Jones Was he at Tixhall the 12th of August Lord Ch. Just He sayes he was there till Tuesday the 13th Pray let us not have the same questions repeated over and over against Mr. Sol. Gen. Where did you go on Tuesday night Sir Edward Southcoat We went to Nantwich and lay at the Holy-Lamb there Lord Ch. Just Where were you the next night Sir Edward Southcoat The next day we reached to St. Winifreds Well Lord Ch. Just Where did you lie there Sir Edward Southcoat At the Star which is the great Inn there Lord Ch. Just It is so Mr. Att. Gen. Was Mr. Ireland there with you Sir Edward Southcoat Yes he was Mr. Att. Gen. Whether did ye go then Sir Edward Southcoat We staid not but one day at Holy-Well for we arrived there pretty late at Night and all the Morning we spent there and went away in the Afternoon and came that Evening to Chester and lay there only one night and came the next day to Tixhall again Mr. Att. Gen. Which was Fryday the 16th of August Mr. Sol. Gen. Pray my Lord be pleased to ask him Whether this Gentleman Mr. Ireland was with them all the while in this Journey to Holy-Well Sir Edward Southcoat Every day particularly I Remember it very perfectly Mr. Att. Gen. After he came to Tixhall again How long did he tarry there Sir Edward Southcoat That I cannot so well say I do not remember truly but he was afterwards at my Lord Astons at Tixhall I remember some scambling daies but I can six upon only two Lord Ch. Just Which are they Sir Edward Southcoat I cannot tell what day of the month it was or what day of the Week but one day that I remember him there was Mr. Chetwin's Race with Sir Henry Gough and one other day Lord Ch. Just. When was that Horse-Race Sir Edward Southcoat My Lord I cannot tell what day of the Month it was Mr. Att. Gen. When was the other time you speak of Sir Edward Southcoat I remember him there one Thursday up 〈…〉 the Bowling-green at Tixhall where there was a particular Company Mr. Sol. Gen. My Lord We desire to know when his Brother did buy the Horse of Mr. Ireland Sir Edward Southcoat When we came back for he came home with us from my Lord Astons and we began our Journey the 9th or 10th of September from Tixhall to Kingston and when we arriv'd at my Fathers House my Brother bought the Horse of him Lord Ch. Just Did you come home back again with Mr. Ireland do you say Sir Edw. Southcoat Yes my Lord we did Lord Ch. Just When did you set out from Tixhall Sir Edw. Southcoat The Ninth of September my Lord I think it was I am sure it was upon a Monday the Ninth or Tenth Lord Ch. Just When did you come home Sir Edw. Southcoat We were Four Days on our Journey Lord Ch. Just And did you come straight to London Sir Edw. Southcoat No we went to my Father's House in Surry Lord Ch. Just Which way did you come Sir Edw. Southcoat The First Night we came to the Bull in Coventry and from thence the next Night we went to the Altar-Stone at Banbury and from Banbury we came the Third Day to Agmondishman I think it is called a little Town in Buckinghamshire And from thence the Fourth Day to my Father's House by Kingston in Surry Mr. Att. Gen. And then Ireland sold his Brother his Horse Lord Ch. Just How long was he at your Father's House in Surry Sir Edward Sir Edw. Southcoat My Lord we came on the Thursday and as I take it he went on the Saturday to London My Brother after he had bought his Horse lent him the Horse to Town and sent a Man with him to bring it back again Mr. Att. Gen. That Saturday my Lord makes it come just to the Fourteenth of September and is the very Day Fortnight before Michaelmas-Day Oats My Lord I desire to ask this Gentleman Whether he saw Ireland all August and till the Fourteenth of September in Staffordshire and elsewhere and How long in Staffordshire Sir Edw. Southcoat I cannot say as to any particular Days of the Months after our Coming from Holy-Well till our Coming from Tixhall to London Lord Ch. Just Marry if he did he would contradict what he had said before For from the time of Coming from Holy-Well to the time of Coming back to London he could tell but of Two Days and those uncertain For he remembers not by the Times but by other particular Circumstances Oats Pray my Lord be pleased to ask him this Question When was the First Day he saw him in September Sir Edw. Southcoat Truly my Lord I remember not any Day before we began our Journey home Mr. Att. Gen. But my Lord this is his Testimony He was in his Company till the Sixteenth of August It is true there were other times that he saw him at Tixhall but he cannot particularly speak unto them But by and by we shall go on to every Day and prove particularly where he was Oats My Lord I desire to know Was Sir Edward Southcoat at the Tryal of Ireland a Witness or no Sir Edw. Southcoat No I was not my Lord. Oats Were you at Whitebread's Tryal Sir Sir