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
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
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
Meeting at Harcourt's Chamber and Ireland Grove and Pickering was there And that this was the later End of August Mr. Ireland did make his Defence as much as he could to prove That he was not in Town from the Beginning of August to the Middle of September and brought divers Witnesses But upon his denying to be here the later End of August Mr. Oats did come and swear I am certain says he that the First or Second of September he was in Town for then I had of him Twenty Shillings Oats Was I positive that he was here in Town the First or Second of September Mr. Foster You were positive Sir to the First or Second I have it in my Notes in Writing Lord Ch. Just He tells you It is in his Notes And therefore he 's sure you said so Mr. Att. Gen. In the Printed Copy if it be right there is mention made of the word Positive Lord Ch. Just I think that is in August between the 8th or 12th he was positive Oats Did I say these Words I was Positive Mr. Waterhouse I say you affirmed That he was in Town the First or Second of September Lord Ch. Just It is not necessary that you should use the word Positive The Question is Whether it was positively affirm'd Mr. Just Withins Was not that true that you said Did not you affirm a Positive Truth Oats My Lord I 'll tell you the Reason why I ask the Question because I have forgot my self whether I us'd the Word or no and therefore I ask for my own Information now Lord Ch. Just Well ask for what Reason you will you have receiv'd an Answer to your Question and upon my Word he gives a notable Evidence Says he Bedloe had sworn a Treasonable Practice by Ireland in the later End of August Then Ireland comes and makes his Defence Says he That cannot be for I was out of Town at that time I was not in London all August nor the Beginning of September Then come you in to support the Testimony of Bedloe and swear That he was in Town the First or Second of September for then he gave you Twenty Shillings And so you come to rivet the Matter that was sworn before by Bedloe Oats My Lord what I swore was Truth Lord Ch. Just That is now to be tryed Mr. Att. Gen. We have another of the Jury here Mr. John Byfeild Pray swear him VVhich was done Mr. Sol. Gen. Well Sir What did you hear Oats swear at that Tryal Mr. Byfeild I heard the same that they have testifyed before Lord Ch. Just But you must tell us what that was Mr. Sol. Gen. Were you a Jury-man at that Tryal Mr. Byfeild Yes I had a Summons to the Old-Bayly Lord Ch. Just But What did Oats swear That 's the Question Mr. Byfeild Mr. Oats did positively assert That Ireland was here in Town the First or Second of September and to confirm it he said He receiv'd of him Twenty Shillings Mr. Att. Gen. Now my Lord we shall go to our Evidence to prove That all this is absolutely false For Ireland went out of Town into Staffordshire and did not return till after the Ninth of September And for this we call Anne Ireland Who was sworn Mr. Sol. Gen. Mrs. Ireland Pray where did you take your Leave of your Brother Mr. Ireland who was Executed in Summer 1678. and when Mrs. A. Ireland I took my Leave of him the Beginning of August Mr. Sol. Gen. What Day in August do you remember Mr. A. Ireland The Third of August Mr. Sol. Gen. Where was it Mrs. A. Ireland In my own Lodging Lord Ch. Just Where was your Lodging Mrs. A. Ireland In Russel Street Covent-Garden Lord Ch. Just Now tell us again the time when it was Mrs. A. Ireland It was on Saturday-morning as I remember the Third of August the Saturday after St. Ignatius Day Lord Ch. Just How come you to remember so particularly thas it was then Mrs. A. Ireland Because upon St. Ignatius-Day we were invited to Mr. Gifford's at Hammersmith my Brother my Mother and I were invited to stay all Night But my Brother refused to stay because Lord Ch. Just Which Brother What was his Name Mrs. A. Ireland William Ireland Lord Ch. Just Did they stay there Mrs. A. Ireland No my Lord my Brother came home on foot but we stay'd all Night Mr. Att. Gen. Here is an Almanack of that Year And the Third of August was on a Saturday Mrs. A. Ireland He said He could not stay because he was to go into the Country upon Saturday I ask't him Why he would set oâ—… on Saturday And says he I 'll go to Standen there I shall meet with my Lord Ashton and his Family and have an Opportunity to go with him into Staffordshire Lord Ch. Just She says He went out of Town on Saturday after St. Ignatius-Day which was Saturday the Third of August But there being a Discourse between her and her Brother why he should make Choice of a Saturday which she thought it seems was an inconvenient Day to take a Journey on And upon that her Brother made Answer again That that Night he would only go to Standen to my Lord Ashton's House where he should meet with Company to go along with him into Staffordshire Mr. Att. Gen. What Day of the Week was St. Ignatius-Day Mrs. A. Ireland St. Ignius-Day was on a Wednesday Lord Ch. Just What Day of the Month is St. Ignatius-Day Mrs. A. Ireland It is either the Last Day of July or the First of August Lord Ch. Just Look on your Almanack if you have any one of that Year Mr. Attorney Mr. Att. Gen. We have no such Saint in our Almanack Mrs. A. Ireland It was as near as I can remember the Third of August that he went out of Town Mr. Sol. Gen. The Third of August at that time was on a Saturday Lord Petre. St. Ignatius-Day is always the last Day of July my Lord. Mr. Att. Gen. In this Almanack another Saint has justled him out and that is Bishop German Lord Ch. Just And in my Almanack a third has justled them out both but my Lord Petre says it is always the last of July and that was 〈…〉 Wednesday that year Mrs. A. Ireland I remember it was 〈◊〉 Wednesday Lord Ch. Just And you are sure he went out of Town the Wednesday after Mrs. A. Ireland Yes I am sure he went out of Town then for I ask'd him Why he would go on a Saturday and he told me he would go but to Standen that Night Mr. Sol. Gen. And that does hold according to the Computation to be the third of August Oats My Lord she is not positive in this that he went out of Town the third of August Mr. Att. Gen. Yes but she is for she saies that she was the Wednesday before which was St. Ignatius day with him a little way out of Town Lord Ch. Just And that it was Saturday
out of Town on the Wednesday and stay'd out all Night and lay at Home but Two Nights and then went away But now when I put her in mind to take care what she said she swears She is sure the Sister lay out but she is not sure of Ireland's lying out But she is positive he went away on the Saturday the Third of August and return'd not till a Fortnight before Michaelmas Oats My Lord I humbly conceive she having once sworn false Lord Ch. Just Ay but she immediately Recollected her self Oats By what Token does she remember it to be the Third of August Lord Ch. Just She said before It was the Saturday after St. Ignatius-Day which was on a Wednesday the last of July And he went then out of Town She call'd it by the Name of Recreation Oats Was it the Saturday after St. Ignatius-Day Mrs. Duddle Yes it was And I had not remembred it but that it was upon that Holy-Day Oats This is a Roman Catholick I suppose my Lord. Lord Ch. Just I cannot tell What Religion are you of Mrs. Duddle I am a Roman Catholick my Lord. Mr. Jennison knows what I say to be true Oats Were you a Witness in any of the Tryals at the Old-Bayly Mr. Duddle I was in the Court but was not called Mr. Sol. Gen. What say you Mrs. Quino When did Mr. Ireland go out of Town Mrs. Quino I must say the same It was the Third Day of August on a Saturday Lord Ch. Just How do you know that it was on a Saturday the Third of August Mrs. Quino By the same Reason that she speaks I mark'd that other Day he went out of Town and he came again and his Mother stay'd there that Night And he went on Saturday-Morning out of Town I know it very well For my Husband was his Taylor and he had somewhat to alter in his Cloaths and I brought it immediately after it was done Lord Ch. Just Are you sure he went out of Town that Day Mrs. Quino He went out of the House and as I take it he went out of Town Lord Ch. Just Did he say He was to go out of Town Mrs. Quino He had his Boots on and took Horse at the Bull-Inn in Drury-Lane Lord Ch. Just How do you know it Mrs. Quino Because his Servant that was there has testify'd it Mr. Att. Gen. Now swear my Lord Aston Which was done We 'll bring Ireland now upon the Third of August at Night to my Lord Aston's House at Standen Mr. Sol. Gen. Pray will your Lordship give my Lord and the Jury an Account when Mr. Ireland came to your House and how far he Travelled with you afterwards Lord Aston My Lord being in Town I was spoke to and desir'd that Mr. Ireland might have the Opportunity of going in my Company down into Staffordshire which I consented to I went out of Town as I remember the later End of July 1678. and this same Mr. Ireland came to me at my House in Hartfordshire at Standen upon the Third of August at Night Lord Ch. Just What Day of the Week was that my Lord Lord Aston As I remember it was Saturday and in the Evening Lord Ch. Just How long did he stay with your Lordship Lord Aston My Lord I stay'd till Monday at Standen and upon Monday he went in my Company to St. Albans which was the Fifth of August Mr. Att. Gen. Whether then did you go my Lord Lord Aston There I met with my Brother and Sister Southcoat Lord Ch. Just Sir John Southcoat you mean my Lord. Lord Aston Yes my Lord. And thence in Four Days we went to my House at Tixhall Lord Ch. Just Did Mr. Ireland travel with you all the Way Lord Aston I cannot charge my Memory my Lord that he did so as particularly to swear it But there he came into my Company sometimes at Tixhall but I cannot tell the particular Days Nor could I speak positively in those things that I have spoke to now but that I find in my Note book that at that time he did come to my House at Standen and did go with me to St. Albans Mr. Att. Gen. Pray my Lord Did he go along that Journey to Tixhall with you Lord Aston I cannot say positively that Mr. Attorney but I have a general Notion that he did Nor could I testifie this so positively I say but by Notes that I have of things at that Time Where I have only writ down these things concerning Mr. Ireland that he came the 3d. of August to my House at Standen That on Monday we went together to St. Albans and there met us Sir John Southcoat and my Sister his Wife and thence I went to Tixhall and there I arriv'd the 8th of August which was Thursday Lord Ch. Just My Lord I ask you this Question You say you have a general apprehension that he did go with you to Tixhall Pray did he come with you to Standen for that purpose to go with you to Tixhall Lord Aston I had no business with him at all but he desired the opportunity to go down in my Company into Staffordshire Lord Ch. Just Pray my Lord do you remember you saw him within four or five dayes after at Tixhall Lord Aston To name particular dayes I cannot but that I saw him several dayes about that time at Tixhall I am sure Oats My Lord you say that Sir John Southcoat went with you to Tixhall Lord Aston Yes he did so Oats My Lord I would ask this Nobleman Whether he was at the Tryal of the five Jesuits or the Tryal of Ireland Lord Aston No my Lord I was not Oats Then I would ask my Lord If he saw Mr. Ireland Executed Lord Aston No I did not Oats Then I would ask him this Question Whether the Ireland that was Executed be the same Ireland he speaks of Lord Aston Amongst those that knew him well I have been told it was the same Oats That is but hear-say my Lord He does not speak of his own knowledg Lord Ch. Just For that matter I suppose you 'l produce some other Ireland Mr. Oats If it was not the same Mr. Att. Gen. Was it this Mrs. Irelands Brother that was here a Witness now Lord Aston He was so reputed and so looked upon Lord Ch. Just That is all one If any body should ask me if you were the same Mr. Oats that was at St. Omers I should say I heard so and it would be very good Evidence unless some one else were produc'd Oats My Lord I submit I will be directed by the Court in any thing that is fair and not injurious to my defence Lord Ch. Just We will not direct you in any thing that 's foul but pray keep to those questions that are pertinent Oats Are you sure Ireland went the whole Journey with you my Lord Lord Aston I did answer that I have but a general notion of it he came to me for that purpose Oats
