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A31231 The compendium, or, A short view of the late tryals in relation to the present plot against His Majesty and government with the speeches of those that have been executed : as also an humble address, at the close, to all the worthy patriots of this once flourishing and happy kingdom. Castlemaine, Roger Palmer, Earl of, 1634-1705. 1679 (1679) Wing C1241; ESTC R5075 90,527 89

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Oates presently affirm'd That He was bound on pain of Damnation not to disobey his superior and if he choose him or others to a place they must take it upon them and yet every body knows that knows any thing that nothing is more frequent than for a Jesuit in these Cases to reply as they term it to the General and consequently to free himself even after Nomination After this the Prisoners call'd for Witnesses to prove Mr. Ireland's Absence out of London from the 3d. of August to the 14th of September contrary to the Positive Oath both of Oats and Bedlow which several of the Judges were against because that Business had received Tryal Others urg'd That the Jury was not to take notice of any thing done at a former Tryal unless it were then spoken of which seemed hard and strange to many because in reason the Accused were to lay hold of all Matters that could lessen the Credit of their Accusers and more especially of things relating to the Plot. But the Court even according to their own Rules were at last forc'd to grant them their Demand because Oates did in this very Tryal say That Ireland was in Town between the 8th and 12th of August and that Mr. Fenwick was with him Then the Witnesses to wit Sir John Southcot my Lady their Son and Daughter were called whereupon Sir Edward Southcot the Son affirm'd that he was told That Mr. Ireland came to his Uncles my Lord Astons in Hartford-shire on the 3 d. of August at Night but he saw him not there till early on the 4 th and that he went with him and his Family to Tixhal my Lord 's usual Residence in Stafford-shire continuing every Day with them till the sixteenth My Lady Southcot who was my Lord Aston's Sister said That he was with her from the fifth to the sixteenth Sir John the Father said to the same purpose to wit that he met Mr. Ireland at St. Albans on the fifth and that he was in their Company for Twelve Dayes after To them succeeded Mrs. Harwel the Mother Mrs. Harwel the Daughter and their Maid as also Sir John Winford's Ncece four Giffords of the Chillington-Family Mr. Biddulph of Biddulph and two of the Perdrels of Boscobel Son and Daughter to him who had there saved the King in his Escape from Worcester These proved Mr. Ireland's being at Wolverhampton from the 17 th to the 26 th when he returned to my Lord 's at Tixhal And five of them to wit Mr. Biddulph two of the Giffords and the two Pendrels attested that they saw him on the 2 d. of September some at Boscobel and others hard by which 2 d. of September was the very Day or the Day after that Oates positively swore Mr. Ireland gave him Twenty Shillings in London But Oates fore-seeing this Evidence did notwithstanding the Fact was in Print and that he had made Oath of it in that very Court even in the Hearing of several of the Judges and two of the Prisoners at the Bar insi●● now That it was the Day to the best of his Remembrance but whether it was the 1 st 2 d. 7 th 8 th or 9 th of September he would not positively say Whereupon Mr. Gifford who had bin a summon'd Witness in Ireland's Tryal stood up and affirm'd That when Oates after much pressing would not be positive as to the Dayes in August he came at last to a Circumstance and aver'd That on the 1 st or 2d of September Ireland gave him in London Twenty Shillings The said Mr. Gifford also and his Wife when the Court objected whether it were the same Ireland that Dyed that was in Staffordshire declared That they had seen him in the Country and afterwards Tryed and Executed This Evidence being full and clear and the Witnesses that appeared Persons of great Quality nay there were twice as many more in the Countrey that could not come by reason of their Domestick Affairs Oates had nothing to ballance it but the Testimony of Sarah Paine the Servant-Maid which he had produc'd formerly in Ireland's Tryal about his being in Town on the 12 th of August as I said And here 't is to be Remember'd that there were two Mrs. Giffords Witnesses in this Affair which confounds the Reader at the first sight when he peruses the Printed Tryal for the Short-hand-Writer makes little Distinction between those Gentlewomen and therefore sometimes the same Person seems as it were to answer Negatively and Positively to the same Question Besides the said Writer is not alwayes Exact when the Witnesses are many who speaks so that he sayes sometimes John a Nikes spoke when 't was in truth John a Stiles The Prisoners then having cleverly proved this Point strike at all that Oates