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
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
there and when he came back found him there and that in the four days he was at St. Omers he saw Mr. Oats which was the last of April the first second and third of May. You don't know when Mr. Oats went away 4th Witness No my Lord not I. Mr. Just. Pemberton Was Sir John Warner there all June 4th Witness My Lord I can't tell that I only speak to April and May. L. C. J. Those are the two Months that fit him Mr. Just. Pemberton Why how come you not to remember that as well as the other two for that is since 4th Witness Because I took not so much notice of him in those Times L. C. J. How came you to take more special notice of them two Months than of the other 4th Witness Because our Rector did then come into England and he took the charge of the House upon him in the Rector's absence L. C. J. When did he come 4th Witness He came the 24th of April Mr. Just. Dolben Pray who is your Rector What is his Name 4th Witness Sir Francis Williams L. C. J. Where was Sir John Warner in June and July 4th Witness I cannot tell Mr. Just. Pemberton And where was he in August and September 4th Witness He went out of Town but where I am not certain L. C. J. You were Gardener there then 4th Witness Yes I was L. C. J. Why can't you as well tell me then where he was in June and July as in April and May Answer me plainly 4th Witness I think he was there all that time but I can't be certain L. C. J. Why not so certain for those two Months as you are for the other 4th Witness Because I did not take so much notice L. C. J. How come you to take more notice of the one than the other That he was there in April and May rather than that he was there in July 4th Witness Because the Question my Lord that I came for did not fall upon that time L. C. J. Now he hath answered plainly when I asked the Question Why he did not take so much notice of those Months as he did of April and May He answered me Because the Question did not fall upon those Months and that without all Question is a plain and an honest Answer Mr. Just. Dolben Indeed he hath forgot his Lesson you should have given him better Instructions L. C. J. Look you Mr Langhorne If he be to be believed and that he doth not speak falsly or more than he knows it is impossible that Oats's Testimony and his can stand together for he directly affirms he saw Mr Oats the last of April the 1st 2d and 3d of May. Now Mr Oats says he was here then so that these two cannot stand together The Question then is Whether he be to be believed And whether he does not come wilfully or prepared the Jury have beard what a kind of testimony he gives when the Question was asked him How he came to take notice of the Months of April and May more than of June and July And why he was more sure Sir John Warner was there at the one time than at the other Why said he because the Question falls upon those former Months and not upon those of June or July Now that does shake all that was said before and looks as if he came on purpose and prepared for those Months and now this I am afraid will go through all your St Omers men L. C. J. North. Indeed I doubt it will go a great way to shake all their Testimony Sir Cr. Levins You Gardener what do you say was your Rector's name 4th Witness Sir Francis Williams Sir Cr. Levins And he came over in April or May Did he 4th Witness He came over the 24th of April Sir Cr. Levins Why that is the time that Mr Oats came over and he was one of the persons that he said came over with him 4th Witness No he came alone only with a certain Officer of the Colledge Langhorne Pray let Gifford be asked the same Question about Sir John Warner for if he did come as he saith from Watton to St Omers at that time he must see him at St Omers for he was at St Omers then The Question is about Sir John Warner if he were at Watton or St Omers then he could not come over with Mr Oats L. C. J. When did you see Sir John Warner Gifford I saw him about June or thereabouts L. C. J. Where did you see him Gifford I saw him there in St Omers House L. C. J. When Gifford In June or July when he invited me over to Watton L. C. J. This man does not serve the turn he does not know the Month upon which the Question runs 5th Witness The first day of May there was a great Feast St Fortunatus and Gordianus and then I saw Mr Oats four days and he was there all the Month of May. L. C. J. Where was Sir John Warner then 5th Witness I cannot tell but at St Omers I saw Mr Poole and Sir Robert Brett at that time L. C. J. Did Mr Poole come over with you Dr. Oates Yes my Lord he did L. C. J. Witness when did Mr Poole come from St Omers 5th Witness He came first to St Omers with Mr Whitebread he was my Master of Musick and he taught me and it was impossible he should be missing without my knowledge L. C. J. But he was gone to England long before that and he could not be at England and St Omers at the same time 5th Witness You say right he could not L. C. J. When came he from St Omers 5th Witness In the Month of June or May. L. C. J. Or April 5th Witness No it was the Month of June L. C. J. These are but Collateral Matters Mr Langhorne for you to stand upon this it spends time to no purpose but the great Question is Friend whether you don't mistake the Month 5th Witness Yes yes at which the people laugh'd no no I don't mistake the Month I only speak the Truth according to my knowledge L. C. J. How can you so precisely remember the Month of May he was there for when I asked you when he went away you could hardly tell the Month. 5th Witness Yes my Lord Mr Oats says in the Month of May he was in England but I say I saw Mr Poole then at St Omers L. C. J. But the great Question is Whether you are to be believed We know you answer the Question positively but my reason why I fear you are not to be believed is because you are so precise that Mr Poole taught you all May but I ask you once more Was it in June or was it in May 5th Witness It was about June L. C. J. May is about June Why then you cannot tell Was it in June 5th Witness Yes my Lord it was it was about June And this is nothing but what I know for I
