them in his custody I cannot say all There was more than for these Lords for other inferior Officers Lord Ch. Just How many might there be of them as near as you can guess Dr. Oates I think he told me they were about 50. Lord Ch. Just What number did you see Dr. Oates I saw about half a dozen or 8. Lord Ch. Just Well Sir go on Dr. Oates My Lord I am now to speak to your Lordship concerning some Letters that he wrote to Rome and there was Lord Ch. Just Had you any discourse with him concerning the matters of any of the Commissions of my Lord Bellasis and my Lord Powis Dr. Oates No my Lord I had but little skill in Military Affairs and therefore I said but little and I cannot give you an account word for word what the discourse was for it was out of my way My Lord there were several Letters which Mr. Langhorn writ to Father Le Cheese the Answers to which I saw in April and May whereupon the Fathers did desire they might have the Originals of those Copies He gave me the Originals to carry to the Fathers I think it was that very day I had been with him in the afternoon for I was with him in the morning the Fathers did read the Letters Lord Ch. Just From whom came they Dr. Oates From Father Le Cheese and from Father Anderton And Le Cheese in his Letter did assure him of his stedfastness and constancy to assist the Society for the carrying on the Cause And that they should not need doubt but the French King would stand by them or to that purpose I cannot remember exactly the words but it was to that effect Lord Ch. Just But they were directed to Mr. Langhorn Dr. Oates I cannot Swear that directly but he gave them me Lord Ch. Just Who were Le Cheese and Anderton Dr. Oates The one was Confessor to the French King and the other Rector of the Colledge at Rome Mr. Just Atkins But you saw those in the Prisoners custody you say Dr. Oates Yes my Lord I did Lord Ch. Just He gave them you to deliver to the Fathers to Whitebread and the rest of them Dr. Oates Yes my Lord but I cannot say who they were directed to Lord Ch. Just But pray repeat what was the Substance of that Letter Dr. Oates My Lord as to the words of them I dare not charge my memory but it was to this purpose That Le Cheese would stand by the English Society and assist them and that they should not need to doubt the French King or to that effect Mr. Belwood Do you remember any Letters that were writ by Mr. Coleman to Le Cheese Dr. Oates Yes my Lord I remember several Letters that Coleman writ but Mr. Langhorn was not affected in them Mr. Belwood Did he know of them Dr. Oates He gave an accompt in his Letter to the Soceity that Coleman had writ Letters to Le Cheese and was very large and therefore he should not trouble his Reverence with any long Epistles Sir Cr. Levins What do you know of any money that was to be raised by the Benedictine Monks Dr. Oates I had forgot that Lord Ch. Just You say that he said they should not need to doubt the French but he would stand by them with Men and Money for what purpose pray Dr. Oates I le tell you for what purpose it was the words of the Letter did alledge it to be for carrying on of the Cause Mr. Just Pemberton You mean the Catholick Cause Dr. Oates So it was generally understood Lord Ch. Just But for the other money what say you Dr. Oates Mr. Langhorn was employed as Solicitor for the Jesuits and did accompany some of the Society Father Harcourt Father Fenwick Father Kaines and Father Langworth and they went and did communicate the Secret to the Benedictine Monks desiring them to stand by them with a Sum of Money for the carrying on the Design now upon Mr. Langhorn's Soliciting them and appearing for them as I have heard 6000 l. was promised and paid Lord Ch. Just By whom promised and paid Dr. Oates By the Benedictine Monks Lord Ch. Just To whom Dr. Oates To the Society Lord Ch. Just To what Person Dr. Oates That I cannot say but it was said Mr. Langhorn was to receive it Lord Ch. Just Did you see the Money paid Dr. Oates No I did not Lord Ch. Just Did you hear Mr. Langhorn confess it was paid Dr. Oates Mr. Langhorn did say in the Month of July or August I cannot be positive which but thereabouts when he was spoke to about it that he would stir in it and do to the utmost of his power for the procuring of it And another thing I am sure Mr. Langhorn was very much disgusted that Sir George Wakeman was not contented with the 10000 l. Sir Cr. Levins What was the 6000 l. for Dr. Oates It was for the general Cause Sir Cr. Levins For the Murther of the King Dr. Oates Yes and for the alteration of Religion Lord Ch. Just North. How did it appear that Mr. Langhorn was disgusted that Sir George Wakeman would not take the 10000 l and what was it for Dr. Oates It was to Poison the King and he said he was a covetous man that it was in a publick Concern and that being it was to carry on the Cause it was no matter if he did it for nothing but he said he was a narrow Spirited and a narrow Sould Physician Lord Ch. Just When was it that he said he would stir for the Money Dr. Oates It was in July or in August Langhorn My Lord may I ask him any Questions Mr. Just Pemberton Yes yes Mr. Langhorn you may Lord Ch. Just North. Pray Mr. Oates you saw such and such Commissions from the Superior of the Jesuits that were Signed Johannes Paulus de Oliva pray will you look upon this and see whether you know it and a Writing under the Jesuits Seal was shew'd him Dr. Oates This is the hand the very hand that was to the others and they had put such a Seal and that is for Mr. Stapleton to be Rector of St. Omers Sir Cr. Levins Now my Lord if you please this was not one of those Commissions that Mr. Langhorn did distribute to the Persons that were to have them no he would let us have none of those but it is a Commission of another nature t is neither for an Office Civil nor Military but Ecclesiastical yet it is under the same Hand and Seal Langhorn You say you came to me the first time in November and you went to St. Omers when Sir Dr. Oates The latter end of November Langhorn When arrived you at St. Omers Dr. Oates I think it was the 10th of December new Stile I will not be positive Lord Ch. Just All their defence lies in Catches upon a point of time in which no man living is able to be positive Dr. Oates