Edw. Southcoat Yes I was and gave the same Evidence I give now Mr. Sol. Gen. Then swear Mr. John Southcoat Which was done Mr. Att. Gen. This is Sir Edward Southcoat's Brother my Lord. Lord Ch. Just What he that bought the Horse Mr. John Southcoat Yes my Lord I bought the Horse of Mr. Ireland Lord Ch. Just Well what do you ask him Mr. Att. Gen. Pray Sir When did you meet Mr. Ireland in August 1678 And where Mr. John Southcoat My Lord I met with Mr. Ireland upon Monday the Fifth of August at the Bull-inn in St. Albans with my Lord Aston I came thither that Day with my Father 〈◊〉 Mother And the next Day we went to Northampton and there we Inn'd at the Sign of the George Sir William Farmer 's House which is an House in the Road us'd for an Inn since the Town was burnt And I convers'd with him every Day in our Journey And from thence the next Day we went to Coventry to the Bull-Inn there and from thence to my Lord Astons on Thursday-Night at Tixhall There we stay'd all Fryday Saturday Sunday and Monday Mr. Ireland was there I was with him all the while And then upon Tuesday we set out for Holy-Well in Flintshire and went that Night to Nantwich to the Lamb there And the next Day we went through Chester to Holy-Well We stay'd that Night at Holy-Well and the next Day came back again towards Noon to Chester and there lay that Night And then the next Night which was Fryday we came back again to Tixhall Lord Ch. Just Was Mr. Ireland with you both those Journeys all the while Mr. John Southcoat Yes my Lord he was I did see him and
the 17th of August and I did see him there the 18th and I did see him there the 19th and I did see him there the 20th and I saw him there upon the 22th 23th 24th and 25th and that was the last time I saw him there L. C. Justice At Mr. Harwells was it that you saw him Mrs. Winford Sometimes at Mrs. Harwells and sometimes at my Fathers House who lived in that Town Oates My Lord I desire to know how she comes to remember those dayes so particularly Mrs. Winford I remember them because St. Bartholomews Day was the 24th of August and that was the Saturday after he came to Town and the first day I saw him was the Sunday before and so I reckon it to be on those dayes I saw him L. C. Justice Have you any other Questions to ask her Mr. Oates Oates No my Lord I have not She was a Witness before at Whitebread's Tryal and was not believed there L. C. Justice We 'll make your Remarques by and by and let them now go on with their Evidence Mr. Soll. Gen. Then swear Mr. William Stanley which was done Mr. Att. Gen. Pray did you see Mr. Ireland at Wolver Hampton and when Mr. Stanley Upon the 18th of August 78. It was Sunday I saw Mr. Ireland in Wolver Hampton in the Morning and in the Afternoon he was in my own House Upon Munday the 19th I saw him twice that Day at my own House I positively speak that and I verily believe I did see him on Tuesday the 20th and Wednesday the 21th but Thursday and Friday I cannot say I did see him those two daies For he went upon one of them to Litchfield But upon Saturday and Sunday I am sure I saw him and two or three times some dayes Oates Pray Mr. Stanley did you know him before Mr. Stanley No I did not Sir Oates Was you at his Tryal Mr. Stanley No I was not Oates Were you at the five Jesuits Tryal Mr. Stanley No I was not in London since till the last Term. Oates What Religion are you of Sir Mr. Stanley What Religion are you of Mr. Oates L. C. Justice Nay do not ask Questions but answer the Questions he asks Mr. Stanley I am a Roman Catholick Mr. Att. Gen. Mr. Stanley Pray can you Recollect any Circumstance how you came to remember that it was such and such Days that you saw him Mr. Stanley Yes my Lord I can L. C. Justice What are they tell them us Mr. Stanley I buried a Child that Morning being Sunday the 18th of August and he came to my House in the Afternoon and I entertained him with those things that I had provided for to entertain my Friends at the Funeral On Munday was a Wake and the young People went all to the Wake and left Madam Harwell alone and so she came with him to my House and I entertained him with the lame kind of entertainment that I did the day before L. C. Justice That is a remarkable Circumstance indeed Mr. Att. Gen. Swear Mrs. Dorothy Purcell which was done What say you Mrs. Purcell when did you see Mr. Ireland at Wolverhampton Mrs. Purcell I saw him the 18th 19th 20th 21th 22th and 23th days of August 1678. Mr. Att. Gen. Where did you see him Mrs. Purcell At a Friend's House in Wolverhampton L. C. Justice How come you to remember those days of the Month Mrs. Purcell I remember them by particular Circumstances L. C. Justice What are those particular Circumstances Let us hear them How come you to name those very days the 18th 19th and so on Mrs. Purcell I can remember it as well