Then my Lord is not positive he went with him into Staffordshire Lord Ch. Just No he is not but I would ask you this Question My Lord Aston do you believe he went with you to Tixhall Lord Aston I make no doubt of it I would pawn all I have in the World upon it only I cannot swear it because I have it not in my Notes as I have those two other dayes Mr Just Withins Do you like him the worse because he is Cautious Mr. Oats Oats No Sir I do not But pray my Lord ask him because it is a Question here about a point of time Whether he remembers that within eight or ten dayes he saw Ireland at Tixhall Lord Aston I cannot say any thing to as that Mr. Att. Gen. Swear Sir Edward Southcoat Which was done Lord Ch. Just I thought you had called him Sir John Southcoat Mr. Att. Gen. Sir John is sick and cannot be here Oats I suppose my Lord Aston is a Roman Catholick Lord Ch. Just Ay that all the World knows very well but I tell you what Mr. Oats I observe he is not so easy in giving his Oath nay he is wonderful cautious in Swearing I speak it for his commendation not as his fault he is not very forward at swearing Mr. Just Withins Well What do you ask this Gentleman Mr. Attorney Mr. Att. Gen. We desire Sir Edward Southcoat would give an account whether he met Mr. Ireland at my Lord Astons And when Sir Edward Southcoat I was with my Lord Aston in his Company Lord Ch. Just When was that Sir Sir Edward Southcoat The 4th of August I saw Mr. Ireland at my Lord Astons Lord Ch. Just Was it the same Ireland that was afterwards Tryed and Executed Sir Edward Southcoat It was the same Ireland that was commonly reported I did not see him Executed Mr. Att. Gen. Was it the same that was Reputed to be this old Gentlewomans Son Sir Edward Southcoat Yes It was Lord Ch. Just Pray Sir go on with your Evidence Sir Edward Southcoat Upon Monday we began our Journey to Tixhall and went that night to St. Albans where we met my Father and Mother and thence we continued on our Journey the next day Lord Ch. Just Was he with you there that day you went to St. Albans Sir Edward Southcoat He was with us I Remember very particularly It was hot weather and my Lord Aston invited him into the Coach for before he was Riding by the Coach side and there I remember a particular discourse that he and my Lord Aston had from thence we went on to Northampton and came the Tuesday night Lord Ch. Just Was Ireland with you there Sir Edward Southcoat Ireland was with us there Oats My Lord I did not well observe what this Gentleman said Lord Ch. Just Pray mind your business your self he speaks plain enough go on Sir Sir Edward Southcoat Mr. Ireland was with us I say my Lord all the Journey and I do Remember it particularly by a pretty Horse Mr. Ireland Road upon and I had a dispute with my Cousin who should buy him I took particular notice every day of him as he rode by the Coach and Conversed with him every night in the Inn. We went I say from St. Albans to Northampton on the Tuesday from Northampton we went to Coventry on the Wednesday and from thence to my Lord Astons at Tixhall on the Thursday Lord Ch. Just Come let us go by degrees Was Mr. Ireland with you when you went from my Lord Astons at Standen to St. Albans Sir Edward Southcoat Yes he was Lord Ch. Just You say it was a hot day when you set out And my Lord Aston did invite him into the Coach Sir Edward Southcoat Yes my Lord he came into the Coach on Monday which was the first day we set out and came that night to St. Albans Lord Ch. Just You lay there that Night Sir Edward Southcoat Yes my Lord. Lord Ch. Just Where did you lie there Sir Edward Southcoat At the great Inn at the Bull. Lord Ch. Just Ay That is the great Inn. Sir Edward Southcoat The next night my Lord we came to Northampton Lord Ch. Just. Where did you lie there Sir Edward Southcoat We lay at the signe of the George it was Sir William Farmers House but made use of for an Inn because the Town was Burnt down Lord Ch. Just Was Mr. Ireland with you all that day Sir Edward Southcoat He rode with us all the day Lord Ch. Just And you took notice of it because of his Horse you say Sir Edward Southcoat Yes he had a very pretty Horse my Lord and my Brother bought the Horse of him after we came back again Lord Ch. Just Whether went ye the next day Sir Edward Southcoat The next night we lay at the Bull in Coventry and from thence on Thursday we arrived at my Lord Astons at Tixhall Mr. Att. Gen. My Lord the Jury desires to know what he sayes For they have not heard it Lord Ch. Just He sayes Mr. Ireland went with my Lord Aston in the Coach it being a hot day on Monday the 5th of August from Standen my Lord Astons House in Hartfordshire to St. Albans and lay there at the Bull-Inn that Night that he went the next day which was Tuesday the 6th of August with them to Northampton That he rode upon a pretty Horse which makes him Remember it particularly and that there was a dispute on the Road who should buy him and when they came back his Brother bought him He says they lay on Tuesday night at Northampton at the George which was a Gentlemans House which was turn'd into an Inn because of the Fire That we went with them the next day to Coventry which was Wednesday the 7th of August and lay with them that night at the Bull in Coventry and the next day which was Thursday the 8th they came and Ireland with them to my Lord Aston's House at Tixhall in Staffordshire Mr. Att. Gen. Pray Sir Edward Southcoat How long did he stay with you at Tixhall at my Lord Astons Sir Edward Southcoat He staid with us there till the Tuesday after and then we began our Journey from my Lord Astons House in Tixhall into Wales to St. Winifreds Well Lord Ch. Just That is Holy-Well you mean Sir Edward Southcoat Yes my Lord. Lord Ch. Just You say he stayed all Fryday Saturday Sunday Monday and till Tuesday after you came to my Lord Astons at Tixhall Sir Edward Southcoat Yes my Lord he did so Mr. Att. Gen. So then my Lord we are gotten to Tuesday the 13th of August which is past the time of the Perjury that is laid second in the Indictment but in point of time is the first that happen'd for he swore that Ireland took his leave of him and others here in Town between the 8th and 12th of August Mr. Sol. Gen. Where did you go on Tuesday Sir Sir Edward Southcoat Towards Wales Mr.
Jones Was he at Tixhall the 12th of August Lord Ch. Just He sayes he was there till Tuesday the 13th Pray let us not have the same questions repeated over and over against Mr. Sol. Gen. Where did you go on Tuesday night Sir Edward Southcoat We went to Nantwich and lay at the Holy-Lamb there Lord Ch. Just Where were you the next night Sir Edward Southcoat The next day we reached to St. Winifreds Well Lord Ch. Just Where did you lie there Sir Edward Southcoat At the Star which is the great Inn there Lord Ch. Just It is so Mr. Att. Gen. Was Mr. Ireland there with you Sir Edward Southcoat Yes he was Mr. Att. Gen. Whether did ye go then Sir Edward Southcoat We staid not but one day at Holy-Well for we arrived there pretty late at Night and all the Morning we spent there and went away in the Afternoon and came that Evening to Chester and lay there only one night and came the next day to Tixhall again Mr. Att. Gen. Which was Fryday the 16th of August Mr. Sol. Gen. Pray my Lord be pleased to ask him Whether this Gentleman Mr. Ireland was with them all the while in this Journey to Holy-Well Sir Edward Southcoat Every day particularly I Remember it very perfectly Mr. Att. Gen. After he came to Tixhall again How long did he tarry there Sir Edward Southcoat That I cannot so well say I do not remember truly but he was afterwards at my Lord Astons at Tixhall I remember some scambling daies but I can six upon only two Lord Ch. Just Which are they Sir Edward Southcoat I cannot tell what day of the month it was or what day of the Week but one day that I remember him there was Mr. Chetwin's Race with Sir Henry Gough and one other day Lord Ch. Just. When was that Horse-Race Sir Edward Southcoat My Lord I cannot tell what day of the Month it was Mr. Att. Gen. When was the other time you speak of Sir Edward Southcoat I remember him there one Thursday up 〈…〉 the Bowling-green at Tixhall where there was a particular Company Mr. Sol. Gen. My Lord We desire to know when his Brother did buy the Horse of Mr. Ireland Sir Edward Southcoat When we came back for he came home with us from my Lord Astons and we began our Journey the 9th or 10th of September from Tixhall to Kingston and when we arriv'd at my Fathers House my Brother bought the Horse of him Lord Ch. Just Did you come home back again with Mr. Ireland do you say Sir Edw. Southcoat Yes my Lord we did Lord Ch. Just When did you set out from Tixhall Sir Edw. Southcoat The Ninth of September my Lord I think it was I am sure it was upon a Monday the Ninth or Tenth Lord Ch. Just When did you come home Sir Edw. Southcoat We were Four Days on our Journey Lord Ch. Just And did you come straight to London Sir Edw. Southcoat No we went to my Father's House in Surry Lord Ch. Just Which way did you come Sir Edw. Southcoat The First Night we came to the Bull in Coventry and from thence the next Night we went to the Altar-Stone at Banbury and from Banbury we came the Third Day to Agmondishman I think it is called a little Town in Buckinghamshire And from thence the Fourth Day to my Father's House by Kingston in Surry Mr. Att. Gen. And then Ireland sold his Brother his Horse Lord Ch. Just How long was he at your Father's House in Surry Sir Edward Sir Edw. Southcoat My Lord we came on the Thursday and as I take it he went on the Saturday to London My Brother after he had bought his Horse lent him the Horse to Town and sent a Man with him to bring it back again Mr. Att. Gen. That Saturday my Lord makes it come just to the Fourteenth of September and is the very Day Fortnight before Michaelmas-Day Oats My Lord I desire to ask this Gentleman Whether he saw Ireland all August and till the Fourteenth of September in Staffordshire and elsewhere and How long in Staffordshire Sir Edw. Southcoat I cannot say as to any particular Days of the Months after our Coming from Holy-Well till our Coming from Tixhall to London Lord Ch. Just Marry if he did he would contradict what he had said before For from the time of Coming from Holy-Well to the time of Coming back to London he could tell but of Two Days and those uncertain For he remembers not by the Times but by other particular Circumstances Oats Pray my Lord be pleased to ask him this Question When was the First Day he saw him in September Sir Edw. Southcoat Truly my Lord I remember not any Day before we began our Journey home Mr. Att. Gen. But my Lord this is his Testimony He was in his Company till the Sixteenth of August It is true there were other times that he saw him at Tixhall but he cannot particularly speak unto them But by and by we shall go on to every Day and prove particularly where he was Oats My Lord I desire to know Was Sir Edward Southcoat at the Tryal of Ireland a Witness or no Sir Edw. Southcoat No I was not my Lord. Oats Were you at Whitebread's Tryal Sir Sir Edw. Southcoat Yes I was and gave the same Evidence I give now Mr. Sol. Gen. Then swear Mr. John Southcoat Which was done Mr. Att. Gen. This is Sir Edward Southcoat's Brother my Lord. Lord Ch. Just What he that bought the Horse Mr. John Southcoat Yes my Lord I bought the Horse of Mr. Ireland Lord Ch. Just Well what do you ask him Mr. Att. Gen. Pray Sir When did you meet Mr. Ireland in August 1678 And where Mr. John Southcoat My Lord I met with Mr. Ireland upon Monday the Fifth of August at the Bull-inn in St. Albans with my Lord Aston I came thither that Day with my Father 〈◊〉 Mother And the next Day we went to Northampton and there we Inn'd at the Sign of the George Sir William Farmer 's House which is an House in the Road us'd for an Inn since the Town was burnt And I convers'd with him every Day in our Journey And from thence the next Day we went to Coventry to the Bull-Inn there and from thence to my Lord Astons on Thursday-Night at Tixhall There we stay'd all Fryday Saturday Sunday and Monday Mr. Ireland was there I was with him all the while And then upon Tuesday we set out for Holy-Well in Flintshire and went that Night to Nantwich to the Lamb there And the next Day we went through Chester to Holy-Well We stay'd that Night at Holy-Well and the next Day came back again towards Noon to Chester and there lay that Night And then the next Night which was Fryday we came back again to Tixhall Lord Ch. Just Was Mr. Ireland with you both those Journeys all the while Mr. John Southcoat Yes my Lord he was I did see him and
