaid in the County aforesaid Clerk William Harcourt late of the Parish aforesaid in the County aforesaid Clerk otherwise called William Harrison late of the Parish aforesaid in the County aforesaid Clerk John Gaven late of the Parish aforesaid in the County aforesaid Clerk and James Corker late of the Parish aforesaid in the County aforesaid Clerk as false Traytors against the most Illustrious most Serene and Excellent Prince our late Soveraign Lord King Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Their Supreme and Natural Lord not having the fear of God in their Hearts nor weighing the duty of their Allegiance but being moved and seduced by the Instigation of the Devil the Cordial Love and true due and Natural Obedience which true and faithful Subjects of our said Lord the King towards him our said Lord the King should and of right ought to bear wholly withdrawing and contriving and withall their might intending the Peace and common Tranquillity of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England used and by Law establisht to overthrow and the Government of this Kingdom of England to Subvert and Sedition and Rebellion within this Kingdom of England to move stir up and procure and the Cordial Love and true and due Obedience which true and Faithful Subjects of our Lord the King towards him the said Lord the King should and of right ought to bear utterly to withdraw put out and extinguish and our said late Lord the King to death and final destruction to bring and put the 24th day of April in the 30th Year of the Reign of our said late Lord King Charles the Second c. at the Parish of St. Giles in the Fields in the County of Middlesex aforesaid with diverse others false Traytors against our said late Lord the King to the Jurors aforesaid unknown falsly subtilly advisedly maliciously and trayterously did purpose compass imagine and intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable slaughter among the Subjects of our said Lord the King to procure and cause and our said late Lord the King from the Regal State Title Power and Government of his Kingdom of England utterly to deprive depose cast down and disinherit and him our said late Lord the King to Death and final Destruction to bring and put and the Government of the same Kingdom and the sincere Religion of God in the same Kingdom rightly and by
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
What he swore at the Tryal of Ireland and we say that at that Tryal he did swear Ireland was in Town the 1st or 2d of September 1678. The second instance is What he swore at the Tryal of the five Jesuites and there we say he did swear That Ireland was in Town between the 8th and 12th of August and that he took his leave of him here in Town at his Chamber in Russel-street and we do charge him by this Indictment that he has forsworn himself in both Instances And that Ireland Gentlemen was neither in Town between the 8th and 12th of August nor the 1st or 2d of September And we shall make it out very evidently For Gentlemen as to the proof in this Case our Case stands thus We say That the 3d. of August 1678. Ireland went into Hartfordshire to a House of my Lord Astons and from thence went into Staffordshire I will not stand to open the Particulars where he was every day but we shall give you an account in a method very easy to be remembred and observ'd where he was till the 14th of September But one Remarkable Instance Gentlemen I desire to take particular notice of and that is the time of Pancrass-Fair which is upon the 2d of September alwayes a known day and a known place in that Country Now we have among the rest many Witnesses to prove That Mr. Ireland was there that day and not in Town And when we have proved this as we shall by a whole Cloud of Witnesses I believe you Gentlemen of this Jury will no more doubt that Mr. Oates is Forsworn in these Particulars than the Jury Yesterday did in that particular nor than I believe the whole Kingdom does by this time Mr. Sol. Gen. My Lord we shall go to our Evidence and first we produce the Records of the two Tryals of Ireland and the five Jesuites Swear Mr. Swift which was done Pray Sir put in the Records Are those true Copies Mr. Swift My Lord I examined these Records with the Originals and they are true Copies Mr. Att. Gen. Mr. Oats Will you have them Read or to save the time of the Court will you agree them Oats My Lord I consent to save the time of the Court If they shall be made use of for Evidence for me Lord Ch. Just No doubt they are Evidence for you as well as against you when they are produced here Mr. Soll. Gen. If Mr. Oats does admit the Records then shall we go on and prove what he did swear at those Tryals and for the first part of the time which is between the 8th and 12th of August we desire that Mr. Thomas Harriot and Mr. Rainsford Waterhouse may be sworn which was done Mr. Att. Gen. Mr. Harriot pray do you Remember at the Tryal of the five Jesuits was Mr. Oats produc'd and sworn as a Witness Mr. Harriot Yes he was my Lord. Mr. Att. Gen. Do you remember what testimony he gave about Ireland's being in Town and when it was he said he was in Town Mr. Harriot My Lord he did positively swear that Mr. Ireland the late Jesuite did take his leave of him the said Oats and others at the said Ireland's Chamber in Russel-street betwixt the 8th and 12th of August 1678. Mr. Soll. Gen. Were you of the Jury that tryed the five Jesuits Mr. Harriot Mr. Harriot Yes I was Foreman of that Jury Mr. Soll. Gen. What say you Mr. Waterhouse Were you present at that Tryal Mr. Waterhouse Yes I was of the Jury too Mr. Soll. Gen. What did Oats Swear at that Tryal Mr. Waterhouse He said That Mr. Ireland took his leave of him the 12th of August My Lord Ch. Just Scroggs then asked him are you sure it was the 12th And then he said He would not be positive it was the 12th but between the 8th and 12th it was I am positive upon my Oath Mr. Att. Gen. It is so in the Print