it as a thing wholly New to them Upon which Expression Gavan made an Exclamation in these words 'T is so to me too upon my Soul for upon my Conscience I never heard of it before bidding the Witness look upon him with Confidence if he could Mr. Dugdale presently desiring Mr. Gavan to inform the Court whether he ever had the Witness under his Tuition or no or knew any ill thing by him Gavan acknowledged that he had been acquainted with Mr. Dugdale living within 11 miles of Tixall and conversing with the Family and that he knew Mr. Ewers very well but never was in his Chamber Dugdale proceeded That some of the discourse already given in Evidence was in the Little Parlour and some in Mr. Ewers's Chamber And for a farther Argument of Friendship betwixt them that this Witness gave them 400 li. to pray for his Soul and to set forward this Design and promised them 100 li. more upon their Complaint that they should want mony Mr. Gavan assuring the Witness that he should be Canonized for what he had done Mr. Dugdale swears farther that in his hearing they talked as if they look'd for Forces from abroad and that Mr. Gavan said that though they were in great Troubles themselves they would yet have Men and Mony enough to spare for such a Design And then as to a Massacre the Witness swears that he hath heard it talk'd at several Consultations But they were first advised by a Letter from Paris that passed through Harcourt's hands to make the Death of the King to be a Presbyterian Plot and in case of his Miscarriage to engage the Protestants in a Revenge upon the Presbyterian party as guilty of the Fact and after that to go on to a Massacre and those that scap'd it to be afterwards cut off by an Army The Witness saith moreover that Mr. Gavan hath many times endeavoured to perswade him of the Lawfulness if not the Merit of killing any body for the Advancement of their Religion giving Reasons for it out of Scripture and instancing in the Example of Garnet and the Miracles wrought by his Reliques He declareth farther that he hath seen several Treasonable Letters from beyond Seas striking at the Life of the King and the Protestant Religion which this Witness hath intercepted and read at least 100 of them which were sent from Harcourt to Ewers under a Cover from Groves The Witness says farther that the first Intelligence they had in the Country of the Death of Sir Edmundbury Godfry was from Harcourt that it came to Ewers on the Monday and bore date on the Saturday that he was Murthered That the Intelligence was in these words This very Night Sir Edmundbury Godfry is dispatch'd It was not said by whom he was murthered but that he was killed and they knew by whom Upon the sight of Harcourt's or Harrison's Letters which were usually sign'd with W. H. which stands for both this Witness went the next day to an Ale-house hard by and ask'd if they heard any thing of a Knight thas was murthered at London And that he had an Evidence in Court for the truth of what he deliver'd Mr. Dugdale was demanded a farther account of Whitebread's Letters to Ewers who said that he particularly remembred one but could not say how many he had seen Mr. Harcourt then asking the Witness the date of the last Letter the Witness had received from him Mr. Dugdale answered that as he remembred it was that concerning the Death of Sir Edmundbury Godfry in October and then Harcourt affirmed that he had not written to him this year and half Mr. Dugdale now applying himself to the Prisoner minded him that upon Mr. Ireland's being last year in the Country the Prisoner was used to send the S. Omers Letters to Mr. Ireland and so they were dispatch'd down to my Lord Aston's That the Witness had the sight of Eight of those Letters by the token that he pretended to Conjure in telling the Death of Mr. Edward Aston before it was known to any of his Relations which the Witness came to understand upon reading two of these Letters That Mr. Ireland took it ill that he heard it no sooner and the Prisoner wrote him word of the sending these Letters Mr. Harcourt opposed that Mr. Dugdale but five weeks since owned before a Committee of Parliament that he did not know him and came also to the Gatehouse to entrap him before the Gent. of the Committee but he denieth that he hath written to him for several years and the writing of any such Letter as he mentions or that he ever approved of putting any man to death informing that the Gent. for Experiment-sake desired the Prisoner to write his own hand and name and three of them also wrote their names and he could not say which was the Prisoner's who does not disown all this while that he hath often writ to Ewers and address'd to Dugdale Mr. Chetwin was now sworn to speak to a discourse that past betwixt him and Mr. Dugdale the last Summer what it was and at what time who gave this Evidence That being in Staffordshire in a Family which Mr. Sanbridge my Lord Aston's Kinsman much frequented the Gent. coming to him in October last askt him if he heard any thing of a Westminster Iustice that was killed The Witness told him that he heard nothing of it I was told says Mr. Sanbridge by a Girl of the house this morning at Elds that Mr. Dugdale had reported such a thing there This was upon Tuesday morning and the Saturday following the Witness received an account at Litchfield that Sir Edmundbury was murthered Upon Mr. Dugdale's coming to Town this Witness with some others went to him before his Examination the Witness asking him what he could say about that Gentleman's death who made answer that he remembred a Letter from Father Harcourt to Father Ewers with these words in it This Night Sir Edmundbury Godfry is dispatched That this Witness being out of Town when the Murtherers were tried upon his return to London enquired if Dugdale was there and finding that he was not the Witness past this reflection upon it that there was lost a very material Witness Mr. Dugdale informs that Whitebread charged Ewers in his Letter to take none but stout desperate fellows and that they were to kill the King to take away the King's Life in those very words as the Witness remembreth That these Letters were sent by the ordinary Post and it being wondred at that any man would venture such words in a Letter the Witness made answer that he was to have been an Actour and that they directed their Letters to him that if they were discovered he should be hanged and they come off The Witness declaring that he had been dealt with before by the Lord Stafford and Mr. Ewers to kill the King Mr. Whitebread demanding of him whether he intercepted and read