My Lord if the 26th of November fell upon a Monday then it was on the 26th day that I set out for Dover in the Coach as near as I can remember and I got to St. Omers a Friday morning following Langhorn A Friday after you say you got to St. Omers Dr. Oates About that time Langhorn How long did you stay there Dr. Oates Till April following I stay'd Langhorn Without any moving from thence Dr. Oates Onely went to Paris and after that a night or two at Watton and then came away in April My Lord I desire if your Lordship please that Mr. Langhorn may ask the Court and the Court ask me for I know the Court will be so kind as to ask me such Questions as are reasonable and proper for me to answer Mr. Just Atkins That indeed is the regular way for Prisoners should not ask the Question but the Court. Langhorn Very well I shall observe the Method if your Lordship please I desire to know what time in April he came back for England Dr. Oates I came about the middle of April or latter end I will not be so positive in that and I was in England under 20 days Langhorn Can you tell what day you came into England Dr. Oates No I cannot exactly but I came in April the middle or the latter end Langhorn I desire to know who came with him Dr. Oates My Lord there came a matter of 9 or 10 of us in all Lord Ch. Just Name them Dr. Oates There was Father Williams and Father March the Rector of Liege and Sir John Warner Langhorn What is the Rector of Liege's name Dr. Oates Warren I think I cannot tell names so exactly Langhorn Go on Sir pray Dr. Oates I cannot name any more Langhorn You have named them all in the Records of the Lords House Dr. Oates T is like I have I refer you to that Langhorn Did Sir Thomas Preston come over with you Dr. Oates Yes he did Langhorn Did Pool come over with you Dr. Oates Yes Lord Ch. Just Look you Mr. Langhorn we had all this matter spoken of yesterday and there were Witnesses that prove that Sir Jeremy Warner and Sir Thomas Preston were there Langhorn I humbly conceive that was upon an Issue tried in another County by another Jury and therefore I hope I do not amiss in urging what I can say for my self to this Jury Lord Ch. Just You are not debarred I only told you of it Was Sir Robert Bret there Dr. Oates Yes I think he was I am not confident of that My Lord I own what Mr. Langhorn can bring to the Court upon Record Langhorn I only ask it because he says so in the House of Lords Dr. Oates If you can shew the Record of what I said there do Langhorn I do not desire him to name them now but to know whether he does now affirm the truth of what he Swore in the House of Lords Lord Ch. Just If you can produce as you may if you have been diligent a Copy of the Record in the House of Lord and have it Sworn to be a true Copy of the Records it will be Evidence for you and shall be read but to put him to remember a Record without Book must not be it would be hard for him to undertake that Langhorn I desire to know how he came from Dover whether in a Coach or on Horseback to London Dr. Oates Indeed the Question is so sudden that I cannot be positive but as near as I remember I came by Coach Langhorn I will give you my reason why I ask this because he hath formerly upon a Trial in the Kings-Bench affirmed he came by Coach in the company of Mr. Hilsley Dr. Oates No I did never say so but I came over in the Pacquet Boat in the company of Mr. Hilsley but when we were come over Mr. Hilsley went out of the way from us Langhorn I desire to know where he lodged when he came to Town Lord Ch. Just Where did you lodge the first night Dr. Oates I did lie at Mr. Grove's house when I came to London in April Lord Ch. Just But the first night when you came from Dover when you came into London in April Dr. Oates My Lord I cannot say I lay there the first night but my lodging was provided for me there Lord Ch. Just You are to Answer as well as you can if you cannot remember it say so Do you say the first absolutely or not Dr. Oates My Lord I cannot remember the first night but I lay several nights at Mr. Grove's Langhorn Then I ask whether he did generally lie there during his stay Dr. Oates I did lie there some nights Lord Ch. Just How many times did you lie there Dr. Oates I believe three or four nights I won't be positive as to the Number Langhorn What day was the Consult Dr. Oates It was the 24th of April Langhorn What day did you acquaint me with it Dr. Oates A day or 2 after Langhorn When did he return back to St. Omers Lord Ch. Just When did you go back about what time Dr. Oates My Lord I think it was a week in May I cannot be positive but I think that was the outside Lord Ch. Just They said yesterday you affirmed you stay'd but 6 days Dr. Oates I do not say so but I say under 20. Mr. Just Dolben Come have you any thing else to ask him Langhorn Those Letters that he speak of I desire to know whether he saw me write them Lord Ch. Just Those Letters you speak of did you see him write them Dr. Oates I did not see him write them but I am sure they were his Letters because I know his hand Lord Ch. Just How did you come to know his hand since you did not see him write them Dr. Oates I saw the Letter whereby he ordered money to be paid 5 l. to his Son And I saw the money paid to his Son by that Order Langhorn Do you know that Le Cheese and Anderton writ to me Dr. Oates I do not say that they writ to him but he had Letters Subscribed by their Names and they were said by him to come from them and they were to be communicated to the Priests and Jesuits and he delivered them to me to that end Langhorn When you returned to St. Omers how long did you stay there Dr. Oates Till 23d June new Stile which is the 13th old Stile Langhorn I remember he professed himself a Roman Catholick I see he is a Minister I desire to know of him when he left the Protestant Religion and became a Convert as he called himself call it what you will when he left being a Protestant and became a Papist that is it I mean Dr. Oates He does it for nothing but to quarrel Lord Ch. Just When did you leave the Church of England Dr. Oates My Lord if it be the pleasure of the Bench to ask me