too but we will now go on Lord Ch. Just But will the Defendant ask these Witnesses any Questions Oats My Lord if your Lordship please I will ask Mr. Harriot a Question Lord Ch. Just Ay do ask him what you will Oats Mr. Harriot Did I swear that he took his leave of me or I took my leave of him Mr. Harriot You swore that Ireland took his leave of you and others between the 8th and 12th of August 1678. between those two days and in that Year Mr. Just Withins It is a nice Question that of yours Mr. Oats upon my word Oats My Lord I know what reason I have to ask that Question I am sure in Perjury the Court ought to keep up the Witnesses strictly to what is laid in the Indictment Lord Ch. Just Well you have his Answer according to the Indictment Oats Pray my Lord be pleased to ask Mr. Harriot this Question whether he took Notes of the Tryal Mr. Harriot Yes I did so Sir Oats My Lord I desire to know of Mr. Harriot whether he has those Notes by him Mr. Harriot No Sir I have them not here but I have had them by me this four or five Years or more It was my manner in all the Tryals wherein I was concern'd as a Jury-Man to Read the Tryals strictly over when they were printed especially where I happen'd to have any Notes that I took at the Tryal and to compare the printed Tryal with my Notes and where I found any thing doubtful I used to put a Query upon it And this and many other things I found to be in the Printed Tryal strictly according to my Notes Oats My Lord I desire to know what Tryal he was Foreman at Mr. Harriot That of the Five Jesuites in June the 13th of June 1679. Lord Ch. Just Have you any thing to ask Mr. Waterhouse Oats Yes my Lord. Pray Sir let me ask you a Question Mr. Waterhouse Ay if you please Sir Oats Did you take Notes of that Tryal you speak of Sir Mr. Waterhouse No I did not Oats How come you then to remember this That I was so positive as to the time betwixt the 8th and 12th of August Mr. Waterhouse Because I was one of the Jury and because my Lord Chief Justice made a stop when you said 'T was the 12th of August and bid you consider And you consider'd and consider'd it and did affirm positively That it was between the 8th and 12th of August Lord Ch. Just He gives you a plain Reason for his Remembrance Oats My Lord I have done with him Mr. Sol. Gen. Then we desire Mr. Foster may be sworn VVhich was done Mr. Foster Pray will you tell what you remember Mr. Oats swore at Mr. Ireland's Tryal about Ireland's being in Town Mr. Foster I was one of the Jury at the Tryal of Mr. Ireland Mr. Pickering and Mr. Grove and I did see Mr. Oats sworn as a Witness for the King at that Tryal and so was Mr. Bedloe And Bedloe there gave Evidence That there was a
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-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-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
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
was secured and Executed Mr. Att. Gen. What Religion are you of pray Sir Mr. Richardson I am of the Church of England Oates Pray Sir I would ask you this Question Mr. Richardson As many Questions as you please Mr. Oates Oates Who told you it was Mr. Ireland Mr. Richardson Mrs. Harwell Oates When was it she told you it was Ireland Mr. Richardson To the best of my Remembrance it was before he was apprehended as a Traytor Oates He is uncertain when he was told so L. Ch. Just Well make what Advantage you can of it by and by Mr. Att. Gen. Swear Mrs. Eleanor Graves which was done Mr. Soll. Gen. Pray Mistriss did you see Mr. Ireland at VVolverhampton at any time Mrs. Graves Yes I did my Lord. Mr. Sol. Gen. When was it Mrs. Graves The first time was six years ago in August it is now going on seven years since Mr. Att. Gen. What time in August was it Mrs. Graves The first day was the 20th or 21th I am sure I saw him upon the 22th for I din'd with him and was with him all the Afternoon and sup'd with him Upon the 23th we went to Litchfield together which was Bartholomew Eve And I saw him the 25th which was Sunday after L. Ch. Just Are you sure it is the Ireland we are now speaking of Mrs. Graves They said it was the same Mr. Ireland that was executed They call'd him so L. Ch. Justice Nay there is no great doubt but only for Mr. Oates's Satisfaction Mr. Att. Gen. At whose House did he lye at VVolverhampton Mrs. Graves At Mrs. Harwells Mr. Att. Gen. Where was it you sup'd with him I pray you Mrs. Graves He din'd and sup'd at a Relations House of mine L. Ch. Justice Who was that Name him Mrs. Graves It was at my Uncle VVinfords L. Ch. Just Did you go along with him to Litchfield do you say on the 23th Mrs. Graves Yes and so did my Uncle and at Night we came back together Mr. Soll. Gen. What Religion are you of Mistress Mrs. Graves I am of the Church of England Oates My Lord I desire to ask her how did she know it was the same Ireland that was tryed Mrs. Graves It was the same Ireland that they said was afterwards executed I know no more Mr. Soll. Gen. Did you go back with him to Mrs. Harwells from Litchfield Mrs. Graves I did to my Uncle VVinfords House Mr. Att. Gen. Now we come my Lord to another Period of time which is from the 26th of August to the 29th and for that we first call Sir Thomas VVhitegrave who is a Justice of the Peace and a worthy Gentleman a Member of the Church of England in that County Swear him which was done Mr. Soll. Gen. Pray Sir Thomas will you be pleased to give the Court an account whether you saw Mr. Ireland in Staffordshire 1678 and what time it was Sir Thomas Whitegrave I saw Mr. Ireland upon the 29th of August before the Popish Plot It was upon a Thursday in the Afternoon upon Tixhal Bowling green and I discoursed with him he told me he was to go home that Night with Sir James Simmons and Mr. Heveningham They told me afterwards he went on Saturday to Hildersham and went thence on Monday following towards Boscobel Sometime after that a Rumor came down that Mr. Ireland was accused with