as any thing in the World Oates I desire my Lord that she may tell how she does remember it Mrs. Purcell That 's enough and as much as need to be said I remember very well Oates But I desire to know how you come to Remember it Mrs. Purcell I remember it I tell you very well And I do affirm I saw him 〈◊〉 Oates But you do not tell what Circumstances you remembed in by Mrs. Purcell No there is no need of it I am sure I saw him there then Mr. Att. Gen. Tell him some Circumstances Mrs. Purcell Those were the days before Bartholomew Eve Oates My Lord Is this any thing of Evidence L. C. Justice The Jury hears it and they will Consider of it Oates What Religion are you of Mrs. Mrs. Purcel Must I tell what Religion I am of L. C. Justice Yes answer his Question Oates I dare say she is a Papist she need not trouble her Head to answer it Mr. Att. Gen. Swear Mr. Scot which was done Were you at Wolverhampton when Mr. Ireland was there Mr Scott Yes I was Mr. Att. Gen. Did you do any Service for him there Scott I look'd to his Horse Mr. Att. Gen. When did he come thither do you remember Scott I cannot tell just the time that he came in Mr. Att. Gen. What day of the Week was it that he came thither Scott It was of a Saturday Mr. Att. Gen. What Month was it Scott I cannot tell very well what Month it was It was in August I think Mr. Att. Gen. How long did he continue there Scott The space of a fortnight off and on Oates Is that Evidence my Lord that he has delivered L. C. Justice It is but very small Evidence It is only Circumstantial to confirm the other Testimony Mr. Att. Gen. How long was it before Ireland was tryed and executed can you tell that Scott No I know nothing of it Mr. Att. Gen. Then swear Mr. John Stamford which was done Mr. Soll. Gen. Did you see Mr. Ireland at VVolverhampton and when was it I pray you Mr. Stamford My Lord in the year 1675 I was sent beyond Sea to St. Omers to fetch over two young Gentlemen that were Students there And there I became acquainted with Mr. Ireland who was then Procurator of the Jesuits at St. Omers And in August 78. I did see him in VVolverhampton upon the Sunday after the Assumption of our Lady which was the 15th of August he came to see me and I saw him there that Day L. C. Justice What day of the month is the Assumption of our Lady Mr. Stamford That is alwayes the 15th of August my Lord. Mr. Att. Gen. How often did you see him there Mr. Stamford I saw him Sunday and Munday and till that seven Night I saw him every day in that Week but one when he went to Litchfield Oates My Lord I desire to know how he comes to remember that it was at that time L. C. Justice He tells you a Reason for it because it fell out to be upon the Sunday after the Assumption of our Lady which is alwayes the 15th of August Oates My Lord he sayes he came acquainted with Mr. Ireland at St. Omers L. C. Justice Yes he says that was in the year 1675. Oates I desire to know my Lord what Business he had there
saw him not again tell a fortnight before Michaelmas And that he did go out of Town upon the Third of August is further prov'd by my Lord Aston who noted it down in his Book at that time that Ireland came to his House at Standen in Hartfordshire so that here is as strong an Evidence as can be that he did go on the Third of August and that they remember it to have so been by all the Circumstances that can be imagin'd Well the Third of August he went out of Town The Fourth of August we give an account where he was He stayed that day with my Lord Aston at Standen The Fifth of August he set out with my Lord Aston's Company and went to St. Albans The Sixth he went to Northampton The Seventh to Coventry The Eighth to Tixhall and the Company that went with him proves it which was Sir Edward Southcoat and Mr. John Southcoat and Harrison and Hobson who saw him go in the Company and Mr. North who saies he saw him every day and Ingletrap the Coachman that drove the Coach all these remembers it positively and some of them speak of a remarkable pretty Horse which he rid upon Now when he comes from Tixhall for we have brought him hither by manifest proof by men that could not forget by men that saw him in the Company There he remained as they all testifie till the Thirteenth of August and that was the Tuesday after his Arrival at Tixhall and from thence he went that day a Journey into Flintshire to Holy-Well and that is proved by the Witnesses that were in his Company in that Journey They tell you the Thirteenth he lay at Nantwich The Fourteenth at Holy-Well The Fifteenth at Chester And the Sixteenth he came back again to Tixhall And so here you have abundance of Witnesses that give you a particular account where he was in what Company they say him from the Third of August to the Sixteenth If he were then in this Company from the Third to the