What else said you of him Gifford He only said he departed out of the Colledge then L. C. J. What did you say to Mr. Oats about it Gifford I don't remember what I said in particular L. C. J. Hilsly call up the other person that you say told Mr. Oats Hilsly He is not here my Lord but here is one that was in the Company when he told it L. C. J. Who was by Gifford Mr. Burnaby who came thither the first of May. L. C. J. Hearken to me when you talked with Mr. Oats concerning Mr. Hilsly's being gone from the Colledge was there any body by Gifford I cannot tell L. C. J. Was Mr. Burnaby by when Mr. Oats and you talked about Mr. Hilsly Then another Witness started up 3d Witness Yes my Lord there was Mr. Oats with me and Mr. Burnaby put himself into our Company in the Garden and he acquainted me with this Story L. C. J. What said he 3d Witness He said he met this Gentleman and that this Gentleman was cheated of his money L. C. J. How did he tell you he was cheated 3d Witness I dont't know the occasion but he said a fellow cheated him of the mony L. C. J. Was that all he said 3d Witness Yes my Lord but I do not remember upon what occasion he said he was cheated by a shirking fellow L. C. J. Did he name the place he met him at 3d Witness I don't know my Lord whether he mentioned it or no. L. C. J. So that Mr. Oats names the place which he was never told and unless he was there how could he then tell it 3d Witness But this does not prove that I speak against my Conscience that does not argue L. C. J. Look you the answer is this Mr. Langhorne You would charge Mr. Oats with falsity in saying he came over in the Pacquet-Boat with Hilsly and you call up him and he says he did not come but he left him at St. Omers Mr. Oats comes and says 't is true he left me there but I over-took him at Calis by this very token said he you were cheated of your mony by a person that you lent it to who went away and left you to pay the Reckoning When I asked Mr. Hilsly how he could tell if it were true that he was not with him he answered he was told it by another but when I come to know what that other person said it was no more than this he said in Mr. Oats's hearing Mr. Hilsly was cozened of his mony but did not say how nor by whom nor where Langhorne Now to prove that what Mr. Hilsly said is true and that therefore Mr. Oats his knowledge must come by another hand I desire that the Witness may be asked how long Mr. Oats was at St. Omers L. C. J. How long was Mr. Oats at St. Omers 3d Witness From December till June he was there except one particular day that he went to Watton L. C. J. And you saw him almost every day 3d Witness Yes I did L. C. J. You have 15 or 16 Witnesses that will say all this but yet if you will we will call them L. C. J. When went he away do you know that 3d Witness He went in June I cann't certainly say the day L. C. J. Well call another 3d Witness Pray my Lord let me speak if your Lordship please to let me give you my Reason why I might see him I saw him in the Refectory he had a little Table by himself distinct from the rest and dining together in a publick place it was impossible but we should see his place empty if he were gone and I know the number of my own School and can tell whether any one be absent L. C. J. What because he sat at a Table by himself therefore you think he was there all the while 3d Witness Certainly if I may believe mine own eyes I saw him there every day Lord Ch. Baron Were you there every day your self 3d Witness Yes my Lord I was I did not miss one day I had no Infirmity Langhorne My Lord Mr Oats hath affirmed that there was with him when he came over in April Sir Robert Brett L. C. J. He says only he believes so he says positively he came over in the company of Sir John Warner Sir Thomas Preston and he thinks also Sir Robert Brett but is not positive Langhorne This he affirmed both in his Narrative and upon Oath in the Lords House L. C. J. Shew any thing that he was sworn to here M. Just. Atkins But what says this Lad more let him speak for he is very full of it 3d Witness The first Day of May I saw him in the Garden with a Lay-Brother at Kittle-pins in the view of all the Colledge Langhorne Let us examine him as to persons and then refer it to the Lords Register L. C. J. Why if you will prove something Mr. Oats hath sworn there that you can contradict first prove what he swore and then contradict it Mr. Just. Pemberton Pray take notice you must not go to oppose him in any thing of that Oath unless he hath sworn it here whatsoever there be there except he hath sworn the same here 't is in vain to object it for he cannot be intended to have Witness to make good what he swore there Sir Cr. Levins Let us hear what he does offer Langhorne Under favour Mr. Oats hath acknowledged what he swore there was true L. C. J. You are mistaken Mr. Langhorne indeed when you asked him that Question he said as far as what concerned what he swore here was true and he is bound at this time to answer no more Langhorne Then as to Sir John Warner I desire my Witnesses may be examined L. C. J. I suppose they may be here and say the same they did yesterday that he did not stir from his house at Watton all April and May. 4th Witness Yes my Lord he lived there all that while L. C. J. What year 4th Witness In year 1678. L. C. J. That is the time that Oats says he came over with him You saw him almost every day did not you 4th Witness Yes I did only four days that I was absent being sent by him to St. Omers at a great Feast L. C. J. And when you came back you found him there 4th Witness Yes I did L. C. J. You are his Gardner are you not 4th Witness Yes I am L. C. J. Did you stay all those four days at St. Omers 4th Witness I was sent to the high Kirk and carried some Instruments for the Musick and there I stayed four days and the last day of April and the first and second and third of May. And I saw Mr. Oats there in the house and I saw him going into the Refectory to dinner L. C. J. He says that Sir John Warner was at home all April and May that he himself was absent but four days that he left him