in all as Father Williams Father March the Rector of Liege Sir Iohn Warner and that he could not name any more The Prisoner objecting to him that the Names of all the rest were in the Record of the Lords-house Dr. Oates referred him to the Record The Prisoner ask'd him also If Sr. Tho. Preston and Poole came over with him and the Witness said they did To the Objection that this was but a Repetition of what was proved the day before the Prisoner humbly offered That the Trial of the day before was in another County and by another Iury and therefore he presumed in his own defence to urge this in which liberty he was not debarr'd The Witness said also that he thought Sir Robert Brett was there The Prisoner express'd the drift of his Questions to be only this to see if Dr. Oates would now affirm what he swore in the Lords House Dr. Oates telling him that he might produce that Record and the Court allowing that a sworn copy of that Record would be good Evidence The Prisoner ask'd if the Witness came from Dover by Coach or on Horseback Dr. Oates replied that it was a sudden question but that as he remembers he came by Coach The Prisoner then giving the Reason of his Question because upon a Trial at the Kings Bench the Witness said he came in a Coach with Mr. Hilsley Mr. Oates declaring that they came over together in the Boat but upon Landing they parted Mr. Langhorne ask'd him where he lodged at his coming into Town and his Answer was that when he came in April he lay at Mr. Groves but being ask'd where he lay the first night Dr. Oates could not speak certainly to that but in general that he lay there and as he remembers some three or four nights Dr. Oates swears that he acquainted Mr. Langhorne with the Consult within a day or two after it that he returned to St. Omers as he believ'd the first week in May. And being then told that he had said the day before that his stay there was but six days he said that was a mistake for he said under twenty The Prisoner demanded if Dr. Oates saw him write those Letters he spake of He said No but he knew his hand for he saw an Order of his for the paying of Money to his Sons and the Money was paid upon that Order The Prisoner demanded if he could say that La Chaise or Anderton ever wrote to him to which Dr. Oates Answer'd That he had Letters subscribed with their Names and that Langhorne himself told him that they came from them and that they were to be imparted to Priests and Iesuites and that he delivered those Letters to the Witness to that end The Prisoner desired to Know how long he staid at St. Omers Dr. Oates told him till Iune 23 New style The Prisoner then demanded seeing him to be come over from the Church of Rome to the Church of England when it was that he went over from the Church of England to that of Rome and if he was then Beneficed The Time Dr. Oates told him was in February or March 1676 7 and that he was for some time in a Vicaridge at Bobbing in Kent and that he came to that Vicaridge in 1672. Mr. Langhorne taking notice that he turn'd Papist in 1677 ask'd him whether or no he had left his Living first Dr. Oates answer'd That he had left the place not very long before for the Air did not agree with him besides that he had other private Reasons for leaving it Mr. Langhorne ask'd if turning Papist he became a Iesuite also because he says in his Narrative There came nine of us over All Iesuites The Court told him first that it was not a fair Question and then that what he offered was no Evidence The Prisoner then ask'd the Witness if he had ever been in his Company since that business in his Chamber of the Consult and Commissions Dr. Oates made answer he had been twice with him about the time of the Consult and twice or thrice after his coming over again Mr. Bedloe is Sworn MR. Bedloe declares upon a question concerning a Writing signed by the Superiour of the Iesuites that he had it at Mr. Daniel Arthurs and that finding it to agree with the Hand and Seal that he had observed upon Commissions in Paris he presented it to the Council Let the Reader observe here that this was a business only of a private Concern The Witness swears to this effect That he had no familiarity with Mr. Langhorne but some three years since being entrusted by Mr. Harcourt and Coleman with certain Letters to La Chaise Mr. Coleman carried him to Mr. Langhorne's Chamber who there Entred them and they were then sealed up by Mr. Coleman who delivered them to the VVitness to carry them The Letters being written at Mr. Colemans and only Registred by Mr. Langhorne Some of these Letters were read in Court at Mr. Colemans Trial. The scope of them was only to inform La Chaise that he wanted nothing but Money now in England to accomplish the work and to learn what supplies they might expect from France That the Catholicks were safe in England all places of Trust in their hands or at least in such as were well inclined and that considering the conjuncture of the present Power of the French King and a general disposition of Circumstances here there never was so fair an occasion of accomplishing their ends This was to Father Stapylton in English But the other to the Nuncio and La Chaise were in French and to the same purpose Mr. Langhorne Copied these before the Witness He went into his Study and wrote while Mr. Coleman and the Witness walked in the Chamber The Witness declared that there was not a penny of Money in this business but some way or other past his Accounts The Witness cannot say that ever Mr. Langhorne spake to him expressly of the Kings death but only of the Main design The Witness was with him a second time about a year and half since and it was from Harcourt for the Registring of another pacquet of Letters He took the Pacquet and without much heeding the Messenger sent word to Mr. Harcourt that Mr. Williams a Name that this Witness was known by had brought him some Letters which he would return again the next day as soon as he had Coppy'd them That Mr. Harcourt shew'd this Witness the Answer In this Pacquet there were two Letters one says the VVitness that he brought out of Spain from Sir William Godolphin directed to the Lord Bellassis which was sent to Mr. Langhorne some three weeks after to be Entred the Other from the Irish Iesuites in Salamanca directing that the rest of the Lords concerned and the whole Popish Party in England should be in readiness for they had now gotten some Irish
by Mr. Harcourt to the Lord Arundell who promised him great matters when the Times were come about Harcourt interjecting that he spake not one true word Mr. Bedlow demanded of the Prisoner if in August or September last he was not in company with Le Faire or Le Fevre To which Mr. Harcourt said he knew no Le Faire but Le Fevre he did and believes that he saw him then but never since And the Witness went on that Pritchard recommended him to him as a person tri'd and trusty and fit to be taken into the privacy of the Design Pritchard declaring to the Witness in their presence that the Death of the King was one part of it And the Witness says farther that going another time from Pritchard to Harcourt he saw Harcourt give Sir George Wakeman a Bill of Exchange upon some Citizen for 2000 li. Keins and Sir William Anderson being present which Bill Sir George Wakeman read folded up and went and received the mony And that Mr. Harcourt told Sir George Wakeman upon delivering the Bill that That 2000 li. was in part of a greater summe Sir George Wakeman replying upon it that 15000 li. was but a small consideration for the 〈◊〉 of Religion and the saving of Three Kingdoms Harcourt desired he might name the Citizen upon whom it was drawn for it would then be found upon the Merchant's book Fenwick urg'd that it was not enough to averr that he saw a Bill of Exchange if he cannot say from whom it came and to whom it was directed But the Court found that to be of little moment Mr. Bedlow himself not being concerned in the Bill Mr. Bedlow's Commission for Lieutenant was read Sir Thomas Doleman was now sworn concerning a Letter produced in Court who delivered that it was found about a week after