Sixteenth he could not be in his Chamber in Russel-Stâ—…t between the Eighth and the Twelfth Then we came to the Seventeenth and then we find him to be at Wolverhampton where he continued to the Twenty-sixth and that it must be between the Seventeenth and the Twenty-sixth is plain For after that time which Mrs. Harwell speaks of the other Witnesses gives such Circumstances that it cannot be otherwise You find him on the Twenty-seventh at a Horse-Race which is a remarkable Circumstance And these are things that men do very well remember what dayes of the month they happen upon We then give you an account of the Twenty-nineth that at Tixhall he was seen in Company upon the Bowling-Green with Persons of Quality Sir Thomas Whitegrave and others So we give you an account where he Lodged The Twenty-eighth he was at Bellamore the Twenty-nineth he went to Mr. Hereninghams there he Lodged till the First of September and this is remembred by particular Circumstances that he went a Fishing and a Setting and a Hunting Then the next day which is the First of September and the next day after the Second of September they saw him at Mr. Gerrards he din'd upon the Second at Mrs. Cromptons and lay at Boscobel there he continued the Third and the Fourth he came to Wolverhampton again So that this shewes that what Mrs. Harwell did speak of was true for if Mrs. Harwell did see him as 't is not at all doubted but she did It must be in that interval of time between the Sixteenth and the Twenty-seventh where we give you an account of him by other undeniable Circumstances that he Lodged at other places and could not Lodge at her House in Wolverhampton Besides Gentlemen the particular Circumstances that they do remember him by proves it to be on those Days Mrs. Harwell gives her positive Oath That he did come there the Seventeenth and lay there every Night to the Twenty sixth which was on the Monday Seven-night after and that he came again the Fourth of September after and lay there till the Seventh Then there is Rushton another Witness that saw him at her House the Eighteenth Nineteenth Twentieth Twenty first Twenty second and Twenty fifth And I say 〈◊〉 must be those Days because we have given an Account by other Witnesses of all the other Days And it must be that very Time that Oats speaks of For it was the Summer before Ireland was Apprehended and Executed for the Plot which was Michaelmas 1678. Mrs. Winford she remembers him at Wolverhampton the Eighteenth Ninteenth Twenty second and Twenty fourth Stanley remembers the Eighteenth and Ninteenth And if you ask him How he remembers it He tells you by a Circumstance that most Men would remember He buried his Child that Day and entertain'd Ireland with the Provision for the Funeral Now Men usually remark such Accidents as these for that is a thing a Man cannot forget that has any Concern in the World for those that are so nearly related to him And therefore such Circumstances must of necessity evince the Truth of what he speaks because it is brought to his Mind by an Accident that cannot be forgotten Mrs. Purcel which is the next Witness And she remembers to have seen him the Eighteenth Ninteenth Twentieth Twenty first Twenty second and Twenty third for she remembers the last of them was the Day before Bartholomew-Day which was a remarkable Day Then there is another Man that look't to his Horse whil'st he was there but his Memory will not serve him to speak to any particular Time He only evidences that he was there and the other Witnesses speak to the Time Mr. Stamford he remembers it to be at that Time because he saw him on the Sunday after the Assumption of our Lady which is always the Fifteenth of August And the like says Mrs. Gifford These Circumstances verifies her Testimony And Mr. Gifford remembers he came on the Seventeenth Day And he saw him every Day till the Twenty sixth Day And Mrs. Fowler who is Mrs. Harwell's Daughter She remembers he came the Seventeenth Day and she was in his Company every Day till the Twenty sixth except one Day when he went to Litchfield that was the Day before Bartholomew-Day which was Fryday Mrs. Keeling she swears That upon the Seventeenth Day he came there which was Saturday She saw him on the Sunday and on the Monday and went on the Monday in the Afternoon to the Funeral of her Mother Which is another Circumstance that she must needs remember and by that has the Remembrance of the Day of the Month when he was there And she return'd back again on Thursday and heard him that Day but did not see him But she saw him every Day after till he went away And she remembers his going away was upon the Twenty seventh And she remembers likewise that he return'd the Fourth of September after Mr. Richardson he proves That he saw him
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.