he was here in the latter end of April and beginning of May which does contradict all their Testimony who does say he was abroad all along from December to June and that they saw him every other Day 'T is true if we were certain that what these Young-men spake were indeed so as they say it is impossible for Mr. Oats's Testimony to be believed If I were satisfyed that really and truly Mr. Oats was not here but was Six Months together there and that he hath invented this Story and made this himself I could no longer confide in the Man nor find Mr. Langhorn Guilty Yet is not the Time really the substance of the thing though he hath made it so now because the Consult was the Twenty Fourth of April which he was present and he did go he saies to Mr. Langhorn within a Day or two after to acquaint him with the resolution of it To this end hath Mr. Oats produced Seven or Eight Witnesses that saw him as they swear He hath produced a Minister that says he saw him in a Disguise but having known him before recollected him to be the Man He hath produced a VVoman that agrees with that Story for she says that he came and talk'd with her about it and told her then that he had seen Mr. Oats the Day before and gives you a token why it was about that time of the Year Now if this be not a new matter and New found out this VVoman if she swears true does justify the other in what he did say a Year ago when they could never Imagine that any great weight and moment should be laid upon that Accident of his seeing Oats in the Street He hath produced to you the Coach-man of Sir Richard Barker that says he knew him well when he came to his Masters House There he call'd him by his name That asking for Dr. Tongue but not finding him within he went away presently That he was in Disguise That they acquainted their Master with it as soon as he came Home and their Master says that so they did And the person that then lived in the House and now is Dead said to the Maid Yonder is Mr. Oats I think he is either Turned Quaker or Priest what a kind of Habit is he got into No said the Maid he can't be a Quaker because he wears a Perriwigg but she says he named him to her Oats and that this is the man she knew him since 'T is the same man that the Young-man spoke to her about He hath produced farther one of their own Religion one that is a Papist still and he says he saw him twice at Mr. Charles Howard's in Arundel House There was indeed some perplexity they would have put upon it by reason of Mr. Howards Son being dead a year before but the VVitness saies he did not know the Son A Papist he confesses himself expresly to be if not a Priest and I would not ask him the Question because 't is not fair to make him accuse himself but he does swear expresly he saw Mr. Oats at Mr. Charles Howards in April or May which contradicts all their VVitnesses He also produces a Schoolmaster that tells that he dined with him the beginning of May and I remember it says he very well for we dined by the fire-side which gave me occasion to wonder at it in May and remember it He says moreover that he stayd Three or Four hours with him and tall'd of all his Travels in Spain Now must all these people be down-right Perjured it can be no mistake but they are all falsly forsworn if there be not Truth in it And when here are Seven or Eight Witnesses positively swearing against the affirmation of so many others we leave the credit of both sides to you who are the Judges of the Fact There is indeed and I will Repeat it for you for I would not miss any thing as near as I can that would make for the Prisoners advantage there is a proof concerning Sir John Warner and Preston and Pool that they were there at the time and there hath been no answer given to it But I say still t is the same thing for if you do not believe those VVitnesses to speak true that affirm that Oates was there all the time but rather believe that he was here by Seven or Eight people that Testify it I say if you cannot believe he was there you will never change your mind for one Circumstance whether he came over with Sir John Warner and others or not for it is but a Circumstance Langhorn They are not the same VVitnesses Lord C. J. 'T is true they are not You have Four or Five VVitnesses that speak apart but two of them do say that they knew Oats also was there at the same time that they speake that Sir John VVarner was at home Langhorn Not those two of Leige my Lord about Sir Thomas Preston Lord C. J. No they do not for I leave it to you of the Jury upon the whole matter there is little more to be said by me If so be Credit is to be given to these VVitnesses of Oats more than to the others then you must find him Guilty and the rather because I do a little suspect they come over instructed to say what they do You find they apply themselves to the thing they came for and not only the Gardiner but another could tell you which hath a very great Influence upon me as to their Credit that the months of April and May were the months in question and they were not to be examined any farther So that it looks as if these Young men were sent of an Errand and though you do not know them Mr. Langorn and are Innocent as to any tampering with them yet I am afraid they are come to serve the Catholick Cause as they call it For they are very well taught and they keep to those months of April and May of all the months in the Year Then they bring the VVoman of the White-Horse-Tavern where the Consult of the twenty fourth of April was and what is the use they would make of her why it is that Mr. Oats should make a story of fifty Fathers being in her Tavern at one time but he insists now there was a matter of twenty when there was not a Room in her House that would hold Ten But you hear how she was Answered from Testimony rising up in the Court of themselves that were accquainted with her House and know that Forty people may dine in two of her Rooms And the Kings Counsel observed well how Chance it self hath put to silence this Evidence So that when matters are alledged to be done at home there is not so great a difficulty as in proving things that are done abroad I leave it to you Sirs Here is a Gentleman that stands at the Bar upon his Life on the one Hand but if Mr. Oates say true all