rode with him every Day Lord Ch. Just Pray Sir How long were you at Tixhall after you came from Holy-Well Mr. John Southcoat We stay'd there till we came away for good and all Lord Ch. Just. Was Mr. Ireland with you all that time Mr. John Southcoat No he was not Mr. Att. Gen. Do you remember that Mr. Ireland came to Tixhall the Ninth of September and came along home with you when you came Mr. John Southcoat Yes I do remember it very well Lord Ch. Just What Day did you come home Sir Mr. John Southcoat We came home in Four days Mr. Sol. Gen. When did he leave you Mr. John Southcoat We came home upon Thursday and he went to London on Saturday Lord Ch. Just Pray Sir Can you recollect when you did first 〈◊〉 him again at Tixhall after you came from Holy-Well Mr. John Southcoat My Lord I cannot tell particularly any day till the day we came away Lord Ch. Just Do you remember the Horse Match between Mr. Chetwine and Sir Henry Gough Mr. John Southcoat I was there my Lord but I do not remember Mr. Ireland was there Lord Ch. Just How long did he stay at your Father's House in Gurry Sir Mr. John Southcoat Two Days my Lord. Mr. Sol. Gen. You lent him your Horse you bought of him I think Sir Mr. John Southcoat Yes up to London I did and I sent my Man with him to bring him back again Mr. Att. Gen. Has Mr. Oats any Questions to ask this Gentleman Oats My Lord I desire to ask Mr. Southcoat Whether or no he is sure that Ireland was in his Company from the Fifth of August to the Sixteenth Mr. John Southcoat Yes every Day I am sure of it I remember it very well Oats Pray my Lord ask him Whether or no he testifyed this that he now swears at Ireland's Tryal Mr. John Southcoat My Lord I was not at Ireland's Tryal Oats Then I desire to ask him Whether or no he did testify this at the Five Jesuite's Tryal Mr. John Southcoat No I was not sent for to any of the Tryals Lord Ch. Just I am sorry you were not Sir 'T was pity you were not there It might have sav'd some Innocent Blood Mr. Att. Gen. Now swear Harrison Which was done Mr. Sol. Gen. Pray will you give an Account when you saw Ireland and where Harrison In the Year of our Lord 1678. my Master Sir John Southcoat went with my Lady on Monday the Fifth of August to St. Albans and we came with a Coach and Four Horses For my Master-had an old Servant that had a pair of Horses which my Master made use of And there we met my Lord Aston in the Company of Mr. Ireland And the next Morning my Lord Aston went with my Master and Lady towards Tixhall And I rode by in Mr. Ireland's Company and came acquainted with him that Day That Night we came to Northampton and there we Inn'd at a Stone-House that was us'd for the Inn the Town being burnt before The next Night we went to Coventry and on Thursday we came to Tixhall there we stay'd till Tuesday After when we went to Holy-Well and the Tuesday-Night we lay at Natwich And thence we went to Holy-Well and stay'd there on Wednesday Night And on Thursday we came to West Chester and I parted with him upon the Fryday at West-Chester Mr. Att. Gen. Pray did you know this Ireland Was it he that was Tryed and Executed Harrison I was at Mr. Ireland's Tryal Lord Ch. Just Was it the same man that was Tryed Harrison My Lord I saw him at his Tryal the hair of his face was grown and he was a little disordered he did not look so well because he was not so well dress'd but it was the same man my Lord. Mr. Sol. Gen. Before this Man goes we have more questions to ask him When did you see him again after you left him in Chester you say Harrison I saw him several times at Tixhall I saw him at the Bowling-green upon a Thursday and I saw him when the Horse-Race was between Mr. Chetwin and Sir Henry Gough I cannot tell what day it was for I had no reason to keep an account of the particular dayes at that time Mr. Att. Gen. Did you come up with your Master again the 9th of September Harrison My Lord I did so I have a Note wherein I set down the charges at that time It is in this bit of paper which I have kept in my Almanack ever since My Lord Aston sent his Coach with us to Banbury where my Masters Coach was to meet him but came only to Conventry the first night The next Night which was Tuesday we came to the Altar-Stone at Banbury and there we lay From thence on Wednesday we came to Agmondisham where we were Ill Lodged The next day we baited at Vxbridge and came to Kingston and so to Sir John Southcoat's House upon the Thursday night Upon the Fryday Mr. Ireland sold his Horse to Mr. John Southcoat my Masters Son Upon the Saturday morning I came with him from my Masters House towards London he did ride upon the Horse he had sold to Mr. Southcoat and so we came up to Town and took Water and I took a little bagg that belonged to Mr. Ireland upon my arm and we landed at Somerset-House and I came with him to his Lodging in Russel-street and when he came there he went up stairs where were two Women met him and welcom'd him home Said they We are glad you are come we thought we had lost you because we had never heard from you all this while There I took my leave of him and did not see him again till his Tryal at the Old-Baily and this was Saturday the 14th of September Lord Ch. Just Pray let me see your paper you speak of Which was delivered in and the Court look't upon it Lord Ch. Just Did you write this in your Journey Harrison Yes my Lord I did write it at that time Mr. Att. Gen. Are the particular dayes inserted there my Lord Lord Ch. Just No they are not Mr. Attorney Harrison I could not write well it was only but Memorandums for my self Lord Ch. Just What day of the Month was the Saturday he came to Town Harrison It was the 14th of September my Lord. Lord Ch. Just That agrees with all that the Women said that he came on Saturday a fortnight before Michaelmas being the same day of the Week as Michaelmas-day was Thus far it is as clear as the Sun at Noon-day Oats My Lord There was a time when this was not believ'd Lord Ch. Just Ay Mr. Oats we know there was a time when there were Ignoramus Juries and things were believed and not believed as the humour went What can you Mr. Oats say to it I must needs tell you Prima Facie 'T is so strong an Evidence that if you have any sense in the World you must be concern'd at it
Oats Not at all my Lord I know who they are and what is the end of it all Lord Ch. Just Upon my Faith I have so much Charity for you as my fellow-Creature as to be concerned for you Oats 'T is not two straws matter whether you be or no I know my own Innocency Lord Ch. Just Thou art the most obstinately hardened Wretch that ever I saw Oats Pray my Lord ask him whether he did not appear at Mr. Ireland's Tryal and let it be remembred what Credit he had then for all this story he tells now These People come here to serve a turn only and care not what they swear against me Lord Ch. Just You must hold your Tongue Oats My Lord. I must speak the truth and I will speak the truth Lord Ch. Just I think there is scarce a word of Truth comes out of thy mouth Oats You may think what you will my Lord But these Popish Traytors I am sure will swear any thing and subborn Witnesses upon Witnesses against me and to overthrow the Plot. Mr. Just Withins If you cannot behave your self better than you do we must send you elsewhere we must not suffer this Behaviour And therefore either be quiet or get you gone Lord Ch. Just Let him keep himself in order and we 'll hear him If he think by Boisterous Impudency to out-face Justice we will not suffer it Go on Mr. Attorney Mr. Att. Gen. Swear Mr. George Hobson Which was done Mr. Sol. Gen. Were you in the Journey to Tixhall with Mr. Ireland and my Lord Aston in 78 Hobson Yes I was so my Lord. Mr. Sol. Gen. Pray tell all your Knowledg of that matter Mr. Hobson From the 3d. of August till the 16th at night I was present with him every day Lord Ch. Just How do you know you were Hobson That is to say the 3d. of August he came to my Lord's House at Standen in Hartfordshire in the Evening and there he remained till Monday the 5th of August and that day in the morning he went together with other Company to St. Albans where we met Sir John Southcoat and his Lady towards the Evening and we all Lodged there because that was the appointed place to meet at We Lodged the 6th of August at night at Northampton upon the 7th at Coventry upon the 8th at Tixhall my Lord's House where Mr. Ireland remain'd till Tuesday the 13th in the Morning And upon the 13th in the morning we set forth with my Lady Aston my Lord's Mother and Sir John Southcoat and Mr. Ireland and the other Company towards a place called Holy-Well in Flintshire That night being Tuesday the 13th of August we Lodged at Nantwich in Cheshire the Wednesday night we Lodged at Holy-well where Mr. Ireland was with the rest of the Company and on Thursday night we returned back again to Chester and lay there Upon Friday we came back again to my Lord's House at Tixhall After that I did not see Mr. Ireland till Monday the 26th of August when he came back again to our House Where he went in the mean time I cannot tell Lord Ch. Just Whose House is it that this man means by our House Hobson I mean my Lord Aston's House at Tixhall Lord Ch. Just You knew him very well did not you Hobson Yes my Lord I knew him very well Lord Ch. Just You say he came back the 26th of August to Tixhall Hobson Yes as I remember he did so Mr. Att. Gen. How long after the 26th of August was it that you saw him at Tixhall Hobson When he went away for London Mr. Att. Gen. When was that Hobson The 9th of September Lord Ch. Just Did you come a long with him to London Hobson No my Lord I see him go he was not in the Coach but he was in the Company Oats My Lord I would fain ask him a question When he was first acquainted with Mr. Ireland that he speaks of Hobson I never saw him till he came to my Lord Astons at Standen Oats Were you at the Tryal of Mr. Ireland Sir Hobson No my Lord I was not I was then in Staffordshire Oats Then it is material my Lord for me to ask him this Question it relating to a particular Person whether Ireland that was Executed was the Ireland he saies he was with Lord Ch. Just I will ask him if you will Was that the same man that was afterwards Tryed and Executed Hobson I believe it was my Lord. Oats I insist not so much upon the question but only in reference to the Witness his acquaintance being so short with him Lord Ch. Just Truly I think it is not so very short for he swears he was with him from the 3d. of August till the 16th every day Mr. Just Withins I have no great Acquaintance with you but I know you Mr. Oats because I have seen you so often Lord Ch. Just Is it the same Ireland that was at the Tryal You Harrison you saw him then Harrison The very same and no other Mr. Just Withins Certainly no Body doubts that Lord Ch. Just 'T is fit he should have his Question answer'd if the Witness can Pray go on Mr. Attorney Mr. Att. Gen. Swear George North. Which was done Pray Will you give an Account where you met Mr. Ireland and whether you were with him in his Journey North. My Lord I saw him the Fourth of August which was Sunday at Standen my Lord Aston's House in Hartfordshire Upon the Fifth he went with my Lord to St. Albans where my Lord met with Sir John Southcoat and his Lady and I was with them And from thence we went on Tuesday to the George at Northampton And from thence on Wednesday the Seventh to the Bull at Coventry And upon the Eighth we came to Tixhall which was Thursday And from Thursday the Eighth to Tuesday the Thirteenth I did see him every Day at my Lord's House at Tixhall Lord Ch. Just Whither went he then North. He went with my old Lady and some other Company to go to Holy-Well Lord Ch. Just When did you see him again North. I did see him several times after that at Tixhall But I took no particular Notice of him again till he went away for London Lord Ch. Just When was that North. I did see him the Ninth of September He came to go with Sir John Southcoat to London Mr. John Southcoat and he I took my Leave of him Oats What Religion are you of Sir North. I am a Catholick my Lord. Oats I desire to know how he comes to remember this so well North. I waited at the Table and he was every Day at Dinner with my Lord. Oats Were you at the Tryal of Ireland a Witness North. No indeed my Lord I was not Mr. Att. Gen. Swear Richard Ingletrap Which was done Mr. Sol. Gen. Pray will you give an Account whether you knew Mr. Ireland and where you saw him Ingletrap The First of August my Lord I was ordered
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
Council will consent Oates My Lord I will then produce what he swore at another Tryal L. C. J. Why where is he is he dead Oates My Lord It has cost me a great deal of money to search him out but I cannot any where meet with him and that makes my case so much the harder that I cannot when I have done all that man can do get my Witnesses together I sent in the depth of Winter for him when I thought my Tryal would have come on before but I could never hear of him L. C. J. We cannot help that Oates Will what he said at any other Tryal be Evidence here L. C. J. Look you though in strictness unless the party be dead we do not use to admit of any such Evidence yet if you can prove any thing he swore at any other Tryal we will indulge you so far Oates Have you the Record of Sir George Wakeman's Tryal there Sir Samuel Astry Mr. Att. Gen. Here it is if Mr. Oates have any use for it we will lend it to him L. C. J. Put it in and now prove what you can what Jennison swore at that Tryal Oates Mr. Blayney have you your Notes of Sir George Wakeman's Tryal here Mr. Blayney No Sir the Ticket of your Subpoena did onely mention Ireland Whitebread and Langhorn's Tryals But I did formerly upon another occasion look for the Tryal of Sir George Wakeman but could not find it among all my Notes Oates Sir Can you remember then what Jennison swore at that Tryal about Ireland's being here in Town Mr. Blayney Truly my Lord I can never trust my memory at all when I take Notes and it is now so long since that Tryal that I dare not undertake to say I remember any particulars of it L. C. J. He says it is so long since that he cannot remember any thing But there is Sir Edmond Warcup now is he sworn Cryer Yes My Lord. L. C. J. What do you ask him then Oates I would desire to Examine Sir Edmund Warcup my Lord about the Deposition of Jennison that he took L. C. J. But we tell you that cannot be admitted as Evidence without they will consent to it on the other side Oates My Lord He proves Mr. Ireland here the 19th of August and that contradicts these Witnesses L. C. J. If they will admit it well and good else we cannot do it Mr. Att. Gen. My Lord we will be so fair with Mr. Oates if he will admit Mr. Jennison's Letter that is under his hand wherein he does own that he was mistaken in his whole Evidence about that matter we will consent his Deposition be read Mr. J. Withens If he will not consent to that there 's no reason you shall consent to the other Mr. Attorney L. C. J. Look you Mr. Oates Mr. Attorney makes you this Offer You desire to have Mr. Jennison's Depositions read which cannot be done without their consent they tell you they will consent if you will let them prove what he has own'd since about that Business Oates My Lord I will consent with all my heart let them read any Letter under his hand L. C. J. Well do it on both sides by consent And now Mr. Oates do you produce his Examination Oates Pray Sir