had ever said for having in Mr. Ireland's Tryal often said That he was here at the Consult of April 1678. he endeavor'd as a greater Satisfaction to the Court to further prove it by these Circumstances viz. That he came over with Fa. Williams Pa Nevil Fa. Pool Sir Thomas Preston Sir John Warner Hildesley a young Scholar and others So that Mr. Fenwick demanding now Whether he did not own his coming over with the said Hildesley Oates would have avoyded it by Bidding him ask Questions of what he said to Day but Mr. Fenwick insisting upon this as necessary and threatning Oates That he had Witnesses to prove his Asserting his thus Coming from beyond Sea Oates at last owned it whereupon Mr. Hildesley who is a Gentleman's Son of Quality appear'd and deny'd it protesting that he left him at St. Omers behind which Oates granted but would have it that he met him at Calis the next Day and to confirm this alledged that Hildesley lost his Mony there that Fa. Williams did relieve him and that he went not streight to London with them Hildesley readily confest the loss of his Mony c. saying He knew how Oates understood this to wit by a Gentleman that having met Hildesley came to St. Omexs with whom Oates was very familiar on the 2 d of May as several Witnesses present would prove Then were called in Nineteen Witnesses from beyond Sea Fourteen of which were from St. Omers and among them Sir James D●rington's Son Sir Philip Palmer's Son Sir R. Dalison's Son and Sir Richard Colester's Son Son-in-Law to Colonel Charles Gifford who was so instrumental in saving of the King after Worcester but Dalison not hearing when the rest were called appeared not and so could not be a Witness till next Day The Substance of the St. Omarian Evidence was this Some remember'd by very good Circumstances Oates at St. Omers at and after Hildersley's Departure which was on the 24 th of April New stile Others of Burnaby's coming to them on the First of May who was the Person you must know Reader that could tell Hildesley's Adventures by meeting him on the Way
particulars of that grand Meeting as aforesaid But this home Charge came to nothing because there were no Witnesses ready to prove it viva voce for as to the Print though publisht by the Chief Justice it was refus'd since a man was not as Mr. Justice Pemberton Answer'd to be Convicted by a History The Prisoner urged again the Record of the Lords House which could shew that Bedlow had there sworn that he had no persons more to accuse either in or out of the House than those he had already mention'd so that He Mr. Langhorn not being one of them the said Bedlow must be perjur'd but this was deny'd him as was also the hearing of Witnesses to prove that Bedlow had own'd in Mr. Reading's Tryal that he had formerly minc't his Evidence against Mr. Whitebread which was plain perjury since he then swore to speak the whole Truth as well as nothing but Truth Mr. Langhorn though he thought he had hard measure patiently acquiest for he was a very quiet and modest man and then the Court called the Witnesses that proved in the preceding Tryal Oates's being here in April but all of them in some material thing or other varied from their former Depositions for Walker the Minister finding it necessary to advance in his computation about the time when he drew Oates the next morning within the Scheme of his Knowledge as he worded it in the former Tryal tells us now that he believes it was in April and towards the middle of it though in the said former Tryal he made it every whit as likely to be in the latter end of March and yet half April could not then serve you see Oates his turn But Cicily Mayo on the contrary finding it as necessary to shorten her time will have it That it was a matter of a fortnight before Whitsuntide as she remembers when she saw Oates at the Doctor 's yet before she not only depos'd That it was the week before Whit suntide or May the 19 but that he came again to them a week after As for the Doctor or Knight himself who was to assure the Court that his servants told him of Oates his visits he now tells us that he was then sick in the Countrey whereas before he swears in these words At that time says he that they have given in Evidence I was abroad as my business leads me often abroad into the Countrey and then he add's a little after that upon the visit of a Gentleman he fell ill in which time Oates was gone but upon his Recovery to wit in June or July He came to enquire for Dr. Tongue So that if the said Doctor or Knight were sick and out of Town from February to Whitsun week or latter end of May as his Coach-man and He both now depose what becomes of his Boy Page's Testimony that remembred the day before Oates to have been at his Masters in the beginning of May because his said Master had a Patient in I slington Sick of a Feavor nay what shall be thought of the said Doctor himself who to vouch the Boy and to satisfy the Jury swore then that that Patient of his was