the Ld. Ch. Justice Scroggs on Wednesday Feb. 11. 1679. THere the Prisoner was arraigned upon an Indictment for High-Treason for conspiring the Death of the King the Subversion of the Government and the Protestant Religion on Saturday January 24 1679. To which he pleaded Not Guilty desiring a Jury of his own Country-Men which was promised him and some Friend to assist him because he was deaf being above 85 Years of Age. On Wednesday Feb. 11 following the Prisoner being brought to his Trial the Jury sworn after several Challenges were Sir Thomas Hodson Richard Beaumount Esq Stephen Wilks Esq Jervas Rockley Esq Robert Leeke Esq William Batt Esq Charles Best Esq John Cross Esq Barton Allett Esq William Milner Esq John Oxley Esq Francis Oxley Esq To whom the Indictment being read Mr. Dormer Serj. Maynard and Mr. Attorn Gen. opened the same And then Mr. Bolron being sworn deposed that he came to live with Sir T. Gascoyne in 1674 as Steward of his Cole-works and in 1675 he being fearful of his Estate lest it might be liable to be forfeited to the King he was a Witness to a collusive Conveyance thereof and saw him colourably receive 1000 l. of Sir William Ingleby he and one Matthias Higgringil helping to count the Money In 1676 he heard the Prisoner say to one Christopher Metcalf that he was resolved to send 3000 l. to the Jesuits in London for the carrying on of the Design and that he would return it by 300 l. at a time to prevent Suspicion by the hands of Richard Phisicke and about the beginning of 77 he heard the Prisoner say that he had returned it and that if it had been a thousand times as much he would be glad to spend it all in so good a Cause In 77 that there was a Consult at Barnbow-Hall in Yorkshire which is the Prisoner's House where was Sir Miles Stapleton Charles Ingleby Esq Esquire Gascoyne the Lady Tempest Thomas Thwing Sir VValter Vavasor Sir Francis Hungate Mr. Middleton Robert Killinbeck a Jesuit and VVilliam Rushton a Priest their discourse was about establishing a Nunnery at Dolebank in hopes that the Plot of killing the King would take effect resolving they would venture their Lives and Estates to further it And the Prisoner concluded to give 90 l. a Year for ever for the maintenance of this Nunnery Upon which they all agreed that after his Death he should be canonized a Saint Accordingly the Prisoner did erect a Nunnery at Dolebank near Ripley where Mrs. Lashalls was Lady Abbess Mrs. Beckwith and Mrs. Benningfield her Assistants Ellen Thwing Eliz. Butcher Mary Root others were Nuns here they were to reside till the King was kill'd and then to remove to Heworth near York and here they did reside near a Year and an half till the Plot was discovered and he had seen several Leters from them to the Prisoner That about March last Esquire Gascoyne and Mr. Middleton got Licences from a Justice of Peace to travel to London and he heard them tell the Prisoner they designed to fly into France and accordingly sold off their Goods the Prisoner approving their Resolution That on May the 30th last the Prisoner bid the Witness go into the Gallery where one VVilliam Rushton his Confessor came to him and discours'd him about his having taken the Oath of Allegiance telling him it was a damnable Sin he having thereby denied the Power of the Pope to absolve him from it but that the Pope had Power to depose the King and had done it and that it was a meritorious act to kill the King and if he would undertake to do it he would assist him and give him Absolution quoting that Scripture Thou shalt bind their Kings in Fetters and their Princes in Chaines concluding that the King was deposed and it was meritorious to kill him and that unless he would turn Roman Catholick the Pope would give away his Kingdoms to another The same day the Prisoner talked with him in his Chamber and inquired of him what Rushton had said to him which he told him and then taking him by the hand the Prisoner told him if he would undertake a design that he and others had to kill the King he would give him 1000 l. but refusing to be concerned in Blood he desired him of all Love to Secresy That in September 1678. he heard the Prisoner tell his Daughter Lady Tempest that he would send 150 l. to Dolebanke in hopes the blow would be given shortly which she seemed to like and he heard a Letter read afterwards from Cornwallis that he had received it but it was too little for the carrying on so great a Design That he was a Protestant when he came first to the Prisoner's Service and turn'd Papist about VVhitsontide 1675. and left his Service in good Friendship July the 1st 1678. and turn'd Protestant again in June 1679. when he first made this discovery Mr. Mowbray deposed that he came to lie with Sir Tho. Gascoyne the beginning of 1674. and used to wait upon him in his Chamber and to be diligent in attending Mr. Rushton his Confessor at the Altar who therefore permitted him to be present in his Chamber where he heard him and other Priests