that Dr. Oates had inform'd the Councill of the Plot in a Bag of Mr. Harcourt's Papers which Sir Thomas was appointed to examine And then the Letter it self was read Honoured Dear Sir I have but time to convey these following particulars to you First I am to give you notice that it hath seem'd fitting to our Mr. Consult Prov. c. to fix the 21. of April next stilo veteri for the Meeting at London of our Congregation on which day all those that have a Suffrage are to be present there that they may be ready to give a beginning to the same on the 24. which is the next day after S. George's day You are warned to have jus suffragii and therefore if your occasions should not permit you to be present you are to signify as much to the end others in their ranks be ordered to supply your absence Every one is minded also not to hasten to London long before the time appointed nor to appear much about the Town till the Meeting be over lest occasion should be given to suspect the Design Finally Secrecy as to the time and place is much recommended to all those that receive Summons as it will appear of its own nature necessary Tertio pro Domino Solone Disco Benefact Prov. Luniensis I am streightned for time that I can onely assure you I shall be much glad of obliging you any ways Sir Your Servant Edward Petre. Mr. Harcourt being called upon to explain this Letter informed the Court that this Letter was written to one that had a Vote in the Meeting which by the Order of the Society is to assemble once in Three years and advise about their particular Affairs that the chief business was about the Choice of a Procurator to be dispatch'd to Rome wherein Secrecy was requisite because it was dangerous to have it known As to the Caution of not hastening before the time or being too publick for fear the Design should be suspected wherein Secrecy was naturally necessary Mr. Whitebread expounded it that the Design was the getting of a Congregation which it was prudential to keep secret as a thing not permitted in this Nation declaring upon his Salvation that there was no other Reason for the enjoyning of that Secrecy offering farther that it would be very hard to take away mens lives upon a word that may as well bear one Construction as another instancing in the usual way of speech I have a design to dine here or there tomorrow where the word design is properly enough made use of It was returned upon them that the word Design with a Caution of Privacy and the Business being matter of Secrecy in its own nature must necessarily imply something of greater consequence then the Election of an Officer Mr. Gavan in Reply offer'd his Exposition that the Jesuits in all places meeting once in 3 years for the Inspection of their Officers and the Regulation of their Members This was their time for their meeting here applying the word Design to the great Concernment of both Worlds which was the subject matter of this Meeting declaring upon his Salvation that though he was not at this Consult himself yet he believed that which he had delivered was the true and onely Cause of their Meeting adding hereunto that it being in time of the Parliament Sitting Secrecy was necessary that they might not give offence and that it concerned them not to be taken notice of when their Lives depended upon the Discovery That the Design was the Design of a Congregation Dr. Oates objected that though they justify the Consult now yet when there was but one proof of it they denied at first that there was any such Consult At which Fenwick disown'd the Denial of it Mr. Bedlow declared That whereas Mr. Gavan says that their desire of Secrecy was out of a Respect to the Parliament he and others had been employed to bring more Jesuits into England in Parliament-time then in any other for that they were then in least danger Dr. Oates adding that they were more bold and publick in the Lobbies and Court of Requests in Sessions of Parliament and not forbearing to threaten the Protestants Another Letter was now produced and Sir Thomas Doleman called to speak to 't who declared that he found it some two days after that which was read before among Mr. Harcourt's papers and that reflecting upon Dr. Oates's Information to the Councill concerning Commissions given out and some ambiguous passages in the Letter he the Witness presented it to the Councill with theis Quaere upon it Enqu What is meant by the word Patents It was signed Christopher Anderton Hilton Febr. 1. 1677 8. Oates representing that by Hilton was meant Rome which Harcourt acknowledged The Letter it self was now read Worthy Sir I know not from whence it proceeds but I perceive that both your Letters and mine have bad fortune by the way for my Correspondents with you complain they hear not from me whereas I write constantly intire Pacquets and since the Bills I received from your self for Sir William Goring and for Mr. Ireland from Mr. Shelly I have
not had one Letter but what I received this week which in part made recompence for the former for it brought me three of yours and one of Mr. Ireland's for which I render you many humble thanks and acknowledge the fifteen pounds from my Lord Castlemain though Mr. Ireland made no mention of it in his We are all here very glad of the promotion of Mr. Thomas Harcourt When I writ that the Patents were sent although I guess for whom they were yet I know not for certain because our Patrons do not use to discover things or resolutions till they know they have effect And therefore in these kind of matters I dare not be too hasty lest some will say A fool's Bolt is soon shot There arose a great difficulty upon the plurality of the word Patents Mr. Whitebread expounded it to be meant of his Patent for Provinciall which being but one would not have been called Patents Which Mr. Whitebread qualified by making it a Latinism and called it Literae patentes It was objected that he being made Provincial Ianuary 14. and this bearing date Feb. 5. the word Patents could not be intended of his Commission To which M. Whitebread answers that possibly they did not know till then and that it was not known what Exceptions might be exhibited against the person named besides that every Patent is called Literae patentes Dr. Oates affirmed that if a man be chosen to a place he must execute it upon pain of Damnation if he disobey his Superiour To which Mr. Whitebread replied that a hundred Instances might be given of Refusalls in the case and that he would have refused it himself if he had foreseen the Trouble of it appealing to Almighty God as he was to answer at the last day that he knew nothing at all of this business Dr. Oates declared that the Patents spoken of in this Letter were sent a great many of them in April and May before The Prisoners being now called to their Defence Dr. Oates's Witnesses were sent for to be in readiness Mr. Whitebread beginning that though he did not fear Death he would be loth to die by Injustice and that he hop'd that he should be allow'd the common freedome of endeavouring to preserve himself for that a man's Life might be taken away by Perjury as well as by a Pistoll so that he trusted that no man should be admitted as an Evidence against him that was not probus Testis offering that D. Oates was not such a man and he craved leave to say that he was Perjured He says that he did such and such things by