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
perfect the same their most wicked Treasons and Trayterous Imaginations and purposes aforesaid they the aforesaid Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors to the Jurors unknown the aforesaid 24th day of April in the 30th Year aforesaid with Force and Arms c. at the Parish of St. Giles in the Fields aforesaid in the County of Middlesex aforesaid Falsely Maliciously Subtilly Advisedly Devillishly and Traiterously did Assemble themselves Unite and Congregate and then and there falsly maliciously subtilly advisedly devillishly and traiterously did Consult and Agree our said Sovereign Lord the King to Death and final Destruction to bring and put and the Religion within this Kingdom of England rightly and by the Laws of the same Kingdom establisht to the Superstition of the Romish Church to change and alter And the sooner to compleat and perfect the same their most Wicked Treasons and Trayterous Imaginations and purposes aforesaid the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors of our said late Lord the King to the Jurors unknown afterwards to to wit the same 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid Falsely Subtilly Advisedly Maliciously Devillishly and Trayterously between themselves did conclude and agree That they the said Thomas Pickering and John Grove Him our said late Lord the King should Kill and Murder and that they the said Thomas White otherwise Whitebread William Ireland John Fenwick and others false Traytors to the Jurors unknown a certain number of Masses between them then and there agreed for the health of the Soul of him the said Thomas Pickering therefore should say celebrate and perform and therefore should pay unto the said John Grove a certain Sum of Money between them then and there agreed And the Jurors aforesaid upon their Oaths aforesaid did further present That the said Thomas Pickering and John Grove upon the agreement aforesaid then and there falsely subtilly advisedly maliciously devillishly and trayterously did take upon themselves and to the same Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traytors against our said Lord the King to the Jurors aforesaid unknown then and there falsely subtilly advisedly maliciously Devillishly and Trayterously did promise that they the said Thomas Pickering and John Grove him our said late Lord the King would Kill and Murder And that they the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Traytors against our said Lord the King unknown afterwards to wit the same 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly and trayterously did give their faith each to other and upon the Sacrament then and there Trayterously did swear and promise to Conceal and not to divulge their said most wicked Treasons and Trayterous Compassings Consultations and Purposes so between them had him our said late Lord the King Trayterously to kill and murder and the Romish Religion within this Kingdom of England to be used to Introduce and the true Reformed Religion within this Kingdom of England rightly and by the Laws of the said Kingdom Establisht to alter and change And that the said Thomas Pickering and John Grove in Execution of the Trayterous agreement aforesaid afterwards to wit the same 24th day of April in the 30th year aforesaid and diverse days and times after at the aforesaid Parish of St. Giles in the Fields in the County aforesaid Muskets Pistols Swords Daggers and other offensive and Cruel Weapons him the said late Lord the King to kill and murder falsely subtilly advisedly maliciously devillishly and trayterously did prepare and obtain had and kept for themselves and that they the said Thomas Pickering and John Grove afterwards to wit the same 24th day of April in the 30th year aforesaid and diverse days and times after with Force and Arms c. at the Parish aforesaid in the County of Middlesex aforesaid and in other places within the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly and trayterously did lye in wait and endeavour our said late Lord the King Trayterously to kill and murder and that the said Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traytours to the Jurors aforesaid unknown afterwards to wit the same 24th day of April in the 30th year aforesaid at the Parish aforesaid in the County of Middlesex aforesaid falsely subtlely advisedly malicitiously and Trayterously did prepare perswade excite abate Comfort and Counsel four other persons to the Jurors unknown and Subjects of our said Lord the King him our said late Lord the King Trayterously to kill and murder against the duty of their Allegiance against the peace of our said Lord the King his Crown and dignity and against the forme of the Statute in such Case made and provided and thereupon it was so far proceeded that afterwards