Edmund Warcup will you please to give the Court an account what Deposition Mr. Jennison made before you about Ireland's being in Town in August 78. Sir Edmund Warcup If my Lord commands me I will L. C. J. Ay you must answer his Question Sir Edm. Warcup This Mr. Jennison did make one Information before me and according to the duty that was incumbent upon me I delivered it in to the King and Council and there it has lain ever since for me to remember the particulars of it is impossible L. C. J. Have you his Examination here Mr. Oates If you have shew it him Sir Ed. Warcup If I see my hand to it attesting it was sworn before me I can say somewhat to it Oates My Lord he says he delivered it into the Council but it is printed L. C. J. That is no Evidence man Sir Ed. Warcup I can say nothing to it unless I saw it under my own hand Oates That is impossible for me to have my Lord. L. C. J. I cannot tell how to help it Sir Ed. Warcup You have no more to say to me Sir have you Oates No Sir I have not Pray call Sarah Batten Mr. Att. Gen. Is that the same that was Sarah Pain Oates I think so Sir I am not sure it is she till she come hither Cryer Here is Sarah Batten Oates Pray swear her and call Sir Thomas Doleman which was done but Sir Thomas Doleman did not appear Oates Pray was not your name Sarah Pain Batten My Lord I desire my Charges before I speak L. C. J. What is your name good woman Batten My name is Sarah Batty Oates Was not your name Sarah Paine once Batty No my maiden name was Sarah Edmunds Oates Was not you a Witness at the Tryal of Mr. Ireland Batty No Sir Oates Did you not live with my Lord Arlington Batty No Sir Oates Then I have been at all this charge for nothing Are you sure your name was not Sarah Paine Batty No indeed Sir Oates They told me that she liv'd at Vxbridge and thither I sent Batty I do live at Vxbridge Sir Oates Upon your Oath were you a Witness at any of the Tryals or no Batty No my Lord I was not Oates Then I have nothing to say to her L. C. J. What other witnesses have you to call Oates VVe have labour'd all we could to find her out and searched for her with all the care imaginable and here we thought we had had her but it seems it is not she L. C. J. VVe cannot help it Batty I hope my Lord you will consider my Charges in coming up hither Oates I will take care of thee Sweet-heart L. C. J. VVho do you call next Oates Pray call Mr. Charles Clare Cryer He is not here Oates Pray call Mr. Percivel My Lord I desire Mr. Blayney may give an account what she swore about Ireland's being in Town seeing I cannot have her here L. C. J. That we cannot do neither without Mr. Attorney will consent for this as well as the other is an extraordinary thing Oates You see by my bringing this VVitness my Lord that I have done what I could to find her out L. C. J. VVhat say you Mr. Attorney will you consent Mr. Att. Gen. No my Lord it is so irregular that we cannot consent to it Oates Pray call Mr. Percival and Mr. Vaughan Cryer They do neither of them appear Oates Then I must lose the benefit of her Testimony L. C. J. Have you done Oates No my Lord I will have done immediately L. C. J. Take your own time Oates I desire Sir Michael Wharton may be called Cryer He is not here Oates Pray call Mr. Charles Chetwin Cryer He
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
saw him not again tell a fortnight before Michaelmas And that he did go out of Town upon the Third of August is further prov'd by my Lord Aston who noted it down in his Book at that time that Ireland came to his House at Standen in Hartfordshire so that here is as strong an Evidence as can be that he did go on the Third of August and that they remember it to have so been by all the Circumstances that can be imagin'd Well the Third of August he went out of Town The Fourth of August we give an account where he was He stayed that day with my Lord Aston at Standen The Fifth of August he set out with my Lord Aston's Company and went to St. Albans The Sixth he went to Northampton The Seventh to Coventry The Eighth to Tixhall and the Company that went with him proves it which was Sir Edward Southcoat and Mr. John Southcoat and Harrison and Hobson who saw him go in the Company and Mr. North who saies he saw him every day and Ingletrap the Coachman that drove the Coach all these remembers it positively and some of them speak of a remarkable pretty Horse which he rid upon Now when he comes from Tixhall for we have brought him hither by manifest proof by men that could not forget by men that saw him in the Company There he remained as they all testifie till the Thirteenth of August and that was the Tuesday after his Arrival at Tixhall and from thence he went that day a Journey into Flintshire to Holy-Well and that is proved by the Witnesses that were in his Company in that Journey They tell you the Thirteenth he lay at Nantwich The Fourteenth at Holy-Well The Fifteenth at Chester And the Sixteenth he came back again to Tixhall And so here you have abundance of Witnesses that give you a particular account where he was in what Company they say him from the Third of August to the Sixteenth If he were then in this Company from the Third to the Sixteenth he could not be in his Chamber in Russel-Stâ—…t between the Eighth and the Twelfth Then we came to the Seventeenth and then we find him to be at Wolverhampton where he continued to the Twenty-sixth and that it must be between the Seventeenth and the Twenty-sixth is plain For after that time which Mrs. Harwell speaks of the other Witnesses gives such Circumstances that it cannot be otherwise You find him on the Twenty-seventh at a Horse-Race which is a remarkable Circumstance And these are things that men do very well remember what dayes of the month they happen upon We then give you an account of the Twenty-nineth that at Tixhall he was seen in Company upon the Bowling-Green with Persons of Quality Sir Thomas Whitegrave and others So we give you an account where he Lodged The Twenty-eighth he was at Bellamore the Twenty-nineth he went to Mr. Hereninghams there he Lodged till the First of September and this is remembred by particular Circumstances that he went a Fishing and a Setting and a Hunting Then the next day which is the First of September and the next day after the Second of September they saw him at Mr. Gerrards he din'd upon the Second at Mrs. Cromptons and lay at Boscobel there he continued the Third and the Fourth he came to Wolverhampton again So that this shewes that what Mrs. Harwell did speak of was true for if Mrs. Harwell did see him as 't is not at all doubted but she did It must be in that interval of time between the Sixteenth and the Twenty-seventh where we give you an account of him by other undeniable Circumstances that he Lodged at other places and could not Lodge at her House in Wolverhampton Besides Gentlemen the particular Circumstances that they do remember him by proves it to be on those Days Mrs. Harwell gives her positive Oath That he did come there the Seventeenth and lay there every Night to the Twenty sixth which was on the Monday Seven-night after and that he came again the Fourth of September after and lay there till the Seventh Then there is Rushton another Witness that saw him at her House the Eighteenth Nineteenth Twentieth Twenty first Twenty second and Twenty fifth And I say 〈◊〉 must be those Days because we have given an Account by other Witnesses of all the other Days And it must be that very Time that Oats speaks of For it was the Summer before Ireland was Apprehended and Executed for the Plot which was Michaelmas 1678. Mrs. Winford she remembers him at Wolverhampton the Eighteenth Ninteenth Twenty second and Twenty fourth Stanley remembers the Eighteenth and Ninteenth And if you ask him How he remembers it He tells you by a Circumstance that most Men would remember He buried his Child that Day and entertain'd Ireland with the Provision for the Funeral Now Men usually remark such Accidents as these for that is a thing a Man cannot forget that has any Concern in the World for those that are so nearly related to him And therefore such Circumstances must of necessity evince the Truth of what he speaks because it is brought to his Mind by an Accident that cannot be forgotten Mrs. Purcel which is the next Witness And she remembers to have seen him the Eighteenth Ninteenth Twentieth Twenty first Twenty second and Twenty third for she remembers the last of them was the Day before Bartholomew-Day which was a remarkable Day Then there is another Man that look't to his Horse whil'st he was there but his Memory will not serve him to speak to any particular Time He only evidences that he was there and the other Witnesses speak to the Time Mr. Stamford he remembers it to be at that Time because he saw him on the Sunday after the Assumption of our Lady which is always the Fifteenth of August And the like says Mrs. Gifford These Circumstances verifies her Testimony And Mr. Gifford remembers he came on the Seventeenth Day And he saw him every Day till the Twenty sixth Day And Mrs. Fowler who is Mrs. Harwell's Daughter She remembers he came the Seventeenth Day and she was in his Company every Day till the Twenty sixth except one Day when he went to Litchfield that was the Day before Bartholomew-Day which was Fryday Mrs. Keeling she swears That upon the Seventeenth Day he came there which was Saturday She saw him on the Sunday and on the Monday and went on the Monday in the Afternoon to the Funeral of her Mother Which is another Circumstance that she must needs remember and by that has the Remembrance of the Day of the Month when he was there And she return'd back again on Thursday and heard him that Day but did not see him But she saw him every Day after till he went away And she remembers his going away was upon the Twenty seventh And she remembers likewise that he return'd the Fourth of September after Mr. Richardson he proves That he saw him
upon the Ninteenth Day of August at Wolverhampton as he was told It was he And being ask't When he was told so He says Mrs. Harwell told him so sometime before he was Apprehended So that she could not tell it him then to serve a turn And he is a Protestant too So is likewise Eleanor Graves Who gives you an Account that she saw him there on the Twentieth Twenty first and Twenty second and on the Twenty third she went to Litchfield with him And upon the Twenty fifth she supp'd with him at Mr. Winford's Now Gentlemen you have a full Account of it even to a Demonstration That he must be in these Places at this Time if you will believe one thing that is That these Witnesses saw him at all And sure none can doubt but these Witnesses did upon the Circumstances they have testified see him in August and September And then it must be those particular Times that they speak of At Wolverhampton then you have him to the Twenty sixth The Twenty seventh Day you have an Account of him at the Horse Race at Etchin-Hill The Twenty eighth Mr. Howard gives you an Account he din'd at at Bellamore at Mr. Aston's The Twenty ninth you find him at the Bowling-green at Tixhall And from thence to Mr. Hereningham's where he lodg'd that Night and stay'd there the Thirtieth Which is prov'd by the Circumstances of Fishing in the Morning and Setting in the Afternoon And the next Day which was Saturday the Thirty first you hear he was at the Killing of a Buck where Mr. Gerrard was expected but Sickness prevented his coming And you have him the First of September which was Sunday at Mr. Gerrard's House where several of the Witnesses did see him And besides one Proctor tells you He saw him the Thirty first of August at Fulford at Mr. Lowe's And he very well remembers that to be the Time by a remarkable Circumstance For says he the last Day of August I went to pay some Money which is a thing Men are generally very punctual in and when I came Home again I found him there And he swears he saw him at Mr. Gerrard's House the First of September the Day after Mr. King remembers he saw him at Mr. Gerrard's of Hildershame the First of September and that he din'd at Mrs. Crompton's the Second of September and stay'd there till Two of the Clock in the Afternoon And went from thence with an intent to go to Boscobell Lee says He saw him at Mr. Gerrard's House and at Mrs. Crompton's That he din'd there and went from thence to Pancrass and from thence to Boscobell Mr. Biddulph remembers he din'd with him on the Second of September at his Aunts and that by this Circumstance He was desir'd by my Lord Cullen to see an Horse-Race in Northamptonshire and promised my Lord Cullen to come Which Horse-Race is always on a certain day the First Thursday in September and that Year it happen'd to be the Fifth of September And it was the Monday before that he din'd at his Aunts And because of his Promise to my Lord Cullen he would not stay all Night And so it must be the Second day of September that he saw him there Mrs. Crompton says It was the same day that her Nephew Mr. Biddulph din'd there For he was a Stranger and she never saw him before nor after And there is another Gentlewoman Mrs. Palmer that swears He din'd at Mrs. Crompton's but she cannot tell the particular Time when Mrs. Gifford saw him at Pancrass between the Hours of Four and Five in the Afternoon upon the Second of September And Lee went along with him to Pancrass and from thence he went to Boscobell Mr. Pendrell says He saw him the Second of September at Night For he came to his House Which agrees with all that the other Witnesses say which was That he intended to go to Boscobell