our Lives and Liberties our King and Religion are at the Stake on the other Hand God defend that Innocent Blood should be shed and God defend us also from Popery and from all popish Plots and from all the bloody Principles of Papists which are very Cruel as we know by experience and you cannot blame us to look to our selves For I must tell you the Plot is proved as plain as the Day and that by Oats and farther Oats Testimony is confirm'd by that which can never be Answered For when he comes at his first Testimony and says that upon the twenty fourth of April such a Consult was summoned held it falls out that five days after a Letter is found amongst Harcourts papers a principal Person in the Design which does order the meeting upon the twenty fourth of April being the day after St. Georges Feast and gives them a Caution that they should not come too soon to Town That they should not appear too much in London for fear of discovering the Design and of disclosing that the nature of which requires Secrecy Plainer than this is hardly to be writ from a Jesuit Especially in so dangerous a matter And what can be answered to this Letter that is found in a Priests Hand four days after Mr. Oates had given in his Information about it Put all this together and if you be satisfi'd herein you may judg the better as to the particular business of Mr. Langhorn how far the Testimony of Oates and Bedlow affect him You know what you do And for Bedlow 't is true what he says that there is nothing to be said to his Evidence because no man can prove a Negative and he swears expresly that he had this Discourse with him of these Treasonable matters Killing the King and Altering Religion If this be so and you are satisfi'd in that particular and that a man may very well be as to the substance I do not see any considerable Answer that is given I say once more there is the life of a Gentleman at stake and there are all our Lives at the Stake Follow you your Consciences Do Wisely do Honestly and consider what is to be done Lord Chief Ju. North. With my Lords Leave Because there hath been mention made of this Letter which goes much in Confirmation of Mr. Oats Testimony It is in Court but it hath not been produc'd at the Bar I desire it may if your Lordship please Sr. C. Lev. It is here in Court my Lord we will give your Lordship an account how we came by it Swear Sr. Thomas Doleman which was done Sr C. Lev. Sr. Thomas Did you find the Paper amongst Mr. Harcourt's Papers Sr. Thomas Doleman I found this Letter among the Papers of Mr. Harcourt that were committed to my search L. C. J. VVhen did you find it Sir Sir Thomas Doleman It was some five or six days after Mr. Oates had given in his information to the King and Council L. C. J. Do you mark it Gentlemen After Mr. Oats had told the Councel of the Consult in the twenty fourth of April is this Letter found L. C. J. North. 'T is in Confirmation of Mr. Oats's Testimony Then the Letter was Read being the same with that in Page 37. In the Tryal of Whitebread Harcourt c. L. C. J. This Letter is only as to the Plot in General and not to be applyed to Mr. Langhorn in particular Langhorn Mr. Oats might very well be able to speak of this meeting of this Congregation as they call it before this Letter was taken 't is easy to believe because Mr. Oats being at Saint Omers I suppose the like Letters of Summons might come over to Saint Omers to fetch some of them over hither L. C. J. You say well but if you have but the Luck to give me an Answer to a thing or two you 'l have better fortune and more skill than the Priests 'T is true he might perchance know of the Consult if he were at Saint Omers But will you tell us what that Design was And what is the meaning of the putting those words into the Letter That they should not come too soon to London nor appear too much about Town for fear of discovering that Design which they knew required Secrecy in its own Nature Langhorn My Lord I will tell you what I take to be the meaning of that Letter The Design was the holding of a Congregation There were diverse of them and it was like the meeting of a Dean and Chapter in a Colledge and he bids them not to come too long before the time for they were certainly in very great danger to be taken L. C. J. What! At that time What Danger were they in then Langhorn Yes my Lord the Parliament was then sitting L. C. J. But you know what Indulgence there was to all Papists at that time if they would be but quiet VVell but put it altogether they were to come to London not too soon nor to appear too much because the Parliament was sitting for fear of Discovering the Design What was that only for Mr. Whitebread and his fellows to make an Officer Can it be answered by that Langhorn Certainly their holding of a Congregation in England does require secrecy L. C. J. Gentlemen Here is the thing This is only an Evidence to the Plot in general that there is a Plot and you may make what reasonable use you think fit of it It is not a Particular Evidence against Mr. Langhorns particular Person Only it shews there was a Plot and you have heard what they say to him in particular about it And I 'le tell you one thing more which if Oats swears true concerns you very much He saith they were a talking of the Ten Thousand Pounds that Sir George Wakeman was to have for Poysoning the King when their other attempts had failed and that he would not take under Fifteen Thousand Pound You Mr. Langhorn was very angry and said it was a base covetous thing in him and it being such a publick Cause it would have been no matter if he had done it for Nothing I have repeated as much as I can well remember without any prejudice to Mr. Langhorns Testimony And so I leave it with you Then an Officer was Sworn to keep the Jury who withdrew to consider of their Verdict and. the Judges also went off from the Bench. The Lord Chief Justice telling the Auditory that the day being so far spent and the Commission determining that night because of the Term Sir George Wakeman and the rest could not be Tryed till next Sessions And after a short space the Jury returned and answering to their Names delivered in their Verdict Clerk of Crown Gentlemen Are you all Agreed of your Verdict Omnes Yes Cl. of Crown Who shall say for you Omnes Foreman Cl. of Cr. Richard Langhorn hold up thy Hand Look upon the Prisoner You of the Jury How say you