at the Court of Goal-delivery of our said Lord the King at Newgate at Justice Hall in the Old Bayly in the Suburbs of the City of London in the parish of St. Sepulchre in the Ward of Faringdon without London the 17th day of December in the 30th Year aforesaid before the Justices of the said Lord the King of the same Goal-delivery then and there held by Adjournment of the County of Middlesex aforesaid came the said William Ireland Thomas Pickering and John Grove under the Custody of Sir Richard How Knight and Sir John Chapman Knight Sheriff of the County of Middlesex aforesaid into whose Custody for the Cause aforesaid they were before committed Being brought to the Bar there in their proper Persons and presently being severally asked concerning the Premises above Charged upon them how they would acquit themselves the aforesaid William Ireland Thomas Pickering and John Grove did severally say That they were not thereof Guilty and for the same for good and bad they did severally put themselves upon the Country and by a certain Jury of the Country in that behalf duly Impanneld Sworn and Charged then and there in the same Court before the Justices of Goal-delivery aforesaid were tryed and that upon that Tryal between our said late Lord the King and the said William Ireland Thomas Pickering and John Grove at London aforesaid to wit at the Justice-Hall in the Old-Baily aforesaid in the Parish of St. Sepulchre in the Ward of Faringdon without London aforesaid The Defendant Titus Oates late of the Parish of St. Sepulchre aforesaid in the Ward aforesaid Clerk was produced as a Witness on the part of the said late Lord the King upon the Tryal aforesaid and before the said Justices of Goal-Delivery in the Court aforesaid then there held upon the Holy
Gospels of God was duly sworn to speak and testify the Truth the whole Truth and nothing but the Truth of and in the Premises between our said Lord the King and the said William Ireland Thomas Pickering and John Grove And that the said Titus Oates then and there in the Court of Goal Delivery aforesaid upon his Oath aforesaid upon the Indictment aforesaid at the Parish and Ward aforesaid by his own proper Act and Consent of his most wicked Mind falsly voluntarily and corruptly did say depose swear and give in Evidence to the Jurors of the Jury aforesaid then and there sworn and Empannel'd to try the Issue aforesaid between our said late Lord the King and the said William Ireland Thomas Pickering and John Grove That the said William Ireland in the Indictment aforesaid mentioned was in Town within the Cities of London and Westminster or the places adjacent to the said Cities meaning upon the first or second day of September in the Year 1678. Whereas in Truth and indeed the said William Ireland in the Indictment aforesaid mentioned was not in Town nor within the Cities of London or Westminster or the Places adjacent to the same Cities or either of them upon the first or s cond day of September in the Year 1678. And so the aforesaid Titus Oates the aforesaid seventeenth day of December in the Thirtieth Year aforesaid at the Justice-Hall aforesaid in the Court aforesaid upon the Trial aforesaid upon the Indictment aforesaid between our said late Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove so as aforesaid had by his own Act and Consent and of his most wicked mind falsely voluntarily and corruptly in manner and form aforesaid did Commit Voluntary and Corrupt Perjury And the Jurors aforesaid last sworn to enquire for our said Lord the King and the body of the City of London aforesaid upon their Oathes aforesaid doe further present That at another Session of our said late Lord the King held for the County of Middlesex at Hickes's Hall in St. Johns street in the County aforesaid on Thursday to wit the 12th day of June in the 31st year of our said late Lord King Charles the second before Sir Phillip Mathews Baronet Sir Thomas Orby Knight and Barronet Sir William Pulteney Knight Sir William Bowles Knight Thomas Robinson Thomas Harriot Esquires and others their Companions by Letters Patents of our said late Lord the King to the same Justices aforenamed and others and to any four or more of them under the Great Seal of our said late Lord the King made to enquire by the Oaths of good and Lawful Men of the County of Middlesex aforesaid and by all other wayes manners and means by which they might or could better know as well within Liberties as without by whom the truth of the matter might be best known and enquired of all Treasons Misprisions of Treason Insurrections Rebellions Counterfeitings Clippings Washings False-making other Falsifyings of the Mony of this Kingdom of England and of other Kingdoms Dominions whatsoever of all Murders Felonies Man-slaughters Killings Burglaries Rapes Meetings and unlawful Conventicles Speakings