that Night He and his Wife both testifie That there he lodged upon the Second of September and stay'd there the Third of September and went from thence the Fourth to Black-Ladies Where Mr. Gifford tells you he din'd And we have given you an Account before where he was the Fourth at Night For then he was return'd to Wolverhampton and there he lodg'd to the Seventh of September And after the Seventh of September though we do not give you a positive Evidence That upon the Seventh of September at Night or upon the Eighth he was at my Lord Aston's Yet we have given you that which amounts almost to a Demonstration That he must be there upon the Eighth of September For he went from thence with Sir John Southcoat to go towards London on the Ninth And our Evidence is the more Credible because they swear cautiously all of them Unless they remember some remarkable Circumstance they will not take upon them to fix upon a particular time Then Gentlemen we give you an Account by the Persons that were in his Company where he was every day all along from the time he left Tixhall down to the time he came to Sir John Southcoat's House in Surry And this Journey took up the Ninth Tenth Eleventh and Twelfth of September There are Four days and he stay'd there one day Then he sold Mr. Southcoat his Horse Mr. Southcoat lent him his Horse to come to Town and the next day he did come to Town And so we have brought him to Saturday the Fourteenth of September And now let all the World be judge if there be any possible Room left that any one Word Mr. Oats has said can be true even giving him the Latitude of Time that he himself desires and says All Witnesses must be allow'd No there is not one Minute for him wherein he can be verified in any one Tittle of his Evidence as to Ireland's being in Town And this is that which I call and sure well I may so call it a Demonstrative Proof That what Oats did swear is utterly false Gentlemen The Jury had not this Evidence at the Tryal of Ireland Some they were that went out of the Town with him and some One or Two of Wolverhampton were at the Five Jesuites Tryals but not above Five or Six in all of these Forty odd that now appears True indeed it is all these were not there and Ireland upon that unfortunately suffer'd for so I may take Leave to say It was Vnfortunately Mr. Oats has said one thing unto you which he lays much stress upon He would have you look upon it as a great hardship That this Prosecution comes so late and that it is strange after Six Years time spent this should not be set on foot But Gentlemen I cannot but with much sorrow remember to you and I know you all remember it too well That there was a time when the City of London was so far Corrupted that it was become a Refuge and Sanctuary for High-Treason when there was no Justice to be had for
there should be such Villains upon Earth as impudently to Swear downright Treason against their fellow-Subjects if there were no Truth in the Accusation That was the thing that guided those Juries who were all of them no doubt very honest men and that was it which influenc'd the Parliament to do what they did in the matter For it was morally impossible to be thought any such Wickedness could be so publickly attempted But God be thanked the Eyes of all honest and understanding Men are opened And we see the Fault was in our Credulity and that these were Fellows should not have been believ'd And it concerns us when the Truth has been so debauch't and our Credulity so imposed upon to shew the World our just Resentment thereof And this I say to you Gentlemen with a purpose to vindicate those Persons who were Concern'd as Jurors in the Tryals of all those Causes because that is the thing much harp'd upon and aim'd at That because he was believed before to dis believe him now would cast a Reflection upon the Juries whereas if that Opinion hold never will there be any such thing as Perjury detected so long as the Sun and Moon endures For if a Verdict be obtain'd upon false Testimony and it shall be enough for the Witness to say I was believed at such a Tryal and therefore pray do not you ofter to Prosecute me for Perjury That would be the finest Doctrine that could be taught to give a License to destroy all Truths Justice and humane Society Therefore I leave it home upon you Upon your Consciences be it for in the Presence of the Great God of Heaven and Earth that sees all our Hearts and will Judge us for our inward Thougths at the last day Liberavi animam meam If you can find all these Persons in number Fortyseven Guilty of wilful down right malicious and corrupt Perjury then you must Acquit the Defendant For the particulars of the Evidence which abound in many material Circumstances in point of Time and Place I shall run them over as short as I can and re-mind you of them not because I think it extraordinary necessary as though there were the leaft doubt of the Fact but for the Satisfaction of all mankind that are not under Invincible prejudice against the Truth And I am sure upon yesterdays Business there remained not any doubt with any that heard it save one who I know had a great share in the Design that was at the bottom of it and I doubt was one of those Persons that set this Villain on Work his Name may be concealed for the present but a few dayes will discover it here or in some other place Gentlemen What Mr. Attorney or Mr. Soliciter General or any of the King's Council have said or what the Defendant has said for himself if not proved and made plain by Evidence is to be no Guidance at all to you who are only to go according to the Testimony given to you for that is pursuant to your Oath which Oath is the Rule of your Enquiry The Witnesses that prove that he did swear so in both the points in the Indictment I need not mention they were so full they tell you he swore that Ireland was in Town from the Eighth to the Twelfth of August but because he fixed upon the Eighth at first there was Caution given him Be not so precise to a day consider with your self Then comes he to Stabb the business to the quick and to Rivet it home If I cannot be positive to the Eighth I will be positive between the Eighth and Twelfth And as to the other point I did observe before that because Bedloe was at a stand upon Irelands denying his being in Town the latter end of August or the beginning of September Therefore comes Oats up again to six it home And sayes he I am sure he was in Town the First or Second of September because he gave me Tweâ—ty Shillings That he swore this is testifyed by three Gentlemen who were Jury-Men at those Tryals Now that this is notoriously false false to a tittle and as Mr. Soliciter does observe not the least time left to give any sort of Countenance to what he swore is thus made out to you First You are to take notice that upon the Third of August being Saturday it is sworn by three or four Witnesses That he went out of Town and this is not sworn as Mr. Oats gave his Evidence positively without Circumstances but they give you an account how they remember it because upon the Wednesday before which was a publick day of note among them and alwayes kept as a Festival in memory of St. Ignatius upon the last day of July as both they and Mr. Oats himself do affirm there went Mr. Ireland Mrs. Anne Ireland and their Mother out of Town to a Friends house to dinner Mrs. Ireland did desire him to stay there all night as she did No. sayes he I cannot stay all night because I must go out of Town on Saturday and I must provide things necessary for my Journey Nay that is not all for it goes yet further Sayes his Sister unto him Why do you begin your Journey on a Saturday that is an improper day Oh! sayes he I do it because I am that night to go to my Lord Astor's House in Hartfordshire where I am to meet with Sir John Southcoat and go down with them into the Country This does the Mother swear and the Sister and then the Maid servant and the Taylors Wife do give you another token That it was Saturday the Third of Augrst because he had something to be mended in his Cloaths and stay'd for them and he was to go out of Town for he had his Boots on There is yet this Circumstance further wherein those four do all agree That as he went out of Town the Third of August so he did not return till the Furteenth of September for they say it was the Saturday fortnight before Michaelmas and the same day of the Week that Michaelmas-day was of So that you will find that there is a constant proof and as plain a one as any possible can be in the World as to the time of his going out and coming home And where he was in the mean time proved directly by a great Company of Witnesses excent one day For you see the Third of August he went to my Lord Astons at Standen Several there are that saw him there the Fourth and din'd with him there particularly Sir Edward Southcoat And to shew that it is not a thing they are positive in and swear it roundly without Consideration they give you an Account of the Reasons of their Knowledge You are to consider also the Testimony given by my Lord Aston a Person of great Honour and Quality Sayes he Tho' I dare venture all I am worth in the World upon the Truth of it that Ireland did go along with
me all the Journey yet because I did not take such particular notice of the rest of the time as I did of those two dayes I will not take upon me to swear it If Mr. Oats had had the Fortieth part of that Caution in his Evidence I dare say you had not had the trouble of this dayes Tryal The Fifth you have a great many Witnesses who give you an account that he came on Monday night to St. Albans with my Lord Aston there is Sir Edward Southcoat Mr. John Southcoat my Lord Aston the Goachman and all the Servants Sir Edward tells you that Monday was a hot day and my Lord Aston took him into his Coach but he rode a Horse-back all the rest of the way and had a fine going Horse which Horse Mr. John Southcoat bought of him when the whole Journey was ended They tell you likewise upon the Sixth and Seventh dayes the very Inns they Lodged at upon the Road and particularly at Northampton they lay at the George which was Sir William Farmers's House which was then lett to an Inn-Keeper because of the Fire in that Town And which is most material of all for Mr. Oats's satisfaction you have for these times no less than four Witnesses that are Protestants of the Church of England who give you the same account There are in all no less in number than Fourteen to this point and whether you will belive those Fourteen to be witlfully perjured without Evidence to the contrary is left to you And if they do swear true Oats that was Yesterday found Perjured must be Convicted of Perjury again to day For in short the Question is Whether you will believe Persons of Credit that have no stain upon their Reputation or Oats that upon plain Evidence was found Guilty of Perjury Yesterday When we come to Tixhall we have no less number that testifie where he was from day to day and from night to night to the Seventeenth and from the Seventeenth to the Twenty-sixth You have Fifteen Witnesses more all as direct and positive as can be in the World Swearing where he was from time to time It seems he came to Tixhall Thursday the Eighth there he stayed till Thursday following and then he went to Holy-Well he lay the first Night at Nantwich the next Night at Holy-Well at the sign of the Star a Notorious Inn there he came to Chester on Thursday and some of the Company left him there but others came back with him to Tixhall who say he went away on Saturday-morning which happens to be the Seventeenth And thus you have a full account of him quite from the Third to the Seventeenth beyond all Contraversie plainly proved by Persons of undoubted Credit And if he were where they say he was from the Third to the Sevententh How could Oats swear true that he took his leave of him here in Town between the Eighth and Twelfth Now let us come from the Seventeenth to the Twenty-sixth and you have no less than Fifteen Witnesses four whereof are Protestants which I urge not as a necessary qualification to be a Witness but to answer Oats's Objection as tho' this was a Popish design to destroy him They have given you an account where he was from time to time by convincing Circumstances which you have heard particularly of one day that he went to Litchfield one of the Witnesses went with him and a Protestant Witness too that came back with him again and supped with him at her Fathers House The Apothecary tells you the day that he saw him was a Wake-day which is a remarkable time in the Country You are told of the Funeral of one Womans Mother that made her stay away from Monday till Thursday Of another Mans Child I mention them but shortly to you because I know you have taken Notes of them and they are only used as Inftances to manifest the Integrity of the Witnesses that this was not a thing contrived on purpose to make a story of but did really happen in the Order they tell it And I must remember you of another Circumstance Some of them do swear that whereas Oats had a mind to evade their Testimony by that Question Whether this was the same Ireland that was Tryed It was most certainly he for that is made too evidently to appear by their seeing him Executed at Tyburh I am sorry to say Innocently From the Third of August to the Twenty-sixth there is not one night but you hear where he was And from the Twenty-sixth of August to the Seventh of September you hear where he was at the Horse-Match upon the Bowling-Green at Mr. Hereninghams Mr. Lowes Mr. Gerrards