discoursing in 1676 of a Design laid for setting up Popery and how likely it was to succeed most of the considerable Papists in England having engaged to act for it and if it could not be done by fair means force must be used declaring that London and York must be fired and that the King in Exile had promised the Jesuits beyond Sea to establish their Religion whenever he was restored which they now despaired of and therefore he was adjudged an Heretick and was to be killed and Rushton told the other Priests that according to Agreement he had given the Oath of Secresy and the Sacrament to the Prisoner and his Son and Daughter who had engaged to be faithful active and secret That about Michaelmas there was another meeting of these Priests and others where they declared that the King was an Heretick and that the Pope had excommunicated him and all other Hereticks in England Scotland and Ireland and that force was to be made use of And then did Rushton produce a List of about 4 or 500 Names of them that were engaged in the Design of killing the King and promoting the Catholick Religion which Rushton read over among which were the Names of the Prisoner Tho. Gascoyne Esq the Lady Tempest Mr. Vavasor Sir Francis Hungast Sir John Savile the two Townleys Mr. Sherborn and others and he knew the Prisoner's Name to be writ by his own hand They declared also that the Pope had given Commission to put on the Design with speed and had given a plenary Indulgence of 10000 Years for all that should act either in Person or Estate for killing the King and setting up Popery in England besides a Pardon and other Gratifications That the Priests that used
That the Defendant was Guilty of the Perjury whereof he was Indicted which being Recorded The Ld. Ch. Justice gave it his Approbation â—o which the rest of the Judges assented and then the Court arose THE next day being Saturday May 9 1685 the Prisoner was again set to the Bar having also been arraigned upon another Information of Perjury which did set forth that he being a Witness for the King at the Trials of Ireland and the five Jesuits did therein swear that Ireland was in Town the 1st and 2d of September and between the 8th and 12th of Aug. 1678. and that he had forsworn himself in both Instances to which he had pleaded Not Guilty The Jury therefore sworn were Sir Thomas Vernon Kt. Nicholas Charlton Es q Thomas Langham Es q Thomas Hartop Francis Griffith John Kent George Toriano Henry Loades John Midgley John Pelling Thomas Short George Peck To whom the Information being read Mr. Phipps opened the same and Mr. Attorn Genopened the Evidence And then the Records of the two Trials were produced and admitted And then Mr. Thomas Harriot vvho vvas Foreman of the Jury at the Trial of the five Jesuits deposed That Dr. Oates vvas a Witness thereat and swore that Ireland took his leave of him and others at the said Ireland's Chamber between the 8th and 12th of August 1678. And Mr. Rainsford Waterhouse being another of the Jury at the same time deposed the very same Then Mr. Foster a Jury-man at Ireland's Trial deposed That the Prisoner also was a Witness then and swore that the said Ireland vvas in Town the 1st or 2d of September 1678 for he had then 20 s. of him And Mr. John Byfield another of the same Jury deposed the same To prove it false then Mrs. Ann Ireland deposed That on Wednesday July 31. being St. Ignotius's day her Mother and She and Brother were invited to Mr. Gifford's at Hammer smith that She and her Mother staid all Night but her Brother refused that on Saturday following August 3. 1678. she took leave of him he going then out of Town to the Lord Aston's House in Hartfordshire in order to go thence into Staffordshire that in his absence once one Mrs. Eagleston lodg'd in his Room her Maid falling sick and that he returned not till just a fortnight before Michaelmass Mrs. Eleanor Ireland deposed the very same saying he return'd Septemb. 14 before his Trial whereat she was a Witness but not suffered to speak what she knew Then Mrs. Duddle deposed also the same Evidence about his being out of Town And the like did Mrs. Ouino his Taylor 's Wife who brought him home some Clothes that had been mended but Saturday Morning he went and she saw him in his Boots and he took Horse as his Servant had testified at the Bull-Inn in Drury-lane Then the Ld. Aston deposed That Mr. Ireland came to his House at Staenden in Hartfordshire on Saturday Night August 3. 1678. and went with him on Monday to St. Albans where they met with his Brother and Sister Southcoat and thence travelled to Tixhall where they arrived on Thursday following Ireland as he believes being all this time in his Company Then Sir Edward Southcoat deposed That he came to the Lord Aston's Aug. 4. 