year aforesaid at London c. a Commission to Constitute and Authorise you to be Advocate General of the Army to be Levied in this Kingdom to war against our said Sovereign Lord the King Falsly Traiterously and against the duty of your Allegiance from a certain Person unknown did receive and had and the same Commission then and there falsly advisedly and Traiterously did inspect and read and in your custody keep and to the same Commission Traiterously did give your consent to the intent that you the said Rich. Langhorn should have and Execute the Place and Office of Advocate General of the Army aforesaid after the Army aforesaid should be rais'd against our said Sovereign Lord the King by you the said Richard Langhorn and other false Traitors unknown in Execution of the said Traiterous Compassings Imaginations and Agreements aforesaid And that whereas William Ireland John Grove and Thomas Pickering and other false Traitors of our Sovereign Lord the King unknown on the 24th day of April in the 30th Year aforesaid in the County of Middlesex did Consult to bring and put our said Sovereign Lord the King to Death and final Destruction and to change and alter Religion in this Kingdom of England Rightly and by Law Established to the Superstition of the Church of Rome at London c. had Notice of that Consultation and the same Consultation for the Destruction of the King and for the alteration of Religion in this Kingdom rightly Established to the Superstion of the Church of Rome and the Treasonable Agreements had in that Consultaon on the said 30th day the September in the 30th Year aforesaid from our said Sovereign Lord the King Advisedly and Traiterously did conceal and to that Consultation Traiterously you did consent And the said William Ireland John Grove and Thomas Pickering on the day and Year last aforesaid at London the Treasons aforesaid to perpetrate and perfect Maliciously Subtilly and Traiterously you did Abet Counsel maintain and comfort and that you the said Richard Langhorn afterwards to wit the said 30th day of September in the 30th Year aforesaid at London c. falsly subtilly and Traiterously you did move and solicit the Benedictine Monks unknown to expend and pay the Sum of Six Thousand Pounds to procure a Person Traiterously to Kill and Murder our said Sovereign Lord the King And whereas Edward Coleman and other false Traitors of our said Sovereign Lord the King unknown on the 29th of September in the 30th Year aforesaid in the County of Middlesex Traiterously had conspired and consulted to procure Rebellion and Sedition within this Kingdom of England against our said Sovereign Lord the King and him from his Kingly State and Government of this his Kingdom of England to deprive and disinherit and to bring and put him to final Death and Destruction and the Government of this Kingdom of England to alter and the true Religion in this Kingdom of England by Law Established to alter and change And whereas he the said Edward Coleman had Traiterously written four Letters to Monsieur Le Cheese then Counsellor of the French Kings to procure the aid assistance and adherance of the French King to perfect and accomplish the Traiterous imaginations aforesaid you the said Richard Langhorn afterwards to wit the said 30th day of September in the 30th year aforesaid at London c. well knowing the Treasonable matters in the same Letters contained to the same Letters did consent and then and there falsly subtilly advisedly maliciously and traiterously did abet counsel maintain and comfort the said Edward Coleman to perpetrate and accomplish the Treason aforesaid against the duty of your Allegiance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the form of the Statute in this case made and provided Cl. of Cr. How say'st thou Richard Langhorn art thou guilty of this High-Treason whereof thou standest Indicted or not guilty Langhorn Not Guilty Cl. of Cr. Culprit how wilt thou be tried Langhorn By God and my Countrey Cl. of Cr. God send thee a good deliverance Then the Petty Jury impannelled for this Trial was called the Prisoner put to his Challenges but challenging none the 12 Sworn were these JURY Arthur Yong Edward Beeker Robert Twyford William Yapp John Kirkham Peter Bickering Thomas Barnes Francis Neeve John Hall George Sitwell James Wood and Richard Cawthorne After which Proclamation for information was made in usual manner Cl. of Cr. Richard Langhorn hold up thy hand which he did You of the Jury look upon the Prisoner and hearken to his Cause He stands Indicted in London by the name of Richard Langhorn late of London Esq for that as a false Traitor c. put in the Indictment Mutatis Mutandis and against the form of the Statute in that case made and provided Upon this Indictment he hath been Arraigned and thereunto hath pleaded Not guilty your Charge is to enquire whether he be guilty of the High-Treason whereof he stands indicted or not guilty if you find him guilty then you are to enquire what Goods or Chattels Lands or Tenements he had at the time of the High-Treason committed or at any time since if you find him guilty you shall enquire whether he fled for it if you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him guilty If you find him not guilty nor that he did fly for it say no more and hear your Evidence Then Roger Belwood Esq of Counsel for the King in this Cause open'd the Indictment thus Mr. Belwood May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar Mr. Langhorn stands Indicted of High Treason and it is for Conspiring the Murder of the King and endeavouring an alteration in the Government in Church and State And the Indictment sets forth that the 30th of August in the 30th Year of the King he and other false Traitors did agree to stir up Sedition and Rebellion in the Kingdom and to cause a great slaughter of his Majesties Subjects To introduce the Superstition of the Church of Rome and Depose and Murther the King and to alter the Government in Church and State And 't is there said that to accomplish these Evil Designs he writ Two Letters to be sent to Rome and St. Omers the effect of which Letters was to procure the Assistance of the Pope and the French King to alter the Religion Established by Law in this Kingdom to Romish Superstition to Subvert the Government and to put the King to Death and that in further prosecution of these Traiterous Designs he writ Two other Letters to be sent to Rome to one Christopher Anderton Rector of the English Colledg and a Jesuit and Two others to be sent to St. Omers and in these Letters he took upon him to Advise the way and means by which these Treasons might be effected and that these several