Mrs. Cromptons Mr. Pendrells Mr. Giffords and Mrs. Harwells And from the Seventh to the Fourteenth save only one day viz. the Eight you have a particular account too and it does not appear by a rambling Evidence but a Faithful account is given of all the time save that Eighthday which shews the Caution of the Witnesses And it cannot but be easily presum'd he was either at Tixhall or thereabouts because he was at Wolverhampton the Seventh coming to London the Nineth How easy is it to imagin him there the Eighth and the rather because where he was the Eighth is not material to the point in Question before you but where he was the First and Second And Gentlemen If in Case you had a mind to imagine he was the Eighth at London it must be by a strain'd imagination for you must take him to be at Wolverhampton the Seventh and make him Ride Post to London that Night and return Post from London the Eighth to Tixhall to be ready there early in the morning upon the Nineth to take four dayes Journey back again or else you cannot give the least countenance to any other imagination but that he was about Tixhall the Eighth of September Well at Tixhall you have him the Nineth of September and from thence you have it testified by all the Persons that came along with him all the way that he lay one Night at Coventry another at Banbury a third at Agmondisham That he Baited at Vxbridg the Fourth which was the Twelfth of September and came to Sir John Southcoats's House that Night being Thursday He stayed there Thursdaynight and Fryday and upon Saturday the Fourteenth of September Sir John Southcoates's Man went along with him to London whither he Rode upon the Horse he sold Mr. Southcoat the Man saw him at his Lodging and he sayes they wondred when he came in that he had stayed so long And then we return to the Four Witnesses they begun with at first who makes all this Testimony to stand well together That he went away the Third of August and was never in Town till the Fourteenth of September And every Day but the Eighth of September which makes nothing to the Business is particularly spoke to And he must be there that Day too except you will put him
behalf of our said late Lord the King upon the Tryal aforesaid upon the Indictment last aforesaid And he the aforesaid Titus Oats then and there at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session to wit at the Parish and Ward aforesaid was duly sworn upon the Holy Gospels of God to speak and testify the Truth the whole Truth and nothing but the Truth of and in the Premises in the Issue aforesaid last mentioned so as aforesaid joyned between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner And that the said Titus Oats then and there at the Session aforesaid last mentioned in the Justice-Hall aforesaid in the Court of the same Session upon his Oath aforesaid upon the Indictment last aforesaid by his own proper Act and Consent of his most wicked Mind falsly voluntarily and corruptly did say depose swear and give in Evidence to the Jurors of the Jury aforesaid last mentioned so as aforesaid Sworn and Empanell'd to try the Issue aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner That William Ireland one William Ireland then before Convicted and Executed for High Treason against our late Lord the King meaning took his Leave of him the said Titus Oats and others at the Chamber of the said William Ireland then being in Russel-Street a certain Street called Russel-Street lying within the City of Westminster in the County of Middlesex meaning between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth and indeed the said William Ireland did not take his Leave of the said Titus Oats or any other Persons whatsoever at the Chamber of the said William Ireland then being in Russel-Street aforesaid between the said 8. and 12. Days of August in the Year of our Lord 1678. And so the said Titus Oats upon the said Fryday the 13th day of June in the 31st Year aforesaid at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session upon the Indictment last aforesaid so put in Issue and Tryed as aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner by his own proper Act and Consent and of his most wicked Mind falsly voluntarily and corruptly in manner and form aforesaid did commit voluntary and corrupt Perjury to the great Displeasure of Almighty God in manifest contempt of the Laws of this Kingdom of England to the evil and pernicious Example of all others in the like Case offending and against the Peace of our Sovereign Lord the King his Crown and Dignity Upon this Indictment he has been Arraigned and thereunto hath pleaded Not Guilty And for his Tryal hath put himself upon the Country and his Majesty's Attorney-General likewise which Country you are Your Charge is To enquire whether the Defendant Titus Oats be Guilty of the Perjury he stands Indicted or Not Guilty If you find him Guilty you are to say so If you find him Not Guilty you are to say so and no more And hear your Evidence Lord Ch. Just Look ye Mr. Attorney my Lord Chief Justice Jones has sent to know whether you have any thing to do with him to day here Mr. Att. Gen. Not at all that I know of Lord Ch. Just Mr. Oats Do you intend to make use of my Lord Chief Justice Jones or any of the Judges of the Common-Pleas as Witnesses Oats Yesterday my Lord I did call for them to have made use of them as Witnesses Lord Ch. Just But have you any thing to say to them to day Oats I cannot tell as yet Lord Ch. Just Then my Lord Chief Justice Jones must be told That he does not know whether he shall or not Go on Sir Samuel Astry Then Proclamation for Information and Evidence was made in usual manner Mr. Phipps May it please your Lordship and you Gentlemen of the Jury This is an Indictment against Titus Oats Clerk for Perjury And the Indictment sets forth That William Ireland Thomas Pickering and John Grove in the 30th Year of the late King were Indicted of High Treason and Tryed at the Old-Bayly and at that Tryal the Defendant Titus Oats was produc'd a Witness for the King and being sworn to tell the Truth the whole Truth and nothing but the Truth did falsly voluntarily and corruptly depose and swear and give in Evidence to the Jury that did try that Cause That the said William Ireland was in Town within the Cities of London and Westminster or the Places adjacent meaning upon the First or Second day of September in the Year 1678. Whereas in truth the said William Ireland was not in Town nor within the Cities of London or Westminster or the Places adjacent upon the First or Second day of September in the Year 1678. And so the said Titus Oats hath committed wilful and corrupt Perjury And the Indictment further sets forth That upon the 13th day of June in the 31st Year of the late King Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner were Indicted and Tryed at the Old-Bayly for Treason and at that Tryal the said Titus Oats was a Witness produc'd on the Part of the King And being sworn to testify the Truth the whole Truth and nothing but the Truth by his own Act and Consent of his own most wicked Mind falsly voluntarily and corruptly did depose and swear and give in Evidence to the Jury That William Ireland one William Ireland before that time Convicted and Executed for High Treason meaning did take his Leave of him the said Titus Oats at his the said William Ireland's Chamber then being in Russel-Street between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth the said William Ireland did not take his Leave of him the said Titus Oats or of any other Persons whatsoever at his the said William Ireland's Chamber then being in Russel-Street aforesaid between the said 8th and 12th Day of August in the Year of our Lord 1678. And so the said Titus Oats did then and there commit wilful and corrupt Perjury And this is laid to be to the great Displeasure of Almighty God in contempt of the Laws of this Land to the evil and pernicious Example of all others in the like Case offending and against the King's Peace Crown and Dignity To this he has pleaded Not Guilty If we prove it we do not question but you will find him Guilty Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury Mr. Oats stands Indicted for having perjur'd himself The Instances Gentlemen that we charge him with are these First
What he swore at the Tryal of Ireland and we say that at that Tryal he did swear Ireland was in Town the 1st or 2d of September 1678. The second instance is What he swore at the Tryal of the five Jesuites and there we say he did swear That Ireland was in Town between the 8th and 12th of August and that he took his leave of him here in Town at his Chamber in Russel-street and we do charge him by this Indictment that he has forsworn himself in both Instances And that Ireland Gentlemen was neither in Town between the 8th and 12th of August nor the 1st or 2d of September And we shall make it out very evidently For Gentlemen as to the proof in this Case our Case stands thus We say That the 3d. of August 1678. Ireland went into Hartfordshire to a House of my Lord Astons and from thence went into Staffordshire I will not stand to open the Particulars where he was every day but we shall give you an account in a method very easy to be remembred and observ'd where he was till the 14th of September But one Remarkable Instance Gentlemen I desire to take particular notice of and that is the time of Pancrass-Fair which is upon the 2d of September alwayes a known day and a known place in that Country Now we have among the rest many Witnesses to prove That Mr. Ireland was there that day and not in Town And when we have proved this as we shall by a whole Cloud of Witnesses I believe you Gentlemen of this Jury will no more doubt that Mr. Oates is Forsworn in these Particulars than the Jury Yesterday did in that particular nor than I believe the whole Kingdom does by this time Mr. Sol. Gen. My Lord we shall go to our Evidence and first we produce the Records of the two Tryals of Ireland and the five Jesuites Swear Mr. Swift which was done Pray Sir put in the Records Are those true Copies Mr. Swift My Lord I examined these Records with the Originals and they are true Copies Mr. Att. Gen. Mr. Oats Will you have them Read or to save the time of the Court will you agree them Oats My Lord I consent to save the time of the Court If they shall be made use of for Evidence for me Lord Ch. Just No doubt they are Evidence for you as well as against you when they are produced here Mr. Soll. Gen. If Mr. Oats does admit the Records then shall we go on and prove what he did swear at those Tryals and for the first part of the time which is between the 8th and 12th of August we desire that Mr. Thomas Harriot and Mr. Rainsford Waterhouse may be sworn which was done Mr. Att. Gen. Mr. Harriot pray do you Remember at the Tryal of the five Jesuits was Mr. Oats produc'd and sworn as a Witness Mr. Harriot Yes he was my Lord. Mr. Att. Gen. Do you remember what testimony he gave about Ireland's being in Town and when it was he said he was in Town Mr. Harriot My Lord he did positively swear that Mr. Ireland the late Jesuite did take his leave of him the said Oats and others at the said Ireland's Chamber in Russel-street betwixt the 8th and 12th of August 1678. Mr. Soll. Gen. Were you of the Jury that tryed the five Jesuits Mr. Harriot Mr. Harriot Yes I was Foreman of that Jury Mr. Soll. Gen. What say you Mr. Waterhouse Were you present at that Tryal Mr. Waterhouse Yes I was of the Jury too Mr. Soll. Gen. What did Oats Swear at that Tryal Mr. Waterhouse He said That Mr. Ireland took his leave of him the 12th of August My Lord Ch. Just Scroggs then asked him are you sure it was the 12th And then he said He would not be positive it was the 12th but between the 8th and 12th it was I am positive upon my Oath Mr. Att. Gen. It is so in the Print too but we will now go on Lord Ch. Just But will the Defendant ask these Witnesses any Questions Oats My Lord if your Lordship please I will ask Mr. Harriot a Question Lord Ch. Just Ay do ask him what you will Oats Mr. Harriot Did I swear that he took his leave of me or I took my leave of him Mr. Harriot You swore that Ireland took his leave of you and others between the 8th and 12th of August 1678. between those two days and in that Year Mr. Just Withins It is a nice Question that of yours Mr. Oats upon my word Oats My Lord I know what reason I have to ask that Question I am sure in Perjury the Court ought to keep up the Witnesses strictly to what is laid in the Indictment Lord Ch. Just Well you have his Answer according to the Indictment Oats Pray my Lord be pleased to ask Mr. Harriot this Question whether he took Notes of the Tryal Mr. Harriot Yes I did so Sir Oats My Lord I desire to know of Mr. Harriot whether he has those Notes by him Mr. Harriot No Sir I have them not here but I have had them by me this four or five Years or more It was my manner in all the Tryals wherein I was concern'd as a Jury-Man to Read the Tryals strictly over when they were printed especially where I happen'd to have any Notes that I took at the Tryal and to compare the printed Tryal with my Notes and where I found any thing doubtful I used to put a Query upon it And this and many other things I found to be in the Printed Tryal strictly according to my Notes Oats My Lord I desire to know what Tryal he was Foreman at Mr. Harriot That of the Five Jesuites in June the 13th of June 1679. Lord Ch. Just Have you any thing to ask Mr. Waterhouse Oats Yes my Lord. Pray Sir let me ask you a Question Mr. Waterhouse Ay if you please Sir Oats Did you take Notes of that Tryal you speak of Sir Mr. Waterhouse No I did not Oats How come you then to remember this That I was so positive as to the time betwixt the 8th and 12th of August Mr. Waterhouse Because I was one of the Jury and because my Lord Chief Justice made a stop when you said 'T was the 12th of August and bid you consider And you consider'd and consider'd it and did affirm positively That it was between the 8th and 12th of August Lord Ch. Just He gives you a plain Reason for his Remembrance Oats My Lord I have done with him Mr. Sol. Gen. Then we desire Mr. Foster may be sworn VVhich was done Mr. Foster Pray will you tell what you remember Mr. Oats swore at Mr. Ireland's Tryal about Ireland's being in Town Mr. Foster I was one of the Jury at the Tryal of Mr. Ireland Mr. Pickering and Mr. Grove and I did see Mr. Oats sworn as a Witness for the King at that Tryal and so was Mr. Bedloe And Bedloe there gave Evidence That there was a