1678. that the day following Mr. Ireland travell'd with them to St. Albans where they met with his Father and Mother and lay all Night at the Bull Inn that the next Night they lay at the George in Northampton and on Wednesday Night at the Bull in Coventry and the next came to Tixhall Mr. Ireland being with them all the Journey and staid with them there till the Tuesday following Aug. 13. And then they went to Nantwich and lay at the Holy-Lamb and the next day came to Holy-Well and lay at the Star and the next day came to Chester and return'd the next day after to Tixhall again being Friday August 16. Mr. Ireland still travelling with them That afterwards he cannot positively say how long Ireland was at Tixhall only that he remembred him there the day of Mr. Chetwin's Race with Sir Henry Gough and on a Thursday upon the Bowling-Green at Tixhall But he came back with them from Tixhall the 9th or 10th of September the first Night to the Bull in Coventry the next to the Altar-stone at Banbury the next to Agmondishman and the next to his Father's House in Kingston where his Brother bought Mr. Ireland's Horse of him being Thursday and the Saturday following Ireland went to London Septemb 14. Then Mr. John Southcoat Sir Edward's Brother who bought Ireland's Horse deposed the same things being with them all these Journeys After him one Harrison Sir John Southcoat's Man who likewise travell'd with them and was the Man that went with Ireland to London and brought back his Horse deposed the very same George Hobson a Servant of the Lord Aston's deposed That he also was these Journeys and saw Ireland every day that after they return'd from Holy-Well to Tixall he saw him again on August 26. and on the day he return'd thence for London which was Septemb. 9. 1678. George North another of my Lord's Servants deposed That he travell'd at the same time in Mr. Ireland's Company from Standen to Tixhall and that he saw him again at Tixhall after his return from Holy-Well and particularly on Septemb. 9. he then going back for London Richard Ingletrap the Hackney Coach-man a Protestant deposed that he travell'd also from Standen to Tixhall with Mr. Ireland and saw him August 13. when he set out for Holy-Well Andrew Wetton another Protestant deposed that he travelled from Tixhall to Holy-Well and so back again to Tixhall in Mr. Ireland's Company looking after his Horse and saw him that day he set out for London Thomas Sawyer deposed that Ireland was at Tixhall from Aug. 8. to Aug. 13. and came again Aug. 16. and went for London Semptemb 9. following Frances Allen one of the Lord Aston's Maids who wash'd Ireland's Linnen and look'd to his Chamber while he was at Tixhall deposed that he came to Tixhall Aug. 8. 1678. and went for Holy-Well the 13th and returned thence the 16th and went away the next day she delivering him the Linnen he carried with him and saw him several times afterwards at Tixhall professing her self a Protestant also Then Mrs. Jane Harwell deposed that Mr. Ireland came to her House in Wolverhampton Aug. 17. as from Tixhall and was every day there till the 26th when he return'd as she supposes to Tixhall again He came to her again Sept. 4. following and staid till the 7th when he went away for good and all That hearing of his Trial and what he had been accused of in December following she sent an Express at her own Charges to London to a Friend with a Petition to the King that they might bring in Witnesses to prove this Upon which his Execution was staid about five Weeks and they hoped for a second Trial but could not obtain
it Mr. William Rushton a Papist deposed that he saw Ireland in Wolverhampton from the 18th of August to the 25th every one of the days except the 23d whence he went to Litchfield Mrs. Katherine Wingford deposed that she also saw Ireland from August the 18th to the 25th sometimes at Mrs. Harwells and sometimes at her Father's House in Wolverhampton Mr. William Stanley deposed that he saw Ireland in Wolverhampton on Aug. 18 19 20 21 24 and 25 and entertain'd him twice at his own House Mrs. Dorothy Purcel swore she saw him also in the same Town on August the 18th to the 23d but would give no Circumstance whereby she might remember so particuâ—â—rly those days Then one Scot swore that he look'd to his Horse while he was in that Town and that he staid there about a Fortnight but could not 〈◊〉 particular as to the time Then Mr. John Stamford deposed that he also saw Mr. Ireland in the same Town from Aug. 18 to 25 having known him ever since 1675. Mrs. Katherine Fowler Mrs. Harwell's Daughter swore that she saw Ireland at her Mother's House from Aug. 17 till the 27th 1678. seeing him every day except the 23d when he went to Litchfield to the Fair. Mr. Gifford swore he saw him every day there from Aug. 17 to the 26th 1678. Mrs. Elizabeth Gifford swore she saw him all those days but two Elizabeth Keeling Mrs. Harwell's Maid swore she saw Ireland Aug. 17. till he went away except three days she was absent at her Mother's Funeral And she saw him again at her Mistresses from the 4th of September to the 7th 1678. Mr. Richardson an Apothecary in Wolverhampton and a Protestant deposed that he saw a Gentleman whom Mrs. Harwell told him was Mr. Ireland on Aug. 19. in that Town 1678. Mrs. Eleanor Graves deposed much the like as to seeing Ireland at that time there and that she moreover went with him Aug. 23d to Litchfield and return'd back with him that Night again her Uncle Winford being with them Then Sir Thomas Whitegrave a Justice of Peace in Stafforâ—â—â—â—re and a Protestant deposed that he saw Mr. Ireland on the 29th of August 1678. upon Tixhall Bowling-Green Mr. VVilliam Fowler a Papist deposed that he saw Ireland at Tixhall Aug. 10. 