others of being in a Plot of the Papists and my self and some others that were in Commission for the Peace in that County did reflect upon the time that Ireland was in the Country and we were a little disturbed because he had been at particular Places among our Neighbours whom we knew to be Catholicks Mr. Att. Gen. Can you remember no day but that one Sir Thomas Sir Thomas Whitegrave Only the 29th I saw him there and discours'd with him and afterwards there was Word sent to me to desire me that I would come up to London at his Tryal L. C. Justice And did you come up Sir Thomas Sir Tho. Whitegrave No I did not I had no Subpaena and being a Justice of the Peace I did not think fit to leave the Country at that time without a Subpaena Oates My Lord I desire to know of this Gentleman how long he had been acquainted with Mr. Ireland Sir Tho. Whitegrave I Never saw him before nor since L. C. Justice He goes no further then the 20th Mr. Att. Gen. No my Lord he does not Then swear Mr. William Fowler which was done Mr. Soll. Gen. Pray will you give an Account when you saw Mr. Ireland and where Mr. Fowler I saw Mr. Ireland upon the 27th of August 78. in Staffordshire at a Horse Race at Etching-hill The Race was run between Sir Henry Gough and Captain Cherwine Mr. Sol. Gen. Did you see him any other Day in that Month Mr. Fowler Yes the 29th of August I saw him at Tixhall Bowling-green Mr. Sol. Gen. When else did you see him Mr. Fowler I saw him the 10th of August before Mr. Sol. Gen. Where at Tixhall at my Lord Aston's House Mr. Att. Gen. Do you remember Sir Thomas Whitegrave was upon the Bowling-green the 27th of August Mr. Fowler Yes he was and did discourse with Mr. Ireland there L. C. Justice What became of Mr. Ireland afterwards Mr. Fowler He went about the Country for some time my Lord. L. C. Justice Was it the same Ireland that was executed Mr. Fowler Yes it was the same L. C. Justice You say you saw him the 29th at Tixhall Bowling green Mr. Fowler Yes I did so L. C. Justice When you heard he was taken up for the Plot What did they say whither he went at that Time Mr. Fowler I think he went to Mr. Heveningams or thereabouts Oates I would fain know this Gentlemans Religion Mr. Fowler I am a Roman Catholick L. C. Justice We ask it only because Mr. Oates desires to be satisfied in that point Mr. Att. Gen. Pray swear Mr. Howard which was done Mr. Soll. Gen. What time in August 78 did you see Mr. Ireland in Staffordshire and where Mr. Howard I came out of Shropshire upon the 27th of August to the Horse-race at Etching-hill and there I saw this Mr. Ireland upon the 28th I dined at one Mr. Herbert Astons House at Bellamore and there I saw him again Mr. Att. Gen. What other time did you see him Mr. Howard Never any other time Oates How does he know it was the same Mr. Ireland Mr. Howard I came up to Town soon after and they told me that knew him that it was the same Ireland that suffer'd Mr. Att. Gen. Swear Mr. Drayton which was done Mr. Soll. Gen. Where did you see Mr. Ireland Mr. Drayton At Etching-hill Race Mr. Att. Gen. What day was that Mr. Drayton That was the 27th of August 1678. Mr. Att. Gen. When did you see him after Mr. Drayton The next day following I did not see him but the Thursday following I saw him at Tixhall and he went
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
Gen. Well for the present we do not designe to call any more Witnesses L. C. J. Then let us hear what you say to it Oates My Lord here is an Indictment exhibited against me which sets forth that I should swear at Mr. Ireland's Tryal that Mr. Ireland was in Town the first and second of September and it sets forth that in truth he was not in Town And likewise it sets forth that I swore at the Tryal of the five Jesuits that Mr. Ireland took his leave of me and others here in Town at his Lodging in Russel-street between the 8th and 12th of August whereas the Perjury there assigned is this That he did not take his leave of me or any other person betwixt the 8th and 12th of August at his Lodging in Russel-street Now my Lord I was not the onely Witness of Mr. Ireland's being in Town in the month of August nor the onely Witness of his being in Town about that time in September My Lord my Prosecutors have endeavoured to maintain this Charge against me thus The first thing they have gone upon as far as I can remember in the Indictment is as to the first or second of September or rather they have endeavoured to prove both under one Now in answer to all this Evidence my Lord the first thing I shall offer to your Lordships consideration and the consideration of the Jury is the great hardship I lie under after six years time to be put to disprove what the Counsel here have now offered against me My Lord I observe first that this Indictment which is now upon tryal is founded upon the Tryal of Ireland which was the 17th of December 1678 at the Old-baily and it is now six years after that Evidence of mine was delivered A second thing is that the Indictment is found by special Commission as appears by the Indictment it self Now I must recommend to the consideration of your Lordship and this Jury why the prosecution of this pretended Perjury has been delayed so long when it appears by the Evidence which has been produced that the Witnesses to prove it were known six years since as much as they are now and there is no colour of Evidence offered that any new Fact has been lately discovered which was not then known There is no reason my Lord that is assigned or can be assigned for this delay but onely that the hardship might be the greater upon me for now it is difficult if not impossible for me to maintain the Evidence I then gave so many persons being since dead or gone beyond the Seas and many things that were fresh then are now grown out of memory and I beg your favour to insist upon this and I think it cannot be denied me If such a Practice as this be admitted no Witness is safe in giving his Testimony against