Whitebread's appointment was present with him April 24. and that the Prisoner acquainted Dr. Oates with the whole design a thing so improbable that whoever believes it must take the Prisoner for a Mad-man to trust any body with such a concern at first sight for he confesseth that so it was and then to trust a man that had his Livelyhood from the Society for they maintain'd him that is to say first the Prisoner's Predecessor and then himself Upon his Importunity to be entertain'd in the Society the Prisoner perswaded him to withdraw reflecting upon him as a person not answerable to the purpose he pretended to and that for severall Reasons First for his Principles for he held severall Opinions that were not sound Secondly his Life was loose and therefore he was desired to retire To which end he had a suit of Cloaths given him a Periwigg and 4 li. in his Pocket which he promised to repay upon the fale of his Library in London but he never did The Prisoner took notice of the just Wonder of the Court at writing to Dugdale by the Post in so plain and dangerous terms and the like in his discourse to Dr. Oates but concluded in craving the Court's leave to produce Witnesses that from the 10. of Decem. to the 23. of Iune following Dr. Oates was at S. Omers and lodg'd but one night out of the house It was observed upon Mr. Whitebread as a strange thing that they should still maintain a man that they had so ill an opinion of but Mr. Whitebread denied the maintaining of him affirming that he was not sent over by them as he said he was and undertaking to prove it allowing all this while that they had maintained him before and distinguishing betwixt an office of Charity to a man of Letters and in necessity and a Confidence of Intrigueing with him in such a Case as this Mr. Fenwick then recommended it to the Court to consider that Dr. Oates's Evidence from one end to the other was supported by the sight of such and such Letters from one person or another and all the Testimony is the sight of the Letters as if Fenwick that knew Dr. Oates was turn'd away from S. Omers for his Misdemeanors should after that make him privy to all his Letters The Prisoner desired the Court to take notice that he had a thousand Letters taken from him and not one Syllable either of Treason or of solliciting people to come over was charged upon him out of those Letters Urging that all the proof made was but saying and swearing and defying any man to make out any probability to any unbyassed judgement how this could possibly be Here the Prisoners were minded that there is no other Evidence to be given then by saying and swearing Fenwick pursued his discourse declaring that he did no more think of his being taken or accused then of his death and that he removed nothing and that besides Letters there were seized in Bonds and Bills to the value of five or six thousand pounds and it seems strange that out of all this there should nothing of a design appear For God's sake said the Prisoner where are the Commissions sign'd and the moneys paid Mr. Hilsley being presented to the Court as a Witness on the behalf of the Prisoners Mr. Whitebread begs that their Witnesses might be sworn which though it would not be granted because it was against the King yet the Jury were directed to value the Testimony according to the credit of the Persons and the Matter in question Mr. Gavan offered that there was no positive Law and the Lord Coke in his Institutes says that there is not so much as Scintilla Iuris against it But this being against constant Usage and Custome it could not be granted Mr. Whitebread shews that in Mr. Ireland's Triall pag. 35 and 36 Dr. Oates declares that he came from S. Omers with Sir Iohn Warner Father Williams and Mr. Hilsley but it was answered that printed Trialls are no Evidence there may be Errata's in them Then Mr. Fenwick asked Dr. Oates if he did not acknowledge that he came over with Hilsley and Dr. Oates told him that to any question of that day if the Court thought it reasonable he would give an Answer Fenwick insisted upon it that Dr. Oates was forsworn
she saw him in Town Sixteen Witnesses that were daily in his company that affirm'd the contrary He inculcated over again the business of the S. Omers Witnesses sixteen to three or four the Contradiction of Dr. Oates his coming over with Hilsley and staying but six days with the Evidence that saw him in Town April and May his being at Wolverhampton from Iuly 16. upwards As to Mr. Dugdale he had the knowledge of him five or six years severall disco urses with him but none Treasonous upon his Salvation And that he came away from his Lord after he had embezelled 300 li. of his Money That he Mr. Gavan had been twenty weeks a Prisoner without the means of sending for Witnesses Concluding with an Asseveration of his Innocence as he hoped to see the face of God and with a Prayer for the King and the Court. Mr. Whitebread minded the Court of an excellent observation made upon that rank and dangerous Letter which Mr. Dugdale pretends to have intercepted from the Prisoner to Mr. Ewers That none but a Mad-man would send such a Letter by the Post. And so he recommended the Improbability of it to the Jury Mr. Fenwick desired the Court and Jury to consider the Evidence on both sides The one spake to the whole time upon a daily Conversation the other onely to this or that day or seeing Dr. Oates in a Disguise on the one side so many Youths train'd up in Vertue and on the other a beggerly sort of people that might be drawn in to mend their fortunes by their Evidence His Testimony then is false as to Sir Iohn Warner Mr. Williams and Sir Thomas Preston for they came not over with him Or suppose the Witnesses to be Equal what support has he for his Evidence such and such Letters he pretends from Mr. Whitebread which if it were true the Prisoners deserved to be hang'd for Fools as well as for Knaves for trusting a Creature that they never had any Esteem for and who was Expelled the Colledge And then for the Commissions and Letters he speaks of 't is almost a year that this Discovery hath been afoot and thousands of Letters seiz'd and yet not one Commission appears not one penny of mony or any order for it no Arms found nor out of all these Letters any thing discovered towards this Design And for all the Writings signed which he says were hundreds from one Consult to another there is not one single paper produced in confirmation of it Ending in these words There is no Reason brought among them all but Saying and Swearing and that I 'll stand by Mr. Whitebread told the Court and Jury that whereas Dr. Oates charg'd him with beating of him First the Prisoner neither was nor ever had been a Fighting man and he appeal'd to their Considerations how he should dare to strike a person whom he had made privy to so Dangerous a Secret Reflecting then upon the strangeness of the thing that so many Eminent persons should be concerned in it the Plot discovered and yet no footsteps of it appear And so he recommended himself to God and the Jury Mr. Harcourt then declared that being now arrived at Seventy years of age this was the first time in his whole Life that he had been accused before a Magistrate But that a Negative cannot be proved and that there was no Evidence against them but downright Swearing Mr. Fenwick was about to pass a Reflection upon the Life and Conversation of the Witnesses but bringing no proof he put an end to the discourse Mr. Turner being demanded what he had to say he did ask if it were reasonable to admit of those people to an Oath in Evidence who for Scandall were debarr'd the Sacrament as he would prove by one Hastings But he being called and not appearing the Court proceeded to give directions to the Jury wherein the Evidences were so fully and distinctly summ'd up by my Lord Chief Justice that there was nothing to be added to them The Jury were then sent out to consider of their Verdict and after about a quarter of an hour they returned and found all the Prisoners Guilty of the High Treason whereof they stood Indicted And after a short and pithy Speech of the Recorder to the Jury they were remanded to Newgate and the Court adjourned till next Morning THE HISTORY OF THE CHARGE and DEFENCE OF Richard Langhorn Esq UPON Iune 14. 