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
L. C. Justice He tells you he went to fetch over two young men that were Students there Oates Pray my Lord I desire to know what Religion he is of L. C. Justice What Religion are you of Mr. Stamford I am a Roman Catholick Oates I desire to know what his Profession Mr. Stamford I am a younger Brother of a good and loyal Family as any of the County of Stafford and that suffered as much as any for the late King Oates I believe if it were looked into he is somewhat else besides a younger Brother Mr. Att. Gen. Yes he says he is of a Loyal Family L. C. Justice I am sure there is such a Family in that County that were great sufferers for King Charles the First and the late King and were very instrumental in Services for the late King at his escape from Worcester But whether he be of that Family or no I cannot tell Mr. Stamford The Doctor thinks I am a Jesuite but I 'll assure him I have Wife and Children Mr. Att. Gen. Mr. Oates was about to have made him a Priest but it seems he hath a Wife and Children and so it is out of danger Mr. Soll. Gen. Pray swear Mrs. Katherine Fowler which was done Mr. Att. Gen. Did you see Mr. Ireland Mrs. Fowler at Wolverhampton in 1678 Mrs. Fowler Yes I did Mr. Att. Gen. When was it Mrs. Fowler I did see him on Saturday the 17th of August at Wolverhampton he came that day to my Mothers House where I was Mr. Att. Gen. How long did he stay there Mrs. Fowler Till the 27th which was Munday was Sevennight after I was in his Company every day in that time unless it were Friday which day they say he went to Litchfield to the Fair. L. C. Justice Is Mrs. Harwell your Mother Mrs. Fowler Yes my Lord she is and I lived at that time with my Mother L. C. Justice How do you remember this have you any Tokens that you can give us why you remember it was then Mrs. Fowler My Lord I recollected my self after Mr. Ireland's Tryal in which Mr. Oates Swore that he was hear in Town between the 8th and 12th of August that that was the very Month that Mr. Ireland was in Wolverhampton and thereupon I concluded that Mr. Oates had not Sworn true by that Recollection when it was fresh in my memory being within half a year after Oates Madam are you Mrs. Harwells Daughter Mrs. Fowler Yes I am so Sir Oates Did you not know one Mr Jennison Mrs. Fowler Which Jennison Oates Mr. Robert Jennison Mrs. Fowler Yes I do know him Oates Are you not a kin to him Mr. Fowler Yes but I am sorry to own I have such a Relation Mr. Att. Gen. Swear Mr. Gifford Which was done Mr. Soll. Gen. Did you see Mr. Ireland in Stafford-shire and when I pray you Mr. Gifford I saw him there at Wolverhampton the 17th of August 1678 and he continued there till the 26th I saw him there every day Oates Pray my Lord be pleased to ask this Gentleman whether he were at the Tryal of Ireland Mr. Gifford No I was not in Court nor examined as a Witness Oates Were you at the Tryal of the five Jesuites Sir Mr. Gifford I was there but was not examined L. C. Justice Was it every day say you that you saw him at Wolverhampton Mr. Gifford Every day L. C. Justice They say he was one day out of Town at Litchfield Mr. Gifford He was out of Town that day but I saw him Mr. Att. Gen. Swear Mrs. Elizabeth Gifford which was done Mr. Soll. Gen. You hear the Question did you see Mr. Ireland in Stafford-shire in 78. and when Mrs. E. Gifford Mr. Ireland came to Wolverhampton the 17th of August and continued there till the 26th Mr. Att. Gen. How do you remember it Mrs. Gifford By a Wake that was just hard by that was at that time and he came to my Uncles House upon the Sunday following the Assumption of our Lady Mr. Att. Gen. Did you see him every day till the 26th Mrs. Gifford I remember I did see him every day but two days that I was abroad at the Wake Oates My Lord I desire to know whether She was examined at any of the former Tryals Mrs. Gifford Yes at the five Jesuites Tryal I was Oates Were you not at Ireland's Tryal Mrs. Gifford No I was not Oates There was one Gifford examined there Mr. Att. Gen. Swear Mrs. Elizabeth Keeling which was done Mr. Soll. Gen. Did you see Mr. Ireland at Wolverhampton and when Keeling Yes my Lord I did see Mr. Ireland at Wolverhampton Mr. Soll. Gen. Pray tell when it was Keeling It was the 17th of August he came to my Mistresses House Mr. Soll. Gen. What August Keeling August before the Plot. L. C. Justice Who was your Mistress Keeling Mrs. Harewell my Lord. Mr. Soll. Gen. How long did he continue there Keeling He came on the Saturday and I saw him there till the Monday When I was sent for to my Mothers Burying I left him and Madam Dormer at Dinner and came back on the Thursday And in his Chamber I heard him discourse but I did not see him Upon the Friday he went abroad and returned again that Night Upon the Saturday I faw him and he continued there till Monday Morning and then he went away and