of Words Combinations Misprisions Confederacies false Allegations Trespasses Riots Routs Retainers Escapes Contempts Oppressions and of other Articles and Offences in the same Letters Patents of our said Lord the King specified As also the Accessaries of the same within the County aforesaid as well within Liberties as without by whomsoever howsoever had done perpetrated or committed of other Articles Circumstances concerning the Premises howsoever and the same Treasons and other the Premises to hear and determine according to the Law and Custom of this Kingdom of England being assign'd by the Oaths of Henry Ashurst Esquire Edward Gavell John Radford John Warral William Hanmar Robert Pritchard John Tredder Gilbert Vreweyn David Collivex Abraham Harrison Charles Morgan Philip Trehearn John Collier Robert Whiterod William Webb Thomas Edwards and Abraham Tillent honest and lawful Men of the County aforesaid Sworn and Charged to enquire for our said Lord the King and the Body of the County aforesaid upon their Oaths it was presented That Thomas White late of the Parish of St. Giles in the Fields in the County of Middlesex Clerk otherwise called Thomas Whitebread late of the Parish aforesaid in the County aforesaid Clerk John Fenwick late of the Parish aforesaid in the County aforesaid Clerk William Harcourt late of the Parish aforesaid in the County aforesaid Clerk otherwise called William Harrison late of the Parish aforesaid in the County aforesaid Clerk John Gaven late of the Parish aforesaid in the County aforesaid Clerk and James Corker late of the Parish aforesaid in the County aforesaid Clerk as false Traytors against the most Illustrious most Serene and Excellent Prince our late Soveraign Lord King Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Their Supreme and Natural Lord not having the fear of God in their Hearts nor weighing the duty of their Allegiance but being moved and seduced by the Instigation of the Devil the Cordial Love and true due and Natural Obedience which true and faithful Subjects of our said Lord the King towards him our said Lord the King should and of right ought to bear wholly withdrawing and contriving and withall their might intending the Peace and common Tranquillity of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England used and by Law establisht to overthrow and the Government of this Kingdom of England to Subvert and Sedition and Rebellion within this Kingdom of England to move stir up and procure and the Cordial Love and true and due Obedience which true and Faithful Subjects of our Lord the King towards him the said Lord the King should and of right ought to bear utterly to withdraw put out and extinguish and our said late Lord the King to death and final destruction to bring and put the 24th day of April in the 30th Year of the Reign of our said late Lord King Charles the Second c. at the Parish of St. Giles in the Fields in the County of Middlesex aforesaid with diverse others false Traytors against our said late Lord the King to the Jurors aforesaid unknown falsly subtilly advisedly maliciously and trayterously did purpose compass imagine and intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable slaughter among the Subjects of our said Lord the King to procure and cause and our said late Lord the King from the Regal State Title Power and Government of his Kingdom of England utterly to deprive depose cast down and disinherit and him our said late Lord the King to Death and final Destruction to bring and put and the Government of the same Kingdom and the sincere Religion of God in the same Kingdom rightly and by
the Laws of the said Kingdom Established at their Will and Pleasure to change and alter and the State of this whole Kingdom of England through all its parts well instituted and ordered wholly to subvert and destroy and War against our late Lord the King within this Kingdom of England to levy And to perfect and compleat the same their most wicked Treasons and Trayterous Imaginations and purposes They the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven Anthony Turner and James Corker and other false Traytours to the Jurors aforesaid unknown the aforesaid 24th day of April in the 30th Year aforesaid with Force and Arms aforesaid at the Parish of St. Giles in the Fields aforesaid in the County of Middlesex aforesaid falsely maliciously subtlely advisedly divellishly and Trayterously did assemble unite and gather themselves together and then and there falsly maliciously subtilly advisedly divellishly and Trayterously did consult consent and agree our said late Lord the King to Death and final Destruction to bring and put and the Religion within this Kingdom of England rightly and by the Laws of the same Kingdom established to change and alter to the superstition of the Church of Rome and the