1679. Mr. Richard Langhorn was brought to his Trial at the Sessions-house in the Old Bayly according to an Adjournment of the day before standing Indicted of High Treason for contriving the Death of the King the Subversion of the Protestant Religion and of the Establisht Government He pleaded Not guilty to the Indictment The Jury was sworn without any Challenge The King's Councell open'd the Charge and so the Court entred upon the Trial beginning with some Evidences upon the main Design Mr. Dugdale and Mr. Prance were both sworn and Mr. Dugdale spake first to the Plot upon the Life of the King declaring that he himself had been engaged in divers Consultations for the Destruction of His Majesty and of the present Government and for bringing in of Popery That being at most of their Meetings he heard these very Expressions us'd and was tempted with Reward to be Instrumental in it and to kill the King The men that put him upon it were all Jesuits as Mr. Ewers Mr. Gavan Mr. Leveson and Vavasour That upon the Killing of the King they were to be ready with an Army but not before though at first it was resolved to raise an Army out of hand They had some thoughts of beginning with a Massacre and then to cut off those that scap'd with an Army but this Witness did not hear of any certain number resolved upon These Consultations were at Tixal Boscobel my Lord Aston's and Mr. Gerrard's all in Staffordshire And the Protestants were to be destroy'd in the first place Touching Sir Edmundbury Godfry's Death Harcourt wrote a Letter to Ewers that began thus This very Night Sir Edmundbury Godfry is dispatch'd and more to that purpose The Witness saying thus to Mr. Ewers about it I 'll be hang'd if this don't spoil the Design whose answer was that he was a great Enemy of Loose people and it would be judg'd some of them had done it in Revenge The Letter was received upon Monday night and dated on Saturday Mr. Prance declared that one Mr. Messenger was engaged by the Lord Arundell of Wardour and the Lord Powis to murther the King and was promised a considerable Reward as my Lord's Butler told this Witness who afterwards meeting with Messenger and asking him why he would do it his Answer was that he was off on 't now The King being dispatch'd 50000 men were forthwith to be raised as Fenwick Ireland and Grove said in the Witnesse's hearing being all
together That this Army was to set up the Romish Religion and all the Protestants to be destroyed the Lords Arundell and Powis to command these Forces And he says that one Harcourt twice at his Chamber in Dukes-street told him that there were several to kill His Majesty This was in the hearing of one Mr. Thompson and M. Fenwick told the Witness that M. Langhorn was deeply concerned in 't and that was all the Witness knew Dr. Oates was then sworn and this is the summe of his Evidence That returning out of Spain into England in November 1677 he brought Mr. Langhorn Letters from two Sons that he had in Spain in English Colledges the one at Madrid the other at Valladolid He delivered the Letters within a day or two after his arrivall to Mr. Langhorn at his Chamber in the Middle Temple who treated the Witness very respectfully and upon telling him that the Witness thought his Sons would enter themselves into the Society Mr. Langhorn standing that way affected himself was very glad of it for matters would not hold long in England as they were he said and that if they kept themselves in the world they might quickly come to great preferment in England The Witness was once more with Mr. Langhorn before his coming to S. Omers which was in November old stile December new when he gave him a Pacquet of Letters to carry with him In this Pacquet was a Letter of Thanks to the Fathers at S. Omers for their kindness to his Sons in their journey for Spain and promising the repayment of twenty pound which they had furnished his Sons with upon their passage This Letter was subscribed Richard Langhorn and it made mention of one written to Father Le Chaise in order to our Concerns These were the very words Now the Letter to Le Chaise this Witness did not see but onely the other that took notice of it and he said that Mr. Coleman having written to him at large he should not trouble his Reverence with many words at that time The Witness remembers also another Letter either in March or April he could not say which wherein Mr. Langhorn among divers ill passages expressed a wonderfull Zeal for the Catholick Design and saying that the Parliament began to cool in the business of the Protestant Religion and that now was the time to give the Blow That was the word the Blow but the Letter was too large to give a particular account of Dr. Oates minded the Court of the Consult here in April The Witness and divers others came from S. Omers and other parts to that Consult Mr. Langhorn himself was not at it but the Witness was ordered by the Provinciall to tell Mr. Langhorn from time to time what passed there and upon the report the Witness made him to their proceedings Mr. Langhorn with his hands and eyes up to Heaven prayed God to prosper them The summe of the Witnesse's Report to Mr. Langhorn was this That Cary was to go Procurator to Rome That they had concluded upon the Death of the King that Pickering and Grove were to attempt the King's person 1500 li. to Grove and 30000 Masses to Pickering to be the Reward He told him also that they had all signed the Agreement And this past a day or two after the signing of it The Witness swears that there were at that time divers Parchments lying upon Mr. Langhorn's Study-Table which he found to be Commissions for the 1 s. Arundell of Wardour Powis Bellasis and Petre to be Chancellour Treasurer General Lieutenant-General That there was one for Coleman to be Secretary of State and another for Mr. Langhorn to be Advocate of the Army They were Authoriz'd by a Brief from the Pope directed to the General of the Society with the Jesuits Cross upon them and signed Iohannes Paulus de Oliva The Witness being demanded if they lay Open he told the Court that they lay upon a Corner of a Desk folded up and that he came to take notice of them by having information from one Father Anderton that these Patents as he call'd them were come whereupon the Witness spake of them to Mr. Langhorn and upon his desire he let the Witnesse have the sight of them who remembers that there was One more for a Son of the Lord Arundell