returned on Wednesday the 4th of September and stayed till Saturday the 7th and then went away from VVolverhampton Oates I desire to know what Religion this Woman is of Keeling I am a Roman Catholick God be thanked Mr. Att. Gen. Mrs. Keeling When did Mr. Ireland return again do you say after he went first to Wolverhampton Keeling It was the Wednesday seven night after Sir Mr. Att. Gen. That was the 4th of September L. C. Justice How long stayed he there then Keeling Till Saturday in the Forenoon Mr. Att. Gen. Whither did he say he was going then Keeling He said he went to Bellamour to Dinner L. C. Justice Did you see him at any time after Keeling No my Lord I saw him no more Mr. Att. Gen. Then swear Mr. Richardson which was done Mr. Soll. Gen. Pray Sir will you give an Account when you saw Mr. Ireland and where in the year 78. Mr. Richardson My Lord I saw a Gentleman that I was informed was Mr. Ireland at Wolverhampton at a Wake which was Monday the 19th of August Mr. Att. Gen. Where did he lodg Mr. Richardson At Mrs. Harwells Mr. Att. Gen. What are you a Tradesman Mr. Richardson Yes an Apothecary in Wolverhampton L. C. Justice How many days did you see him at Wolverhampton Mr. Richardson I saw him onely one day in the Market-place L. C. Justice You did not know Mr. Ireland before Mr. Richardson But I was inform'd that was he L. C. Justice What became of that Ireland that you were informed was at Wolverhampton then Mr. Richardson I heard presently after that upon Mr. Oates's Plot he
home with Mr. Heveningham to Aston and I saw him on Friday he was with us there and went a fishing and we catch'd a great Pike of yard long which was not ordinary with us Upon the 31th which was Saturday my Master went to kill a Buck in the Park and Mr. Ireland went along with him and they went to a little Village hard by and there I parted with him and did see him no more that day Mr. Gerrard of Hildersham was to meet my Master a hunting but he was sick and did not Then upon Sunday the first of September I was sent to see Mr. Gerrard of Hildersham and there I saw Mr. Ireland L. Ch. Just Who was your Master pray you Mr. Drayton This Lord Gerrard of Bromeleys Father Mr. Att. Gen. He was accused by Dugdale of the Plot and dyed afterwards in Newgate Oates Pray ask Mr. Drayton what Religion he is of Mr. Drayton I am a Roman Catholick Mr. Att. Gen. Swear Sir James Simmons which was done Mr. Soll. Gen. When did you see Mr. Ireland Sir James Sir J. Simmons Upon the Tuesday the 27th of August 78. I remember very well I saw Mr. Ireland at the Horse-race at Etching-hill between Sir Henry Gough and Mr. Chetwin and I remember particularly that Sir Henry Gough's Horse distanc'd him I did not see him before he came to the Inn but there we met and drank together And Thursday the 29th of August being at Tixhall Bowling-green Mr. Ireland was there and came home with my Father Heveningham and me and some Gentlemen in the Country and came to Aston and stay'd there that Night I remember the next day was Pancrass Fair and I went to the Fair and did not come home Mr. Att. Gen. What day of the Month is that Fair usually kept Sir J. Simmons It is an unconstant time now and then in September now and then in August and that year we had a Subscription to get it regulated to a certain day L. Ch. Just Did you see him after Sir J. Simmons My Lord I cannot swear to the Saturday because I cannot so well tell whether I came back from the Fair on Friday Night I think I did not Mr. Att. Gen. Swear Mr. Green which was done Mr. Soll. Gen. Did you know Mr. Ireland Mr. Green Yes my Lord I did Mr. Soll. Gen. When did you see him in 78 Mr. Green The first time was Etching-hill Race the 27th of August Mr. Soll. Gen. What other dayes do you remember Mr. Green Thursday the 29th I saw him I belong to Sir James Simmons and Mr. Ireland came home with him and some other Gentlemen to Mr. Heveningham's at Aston and was a setting with him on Friday the 30th in the Afternoon And Saturday the 31th he was a hunting with Mr. Gerrard Nay more then that I saw him drawn on the Sledg but not executed And that was the same man that was there at that time Oates What Religion is this Gentleman of Mr. Green I was ever a Roman Catholick L. Ch. Just Pray were they a fishing that Day Mr. Green In the Morning he was and they got a great Pike I saw the Pike and did eat part of it Mr. Att. Gen. Swear Mr. Fallas which was done Mr. Soll. Gen. When did you see Mr. Ireland Sir Fallas Upon the Thursday after Sir Henry Gough's race which was Thursday the 29th of August Mr. Ireland came to Mr. Heveninghams and I look'd to his Horse there Upon Friday Morning they went a fishing and got a great Pike and I did see them go out a setting after Dinner he and Mr. Green with my Lady and the Keeper and I saw him come in again And I saw him drink a Glass of Table Beer in the Hall Upon Saturday Morning which was the 31th of