Government of this Kingdom of England to subvert and that one Thomas Pickering and one John Grove him our said late Lord the King should kill and murder and that they the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven Anthony Turner James Corker and other false Traytors against our said late Lord the King to the Jurors unknown a certain number of Masses between them then and there agreed upon for the health of the soul of him the said Thomas Pickering therefore should say celebrate and perform and therefore should pay unto the said John Grove a certain Sum of Money between them then and there agreed upon And that the said Thomas White otherwise Whitebread John Fenwick John Gaven Anthony Turner William Harcourt otherwise Harrison and other false Traytors against our said late Lord the King to the Jurors unknown in the further prosecution of the Treasons and Trayterous Consultations and agreements aforesaid afterwards to wit the said 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly Trayterously did severally give their Faith each to other and upon the Sacrament then there Trayterously did swear promise to conceal and not to devulge their said most wicked Treasons and Trayterous Compassings Consultations and purposes aforesaid so between them had him the said late Lord the King Trayterously to kill and murder and to Introduce the Romish Religion to be used within this Kingdom of England and the true Reformed Religion in this Kingdom of England rightly and by the Laws of this Kingdom Established to alter and Change and that the said Thomas VVhite otherwise VVhitebread John Fenwick VVilliam Harcourt otherwise Harrison John Gaven Anthony Turner James Corker and other false Traytors to the Jurors aforesaid unknown in further Prosecution of the Treasons and Trayterous intentions and agreements aforesaid afterwards to wit the said 24th day of April in the 30th Year aforesaid at the Parish aforesaid in the County aforesaid falsly subtilly advisedly maliciously devillishly and Trayterously did prepare perswade excite abet comfort and Counsel four other Persons to the Jurors unknown and Subjects of our said late Lord the King him our said late Lord the King Trayterously to kill and murder against the duty of their Allegiance and against the peace of our said late Lord the King his Crown and Dignity and against the forme of the Statute in that Case made and provided whereupon it was Commanded the Sheriff of the County aforesaid that he should not omit c. But should take them to answer c. Which Indictment the said Justices of our Lord the King afterwards to wit at the Goal-delivery of our said Lord the King of Newgate holden by Adjournment for the County of Middlesex at Justice-Hall in the Old Bayly in the Suburbs of the City of London on Fryday to wit the 13th day of June in the 31st Year aforesaid before Sir James Edwards Knight Mayor of the City of London Sir William Scroggs Knight Lord Chief Justice of his Majesty's Court of King's-Bench Sir Francis North Knight Lord Chief Justice of his Majesty's Court of Common-Pleas Sir Thomas Allen Knight and Baronet one of the Aldermen of the said City of London Sir George Jeffreys Knight Recorder of the said City of London and other their Companions Justices of our said Lord the King assigned to deliver his Goal of Newgate of the Prisoners in the same being by their own proper Hands did deliver there in the Court of Record in form of Law to be determined And thereupon at the said Goal-delivery of our Lord the King of Newgate holden by the Adjournment aforesaid for the County aforesaid at Justice-Hall aforesaid the said Fryday the 13th of June in the 31st Year aforesaid before the aforesaid Justices of our said late Lord the King last named came the said Thomas White otherwise Whitebread John Fenwick William Hartcourt otherwise Harrison John Gaven and Anthony Turner under the Custody of Sir Richard How Knight and Sir John Chapman Knight Sheriff of the County aforesaid into whose Custody for the Cause aforesaid they were before that time Committed being brought to the Bar there in their proper Persons who were committed to the aforesaid Sheriff c. And immediately being severally demanded concerning the premises aforesaid in the Indictment aforesaid specified charg'd upon them as above how they would thereof acquit themselves the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner did severally say That they were Not thereof Guilty And thereupon for Good and Bad did severally put themselves upon the Country And thereupon upon the Indictment aforesaid last recited at the Session of our Lord the King at the Justice-Hall in the Old-Bayly it was so far proceeded that the Issue aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner afterwards to wit the aforesaid Fryday the 13th Day of June in the 31st Year aforesaid at Justice-Hall aforesaid by a certain Jury of the Country in that behalf duly Empanell'd Sworn and Charg'd was Tryed and that upon the Tryal of the Issue aforesaid last mentioned between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner at London aforesaid to wit at the Justice-Hall in the Old-Bayly aforesaid in the Parish of St. Sepulchre in the Ward of Faringdon Without London aforesaid the said Defendant Titus Oats was also a Witness produced on