and something for the Lord Stafford too concerning the Army The Witness saw severall of these Commissions and the greater part of them in Mr. Langhorn's Study but he could not say all The Prisoner told the Witness that for Inferiour Officers and all there were about 50 but a matter of 6 or 8 were all that the Witness saw Dr. Oates Swears that in April and May he saw the Answer to several of Mr. Langhorn's Letters to La Chaise and that the Fathers desiring to have the Originals Mr. Langhorne delivered them to this Witness who carried them to the Fathers They came from the Fathers La Chaise Confessor to the French King and Anderton Rector of the Colledge at Rome The Witness saw them in Mr. Langhornes custody but he cannot say that they were directed to him The substance of La Chaise's was to assure them of his Firmness to the English Society and that the French King would assist them for the Advancing of the Cause That Mr. Langhorne being the Iesuits Sollicitor went with Harcourt Fenwick Keines and Langworth to the Benedictine Monks to desire their Aid towards the work and the Witness hath heard that at the Prisoners Instance they contributed 6000 pounds which was by them paid to the Society and Mr. Langhorne was said to have received it toward the Murther of the KING and the Change of Religion This Witness did not see the payment of the Money but about Iuly or August he heard Mr. Langhorne say discoursing of it that he would do what he could towards the getting of it and how troubled he was That Sir George Wakeman made such a difficulty of accepting of Ten thousand pounds for poysoning the King Adding That it was a publick work and a Body would have done it for Nothing but that he was a very Covetous and Narrow-soul'd-man A Writing under the Iesuits Seal being shew'd in Court to Mr. Oates he presently declared That to be the very hand which was to the other and just such a Seal Several Questions being put to the Witness by or in the name of the Prisoner Dr. Oates Answer'd That he went towards St. Omers at the latter end of November and that he arrived there about the tenth of December New style That he went in the Dover-Coach and stayed there till April following without stirring from thence saving only that he went to Paris and was a Night or two at Watton and then came away in April whether about the middle or latter end he could not say but he was in England under Twenty days There came over with him Nine or ten
Night he saw him from Five to Seven and not after Archibald was Examined and informed that upon Munday Night having occasion for one Grey a Taylor he found him at Hills House and Grey asking what News the VVitness answered him very good for Prance was seized for killing Sir Edmond Godfrey To which Hill replyed that he was very glad of it and wished them all taken and the next morning the VVitness heard that he was taken out of his Bed Why then said Hill if I had been guilty I could have made my escape Iames Warrier informed that October 12. Green was at his House from betwixt Seven and Eight till after Ten it was upon a Saturday and he remembred it exactly by his Work That he bethought himself of this about a month after the murther and that Greens being taken up made him reflect upon it It was but Fourteen days that he had been in the VVitnesses House before he was seized he was not seized there neither It was objected that he was not charged with the death of Sir Edmond Godfrey till December 24. but only for refusing the Oaths So that that could not put him in mind of Sir Edmond Godfreys business Mrs. Warrier informed that upon the day that Sir Edmond Godfrey was missing Mr. Green sat in the VVitness Quarter till Nine a Clock and then went up to his Chamber the VVitness and her Husband with him and there staid the beating of the Tattoo and that this was the Saturday fortnight after Michaelmas Mr. Ravenscroft informed that Hill had served his Elder Brother for Thirteen or Fourteen years very faithfully and that at last he married a Maid-servant in the Family That hearing of one that was seized about the murther of Sir Edmond Godfrey the VVitness was well pleased to hear it that passing from his Fathers House in Holborn homeward toward the Savoy he saw Hill's Wife at her own door and she told the VVitness that some body had been there that said Prance had discovered divers of Sir Edmond Godfreys murtherers who askt her if her Husband knew any thing of it They used to be much together she said and perhaps that made them talk but for her Husband he defied Prance and all his Works telling the VVitness likewise that he was then in the House which made the VVitness hope he was innocent because he did not fly The Witness declaring such a detestation of the Fact that rather than he should escape if he were guilty he would be the Executioner himself Corporal Collett Informed That upon Wednesday October the 16 th he placed one Nicholas Trollop Sentinel at the Strand-Ward within the Wicket he was upon Duty from Seven to Ten and then was relieved by Nich. Wright who staid till One. The Sentinels being placed by the Porters order not Berry but One that used to carry Orders Trollop Informed That while he was upon his Post a Sedan was brought in and set within the Gate he took it to be empty but no order to refuse any Body's entrance Collett declaring that there stands a Sedan empty every night and Trollop affirming that there went none out in his time for he was never half a Pikes length from his place that he did not drink one drop and that he remembred every thing particularly for he had been already twice before the Committee Wright also said there passed none in his time and Trollop Evidencing that it was brought in when he vvas upon Duty but not carried out again Gabriel Huskes Informed That he was on from One to Four October the 16 th that he neither drank at Berries nor saw him Then Eliz. Minshaw Informed That Mr. Berry her Master October the 16 th was the whole Forenoon about the Gates and after that as he said himself went to Bowls It was duskish when he came home he vvent to Bed about 12 and was not one hour absent That this VVitness went about Twelve to Bed also and saw him no more that night so that she concludes he was in Bed because the passage to his Chamber was through hers It was then demanded of Prance vvhat made him deny what he had said who Answered that he was afraid of losing his Trade and that he had not as then his Pardon Mr. Prance was then asked at the Instance of Mrs. Hill if he had not been tortured to make him say this for it was the talk of the Town and he was heard to cry out who declared himself that Capt. Richardson had used him very kindly and let him want nothing Upon Prances denial of this Mrs. Hill exclaimed that the VVitnesses were not duly Examined and so called Mr. Chevins who could say only this That he had heard Mr. Prance deny all The Kings Council having heard the Prisoners and their VVitnesses summ'd up the Evidence And the Lord Chief Iustice gave directions to the Jury who brought them All in Guilty and they receiv'd Sentence the day following to be severally hang'd by the Neck till they were dead And upon the One and twentieth of the same Month they were accordingly Executed THE HISTORY OF THE Charge and Defence OF S r. George Wakeman William Rumly William Marshal and Iames Corker ON the