that Question Lord Ch. Just You ought to answer it though it be nothing to the purpose Dr. Oates Then I answer it was either in February or March 1676 7 Langhorn My Lord I desire to know whether he had any Benefice Dr. Oates Yes I was sometime Vicar of Bobbing in Kent But I suppose this is to make me accuse my self of something whereby I might forfeit my Living for my Lord I have a right in a point of Equity still to that Living but only for going beyond Sea without leave of my Ordinary I am not now Vicar of Langhorn When did you come to your Vicandge Dr. Oates In 1672. Langhorn You became a Papist in 1677. I ask this Question whether he did leave his Living before he turned Papist Dr. Oates My Lord I am not willing to answer that Question Lord Ch. Just When did you leave your Living did you leave it before you went away Dr. Oates It was not very long before but the reason why I am not willing to tell When I left the Parish I left it in the charge of Mr. Thomas Turner Vicar of Milton and I did go near about Chichester and served a Sequestration there The Air was not a good Air in that part of Kent and I had not my health and that was one reason and for other reasons best known to my self Langhorn After he became a Papist I desire to know whether he became a Jesuit Were you in any Order there Lord Ch. Just Mr. Langhorn it is not a proper Question we ought not to ask it him You are a man of the Law and therefore you know it is not fair to ask any Person a Question about a Criminal matter that may bring himself in danger Langhorn I take him to be out of danger he hath his Pardon Lord Ch. Just I don't know what his Pardon is nor how far it reaches nor whether this be contained in it but if Mr. Oates pleases to answer that Question he may Mr. Just Dolben Though he hath his Pardon he may be in danger of the Ecclesiastical Censure Lord Ch. Just He says he will not Langhorn I le give you another reason why I ask it because in one of his Narratives he seems to call himself so he says There came over 9 of us all Jesuits I suppose him to be one of that Order this I took to be a ground why I might properly call him so Lord Ch. Just Narratives are no Evidence at all Langhorn But that gave me an occasion to ask the Question Dr. Oates I cannot answer it because it tends rather to raise a debate in the Court than conduces to the Question to acquit or condemn the Prisoner Mr. Just Pemberton You are not bound to answer it Lord Ch. Just He tells you he is not bound by Law to answer and he reâ—uses to answer Langhorn I desire to know whether he ever saw me or conversed with me from the time he acquainted me with the Consult and saw the Commissions in my Chamber Lord Ch. Just How often did you converse with Mr. Langhorn Dr. Oates After I returned again in July and August once or twice Lord Ch. Just How often in April and May Dr. Oates Twice I think about the time of the Consult Lord Ch. Just And when you came over again how often Dr. Oates Twice more I think twice or thrice Lord Ch. Just So then he hath been four or five times in your company Dr. Oates He would not let me come to his house for he used to say his Wife was but aumes ace turned from a Devil and therefore he would not have me come thither Langhorn I hope he will not go out of the Court Lord Ch. Just No he will stay here but you have done with him at present have you not Langhorn Yes my Lord I have Sir Cr. Levins Swear Mr. Bedloe Which was done Lord Ch. Just Mr. Bedloe I ask you but one short Question because I would not interrupt you afterwards That Paper that you saw Signed by the Superior of the Jesuits where had you it Mr. Bedloe I had it at Mr. Daniel Arthur's Langhorn What is that Lord Ch. Just It is an Instrument Signed and Sealed just as the things were which Mr. Oates says he saw in your Chamber Lord Ch. Just North. And besides you must take notice that this was found a long time after Mr. Oates had given his Testimony publickly for his Closet was not searched till a great while after Lord Ch. Just It is to shew you what Seals they used to have to their Commissions Mr. Oates describes several Commissions that he saw in your Study so Sealed and Subscribed and after the searching Mr. Arthurs Study being a Papist that Commission is found there Now though it be a thing of a private Concern a Church matter not relating to the matters in Question yet this very Commission is so subscribed and so signed and sealed as Mr. Oates had described those to be before in your Chamber Mr. Bedloe Because it was exactly the hand and seal that I saw to the Commissions in Paris I did take particular notice of the Paper and brought it to the Council Lord Ch. Just Well Sir now go on with your Evidence Mr. Bedloe First my Lord I le only ask this Question or the Court whether a known Roman Catholick may take Notes of the Evidence in such a Cause Lord Ch. Just Truly no I think not Mr. Bedloe There is an honourable Lady in that Gallery the Lady Marchioness of Winchester that hath took Notes all this Trial. Lord Ch. Just She will do her self nor no body else any great hurt by what she writes Mr. Bedloe I only speak it for the information of the Court. Lord Ch. Just A Womans Notes will not signify much truly no more than her tongue Mr. Bedloe My Lord about 3 years since I was sent by Mr. Harcourt and Mr. Coleman to Le Cheese with some Letters for the carrying on of this Design With these Letters Mr. Coleman asked me if I could go with him as far as the Temple I have no particular acquaintance with Mr. Langhorn I was but twice at his Chamber once with Mr. Harcourt and once with Mr. Coleman I waited upon Mr. Coleman to Mr. Langhorn's Chamber in the Temple There did he Register such Letters as Mr. Coleman brought to him and afterwards Mr. Coleman sealed them up and gave them me to carry to Le Cheese Lord Ch. Just How do you say when you went with Mr. Coleman to Mr. Langhorn's Chamber were the Letters writ there Mr. Bedloe The Letters were writ first at Coleman's house and brought open by Coleman to Mr. Langhorn and he read them and Registred them and then Coleman sealed them up and gave them to me to carry away Langhorn What Letters were these Lord Ch. Just Do you know what the effect of those Letters were Mr. Bedloe The Letters were read some of them at the Kings-Bench