any Conspirators whatsoever For my Lord I must desire leave to offer another thing to your consideration before I speak to the particular Evidence and that is this That here is nothing but a bare point of time upon which this Perjury is assigned when the substance of the Testimony that I gave at the Tryals of Mr. Ireland and the rest about the Popish Plot is not assigned as any Perjury at all it is only a circumstance of Time and Place And my Lord I shall offer this to your further consideration that Ireland was convicted for a Treasonable Resolution to murder the late King and not for being in Town in August or September 78 or elsewhere and he was not convicted for his being in his Chamber in Russel-street and taking his leave there in August which is one matter of the Perjury now assigned Next my Lord 't is hard and unreasonable to tye up VVitnesses that come to discover Plots and Conspiracies to speak positively as to circumstance of Time and Place and every little Punctilio in their Evidence to bind them up to such Niceties in the delivery of their Testimonies as to Time and Place It is usual to speak with Latitude as to such kind of things and 't is probable my Evidence which is now in question was not that Ireland was the first or second of September positively here in Town but my Lord I did I believe give my self a Latitude and would not confine my self to either the first or second fifth sixth seventh or eighth but my Lord that he was in September there I am positive I must therefore beg your Lordships and the Courts Opinion whether that Mr. Foster did prove that I was positive and precise to the days of the 1st and 2d of September 78. L. C. J. In my opinion it is a plain Evidence that you did swear positively to those two days and you spoke to a circumstance very material in your Evidence that either the first or second of September you had twenty shillings of him in Town here now that circumstance of his Kindness to you was not a circumstance either of time or place Oates Then my Lord I shall begin with my Proofs but my Lord I desire I may have free liberty to mind my Business for here is a Gentleman behind me that will not let me be at quiet but is either medling with me or my Papers L. C. J. Who is it let me know him and I will take care to make him quiet or set him farther off You Gentlemen that are at the Bar should know better one would think He must have liberty to make his own defence and if he complains and lets me know who meddles with him they had better do somewhat else Oates My Lord the first thing that I offer is that Ireland was convicted of Treason and for that you have the Record L. C. J. It is allowed of all sides that Ireland was convicted and attainted of Treason Oates Then my Lord the principal Defence which as near as I can remember Mr. Ireland made at his Tryal was an endeavour to prove that he was not in Town between the 8th and 12th of August nor the 1st and 2d days of September which are the points now in Issue and he then produced one Mr. Gifford and his Sister and Mother and fifteen or sixteen Witnesses were produced at Mr. Whitebreads Tryal of which there is another Record that being six Months after Mr. Ireland was Tried There Mr. Whitebread produces several Witnesses Mr. Gifford I say and several others I think to the number of sixteen which were to prove Ireland's being out of Town in these times that these Witnesses speak of Now my Lord all those several Witnesses being produced to prove Ireland then out of Town the very point that is now in Issue was then so and notwithstanding all those Witnesses the Jurors who tryed Mr. Ireland and the Jurors who tryed Mr. Whitebread and the other four Jesuites found them Guilty though they endeavoured with all their force imaginable to oppose my Testimony and it was left to the Consideration of the
Jury what their Witnesses had said If your Lordship pleases to remember my Lord Chief Justice Scroggs did observe to the Jury that the Evidence of the Prisoner at the Bar did consist only in Punctilio's of time which as near as I can remember what he says he called a Nicety of time and in Whitebreads Tryal he was pleased to call it Catching in point of time And it was observ'd at Ireland's Tryal that his Defence was so weak that my Lord Chief Justice Scroggs upon the integrity of Bedloe's Evidence and mine uses these words to the Jury though he then endeavoured to do what these Witnesses do now It is most plain the Plot is discovered and that by these men and that it is a Plot and a Villanous one which shews not only the fulness and satisfactoriness of our proof that we gave but does also take notice of the little shifts and catching tricks he made use of to prove himself out of Town which would not weigh with the Court Therefore I observe it is but the same Objection that then was made and is not a new one now And my Lord Chief Justice that then was speaking of that proof he brought which the Court heard with patience but could easily see through the vanity of it said What arts they have of evading this I know not for as they have turn'd their Learning into Subtelty so they have their Religion too All this is well remembred by those that were by and heard that Tryal And though Ireland laboured to disprove me in that circumstance of time yet still the Court did justifie the Evidence that Mr. Bedloe and my self had given And the same Chief Justice said I leave it to you to consider whether you have not as much Evidence from these two men as can be expected in a case of this nature and whether Mr. Oates be not rather justified by the Testimony offered against him than discredited This was after his Plea was debated and considered and I must further observe to your Lordship that though Mr. Ireland by his false Witnesses pressed this matter as far as he could then and urged the Court to believe it yet when the Jury brought in their Verdict and found him Guilty the Chief Justice expressed the