Aldram Milvers daughter when as here we find him not in the Country about his business but under the Care of Doctor Needham and to be a Patient himself by his own Confession for a great many weeks together The School-Master's also shewd that he understood his business for having well consider'd Mr. Gavans late Inferences he swore at present only that it was on the first Munday in May to the best for sooth of his Remembrance and as he takes it which are expressions far different from the words Yes I do when the Judge askt him if he swere positively and directly As for Clay the old Priest he was confronted by Mr. Charles Howard the Duke of Norfolks Brother who was only examin'd though his wife and two servants were also present to attest That Oates was never with them after April 77 till July 78. Nor were these the sole witnesses that were past by for it had often happened thus both in this and the Jesuits Tryal there being above 30 who never came to their Examinations either for want of hearing or of being called Now because Mr. Howard fear'd his Testimony in Court might be alter'd by the Writers of the Tryal he gave the following account to several of his friends under his own hand one of which came accidentally into mine Nay he sent one to Oates himself to the end no foul play might be us'd with him An Account of what the Honourable Charles Howard said at the old Baily June 14. 1679. As he attest's under his own hand June 14. 1679. AT the Old Baily I'was examin'd how long I had been acquainted with Mr. Oates and at what times I had seen him I answered That I had bin acquainted with him two years or something more That I did see him in Arundel House in April 1677. That upon the Fifth day of May following my Son Charles died and that I have another Son living That after that time I did not see Dr. Oates until the third day of July 1678. That after the said Third of July Mr. Clay did see Dr. Oates with me at Arundel House in my Chamber and not before in my sight but how many times I do not remember That possibly Mr. Clay might see Dr. Oates before I did but as to that I could say nothing Charles Howard Besides it must be remembred that Mr. Howard above a moneth before had bin examin'd by a Committee of the Lords about this business in the presence of Clay and Oates where he satisfy'd their Lordships so well by the time of his Son Charles's Death who had as he told the said Lords bin Examin'd or posed by Oates in April 77 and by many other Circumstances concerning the whole matter that Clay himself confest he might be mistaken in time and that since Mr. Howard who had a better memory than he sayd Oates was not at his House in April 78. he would no longer gainsay it or words to that purpose Mr. Langhorn being found Guilty was Condemned with the five Jesuits that very day and on the Fourteenth of July he was drawn to Tyburn where he publickly declar'd his Innocence as appears by the following Speech which he left written under his own hand Mr. Langhorns's written Speech and Prologue IN regard I could not foresee whether I should be permitted to speak at my Death so as to make a publick Declaration of my Innocence and Loyalty as a Christian ought to do considering likewise that if it should be permitted unto me it would be more advisable for me rather to prepare before hand and set down in writing the very words in which I should make my Declaration than to trust my memory with them to the end that the same may
to their Religion as appear'd by the Gun-powder Plot which Mr. Ireland said was a state-trick and Cicils Invention That he was then a Papist though now a Protestant That he went to Windsor on Saturday the 17th of August That on Monday the 19th he return'd about Noon and then positively saw Mr. Ireland in his Chamber in Russel street pulling off his Boots as newly come from Staffordshire That Mr. Ireland upon his the said Mr. Jenison's telling him That the King in his fishing Divertisements at Windsor had usually but three or four with him answer'd He wondred he went with so few for he might easiely be taken off That he reply'd God forbid which Mr. Ireland qualifieing he made no ill reflections on it 'till after the discovery of the Plot and then speaking of it to his Father and Sisters for he went hence homewards on the 4th of September he said to them pray God there be nothing in the Plot for 't is Suspitious by reason of My Cousin Ireland's discourse Besides he writ as he pretends on the 19th of December last a Letter of these particulars to one Mr. Bowes who produc'd it in Court and is since printed in Mr. Chetwins Narrative where he declares that all that He lays hold on in the Kings then Proclamation for the Encouragement of Discoverers was pardon for concealing the aforesaid Circumstances for 't is all he can tell as he hopes for the forgiveness of his sins and eternal Salvation nor did he ever hear as he hopes for life everlasting either Mr. Ireland or any of them defend