matter done in Flanders as any thing could be in the world but it happening to be near home it hath the ill fortune to meet with a very sudden Answer which is a manifest proof how they stretch to help themselves and in my opinion this contradiction overthrows all their Evidence Gentlemen we will call out Witnesses and prove it as plainly as any thing can be in the world that Mr. Oats was here at that time First swear Will. Walker which was done Lord Ch. Just Do you know Mr. Oats Mr. Walker Yes Sir I have known him seven or eight years Lord Ch. Just When did you see him in England last year Mr. Walker I saw him the latter end of March 1678. or towards the middle of April following I saw him then in a disguise insomuch as that I knowing what he was and what he had been I could not a great while recollect the face of the man and it was a great trouble to me that having known him so many years I should not then know him I went home but could not recollect my self that night but before I rose again the next morning I did recollect my self that it was Titus Oats and I presently turned my self out of my bed and went to a Gentlewoman whose name I did not then well know to inquire of her about it After the Salutation said I How does Mr. Oats said she knocking her hand upon the Counter He is an undone man Why what is the matter said I He is turned said she to the Church of Rome Do you know where he is said I No said she but he is lurking up and down the Town and only dares appear in the evenings Well then said I I saw him later than you did for I saw him between St. Martins-lane and Leicester house yesterday but he was in a disguise and I told her what habit he was in Lord Ch. Just What time was that Mr. Walker It was about ten of the clock in the morning Lord Ch. Just But what time of the year was it Mr Walker It was the latter end of March or the middle of April Mr. Just Pemberton It was before the end of April Mr. Walker Ay ay my Lord. L. C. J. And that contradicts all your Witnesses for they say that he was there all March and all April and all May nay from December to June Langhorn He hath said the latter end of March or the middle of April I would have him be as certain as he can Lord Ch. Just He cannot be certain for those things in point of time you know and all mankind must agree that a thing done a year ago that was of no greater importance at that time cannot so easily be remembred or that he should take such special notice of the critical day What man in the world does remember or take notice so as to charge himself in what week or what month such an accidental thing as this happened But to satisfie Mr. Langhorn I ask you Can you speak any more particularly than you have done Mr. Walker Because I would not be mistaken or do any one any wrong I do rather take an uncertain time than a certain but I do think it was in the month of April and towards the middle of the month that is all I can say Langhorn But how is he sure since he is so uncertain in his memory that this was 1678 and not 1677 Mr. Walker Because my Lord it was but a little more than a year since and I am able to judge of the year as well as another Lord Ch. Just Do you remember what you went about Mr. Walker I was wont about that time of year to receive money of my Lord Thomas Howard and upon that Errand I came to Town then Lord Ch. Just But are you sure it was Mr. Oats that you saw Mr. Walker Yes my Lord for according to my apprehension I did know the face when I first saw it but I could not recollect who it was till I had refreshed my memory and the next morning I did so and then concluded it was he Mr. Just Dolben How came you hither Mr. Walker I was brought here for a Witness Mr. Just Dolben Did you discover this to Mr. Oats or did Mr. Oats first come to you to put you in mind of it Mr. Walker I had discoursed with some persons about it a while after the Plot was discovered and so I suppose it came by accident to him Then Mrs. Ives was sworn and stood up Lord Ch. Just Well Mistress what say you Mrs. Ives This is the Gentleman that told me this business Lord Ch. Just What did he tell you Mrs. Ives He asked me when I saw Titus Oats I told him I had not seen him a long time that he was gone beyond Sea he asked me if I never saw nor heard from him since I told him No but of late some of his friends had told me that he was about the Town and that they had seen him but they did not know the place where he lodged Then said he I have seen him since you for I was yesterday going into Leicester fields and going along I saw him for he was in coloured Cloaths and very much altered from what he had been Lord Ch. Just When was this How long was this ago Mrs. Ives It was about the middle of April was twelve-month and I remember it by a very good token for his Father Mr. Oats came then to my house to see me and that is the first month that our new thin Cheeses come in and I did then ask him if he would not come in and eat some new thin Cheese and when he was come in and sate down eating of Cheese and drinking a draught of drink I was a saying to him Pray Sir when did you see your Son Said he I have not seen him of late I heard from him a little while ago but I have not seen him Then said I can tell you news of him Here was such a Gentleman in my Shop that says he met him in Leicester fields but in a disguise and the told me what habit he was in Sir Cr. Levins Set up Butler Who was sworn Lord Ch. Just How long have you known Mr. Oates Butler I have known him two or three years before he went to Sea Lord Ch. Just When did you see him last year Butler When he came back he came to my Master house the beginning of May last was twelve month L. C. J. Who is your Master Butler Sir Rich. Barker my Lord. Lord Ch. Just What did he come there for Butler He came to enquire for Doctor Tongue L. C. J. Did you know him Butler Yes I did L. C. J. Are you sure that 's he Butler This is the Gentleman Lord Ch. Just And what said he Butler I was in the Gate about my Coach and he comes in and asked me if Dr. Tongue was within I told him no at present