satisfaction of the Court in these words You have done Gentlemen like very good Subjects and very good Christians that is to say like very good Protestants and now much good may their 30000 Masses do them This my Lord was the Case of Mr. Ireland at his Tryal and the same point of his being out of Town was again managed before a second Jury at the Tryal of the Five Jesuits but the Court saw the design of the Popish Party to blemish the Evidence given of the Plot but yet they lookt upon it only as a Trick And my Lord Chief Justice Seroggs in summing up the Evidence at that Tryal says They fall foul upon Mr. Oates meaning my self he appears to have been their Agent and whilst so bad enough But if he had not had a mind to have become a good man he would not have done us that good he has done in the discovery of the design they had engaged him in And if your Lordship please to remember that at that Tryal of the Five Jesuites when all arts were used to prove Ireland out of Town and me at St. Omers in the same Charge to the Jury my Lord Scroggs did take notice that the Jesuites were very exact at catching in a point of time but now says that is a thing that no man can precisely charge his memory withal and therefore he does there perswade the Jury that that should not be too strictly the measure of their Judgments about Truth and Falshood by the mistake of seven or eight days For said he to the Jury examine your selves how often every day you do mistake things that have been transacted half a year ago and err in point of time taking one week for another and one month for another and therefore you are not to lay too great a weight upon the point of time Now if too great weight my Lord be not to be laid upon a point of time then this Charge that is now brought against me is not of weight at all And besides my Lord this ought to be considered if this were the great Objection then and then answered it ceases to be an Objection now And as the Court did observe at the summing up of the Evidence that they made their defence about the uncertainty of a point of time which was no defence at all So that my Lord the whole course of my Plea is this 'T is a hard case for a man after six years to be indicted for a circumstance of time I will first offer the Testimony of one Witness that is dead and that is Mr. Bedloe who at his death confirmed all that he had sworn of the Popish Plot to be true and affirmed that he had rather spoken less than the Truth than more and for that I desire that my Lord Keeper may be called who took his dying Examination L. C. J. As for that Mr. Oates it is a thing very well known to the world and particularly to a worthy Gentleman that sits by you pointing to Mr. North that Mr. Bedloe when he was sick did make some such Protestation Oates Then my Lord I desire that Mr. Blayney may be sworn to give an account what Mr. Bedloe testified at Ireland's Tryal Then Mr. Blayney was Sworn Oates Mr. Blayney pray will you see in your Notes of Ireland's Tryal whether Mr. Bedloe did not swear that Mr. Ireland was in Town the latter end of August 78 or the beginning of September Mr. Blayney Where abouts in the Tryal is it Sir Oates It is in the Printed Tryal folio 41. Mr. Blayney My Lord I do finde these words in my Notes that Mr. Bedloe should say about the latter end of August or the beginning of September but I believe it was the latter end of August Mr. Ireland was at Harcourt's Chamber and being ask'd the question by my Lord Chief Justice Scroggs Whether he said it positively it was the latter end of August he said it was in August he would not be positive to a day but he thought the latter end L. C. J. 'T is very well known that too that Bedloe did swear Ireland was in Town the latter end of August or beginning of September and to confirm it upon Mr. Ireland's denial you swore he was in Town the 1st or 2d of September and gave you twenty shillings that was the occasion of your Oath Oates Then my Lord I desire to call some Witnesses to testifie to the Deposition that was taken of Mr. Jennison about Ireland's being then in Town L. C. J. When was that Deposition taken and before whom Oates It was taken in year 79 by Sir Edmund Warcup L. C. J. But we cannot admit that in Evidence unless the Kings
is not here Oates Pray call Mr. Robert Bowes Cryer He is not here Oates Pray call Mr. John Savill Cryer He is not here Oates My Lord I have served all these with Subpoena's and if they will not come I cannot help it L. C. J. Nor we neither Oates Mr. Jennison was used as a VVitness in the Tryal of Sir George Wakeman and so was Mr. Bowes and Mr. Burnet who was produc'd to prove the circumstance of Mr. Jennison's Evidence But my Lord since I cannot have the benefit of his Evidence nor of Sarah Paines I must only sum up all I have to say in two or three words My Lord besides that what I did deliver in Evidence at those Tryals I gave in upon Oath you have Mr. Bedloe's Evidence at the Tryal of Ireland testified by Mr. Blayney and the testimony of him as a dying man given into my now Lord Keeper wherein he averr'd That what he had spoken of the Plot was all true And you hear that he swore Mr. Ireland was here in Town in August and so did Sarah Paine too and I think upon my self as very hardly used to have such a part of my Testimony brought in question after Witnesses are dead or gone out of the way As for Mr. Jennison his Evidence was formerly made use of and his Evidence was approved of too as is well known to those that sate Judges upon the late Viscount Stafford But this is that my Lord I must needs say for my self That as I hope to see the day of Salvation in another world whatever I have sworn about Mr. Ireland's being here in Town betwixt the Eighth and Twelfth of August 78 and in the beginning of September is true as I shall answer it before God another day And my Lord as to the Evidence this day brought against me I desire you would but observe though that there are many of