August they went a hunting in Mr. Gerrards Park and kill'd a Buck and afterwards my Master asked him to go home with him again but he would not For he said he must go to Mr. Lowes at four and we parted at three And I came here and saw him executed but while he was at my Masters House his Horse was never out of the Stable but I brought it to him Mr. Att. Gen. When did you see him executed Fallas It was the 24th of January afterwards I think Oates What Religion are you of Fallas I am for the Church of England a Protestant I alwayes was so Oates Pray my Lord ask him when he was acquainted with Mr. Ireland Fallas The first time was the 29th of August when he came to my Masters House Oates That does not come to my time my Lord. Mr. Att. Gen. But it comes very close to it it reaches to the 31th of August L. C. J. It is within a day of you upon my word Mr. Soll. Gen. And I 'll tell your Lordship what is yet more considerable this place is an hundred and twenty miles from London but we shall not leave him there Oates I desire to know whose Servant he is Fallas I am a Servant to Mr. Heveningham and I serve the King I come to testifie the Truth I was here before but then we must not be heard all the cry was against us that we were Rogues and must be knockt on the head L. C. J. Were you here at any of the Tryals Fallas I was at the Council-Table and there I was in great danger of being knockt on the head Oates Would they have knockt him on the head at the Council-Table does he say Fallas I have been in the Room by the Council-Table where they have cryed Knock them down hang them Rogues do they come to be Witnesses against the Saviour of the World And they came about me there and asked me if I knew any of them or was of their company And I was glad to say I came thither about a Suit of Law I had with a Brother of mine and then they pitied me Mr. Soll. Gen. Now we have brought him my Lord every night where he lodged from the 3d of August to the 31th Mr. Att. Gen. And then we shall prove that he went to Mr. Gerrards at Hildersome that they speak of there he was the 31th and 32th L. C. J. How Mr. Attorney the 32th I doubt you will hardly be able to tell us where he was that Mr. Att. Gen. The First of September I mean my Lord. L. C. J. Aye we understand you very well Mr. Att. Gen. Swear Mr. John Proctor Which was done Mr. Soll. Gen. When did you see Mr. Ireland in 78 Proctor I saw him the 31th of August 78. Mr. Soll. Gen. Where Proctor At Fulford Mr. Soll. Gen. At whose House Proctor At Mr. Lowes Mr. Soll. Gen. That was the place the other Witness said Ireland told him he was to be at Four of the Clock and therefore went away at Three Mr. Att. Gen. When did you see him afterwards Proctor I saw him the next day the 1st of September Mr. Att. Gen. Where Proctor At
upon the Ninteenth Day of August at Wolverhampton as he was told It was he And being ask't When he was told so He says Mrs. Harwell told him so sometime before he was Apprehended So that she could not tell it him then to serve a turn And he is a Protestant too So is likewise Eleanor Graves Who gives you an Account that she saw him there on the Twentieth Twenty first and Twenty second and on the Twenty third she went to Litchfield with him And upon the Twenty fifth she supp'd with him at Mr. Winford's Now Gentlemen you have a full Account of it even to a Demonstration That he must be in these Places at this Time if you will believe one thing that is That these Witnesses saw him at all And sure none can doubt but these Witnesses did upon the Circumstances they have testified see him in August and September And then it must be those particular Times that they speak of At Wolverhampton then you have him to the Twenty sixth The Twenty seventh Day you have an Account of him at the Horse Race at Etchin-Hill The Twenty eighth Mr. Howard gives you an Account he din'd at at Bellamore at Mr. Aston's The Twenty ninth you find him at the Bowling-green at Tixhall And from thence to Mr. Hereningham's where he lodg'd that Night and stay'd there the Thirtieth Which is prov'd by the Circumstances of Fishing in the Morning and Setting in the Afternoon And the next Day which was Saturday the Thirty first you hear he was at the Killing of a Buck where Mr. Gerrard was expected but Sickness prevented his coming And you have him the First of September which was Sunday at Mr. Gerrard's House where several of the Witnesses did see him And besides one Proctor tells you He saw him the Thirty first of August at Fulford at Mr. Lowe's And he very well remembers that to be the Time by a remarkable Circumstance For says he the last Day of August I went to pay some Money which is a thing Men are generally very punctual in and when I came Home again I found him there And he swears he saw him at Mr. Gerrard's House the First of September the Day after Mr. King remembers he saw him at Mr. Gerrard's of Hildershame