or maintain in the least the damnable Doctrine of Deposing Kings which made him have no ill opinion then of the Expressions One Circumstance he says there is more which has considering the times an ill sound with it and then he will have clear'd his Soul The Circumstances is That Mr. Ireland said ' Twice or Thrice at their parting that he had some business to Communicate to him but when he urg'd him to tell it he answer'd he would take some other occasion to do it but never did Thus is seen what this Witness has said or can credibly say as to this business for he that in a Letter or otherwise will with imprecations and Oaths declare he has no more to say to a thing is upon any further Evidence as much a perjur'd man in Conscience and consequently as little to be believed as he that deviating from his Recorded Despositions in a Court of Judicature has been therefore punish'd with his Ears as the Law orders and awards Now that you may also know what this person is I must tell you his Father is a Gentleman in Durham of about 500 a year at most he is the Eldest Son as to the Estate in case his Brother Thomas who they say is a Priest turns not Protestant after his Example so that his Temporal Gain depends wholly on the Spiritual loss and Popish blindness of the other who by the way is reputed a very notable and quick sighted Scholar in all learning and yet is as unfit a man I 'le assure you for a Plot of this nature as ever was and truely so most of the Conspirators have been His Father sent the aforesaid Robert a while agoe with a small Allowance to Greys Inn to study the Law but instead of it he has learn'd to run in Debt and is a Proficient to that Degree as all that know him can testifie that no body would longer trust him and therefore was forc'd to pawn all the little Necessaries he had Besides he has had a Mother in Law by whom his Father has a very plentifull stock of Children and Consequently want's no Heirs Nay there is a third Brother besides daughters by the first venter so that considering his late life and other Accidents neither Oates nor Bedlow had more need of their present employment and profession than he As for his knowledge of the Plot or of Mr. Ireland's being here take this short Account That at Easter last the Lords providing for their Tryal summon'd by an order of the House several persons of quality out of Staffordshire as Witnesses of Mr. Ireland's being there all August and among them Madam Harwell Mr. Jennison's Aunt his Cousin her daughter and others of his Acquaintance came to Town whom he often visited and show'd them also Letters newly received from his Brother Thomas in New-Gate which mention'd several Witnesses that could prove him in Lincolnshire and else where in the Countrey whilst Oates in his Narrative says he was at Consults here in London nor did Mr. Robert fail of railing at the said Oates and Bedlow and the rest of the Cabal for their Villainy and was so far from pretending then That Mr. Ireland was in Town on the 19th of August that he knew his said Relations were come purposely to prove him with them that very day Nay on the 13 of June or the Jesuits Tryal He came to the three Cranes among the Crow'd of Witnesses and even Usher'd into Court his young Cousin Harwell to that very end who besides several others averr'd as it appears in the Print That Mr. Ireland was to her knowledge every day but the 23th in her mothers house from the 17th of August to the 26th the time he returned to Tixhal Let the world therefore judge what a Witness he is and moreover it can and shall be made appear by two and Twenty persons many of them of quality and many also Protestants that Mr. Ireland was on the said 19th with his Aunt in Hampton as I now mention'd The like ill luck also befell Sarah Paine who pitch't as you have seen on the 12 of this Month as the Day of her Saluting Mr. Ireland in Town for then he was in the midst of his Holy well journey with 35 in company as my Lady Southcot and her Family with several others of Note and fashion will Witnesse Here it was that the King's Council admonish'd the Prisoners That now it would behove them to take Notes as if Reader Hector himself with all his God's were at hand and they no longer to be dallied with Whereupon Oates being called he began at the first onset with the most Stupendious Circumstance that ever was heard of for he deposed That Mr. Ash●y Arriving here ill from St Omers in July Sir George order'd him to go to the Bath and sending him a Letter of Physical Instructions how to govern himself viz to take a Pint of Milk every Morning and as much at night and 100 stroakes of the Pump He the said Sir George mention'd in it not only Poysoning the King but that the Queen would also assist him in it Then he proceed's saying that he knew this to be Sir George's hand by another Letter a day or two after which could not be but his for Sir George had it before him in a Writing posture and he saw him put by the Pen