behalf of our said late Lord the King upon the Tryal aforesaid upon the Indictment last aforesaid And he the aforesaid Titus Oats then and there at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session to wit at the Parish and Ward aforesaid was duly sworn upon the Holy Gospels of God to speak and testify the Truth the whole Truth and nothing but the Truth of and in the Premises in the Issue aforesaid last mentioned so as aforesaid joyned between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner And that the said Titus Oats then and there at the Session aforesaid last mentioned in the Justice-Hall aforesaid in the Court of the same Session upon his Oath aforesaid upon the Indictment last aforesaid by his own proper Act and Consent of his most wicked Mind falsly voluntarily and corruptly did say depose swear and give in Evidence to the Jurors of the Jury aforesaid last mentioned so as aforesaid Sworn and Empanell'd to try the Issue aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner That William Ireland one William Ireland then before Convicted and Executed for High Treason against our late Lord the King meaning took his Leave of him the said Titus Oats and others at the Chamber of the said William Ireland then being in Russel-Street a certain Street called Russel-Street lying within the City of Westminster in the County of Middlesex meaning between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth and indeed the said William Ireland did not take his Leave of the said Titus Oats or any other Persons whatsoever at the Chamber of the said William Ireland then being in Russel-Street aforesaid between the said 8. and 12. Days of August in the Year of our Lord 1678. And so the said Titus Oats upon the said Fryday the 13th day of June in the 31st Year aforesaid at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session upon the Indictment last aforesaid so put in Issue and Tryed as aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner by his own proper Act and Consent and of his most wicked Mind falsly voluntarily and corruptly in manner and form aforesaid did commit voluntary and corrupt Perjury to the great Displeasure of Almighty God in manifest contempt of the Laws of this Kingdom of England to the evil and pernicious Example of all others in the like Case offending and against the Peace of our Sovereign Lord the King his Crown and Dignity Upon this Indictment he has been Arraigned and thereunto hath pleaded Not Guilty And for his Tryal hath put himself upon the Country and his Majesty's Attorney-General likewise which Country you are Your Charge is To enquire whether the Defendant Titus Oats be Guilty of the Perjury he stands Indicted or Not Guilty If you find him Guilty you are to say so If you find him Not Guilty you are to say so and no more And hear your Evidence Lord Ch. Just Look ye Mr. Attorney my Lord Chief Justice Jones has sent to know whether you have any thing to do with him to day here Mr. Att. Gen. Not at all that I know of Lord Ch. Just Mr. Oats Do you intend to make use of my Lord Chief Justice Jones or any of the Judges of the Common-Pleas as Witnesses Oats Yesterday my Lord I did call for them to have made use of them as Witnesses Lord Ch. Just But have you any thing to say to them to day Oats I cannot tell as yet Lord Ch. Just Then my Lord Chief Justice Jones must be told That he does not know whether he shall or not Go on Sir Samuel Astry Then Proclamation for Information and Evidence was made in usual manner Mr. Phipps May it please your Lordship and you Gentlemen of the Jury This is an Indictment against Titus Oats Clerk for Perjury And the Indictment sets forth That William Ireland Thomas Pickering and John Grove in the 30th Year of the late King were Indicted of High Treason and Tryed at the Old-Bayly and at that Tryal the Defendant Titus Oats was produc'd a Witness for the King and being sworn to tell the Truth the whole Truth and nothing but the Truth did falsly voluntarily and corruptly depose and swear and give in Evidence to the Jury that did try that Cause That the said William Ireland was in Town within the Cities of London and Westminster or the Places adjacent meaning upon the First or Second day of September in the Year 1678. Whereas in truth the said William Ireland was not in Town nor within the Cities of London or Westminster or the Places