the First of September and that he din'd at Mrs. Crompton's the Second of September and stay'd there till Two of the Clock in the Afternoon And went from thence with an intent to go to Boscobell Lee says He saw him at Mr. Gerrard's House and at Mrs. Crompton's That he din'd there and went from thence to Pancrass and from thence to Boscobell Mr. Biddulph remembers he din'd with him on the Second of September at his Aunts and that by this Circumstance He was desir'd by my Lord Cullen to see an Horse-Race in Northamptonshire and promised my Lord Cullen to come Which Horse-Race is always on a certain day the First Thursday in September and that Year it happen'd to be the Fifth of September And it was the Monday before that he din'd at his Aunts And because of his Promise to my Lord Cullen he would not stay all Night And so it must be the Second day of September that he saw him there Mrs. Crompton says It was the same day that her Nephew Mr. Biddulph din'd there For he was a Stranger and she never saw him before nor after And there is another Gentlewoman Mrs. Palmer that swears He din'd at Mrs. Crompton's but she cannot tell the particular Time when Mrs. Gifford saw him at Pancrass between the Hours of Four and Five in the Afternoon upon the Second of September And Lee went along with him to Pancrass and from thence he went to Boscobell Mr. Pendrell says He saw him the Second of September at Night For he came to his House Which agrees with all that the other Witnesses say which was That he intended to go to Boscobell that Night He and his Wife both testifie That there he lodged upon the Second of September and stay'd there the Third of September and went from thence the Fourth to Black-Ladies Where Mr. Gifford tells you he din'd And we have given you an Account before where he was the Fourth at Night For then he was return'd to Wolverhampton and there he lodg'd to the Seventh of September And after the Seventh of September though we do not give you a positive Evidence That upon the Seventh of September at Night or upon the Eighth he was at my Lord Aston's Yet we have given you that which amounts almost to a Demonstration That he must be there upon the Eighth of September For he went from thence with Sir John Southcoat to go towards London on the Ninth And our Evidence is the more Credible because they swear cautiously all of them Unless they remember some remarkable Circumstance they will not take upon them to fix upon a particular time Then Gentlemen we give you an Account by the Persons that were in his Company where he was every day all along from the time he left Tixhall down to the time he came to Sir John Southcoat's House in Surry And this Journey took up the Ninth Tenth Eleventh and Twelfth of September There are Four days and he stay'd there one day Then he sold Mr. Southcoat his Horse Mr. Southcoat lent him his Horse to come to Town and the next day he did come to Town And so we have brought him to Saturday the Fourteenth of September And now let all the World be judge if there be any possible Room left that any one Word Mr. Oats has said can be true even giving him the Latitude of Time that he himself desires and says All Witnesses must be allow'd No there is not one Minute for him wherein he can be verified in any one Tittle of his Evidence as to Ireland's being in Town And this is that which I call and sure well I may so call it a Demonstrative Proof That what Oats did swear is utterly false Gentlemen The Jury had not this Evidence at the Tryal of Ireland Some they were that went out of the Town with him and some One or Two of Wolverhampton were at the Five Jesuites Tryals but not above Five or Six in all of these Forty odd that now appears True indeed it is all these were not there and Ireland upon that unfortunately suffer'd for so I may take Leave to say It was Vnfortunately Mr. Oats has said one thing unto you which he lays much stress upon He would have you look upon it as a great hardship That this Prosecution comes so late and that it is strange after Six Years time spent this should not be set on foot But Gentlemen I cannot but with much sorrow remember to you and I know you all remember it too well That there was a time when the City of London was so far Corrupted that it was become a Refuge and Sanctuary for High-Treason when there was no Justice to be had for
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-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
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
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
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-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
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
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.
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
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