Eighteenth of Iuly 1679 Sir George Wakeman William Rumly William Marshall and Iames Corker were brought to their Trials at the Sessions-house in the Old-Baily upon an Indictment for Conspiring the Death of the King and the Subversion of the Government and the Protestant Religion But Iames Corker was first brought to the Barr having been arraigned the former Sessions The Jury being Sworn and Admitted without Exception the Kings Council as is usual opened the Indictment and Mr. Dugdale was first produced and Sworn And first as to the Plot in general Mr. Dugdale deposed That he had some inckling of the Plot Seven years ago but that Ewers Gavan Peters Leueson c. had more particularly acquainted him with it about two years since and drew him into the Design upon the Government and Religion and upon killing the King and the Duke of Monmouth That all Harcourts Letters were directed to the VVitness Eight or Nine at a time and almost all of them were concerning the Plot. The scope of the Letters were to Instruct Ewers how to proceed towards the getting of Money and engaging the Gentlemen of the Country to serve as Officers in the Army which was to be raised upon the death of the King That he saw Receipts from St. Omers of Money paid to that end That he received a Letter directed to himself which came from Harcourt but who wrote it he could not say or if it had any date or no only he supposes that it came from beyond-Sea to London and so to him It gave Caution to say nothing of Arms till the King was dead He deposed a Correspondency thrice a week betwixt the Conspirators in London and the Staffordshire Agents and in a
Letter from Whitebread Ewers was charged to choose stout and hardy men with this expression in the Letter To kill the King which Letter was sent by the Common Post and superscribed to Mr. Dugdale who vvas Sworn to Secrecy by Mr. Ewers at least ten times And the VVitness took the Sacrament upon it He deposeth also That Gavan Leueson Ewers and my Lord Stafford would have had the VVitness destroy the King by Shooting Dagger or the like not so as to do it directly himself but to come to London for directions how to do it where Mr. Ireland was to have him in his Care and that he was to have come in October last the Resolution being taken the Iuly before This VVitness also deposed That the Lord Stafford promised him Five hundred pounds in hand upon his coming to London in October for an Incouragement but that a more considerable Reward vvas to follow and that he should have come to London if it had not been discovered He deposeth further That he found Ewers reading a Letter from London with these words in it This very night Sir Edmond-Bury Godfrey is dispatch'd and that it was dated the very Night that he was killed Ewers shewing the Prisoner the Letter and telling him also that Sir Edmond-Bury Godfry was grown too Inquisitive into the Plot and it would be well to take him off Deposing also that Mr. Ewers shew'd the Prisoner the Letter to comfort him that one Enemy was gone and the VVitness reporting it again to the Minister of the place He deposed further That the Protestants were to be destroyed and that they had great confidence in the VVitness he having given them Four hundred pounds and promised another Hundred to pray for his Soul and Land made over to Mr. Girald to raise the Money upon the Sale Mr. Corker demanded from whom the dangerous Letter before mentioned came and the VVitness not presently recollecting it the Prisoner appealed to the Court upon the Improbability of sending such a Letter by the Common Post and yet no appearance either to whom or from whom it came But Mr. Dugdale rendred an Account of other Letters one from Paris to St. Omers and thence to London and so to Tixall where it was read in the presence of the Prisoner by the Lord Aston and Mr. Ewers It was subscribed I. W. and thought to be from Sir Iohn Warner that it was dated from Paris whence they advised the casting of it on the Presbyterians after the Death of the King which would make the Church of England men fall in with the Papists to destroy the Party This was the Paris Letter and the London Letter approv'd the Advice with several Lords hands to them in allowance of the design of killing the KING and raising an Army The Prisoner asked if it were dated from St. Omers and Mr. Dugdale reply'd that in the Pacquet from St. Omers there were three Letters Paris St. Omers and London one from each and all in one Cover being cover'd in Groves Pacquet The VVitness averring that he himself was to be of the party that should kill the King in October The Prisoner here made a reflection that Dr. Oates mentioned only Three designs to kill the King by Grove and Pickering by the Ruffians and by Poyson and that now a fourth was found out in October when the Design was charged upon Iuly or August But it was reply'd upon him That there might be more Plots than Docter Oates knew of Mr. Marshall offer'd That the VVitnesses Testimony was suspicious even from the multitude of Persons employed and intrusted and nothing done upon it where yet a few might have done the business The Prisoners were here ordered to wait their time without interposing that the Kings Evidence might be first heard whereupon the Prisoners desired Pen Ink and Paper which was granted them and so the Court proceeded It was much wondred that any Body should write by the Common Post about killing the King To which Mr. Dugdale Answered That in case of Discovery it was to be cast upon him and that he was under an Oath to deny it Affirming that the very words were for the killing of the King without any Superscription to Ewers or Name to the Letters The Prisoners joyned in admiration at the folly and madness of any man in putting such words in a Letter Mr. Dugdale proceeded That Whitebread's Letter was directed to himself and that it came in Company with others that there was a Black Cross upon what he was to deliver to Ewers and that he was to disperse them where they were to go But being ask'd by what mark he should know whither to send them The Witness answered that Mr. Ewers knew their hands and what every thing meant and for whom it was To the Question of how many Letters the Witness answered that in two years he believed he had a Hundred and Mr. Rumley asking him from how many persons and wondring that he had none of them to produce Mr. Dugdale answered That there were a great many from Sir Iohn Warner and that so long as he intended to go on with the Plot he burnt them all but that he had spoken what he could remember He deny'd the seeing of any Commissions but affirmed that he spake with some that were to be Officers Mr. Prance deposed that some three weeks before Michaelmas he heard Fenwick and Grove at Mr. Irelands Chamber talking of raising 50000 Men and settling Popery Mr. Fenwick saying that it would be easily done and encouraging the Prisoner being a Silver smith with the hope of work enough about Crucifixes Candlesticks c. naming the Lords that were to Command the Army And after that he was told of Commissions given out He deposed further That my Lord Arundels Butler told him that one Messenger was to murther the King and this Witness meeting Mr. Messenger and asking him the Question he was surprised at it and said to this Witness Pray keep Counsel for we are off of that now Mr. Iennison deposed That in Iune 78 upon a discourse with Mr. Ireland in Russell-street about Religion his Sister Mrs. Aune Ireland being by Mr. Ireland spake as if the Romish Religion would be quickly settled in England for there was but One stood in the way and the King might be easily poyson'd Whereupon this Witness speaking of it as a horrid thing Mrs. Ireland asked her Brother why he talkt at that rate and he qualified the matter as a thing which he thought should not be done And then the Witness minding him of the Gunpowder Treason he said it was only a trick of Cecils The Witness being at that time a Roman Catholick but since Converted The VVitness deposeth further That he saw Mr. Ireland positively on the 19 th day of August being then newly returned from Windsor as he remembers punctually upon very particular Circumstances The Court looking upon this Evidence