adjacent upon the First or Second day of September in the Year 1678. And so the said Titus Oats hath committed wilful and corrupt Perjury And the Indictment further sets forth That upon the 13th day of June in the 31st Year of the late King Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner were Indicted and Tryed at the Old-Bayly for Treason and at that Tryal the said Titus Oats was a Witness produc'd on the Part of the King And being sworn to testify the Truth the whole Truth and nothing but the Truth by his own Act and Consent of his own most wicked Mind falsly voluntarily and corruptly did depose and swear and give in Evidence to the Jury That William Ireland one William Ireland before that time Convicted and Executed for High Treason meaning did take his Leave of him the said Titus Oats at his the said William Ireland's Chamber then being in Russel-Street between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth the said William Ireland did not take his Leave of him the said Titus Oats or of any other Persons whatsoever at his the said William Ireland's Chamber then being in Russel-Street aforesaid between the said 8th and 12th Day of August in the Year of our Lord 1678. And so the said Titus Oats did then and there commit wilful and corrupt Perjury And this is laid to be to the great Displeasure of Almighty God in contempt of the Laws of this Land to the evil and pernicious Example of all others in the like Case offending and against the King's Peace Crown and Dignity To this he has pleaded Not Guilty If we prove it we do not question but you will find him Guilty Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury Mr. Oats stands Indicted for having perjur'd himself The Instances Gentlemen that we charge him with are these First
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
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
is not here Oates Pray call Mr. Robert Bowes Cryer He is not here Oates Pray call Mr. John Savill Cryer He is not here Oates My Lord I have served all these with Subpoena's and if they will not come I cannot help it L. C. J. Nor we neither Oates Mr. Jennison was used as a VVitness in the Tryal of Sir George Wakeman and so was Mr. Bowes and Mr. Burnet who was produc'd to prove the circumstance of Mr. Jennison's Evidence But my Lord since I cannot have the benefit of his Evidence nor of Sarah Paines I must only sum up all I have to say in two or three words My Lord besides that what I did deliver in Evidence at those Tryals I gave in upon Oath you have Mr. Bedloe's Evidence at the Tryal of Ireland testified by Mr. Blayney and the testimony of him as a dying man given into my now Lord Keeper wherein he averr'd That what he had spoken of the Plot was all true And you hear that he swore Mr. Ireland was here in Town in August and so did Sarah Paine too and I think upon my self as very hardly used to have such a part of my Testimony brought in question after Witnesses are dead or gone out of the way As for Mr. Jennison his Evidence was formerly made use of and his Evidence was approved of too as is well known to those that sate Judges upon the late Viscount Stafford But this is that my Lord I must needs say for my self That as I hope to see the day of Salvation in another world whatever I have sworn about Mr. Ireland's being here in Town betwixt the Eighth and Twelfth of August 78 and in the beginning of September is true as I shall answer it before God another day And my Lord as to the Evidence this day brought against me I desire you would but observe though that there are many of those Witnesses yet a great part of them do not come up to the Eighth or Twelfth of August and I hope your Lordship will remember and remark to the Jury what little Credit those of them had that came to testifie in the behalf of Mr. Ireland at his Tryal and at the Five Jesuits Tryals of which there are two Records before you and they do first justifie this That Ireland and the rest of them were Guilty of what they were accused of and then That these Witnesses did not testifie the Truth Besides these two Tryals my Lord you have a third Verdict and that is at the Tryal of Mr. Langhorn Now the whole Popish Plot almost was laid forth in those three Tryals and my Lord I believe verily I am the first Precedent in all England of any ones being Indicted for Perjury that was a Witness for the King in such a Case as this after six years time elapsed after Verdict upon Verdict and Judgment and Execution upon these Verdicts and when no new Objection is now offered but what was then started and no new circumstance occurs now but was as forcible then except it be the change of the Season And I desire it may be considered when all the Judges of England were Commissioners of Oyer and Terminer at those Tryals these matters were fully discussed and debated and