those Witnesses yet a great part of them do not come up to the Eighth or Twelfth of August and I hope your Lordship will remember and remark to the Jury what little Credit those of them had that came to testifie in the behalf of Mr. Ireland at his Tryal and at the Five Jesuits Tryals of which there are two Records before you and they do first justifie this That Ireland and the rest of them were Guilty of what they were accused of and then That these Witnesses did not testifie the Truth Besides these two Tryals my Lord you have a third Verdict and that is at the Tryal of Mr. Langhorn Now the whole Popish Plot almost was laid forth in those three Tryals and my Lord I believe verily I am the first Precedent in all England of any ones being Indicted for Perjury that was a Witness for the King in such a Case as this after six years time elapsed after Verdict upon Verdict and Judgment and Execution upon these Verdicts and when no new Objection is now offered but what was then started and no new circumstance occurs now but was as forcible then except it be the change of the Season And I desire it may be considered when all the Judges of England were Commissioners of Oyer and Terminer at those Tryals these matters were fully discussed and debated and then they did look upon all the Objections as fully answered and confuted My Lord I am confident if I had been a Witness in any other Cause than of a Conspiracy of the Papists I might have had fairer quarter than I have now And I do verily believe that at this rate it is more safe for Papists to be Traytors than for any Protestant to discover a Popish Plot. My Lord and Gentlemen of the Jury I beseech you to take my Case into your serious Consideration as to the hardship of it and since all my Witnesses are in places unknown or they are such as considering the Times dare not appear some of them being Lawyers and under fear they shall fare the worse in their Practise and others being persons that depend upon the Law and think they shall be lookt ill upon as I am now lookt upon with a hard eye by the Popish party and their Adherents Yet I hope you that are sworn to do Justice will not let me be ruined by a number of false Witnesses by the Evidence of Papists that are parties For if your Lordship please to consider that Vote of the Lords House which is a Court of Record wherein they do declare that they are fully satisfied by the proofs they have heard that there then was and for divers years 〈…〉 had been a Horrid and Treasonable Plot and Conspiracy contrived and carryed on by those of the Popish Religion for the murdering of his Majesties Sacred Person and for subverting the Protestant Religion and the Ancient and Established Government of this Kingdom which Vote of Parliament my Lord does make the Papists to be all Parties in this Case and where they are Parties I hope they shall not be admitted as Evidence or at least not be believed because there is a turn to be served by them against me and a revenge they are resolved to take upon me for they have hopes now of bringing in their Religion and are to welcome that in with my Ruine and this is the cause of this prosecution Their eyes do see now what their hearts so long desired that is the death of a Great man who died but lately and against whose Life they had conspired so often and so long My Lord if this had been the first Conspiracy that ever the Papists were guilty of there might have been some more scruple and objection in the case But if you cast your eyes upon Campian and others in Queen Elizabeths time of Garnet and the Powder-Jesuits in King James's time and the designs of the Popish party in the time of the late King Charles the first discovered to the Archbishop of Canterbury If these things do pass for Truth and there is no Averment against so many Records as we have of their Conspiracies then my Discovery is no such improbable a thing and I hope then the Gentlemen of the Jury will take it into their considerations who they are that are Witnesses in this case men whose very Religion is Rebellion and whose Principles and Practises are pernicious to the Government and thereby they are to be lookt upon as dangerous persons in Church and State But my Lord if the Letters of Coleman be well considered they will justifie me that he Corresponded with Le Cheese the French Kings Confessour for the promoting of Popery in England is notorious to all mankind that have either read or heard that Tryal Your Lordship was of Council for the King in that case and heard how it was opened and plainly proved upon him And when his Letters have been made so publick and proved under his own hand nay and confessed by himself I think no man will doubt but that must be a plain proof of the
the King there when men Lodged themselves within those Walls as a Protection for their Conspiracies we all remember the time when Indictments were preferr'd and a plain evidence given to a Grand Jury even to the Publick Satisfaction of all that heard it and yet they have refused to find the Bill And not only so but were so abetted by the Rabble that it was scarce safe for the Judges to sit upon the Bench. These are things none of us can forget but must be perpetually remembred to the shame of the Authors and Contrivers of them And therefore it is no wonder an Indictment was not preferr'd against Mr. Oats at that time when the plainest proof against Criminals could not be admitted And this will give every man satisfaction why it has been delayed And I hope at the same time give every man a Caution how they fall into the like Circumstances again But Gentlemen You have heard the Evidence that is now offered to prove this matter of Fact and it is a plain demonstration if you will believe that Mr. Ireland was seen by these men at all he was seen at those very times they have particularly declared For upon consideration of the Circumstances it is impossible it should be at any other times and so I leave it to you to