as a most eminent Confutation of what Ireland affirmed at his death which was that betwixt the third of August and toward the middle of September he was never in Town but all that time in Stafford-shire Mr. Iennison then proceeding That upon the 19 th aforesaid he saw Mr. Ireland draw off his Boots at his own Chamber upon the Frame of a Table as the Witness remembers being come post as he said out of Stafford-shire betimes that Morning That the VVitness telling him upon his question where he had been and what news that he had been at Windsor and that the King was early up in a Morning went a Fishing and Hawking the VVitness telling him of his own accord that his Majesty had but very little Company with him Mr. Ireland reflected upon the Kings going so thinly guarded saying that he might be easily taken off The Witness replying God forbid and then Mr. Ireland smoothing it over this Witness thought no more on it till the Plot was discover'd and then he told his Father and his Sisters this discourse saying that it was very suspicoius This VVitness was very sure it was the 19 th and knew Mr. Ireland very well having been acquainted with him a year and an half And he went out of Town September the 4 th into the North. Mr. Corker asking the VVitness when he turned Protestant and objecting that he did not for sake his Religion till he found it might be for his advantage Mr. Bowes was then Sworn who declared that he saw Mr. Iennison in Tunbridge about the beginning or middle of August That he went then from Tunbridge That the VVitness went to Windsor August the 12 th or 13 th and that Mr. Iennison came to Windsor when the Witness was out of Town Mr. Burnett deposes That about the middle of August the very day of Dachett-Horse-Race he met Mr. Iennison on his way to Windsor The Court declaring this to be a point that did not concern the Prisoners but to shew the falsity of Irelands affirmation Dr. Oates then made Oath That Mr. Ashby coming sick to Town in Iuly Sir George Wakeman prescribed him a course how he should govern himself both before he went to Bath and There That he should take a pint of Milk morning and evening and drink nothing else in the Morning and at the Bath to have a hundred strokes at the Pump Sir George telling him in this Letter who would help him to poyson the King Some two days after the VVitness saw Sr. George lay by his Pen and leave the Paper upon the Table with the Ink wet upon it which was an Apothecaries Bill as he supposed and the same Character with the Letter to Mr. Ashby and the VVitness swears that as Sir George wrote Mr. Ashby discours'd to him of a Commission received for Physitian to the Army which the Witness saw at Mr. Ashby's in Sr. George's hand He deposed further That he heard One promise to help Sir George in the promoting the Catholick Cause and in the poysoning of the King and that he heard Ashby in the Provincials Name offer 10000 l. to Sir George for his reward This was in Iuly Harcourt Fenwick Ireland and the Witness present He deposeth that Sir George said That it was not enough for poysoning the King and so refused it and that the Fathers met on purpose to deal with Sir George about it before Mr. Ashby went to the Bath and that upon Sr. George's Refusal they acquainted Mr. Whitebread with it who presently gave the London-Fathers Commission to offer 5000 l. more which as this VVitness is informed was accepted and 5000 l. of it paid down The VVitness having seen Sir Georges Name subscribed to the Entry-Book wherein was specified such a proposal to Sr. George with his Acceptance of 5000 l. and Receipt in part of 15000 l. the Receipt from Harcourt by Colemans Order and the Goldsmith as this VVitness remembers was Stayly Sir Georges hand to the Receipt with a Memorandum of the day in August when it was propounded and accepted The Entry-Book it self being in the Fathers custody at Wild-house but who kept it this VVitness could not say only that Mr. Langhorne had it sometimes and that the Acceptance and Receipt were entred the same day Dr. Oates saith not that he ever saw Sr. George write but that he saw him lay aside a Pen and a Paper newly written and no body by that could write it but himself And Sr. George charging him with declaring that he did not know the Prisoners hand the Doctor affirmed that a Letter that he saw signed G. Wakeman was the same hand-writing with that of the Receipt and the Physick-Bill Sir George demanded a positive Answer If the VVitness had not deny'd the knowledge of his Hand and the knowledge also of his very Person before his Majesty and Council To which Dr. Oates made Answer That he was so doz'd with sitting up and his Intellectuals so disordered for want of sleep that perhaps he might speak short before the Council but now that he had light to see Sr. George's face he could say more to him The Doctor affirming the Prisoner to be the same Gentleman and desiring that what he had to ask might be put to the Court the Doctor not calling to mind whether he said he knew Sir George or not but affirming this to be the person that was called Sir George Wakeman but not able to say that it was the person that attended the Council when the Witness was there The Doctor deposing likewise that he saw Sir George two several days at Mr. Ashbyes Chamber and that he never saw him before and but once after which was at Wild-house when the 10000 l. was offer'd where Mr. Ashby lay in Iuly before he went to the Bath which was about the end of Iuly or beginning of August his stay in Town being about fourteen or sixteen days The Prisoner asking the VVitness then if he knew all this when he was before the Council why he said there that he knew nothing of the Prisoner but about one Letter from Ashby to Fenwick And objecting That if this Evidence had been given there he must doubtless have been Committed but the Prisoner was directed to reservo what he had to say till his proper time and the Doctor referred his Answer also to its proper place Touching Mr. Corker Dr. Oates deposed him to be a Benedictine Monk privy to the 6000 l. raised for This designe And that in August last he sent his Consent out of Germany to the proposal of raising it being President of the Benedictines That he gave the English Monks in Paris and La Chaise an Account how Matters went forward in England and that he had a Patent to be Bishop of London which the VVitness saw in his own hands That this Letter out of Germany he had seen and that it was addressed either to Hitchcott or another