then they did look upon all the Objections as fully answered and confuted My Lord I am confident if I had been a Witness in any other Cause than of a Conspiracy of the Papists I might have had fairer quarter than I have now And I do verily believe that at this rate it is more safe for Papists to be Traytors than for any Protestant to discover a Popish Plot. My Lord and Gentlemen of the Jury I beseech you to take my Case into your serious Consideration as to the hardship of it and since all my Witnesses are in places unknown or they are such as considering the Times dare not appear some of them being Lawyers and under fear they shall fare the worse in their Practise and others being persons that depend upon the Law and think they shall be lookt ill upon as I am now lookt upon with a hard eye by the Popish party and their Adherents Yet I hope you that are sworn to do Justice will not let me be ruined by a number of false Witnesses by the Evidence of Papists that are parties For if your Lordship please to consider that Vote of the Lords House which is a Court of Record wherein they do declare that they are fully satisfied by the proofs they have heard that there then was and for divers years 〈…〉 had been a Horrid and Treasonable Plot and Conspiracy contrived and carryed on by those of the Popish Religion for the murdering of his Majesties Sacred Person and for subverting the Protestant Religion and the Ancient and Established Government of this Kingdom which Vote of Parliament my Lord does make the Papists to be all Parties in this Case and where they are Parties I hope they shall not be admitted as Evidence or at least not be believed because there is a turn to be served by them against me and a revenge they are resolved to take upon me for they have hopes now of bringing in their Religion and are to welcome that in with my Ruine and this is the cause of this prosecution Their eyes do see now what their hearts so long desired that is the death of a Great man who died but lately and against whose Life they had conspired so often and so long My Lord if this had been the first Conspiracy that ever the Papists were guilty of there might have been some more scruple and objection in the case But if you cast your eyes upon Campian and others in Queen Elizabeths time of Garnet and the Powder-Jesuits in King James's time and the designs of the Popish party in the time of the late King Charles the first discovered to the Archbishop of Canterbury If these things do pass for Truth and there is no Averment against so many Records as we have of their Conspiracies then my Discovery is no such improbable a thing and I hope then the Gentlemen of the Jury will take it into their considerations who they are that are Witnesses in this case men whose very Religion is Rebellion and whose Principles and Practises are pernicious to the Government and thereby they are to be lookt upon as dangerous persons in Church and State But my Lord if the Letters of Coleman be well considered they will justifie me that he Corresponded with Le Cheese the French Kings Confessour for the promoting of Popery in England is notorious to all mankind that have either read or heard that Tryal Your Lordship was of Council for the King in that case and heard how it was opened and plainly proved upon him And when his Letters have been made so publick and proved under his own hand nay and confessed by himself I think no man will doubt but that must be a plain proof of the
lived and so I hope to dye before you all Lord Ch. Just Upon my word she is very kind she has a mind to dye before us 'T is a sign she lives a good life she 's so ready to die Mr. Att. Gen. So my Lord you see that the 17th of August he departed from my Lord Astons Now we shall call Mrs. Harwell to give you an account whether he went on the 17th Swear Mrs. Jean Harwell Which was done Mr. Sol. Gen. Where do you live Mrs. Harwell Mrs. Harwell I live now in Town my Lord. Mr. Sol. Gen. Where did you live in the Year 78 Mrs. Harwell At Wolverhampton Mr. Sol. Gen. Did you know Mr. Ireland he that was Executed Mrs. Harwell Very well my Lord. Mr. Sol. Gen. What time did he come to your House at Wolverhampton Mrs. Harwell The 17. of August 1678. Mr. Sol. Gen. What day of the week was it Mrs. Harw Upon Saturday Mr. Sol. Gen. From whence did he say he came at that time Mrs. Harwell I do verily believe it was from Tixhall that he came I cannot positively say Mr. Sol. Gen. How long stayed he there Mrs. Harwell He came to my House the 17th of August 1678. He supped there that night and I think he lay in my House every night till the 26th of the same month Upon the 19th day after Dinner I went with him a good part of the Town of Wolverhampton and upon Friday following which was the 23d he went a little way out of Town to a Fair hard by and return'd the same