L. C. Justice He tells you he went to fetch over two young men that were Students there Oates Pray my Lord I desire to know what Religion he is of L. C. Justice What Religion are you of Mr. Stamford I am a Roman Catholick Oates I desire to know what his Profession Mr. Stamford I am a younger Brother of a good and loyal Family as any of the County of Stafford and that suffered as much as any for the late King Oates I believe if it were looked into he is somewhat else besides a younger Brother Mr. Att. Gen. Yes he says he is of a Loyal Family L. C. Justice I am sure there is such a Family in that County that were great sufferers for King Charles the First and the late King and were very instrumental in Services for the late King at his escape from Worcester But whether he be of that Family or no I cannot tell Mr. Stamford The Doctor thinks I am a Jesuite but I 'll assure him I have Wife and Children Mr. Att. Gen. Mr. Oates was about to have made him a Priest but it seems he hath a Wife and Children and so it is out of danger Mr. Soll. Gen. Pray swear Mrs. Katherine Fowler which was done Mr. Att. Gen. Did you see Mr. Ireland Mrs. Fowler at Wolverhampton in 1678 Mrs. Fowler Yes I did Mr. Att. Gen. When was it Mrs. Fowler I did see him on Saturday the 17th of August at Wolverhampton he came that day to my Mothers House where I was Mr. Att. Gen. How long did he stay there Mrs. Fowler Till the 27th which was Munday was Sevennight after I was in his Company every day in that time unless it were Friday which day they say he went to Litchfield to the Fair. L. C. Justice Is Mrs. Harwell your Mother Mrs. Fowler Yes my Lord she is and I lived at that time with my Mother L. C. Justice How do you remember this have you any Tokens that you can give us why you remember it was then Mrs. Fowler My Lord I recollected my self after Mr. Ireland's Tryal in which Mr. Oates Swore that he was hear in Town between the 8th and 12th of August that that was the very Month that Mr. Ireland was in Wolverhampton and thereupon I concluded that Mr. Oates had not Sworn true by that Recollection when it was fresh in my memory being within half a year after Oates Madam are you Mrs. Harwells Daughter Mrs. Fowler Yes I am so Sir Oates Did you not know one Mr Jennison Mrs. Fowler Which Jennison Oates Mr. Robert Jennison Mrs. Fowler Yes I do know him Oates Are you not a kin to him Mr. Fowler Yes but I am sorry to own I have such a Relation Mr. Att. Gen. Swear Mr. Gifford Which was done Mr. Soll. Gen. Did you see Mr. Ireland in Stafford-shire and when I pray you Mr. Gifford I saw him there at Wolverhampton the 17th of August 1678 and he continued there till the 26th I saw him there every day Oates Pray my Lord be pleased to ask this Gentleman whether he were at the Tryal of Ireland Mr. Gifford No I was not in Court nor examined as a Witness Oates Were you at the Tryal of the five Jesuites Sir Mr. Gifford I was there but was not examined L. C. Justice Was it every day say you that you saw him at Wolverhampton Mr. Gifford Every day L. C. Justice They say he was one day out of Town at Litchfield Mr. Gifford He was out of Town that day but I saw him Mr. Att. Gen. Swear Mrs. Elizabeth Gifford which was done Mr. Soll. Gen. You hear the Question did you see Mr. Ireland in Stafford-shire in 78. and when Mrs. E. Gifford Mr. Ireland came to Wolverhampton the 17th of August and continued there till the 26th Mr. Att. Gen. How do you remember it Mrs. Gifford By a Wake that was just hard by that was at that time and he came to my Uncles House upon the Sunday following the Assumption of our Lady Mr. Att. Gen. Did you see him every day till the 26th Mrs. Gifford I remember I did see him every day but two days that I was abroad at the Wake Oates My Lord I desire to know whether She was examined at any of the former Tryals Mrs. Gifford Yes at the five Jesuites Tryal I was Oates Were you not at Ireland's Tryal Mrs. Gifford No I was not Oates There was one Gifford examined there Mr. Att. Gen. Swear Mrs. Elizabeth Keeling which was done Mr. Soll. Gen. Did you see Mr. Ireland at Wolverhampton and when Keeling Yes my Lord I did see Mr. Ireland at Wolverhampton Mr. Soll. Gen. Pray tell when it was Keeling It was the 17th of August he came to my Mistresses House Mr. Soll. Gen. What August Keeling August before the Plot. L. C. Justice Who was your Mistress Keeling Mrs. Harewell my Lord. Mr. Soll. Gen. How long did he continue there Keeling He came on the Saturday and I saw him there till the Monday When I was sent for to my Mothers Burying I left him and Madam Dormer at Dinner and came back on the Thursday And in his Chamber I heard him discourse but I did not see him Upon the Friday he went abroad and returned again that Night Upon the Saturday I faw him and he continued there till Monday Morning and then he went away and returned on Wednesday the 4th of September and stayed till Saturday the 7th and then went away from VVolverhampton Oates I desire to know what Religion this Woman is of Keeling I am a Roman Catholick God be thanked Mr. Att. Gen. Mrs. Keeling When did Mr. Ireland return again do you say after he went first to Wolverhampton Keeling It was the Wednesday seven night after Sir Mr. Att. Gen. That was the 4th of September L. C. Justice How long stayed he there then Keeling Till Saturday in the Forenoon Mr. Att. Gen. Whither did he say he was going then Keeling He said he went to Bellamour to Dinner L. C. Justice Did you see him at any time after Keeling No my Lord I saw him no more Mr. Att. Gen. Then swear Mr. Richardson which was done Mr. Soll. Gen. Pray Sir will you give an Account when you saw Mr. Ireland and where in the year 78. Mr. Richardson My Lord I saw a Gentleman that I was informed was Mr. Ireland at Wolverhampton at a Wake which was Monday the 19th of August Mr. Att. Gen. Where did he lodg Mr. Richardson At Mrs. Harwells Mr. Att. Gen. What are you a Tradesman Mr. Richardson Yes an Apothecary in Wolverhampton L. C. Justice How many days did you see him at Wolverhampton Mr. Richardson I saw him onely one day in the Market-place L. C. Justice You did not know Mr. Ireland before Mr. Richardson But I was inform'd that was he L. C. Justice What became of that Ireland that you were informed was at Wolverhampton then Mr. Richardson I heard presently after that upon Mr. Oates's Plot he
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
my Nephew Biddolph did dine there As for the day of the Month I cannot so well tell it because when my Friends dine with me I do not use to note down the day particularly but it was I remember a pretty remarkable time for it was about Pancrass-Fair Mr. Gerrard of Hildersome came with him and Mr. Ireland being a Stranger I asked who he was and they told me it was Mr. Ireland He never was at my House before nor after he was a meer Stranger to me L. C. J. What day was it say you Mrs. Crompton It was the same day my Nephew Biddolph dined there L. C. J. Was it Munday the second of September do you remember Mr. Att. Gen. He says he was at her House at Millage that day and she says it was the same day he dined there Mrs. Crompton But I never note down the particular days when my Friends dine with me except I had particular occasion to do it as I had none at this time Oates My Lord I desire to know what Religion this old Gentlewoman is of Mrs. Crompton I am a Roman Catholick my Lord. Mr. Att. Gen. Swear Mrs. Palmer Which was done Mr. Soll. Gen. Mrs. Palmer where did you see Mr. Ireland Mrs. Palmer I was at dinner at Mrs. Cromptons at Millage where there was a Gentleman called Mr. Ireland that did dine there L. C. J. When was it Mrs. Palmer I cannot tell truly what day it was L. C. J. Who was there besides you at dinner that day Mrs. Palmer 'T is so long since I cannot remember L. C. J. Was Mr. Biddolph there Mrs. Palmer Not that I remember my Lord. L. C. J. What do you bring her for Mr. Attorney Mr. Att. Gen. She dined there that day it seems but if she cannot remember it I cannot help it L. C. J. But these kind of Witnesses do but slack your proof Mr. Soll. Gen. My Lord I think we do ever do our Business indeed Mr. Att. Gen. We have one Witness more to this point and that is Mrs. Mary Holmes Swear her Which was done Where did you see Mr. Ireland in the year 78. Mrs. Holmes I saw him at Millage my Lord. L. C. J. When Mrs. Holmes The first or the beginning of September I am sure Mr. Soll. Gen. What day of the week was it Mrs. Holmes Munday L. C. J. You have proof enough of this Mr. Attorney General Mr. Att. Gen. Truly I think so my Lord. Mr. Soll. Gen. Pray swear Mrs. Esther Gifford Which was done Mrs. Gifford when did you see Mr. Ireland Mrs. Gifford Upon the second of September 78 I saw Mr. Ireland above a hundred miles from this place Mr. Soll. Gen. Where Mrs. Gifford At Pancrass Mr. Soll. Gen. What time of the day was it Mrs. Gifford In the Afternoon about Four or Five a Clock Mr. Soll. Gen. Did he stay there all night Mrs. Gifford I cannot tell indeed Mr. Att. Gen. Swear Mr. Pendrel Which was done Mr. Soll. Gen. Now my Lord we are come to the second of September in the Evening we shall prove where he was that night and the third and then we shall return to the fourth of September when Mrs. Harwel swears he came back to Wolverhampton Mr. Hanses When did you see Mr. Ireland Mr. Pendrel Mr. Pendrel I saw him upon the second of September Mr. Att. Gen. Where did you see him Mr. Pendrel At Boscobel at my House there he lodged with me that night Mr. Soll. Gen. In what year was it Mr. Pendrel In the year 1678. Mr. Att. Gen. Was it the September before the Plot and before Mr. Ireland was Executed Mr. Pendrel Yes my Lord it was L. C. J. Did you know him before Mr. Pendrel No I did never see him before as I know of L. C. J. How long did he stay there Mr. Pendrel He stayed that night and the next day all day and went away the 4th of September to Black Ladies Mr. Soll. Gen. Whose house is that Mr. Pendrell It is Mr. John Gifford's L. C. J. You say you live at Boscobel did you hear any thing of a Letter came to your house for Mr. Ireland Mr. Pendrell Not that I know of my Lord there was not any that I remember Mr. Att. Gen. Then swear Mrs. Pendrell which was done Mr. Soll. Gen. Pray Mistriss will you give an account where you saw Mr. Ireland Mrs. Pendrell I saw him at Boscobel at the Royal Oak he came there the second day of September Mr. Soll. Gen. Can you tell what year it was Mrs. Pendrell It was the first beginning of the Plot. Mr. Soll. Gen. How long did he stay there Mrs. Pendrell He staid Tuesday and Wednesday he went to Black Ladies and so away to Wolverhampton Mr. Soll. Gen. We have but one Witness more my Lord for Wednesday the fourth of September and then we have done Swear Mr. Charles Gifford which was done When did you see Mr. Ireland Mr. C. Gifford May it please your Lordship I saw Mr. Ireland at my Fathers house at Black Ladies Oates My Lord I would ask Mrs. Pendrell a Question before she goes Whether she was not a Witness at the five Jesuits Tryal Mrs. Pendrell I was in Court but they would not suffer me to swear Oates Did she not give Evidence there L. C. J. She was examined but she could not be sworn because she came to testifie against the King in a Capital Cause Mr. Att. Gen. Pray what say you Mr. C. Gifford Mr. C. Gifford My Lord I say I saw Mr. Ireland at my Fathers house at Black Ladies and he staid there an hour and a half and went thorough Chillington and said he would go to Wolverhampton Mr. Att. Gen. What day of the month was it Mr. C. Gifford I am morally certain it was the fourth of September and so he went to Wolverhampton as I am informed He came to our house to see a Lady that was there L. C. J. What Lady was it Mr. C. Gifford It was one Madam Wells Mr. Soll. Gen. Thus my Lord we have lodged him the fourth of September at Wolverhampton when Mrs. Harwell says he returned to her and so my Lord we have given an account where he was from the third of August to the 14th of September Mr. Soll. Gen. We have prov'd where he was every day in that time but onely the 8th of September and for that we must leave it to the Jury We have proved that he came away from Mrs. Harwell's the 7th and said he was to go to Tixhall and the ninth he did go from Tixhall in Sir John Southcoates company and came to London the 14th L. C. J. Well what say you to it Mr. Oates Oates Has Mr. Attorney done his Evidence my Lord Mr. Att. Gen. We shall call no more Witnesses unless you go about to support your own Credit and then we have other Witnesses to call Oates I do not value any Witnesses you can bring against my Credit Mr. Att.