judge upon the whole whether the Defendant be Perjured or no. Lord Ch. Just Gentlemen of the Jury this Case has taken up a great deal of time but it is a Case of that Moment and Consequence that sure no time ought to be thought too long that is employed for the discovering of the Truth so necessary to be discover'd as the matter now in question For as I said at the beginning upon this occasion and I cannot but say it again now I confess I cannot without Horror and Trembling Reflect upon the many mischiefs and inconveniencies we have been run into if the Testimony given this day in this Cause against Oats prove true as I cannot in the least imagine where there should remain the least objection against the Truth of it I cannot I say but bewail that so many innocent Persons to the Reproach of our Nation be it spoken have suffered death upon this account God deliver me from having the least stain of Innocent Blood imputed to me and it is more to be Lamented when we see that impudence which has brought that Infamy upon our Land continues with a Brazen-Face defying all shame to this day But by this we may be informed how some mens Consciences are seared and that there are some people that do indeed Live without the fear of God in the World For if that man who has assumed to himself the Habit and Character of one that should Preach to others Religion Vertue and the things that become true Christians shall become such a Monster of Impiety and Impudence in defiance of Heaven and Earth What greater and more manifest proof can there be of a seared Conscience I cannot but lament likewise the wickedness of our Age when I reflect upon the Testimony of that other Wretch indeed I cannot use terms severe enough for him that when he was going into another World should Presist in such gross Falsities I mean Bedloe Infamous Bealoe and let his name be for ever Infamous to all Mankind that have any regard or deferance for the Truth that he should with his latest Breath dare to affirm That every Word he had said of the Popish Plot was true when it is as clear as the Sun by the Testimony of this day that every word he swore about Ireland was utterly false Good God of Heaven What an Age have we liv'd in to see Innocence suffer Punishment and Impudent falsity Reign so long Gentlemen I hope all Eyes are opened I wish they had been so long since let us lay the Burden the Infamy and Reproach of these things upon them that deserve it for we cannot but know we are reckoned as a by-word to all our Neighbours and shall remain Monuments of Ignominy to all succeeding Ages and Times if we did not endeavour to discharge our selves and our Religion and the Justice of our Nation from these Scandals Gentlemen I think I am obliged in the First place to take notice of what Mr. Soliciter General has mentioned concerning the Insolency of those times wherein the Faction was grown to that extravagant Height that in truth a man durst not appear with safety of his own Life and Fortune to Testify the Truth And Is it not a shame that it should be remembred what one of the Witnesses this day Testified That when he came to appear at the Council-Table to Attest a Matter of Fact before this Innocent Blood was spilt for so I must call it if that which has been Sworn this day is true the Rabble should be so boisterous as to cry out Where is that Villain that dares come to give Evidence against Oats the Saviour of the Nation Oh horrid Blasphemy that no less an Epethite should be given to such a Profligate Wretch as Oats than that which is only proper to our Blessed LORD As though Oats had merited more than all mankind and so indeed he has if we take it in a true Sense He has deserved much more Punishment than the Laws of this Land can inflict And I must needs say Gentlemen That this is an Instance why there seems not to have been Punishment enough ordain'd in Law for Perjury because our Law-makers did not foresee that there could ever be such Villains such Miscreants as these We have indeed another Instance in the Law of a Crime for which there is no adequate Punishment and that is in the Case where a Child kills his Father Paricide has no peculiar Judgment assigned for it but we are forc't because these things have been sometimes practised by a Construction in Law to make that Child as a Servant to his Father and so Punish him with the Judgment of Petty-Treason but take him immediately as he is a Child and not as a Servant and I say there is no particular Provision in Law to Punish such an Offence And What is the Reason of it Because it is so unnatural and against the Imaginations of Man-kind to believe there ever could be such a wicked Child in the World If that be not to be Imagin'd How could it be Imagin'd that there should ever be such horrid Villains as should attempt the Destruction of the Government of Three Kingdoms Good Lord What Times do we live in Surely 't is such an Age as was never known from the Creation of the World to this day And to this must be added what aggravates the Mischief That all this is done under the Umbrage Countenance and Pretence of Law the Proceedings of Law the usual Methods of Justice are made the Instruments of the most horrid Injustice The Murder of our late Blessed Sovereign King CHARLES the Martyr of ever happy Memory though a
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