day and stayed at my House the next day being Bartholomew-day The next day being the 25th being Sunday he was at my House and he stayed as I said every night and lay at my House and went away on Monday the 26th of August It was to the best of my remembrance in the morning Mr. Sol. Gen. Whether did he say he was going when he went from your House upon the 26th Mrs. Harwell I think to Tixhall he said Mrs. Sol. Gen. When did you see him again after that Mrs. Harwell He returned to me again the 14th of September following That night he supped at my house and lay there and he stayed at my house Thursday the 5th of September Fryday the 6th and he went away on the 7th from me for good and all Mr. Att. Gen. Whither did he go then Mrs. Harwell To Tixhall I think I cannot tell Mr. Att. Gen. Whence did he say he came when he came last to your house which was Wednesday the 4th of September Mrs. Harwell Then he said he came from Boscobel and Black-Ladies and that way Mr. Sol. Gen. Can you tell any thing that makes you remember he was at Boscobel Mrs. Harwell I have some Circumstances that make me believe and remember it Lord Ch. Just Ay tell us what they are Mrs. Harwell My Lord upon Monday the 2d of September I heard Mr. Ireland would be at Boscobel and I said to my Friend that told me so Sure Mr. Ireland will not be there that night and I so near him Yes said she he will Then said I I will write to him and so I did And I tell you the 4th of September which was Wednesday he came to my House and stayed that night and the two next dayes with me and went away upon the Saturday after Lord Ch. Just You say you did write to him upon the 2d of September Mrs. Harwell Yes I did so Lord Ch. Just What was the occasion of your writing to him at that time Mrs. Harwell One Madam Dormer was then in those parts and he being gon a Visiting his Friends at Black-Ladies I writ to him and desired him to give her a Visit for I knew she would be glad to see him Lord Ch. Just He came back to you the 4th of September you say Mr. Harwell Yes he did so my Lord. L. Ch. Just Did he own upon the fourth of September that he had received your Letter Mrs. Harwell He said he had been at the place my Lord but I know not whether he had receiv'd my Letter or no but I am sure he waited upon my Lady for she told me so afterwards Oats I desire to know whether this Gentlewoman was at Ireland's Tryal Mrs. Harwell No my Lord but I heard that upon the 17th of December following Mr. Ireland was try'd at the Old Baily for High Treason Upon the 19th I was inform'd by the Post what was sworn against him and particularly as to this time which I knew to be false and upon my own Cost and Charges I sent an Express away to Town here to a Friend that I knew upon reading the Letter that was written to me that Mr. Ireland was falsly accus'd and by that Express also I sent a Petition humbly beseeching his late Majesty that we might bring in Witnesses to prove that Mr. Ireland was in Staffordshire when Mr. Oats swore he was in Town and upon that the King staid the Execution about five Weeks We did hope for a second Tryal but we could not obtain it and he was executed Mrs. Harwell I did it at my own Cost and Charges for I thought it my duty if I could to save his Life knowing that to be false which was sworn against him L. Ch. Just She speaks gravely and soberly upon my word Mr. J. Withens So she does indeed Mr. Att. Gen. We have abundance of them my Lord. Swear Mr. William Rushton which was done Mr. Soll. Gen. Tell my Lord what you know of Mr. Ireland's being at Mrs. Harwel's in August 1678 at Wolverhampton Mr. Rushton My Lord In the Month of August 1678 I did see Mr. William Ireland at Wolverhampton in the County of Stafford and it was upon the 18th of August and I saw him there from the 18th to the 25th every one of the dayes but one and that I cannot be positive in He went that day to Litchfield which was upon the 23th as I take it but I cannot be positive but all the rest of the dayes I did see him there once if not twice or thrice a day Mr. Att. Gen. Where did he lodge then Mr. Rushton At Mr. Jyfford's or Mrs. Harwell's Oats Were you at any of the Tryals of Ireland or the five Jesuits Sir Mr. Rushton No I was never at none till now Oates Pray my Lord what Religion is this Gentleman of I desire to know Mr. Rushton Not of your Worship's Religion Doctor Oates L. Ch. Just But answer his Question Mr. Rushton I am a Catholick Oates A Roman Catholick he means I suppose Mr. Rushton Yes I am a Roman Catholick and a Loyal Subject Mr. Soll. Gen. Swear Mrs. Katherine Winford which was done Mr. Att. Gen. Mrs. Winford pray did you see Mr. Ireland at Mrs. Harwells the Year 1678. Mrs. Winford Yes I did Sir Mr. Att. Gen. Pray tell the Court what you do know of that Matter Mrs. Winford I did hear at Wolver-Hampton that Mr. Ireland came to Town