Jury what their Witnesses had said If your Lordship pleases to remember my Lord Chief Justice Scroggs did observe to the Jury that the Evidence of the Prisoner at the Bar did consist only in Punctilio's of time which as near as I can remember what he says he called a Nicety of time and in Whitebreads Tryal he was pleased to call it Catching in point of time And it was observ'd at Ireland's Tryal that his Defence was so weak that my Lord Chief Justice Scroggs upon the integrity of Bedloe's Evidence and mine uses these words to the Jury though he then endeavoured to do what these Witnesses do now It is most plain the Plot is discovered and that by these men and that it is a Plot and a Villanous one which shews not only the fulness and satisfactoriness of our proof that we gave but does also take notice of the little shifts and catching tricks he made use of to prove himself out of Town which would not weigh with the Court Therefore I observe it is but the same Objection that then was made and is not a new one now And my Lord Chief Justice that then was speaking of that proof he brought which the Court heard with patience but could easily see through the vanity of it said What arts they have of evading this I know not for as they have turn'd their Learning into Subtelty so they have their Religion too All this is well remembred by those that were by and heard that Tryal And though Ireland laboured to disprove me in that circumstance of time yet still the Court did justifie the Evidence that Mr. Bedloe and my self had given And the same Chief Justice said I leave it to you to consider whether you have not as much Evidence from these two men as can be expected in a case of this nature and whether Mr. Oates be not rather justified by the Testimony offered against him than discredited This was after his Plea was debated and considered and I must further observe to your Lordship that though Mr. Ireland by his false Witnesses pressed this matter as far as he could then and urged the Court to believe it yet when the Jury brought in their Verdict and found him Guilty the Chief Justice expressed the satisfaction of the Court in these words You have done Gentlemen like very good Subjects and very good Christians that is to say like very good Protestants and now much good may their 30000 Masses do them This my Lord was the Case of Mr. Ireland at his Tryal and the same point of his being out of Town was again managed before a second Jury at the Tryal of the Five Jesuits but the Court saw the design of the Popish Party to blemish the Evidence given of the Plot but yet they lookt upon it only as a Trick And my Lord Chief Justice Seroggs in summing up the Evidence at that Tryal says They fall foul upon Mr. Oates meaning my self he appears to have been their Agent and whilst so bad enough But if he had not had a mind to have become a good man he would not have done us that good he has done in the discovery of the design they had engaged him in And if your Lordship please to remember that at that Tryal of the Five Jesuites when all arts were used to prove Ireland out of Town and me at St. Omers in the same Charge to the Jury my Lord Scroggs did take notice that the Jesuites were very exact at catching in a point of time but now says that is a thing that no man can precisely charge his memory withal and therefore he does there perswade the Jury that that should not be too strictly the measure of their Judgments about Truth and Falshood by the mistake of seven or eight days For said he to the Jury examine your selves how often every day you do mistake things that have been transacted half a year ago and err in point of time taking one week for another and one month for another and therefore you are not to lay too great a weight upon the point of time Now if too great weight my Lord be not to be laid upon a point of time then this Charge that is now brought against me is not of weight at all And besides my Lord this ought to be considered if this were the great Objection then and then answered it ceases to be an Objection now And as the Court did observe at the summing up of the Evidence that they made their defence about the uncertainty of a point of time which was no defence at all So that my Lord the whole course of my Plea is this 'T is a hard case for a man after six years to be indicted for a circumstance of time I will first offer the Testimony of one Witness that is dead and that is Mr. Bedloe who at his death confirmed all that he had sworn of the Popish Plot to be true and affirmed that he had rather spoken less than the Truth than more and for that I desire that my Lord Keeper may be called who took his dying Examination L. C. J. As for that Mr. Oates it is a thing very well known to the world and particularly to a worthy Gentleman that sits by you pointing to Mr. North that Mr. Bedloe when he was sick did make some such Protestation Oates Then my Lord I desire that Mr. Blayney may be sworn to give an account what Mr. Bedloe testified at Ireland's Tryal Then Mr. Blayney was Sworn Oates Mr. Blayney pray will you see in your Notes of Ireland's Tryal whether Mr. Bedloe did not swear that Mr. Ireland was in Town the latter end of August 78 or the beginning of September Mr. Blayney Where abouts in the Tryal is it Sir Oates It is in the Printed Tryal folio 41. Mr. Blayney My Lord I do finde these words in my Notes that Mr. Bedloe should say about the latter end of August or the beginning of September but I believe it was the latter end of August Mr. Ireland was at Harcourt's Chamber and being ask'd the question by my Lord Chief Justice Scroggs Whether he said it positively it was the latter end of August he said it was in August he would not be positive to a day but he thought the latter end L. C. J. 'T is very well known that too that Bedloe did swear Ireland was in Town the latter end of August or beginning of September and to confirm it upon Mr. Ireland's denial you swore he was in Town the 1st or 2d of September and gave you twenty shillings that was the occasion of your Oath Oates Then my Lord I desire to call some Witnesses to testifie to the Deposition that was taken of Mr. Jennison about Ireland's being then in Town L. C. J. When was that Deposition taken and before whom Oates It was taken in year 79 by Sir Edmund Warcup L. C. J. But we cannot admit that in Evidence unless the Kings
upon very hard Service to ride Post to London and back again in Twenty four Hours for no other Reason but only to commit a Treason that none ever found out but Mr. Oats And I am sure if he did he took a great deal of pains to a very little purpose Gentlemen I have taken up much of your Time and detain'd you the longer in this matter because I cannot but say with grief of Heart Our Nation was too long befotted and of Innocent Blood there has been too too much spilt 'T is high time to have some Account of it 'T is a Mercy we ought to bless Almighty God for that we are prevented from spilling more Innocent Blood God be blessed our Eyes are opened and let us have a Care for the future that we be not so suddenly imposed upon by such Prejudices and Jealousies as we have reason to fear such Villains have too much fill'd our Heads with of late Gentlemen 'T is incumbent upon you to Try according to the Evidence that has been given whether the Defendant be Guilty or Not Guilty And 't is incumbent upon us that sit here as Judges to see the Law executed as we will answer it at the Tribunal of the Great Judge of Heaven and Earth before whom we must appear and receive our Tryals at the Great Day And God forbid but we should use our utmost Endeavours to inflict the greatest Vengeance that the Justice of the Nation can permit us to inflict upon such Villains as these are that have contracted so much Mischief and Reproach upon us and so much Guilt upon themselves Gentlemen I am sorry I say I have kept you so long 'T is a Case of such Importance that I could not but say what I have done in it There may be other Circumstances arising from the Evidence which I may have omitted but were very largely and fully spoken to by Mr. Soliciter Whatsoever has been forgotten by him or by me I am sure will be sufficiently supplyed by your own Observations For I know you to be Gentlemen of great Knowledge and Experience in Matters of this Nature Then the Jury withdrew to Consider of their Verdict and after half an Hours Recess return'd to the Bar and answering to their Names deliver'd in their Verdict That the Defendant was guilty of the Perjury whereof be stood Indicted Which being Recorded the Lord Chief Justice spoke to the Gentlemen of the Jury to this Effect Lord Ch. Just Look ye Gentlemen because there has been some Notice taken to Day as there was Yesterday concerning the Opinions of Judges about Verdicts that have been given I would say a Word or two to you Not that I much admire the doing of it at any time nor would I do it now for your sakes because I am sure you act according to your Consciences and affect not Commendation But because it may be necessary for the Satisfaction of some People that they should know our Opinions also in this Matter I must tell you You have given a Verdict that becomes your Honesty Integrity and Loyalty And I declare in the Presence of Almighty God the Searcher of Hearts That had I been of the Jury I must have given the same Verdict Gentlemen 'T is an Honost and Just Verdict that you have given and by it you have Gontributed as much as in you lies to vindicate the Nation from the Infamy it has so long lain under Mr. Just Withins For my part I think if you had given any other Verdict you had found against plain Demonstration the Evidence was so full and clear Mr. Just Hollaway The Court is very well satisfied with the Verdict and you have acquitted your selves like Worthy Honest Gentlemen Mr. Just Walcot There is nothing can be said to the Verdict but that it is a just Verdict and according to the Evidence And then the Court Arose Die Lunae 11 Maij 1685. Banco Regis Dominus Rex versus Oats THIS Day Mr. Wallop moved That in regard the Court were pleased to give the Defendant time till Saturday next to move in Arrest of Judgment upon the Conviction on Fryday last they would please to give to the same Day to move in Arrest of Judgment upon the Conviction on Saturday which the Court granted But afterwards upon the Motion of Mr. Attorney General they order'd That a Note of the Exceptions to both Indictments should be sent to the King's Councel some Days before Saturday Die Sabbati 26 Maij. Banco Regis Dominus Rex versus Oats THIS Day being appointed for the Defendant to move what he could in Arrest of Judgment upon the Two Couvictions of Perjury he was brought by Rule from the Prison to the King 's Bench-Court Lord Ch. Just Mr. Attorney General Have you any thing to move Mr. Att. Gen. My Lord I pray your Judgment upon Oats who is Convicted upon Two Indictments for Two notorious Perjuries Lord Ch. Just Who is Councel for Oats Mr. Att. Gen. Mr. Wallop moved for him Lord Ch. Just What is it that Mr. Wallop has to say Oats My Lord I desire I may speak one word It was Thursday-Night before my Attorney could make an end of Examining the Records Sir Samuel Astry knows it very well Then I sent the Rule to those Gentlemen that were assign'd to be my Councel and the Exceptions were delivered in but Yesterday I pray I may have a Day or two more that my Councel may be prepared to argue for me Lord Ch. Just We cannot do that We gave you beyond the ordinary Rules in extending it till to Day Mr. Att. Gen. My Lord He talks of Examining the Records He had Copies of them all this long Vacation Oats My Lord My Actorney will be ready to make Oath that he finished the Examining but on Thursday Night Lord Ch. Just We do all know they were pleaded to the last Term and you have had all this Vacation to consider of them And we have indulg'd you beyond the ordinary Time Oats My Lord I desire but a Day or two more Lord Ch. Just No we cannot do it We have done more already than we ordinarily do Persons that are Convicted use to have but Four Days allowed them to move in Arrest of Judgment but you instead of having but Four Days have had Eight Oats If your Lordship pleases to give me time till Monday Lord Ch. Just I tell you We cannot do it If Mr. Wallop have any thing to say for you we 'll hear him Mr. Wallop I have nothing to say Mr. Att. Gen. Here are Four Exceptions delivered to me last Night as made by Mr. Wallop Lord Ch. Just But he says He has nothing to say We know not whose these Exceptions are Oats I do deliver in thove Exceptions my Lord Pray let them be read Lord Ch. Just Read them Sir Samuel Astry Cl. of Cr. Reads Dominus Rex versus Oats The Defendant's Exceptions I. That a Witness Sworn in the behalf of the King