hardned in Villainy as he appears to be But I think it not amiss for me to say something upon this occasion for the satisfaction of some that hear me and for an Example for the future The Crime whereof this Man stands Convicted is certainly a very heinous one attended with such dismal Consequences that ensued upon it that I think no Man can have a true Christian Spirit in him but he must begin to melt with the Consideration of the great Mischiefs his Perjury has brought upon himself and us It has brought the Guilt of Innocent Blood upon many to be sure it hath on his own head and I pray God deliver all Men from having any hand in Innocent Blood And as the Crime is great so it is to be known that a proportionable punishment of that Crime can scarce by our Law as now it stands be inflicted upon him But that you may see we have considered how to punish it as such a Crime does deserve We have consulted with all the Judges of England that if the Law would allow it he might have such a Judgment for this heinous Offence as might be proper to terrifie all others from Committing the like again For Punishment is not intended only for the sake of the Offender to reward him according to his deserts but it has a prospect also of example and terrour to all others that they should take Care how they offend in any such manner and that is as considerable a part of the end of the Law as any other Gentlemen It is known that by the Old Laws of England Perjury was Punished with death it grew a little more moderate afterwards not to make the Crime the less but because of the danger there might be of malice in some revengeful Persons by endeavouring by Perjury to Convict others of Perjury But the next step was cutting out of the Tongue to shew that the Law in all Ages had an abhorrency of false Oaths and Punished that impious Crime of Perjury with the most terrible Punishments Since that time Our Ancestors have yet been more Moderate and have not extended the Judgment to Life and Member but by the Unanimous Opinion of all the Judges of England whom we purposely consulted with upon this Occasion It is conceived That by the Law Crimes of this Nature are left to be Punished according to the discretion of this Court so far as that the Judgment extend not to Life or Member And I tell you this Gentlemen the rather because I observe our Law-Books are more silent herein in regard the Judgments for these Offences are not so solemnly and particularly entered up as they are in Cases Capital But they are left more discretionary Because that Crimes of this Nature may be attended with particular Circumstances either to aggravate or lessen the Punishment And therefore the Punishment might be distributed accordingly And for that reason Gemlemen It is well known to us all that that was the occasion of taking away the Court of Star Chamber as the Preamble of the Act for taking it away does manifest That inasmuch as the Authority for the Correction of all Offences whatsoever was by the Common Law of this Land Originally fixed in the Court of Kings-Bench and the Proceeding by information in the Star-Chamber when it might be by Process in this Court was lookt upon as a double way of Vexation Therefore that Court is abolished and the Authority of the Kings-Bench Court left entire And it is notoriously known how Punishments of all sorts and kinds were inflicted by the Court of Star-Chamber for Perjury and such like Offences while that Court was up and since that time in Fox's Case and others that you have heard of it has been according to the discretion of this Court Punished as severely as this Court thought fit so as the Sentence did not extend to Life or Member Now I thought it proper for me not only for the sake of the Case now before us but also for your Learning sake to tell you This was the Resolution of all the Judges of England upon Consideration of the Precedents and of all the Rules of Law which have been fully debated and considered of And this I declare is their unanimous Opinion If then this be so and it is left to the discretion of the Court. to inflict such Punishment as they think fit far be it from this Court at any time as on the one side to inflict Punishment heavier than the Crimes deserve no we would rather use Commiseration than extraordinary and exorbitant Severity so on the other side to let go Crimes so notorious and hainous as these without the severest mark that can by Law be put upon them When a Person shall be Convicted of such a foul and malicious Perjury as the Defendant here is I think it is impossible for this Court as the Law now stands to put a Punishment upon him any way proportionable to the Offence that has drawn after it so many horrid and dreadful Consequences We do therefore think fit to inflict an exemplary Punishment upon this villainous Perjur'd wretch to Terrify others for the future which is not my part to pronounce But what it is my Brother will tell you Mr. Att. Gen. My Lord You will be pleased to remember there are two Judgments Lord Ch. Just There are so we know it very well Mr. Attorney Mr. Att. Gen. That which was Tryed first was about the Confult on the Twenty-fourth of April we desire that some particular mark may be set upon that day Then the Judges Consulted a little together and Mr. Justice Withins pronounced the Sentence thus Mr. Just Withins Titus Oats You are Convicted upon Two Indictments for Perjury I say for Perjury I must repeat the word twice because you are doubly Convicted One of the greatest Offences that our Law has cognizance of 't is so in its own Nature But your Perjury has all the Aggravations that can be thought of to heighten it If a Man kills another with his Sword and there be fore-thought Malice in the Case he is to be hang'd for it But when a Man shall draw Innocent Blood upon himself by a malicious premeditated false Oath there is not only Blood in the Case but likewise Perjury corrupt malicious Perjury I know not how I can say but That the Law is defective that such a one is not to be hang'd For if we consider those dreadful Effects which have follow'd upon your Perjury we must conclude our Law defective they are vuch as no Christian 's Heart can think of without Bleeding for that Innocent Blood which was shed by your Oath and every knowing Man believes and every honest Man grieves for God be thanked our Eyes are now opened and indeed we must have been incurably blind if they had not been opened first by the Contradictions Improbabilities and Impossbilities in your own Testimony but likewise by the positive plain direct and full