1678. and on the 27th at the Horse Race at Etching-Hill and on the 29th upon Tixhall Bowling-green where he saw Sir Thomas VVhitegrave also with him Mr. Howard swore also that the saw Ireland at the Horse-Race and again afterwards at Bellamore where he dined that time Then Mr. Drayton a Servant to the Lord Gerrard's Father deposed that he also saw Ireland at the Race and at Tixhall Aug. 29. when he went home with Mr. Heveningham to Aston where he saw him the next day and on the 31st a Hunting with his Master and Sept. 1. at Mr. Gerrard's of Hildersham Sir James Simmons deposed that he saw Ireland at the Horse-Race also and on Tixhall Bowling-Green Aug. 29. and that he came to Aston that Night with his Father Heveningham but he going the next day to Pancrass Fair left him Mr. Green who belonged to Sir James Simmonds deposed he saw Ireland at the Horse-Race Aug. 27. 1678. and the next day on Tixhall Bowling-Green which Night he came to Aston and saw him a Setting there the next day and the next day a Hunting Then one Fallas a Servant of Mr. Heveingham's and a Protestant deposed that Ireland came to his Master 's on Aug. 29. and the next day Fish'd and Sett and the next day Hunted and then went away he looking to his Hors while there Then John Proctor a Servant to Mr. Lowes and a Protestant deposed that he saw Ireland at his Master 's at Fulford on Aug. 31. 1678. and the next day at Esq Gerrards at Hildersome Then Mr. John King deposed that he saw Ireland at Hildersome Sept. 1. 1678. where he was all Night and the next day at Millage where he dined designing for Boscobel that Night Then Francis Lee a Servant to Mr. Gerrard deposed that he saw Ireland at his Masters Aug. 31. where he staid two Nights and went with him thence to Millage where they dined and then went to Pancrass with him for two hours and then Ireland went to Boscobel Then Mr. Biddolph swore that he dined with Ireland at his Aunt Crompton's at Millage Sept. 2. 1678. Mrs. Crompton her self deposed that Mr. Ireland dined at her House that day her Nephew Biddolph did but could not remember any otherwise the time Mrs. Palmer swore she also dinned with Ireland at Millage but could neither tell when nor who were there Mrs. Holmes swore she saw Ireland at Millage the beginning of Septemb. 1678. on a Monday Mrs. Gifford swore she saw Ireland at Pancrass Sept. 2. 1678. about four or five in the Afternoon Then Mr. Pendrel depos'd that Ireland lodg'd at his House at Boscobel on Sept. 2. 1678. and went the next day but one to Black-Ladies to Mr. John Giffords Mrs. Pendrel swore the very same Mr. Charles Gifford swore Ireland at his Father's House at Black-Ladies on Sept. 4. 1678. coming to see one Madam Wells there where he staid an hour and half and so went for VVolverhampton And thus was proved where Ireland was from Aug. 3. to Sept. 14. After which Dr. Oates began his Defence urging the great Hardship he lay under after six Years time to be put to disprove what was now offered against him many of his Witnesses being since dead and gone beyond-Sea and many Passages forgot by him besides that the Dispute was only about a bare Circumstance of Time when-as the Substance of his Evidence about the Plot was not assign'd as any Perjury at all and that this very Testimony was look'd upon as a Trick only to catch the Evidence and was judg'd invalid at the Trials of Ireland and the five Jesuits Urging also the Testimony of Bedloe at Ireland's Trial vvhich amounted to the same as his Mr. Blaney testifying it upon Oath as also Mr. Jennison's about Ireland's being in Town in August saying what Charges he had been at to find out Mr. Jennison and Sarah Pain who gave the same Evidence but could not calling for many Witnesses whom he had Subpaened but not one appeared Complaining therefore of his hard Usage He proceeded to sum up what more he had to say protesting the Truth of what he had deposed the little belief this Testimony formerly had and the Interest of Papists concerned now to bring it thus against him saying That he was confident had he been a Witness in any other Cause he might have had fairer Quarter And did verily believe that at this rate it vvas more safe for Papists to be Traitors than for any Protestant to discover a Popish Plot. Begging that Counsel might be assign'd him to argue the Errors in Yesterday's Indictment and a Weeks time to prepare and to withdraw because of his present Illness all vvhich vvere granted him And then Sol.