actually saw Mr Oats there at that time L. C. J. I 'll tell you what Mr Langhorne use your discretion call whom you will and we will hear them as long as you will but we had Sixteen of them yesterday that did all speak to the same purpose but in answer to these Sixteen Witnesses Mr Oats did produce and he will produce again six or seven Witnesses and one of them a Papist if not a Priest who do swear that Mr Oats was here in April and May I 'll tell you beforehand do you as you will Then one Baille stood up and being a Foreigner an Interpreter was called L. C. J. Where did you see Sir John Warner in April and May Interpreter He says he saw him actually at St Omers L. C. J. What all the Month of May Interpreter Yes he says he conversed with him all the Month of May. L. C. J. And was he there all April and conversed with him then Interpreter Yes he says every day of both Months He says he saw him from the first Sunday in April to the 14th of May and conversed with him L. C. J. Where did Sir John Warner go the 14th of May Interpreter My Lord he says he went for one day only to St Omers and came back again L. C. J. Ask him How he knows this Interpreter He says he was employ'd about a Building by Sir John Warner Then Carpenteir stood up L. C. J. When did you see Mr Oats and where Carpenteir I speak as to Sir Thomas Preston L. C. J. What say you as to Sir Thomas Preston Carpenter I saw him at Liege L. C. J. When Carpenter All the Months of March April May and June he was still there L. C. J. When went he away Carpenter In the time of the Vacancies L. C. J. When is that Carpenter That is from the beginning of August till the end of September L. C. J. When came he again Carpenter When they came to School again and that was in the 2d or 3d of October Mr. Just. Dolben Were you with him all that time Carpenter Yes I was He hath not been in England these three Years L. C. J. How long have you been there Carpenter I have been four Years and I never knew that he was absent but in the time of the Vacancies Mr. Just Pemberton Call another Witness Then stood up another Witness who being a Dutch man and not speaking English an Interpreter was called for him also L. C. J. Well what comes he for Interpreter He says he comes to testifie That Sir John Warner was at Watton in April and he says he saw him there from the 14th of April to the 25th of April L. C. J. And then to what time Interpreter He says he was there till the 16th of May. Mr. Just. Pemberton Ask him where he was the beginning of April Interpreter He says he was Superior there in the House and did Govern L. C. J. Ask him where he was in the latter end of May Interpreter He says he was likewise in the House save only one day when he went to St Omers L. C. J. Then he might have said in short he was there all April and May. Mr. Just. Pemberton Call another Witness Langhorne Call John Joseph Who stood up Mr. Just. Pemberton What do you ask him Mr Langhorne Joseph That which I say is this That Sir Thomas Preston was at Liege in March April May and June in the Year 1678. L. C. J. Did you see him every day in those Months Joseph That I cannot well tell L. C. J. Did you see him every other day Joseph Yes my Lord I believe I did once in two or three days L. C. J. Where was he in July Joseph He was at Liege too He was obliged to be so but in the time of the Vacancies in August he was absent L. C. J. Then you say he was all those Months March April May June and July there Joseph Yes my Lord those four Months I am sure of it L. C. J. What became of him in August when he went during the Vacancies abroad Do you know whither he went Sir Cres Levins Do you know whether he went into England Joseph I never heard that he was in England L. C. J. When did he return again Joseph When they began School and that is in the beginning of October Then another Witness stood up L. C. J. Well what say you 10th Witness I can say that Mr. Oats never stirred out of the Colledge at that time when he says he came to England that is he says he came upon Monday the 25th of April but he did not for that day he went into the Infirmary and he stayed at St. Omers all April and May. L. C. J. And how much longer 10th Witness A great part of June L. C. J. Was he there the 20th of June 10th Witness I am sure he was but how much longer I cannot tell L. C. J. Where was he in February and March 10th Witness He was there too in January he lay out one night and that was at Watton but I am sure he did not come over the 24th of April N S. as he says Mr. Recorder Now he says it is New Stile not Old Stile as he said yesterday Then another Witness stood up L. C. J. Well what do you say 11th Witness Mr. Poole was sick and I can remember when his Nephew went to him into the Infirmary before he went away from the Colledge and he gave him good Counsel as he said and I remember that Mr. Brett was sick at Watton and did come home again on Horseback and I believe he did not stir out and Mr. Poole was at St. Omers I am sure I saw him once in two or three days all April and May. He went by the name of Killingbeck L. C. J. But he does not positively say he saw Sir Robert Brett every day there he says he believes he did 11th Witness He came into the School and gave the Boys Questions to dispute of Mr. Recorder Call the rest of your Witnesses Then another Witness was called and stood up L. C. J. North. When did you see Mr. Oats at St. Omers 12th Witness I saw him almost every other day from the time he came till he went away L. C. J. When was the first time you saw him 12th Witness The beginning of December L. C. J. Did you see him in April there 12th Witness Yes I saw him in April there at an Action L. C. J. And did you see him in May there 12th Witness Yes I can testifie I saw him the first day of May in the Garden L. C. J. How long staid he there 12th Witness Till June L. C. J. How came you to take such precise notice 12th Witness By his very place I could not but take notice if he were missing L. C. J. How can you say you saw him in the Garden the first of May 12th Witness I 'll tell your Lordship why
of January L. C. J. Ask him what he says about Nevil and Poole Interpreter He says they were there all June and that Mr. Poole went away in the Month of July and he further says that he being a Waterman he carried this same Williams and March in his Boat the last Sunday in April Lord Ch. Just North. Who is your next Mr. Langhorn let him stand up which he did When did you see Mr. Oates at St. Omers 16th Witness In the month of April 1678. Lord Ch. Just And in May too was he 16th Witness Yes he was Lord Ch. Just Was Mr. Poole there all that time 16th Witness Yes he was and so was Mr. Nevil and Mr. Bret. Lord Ch. Just. Where is Nevil now 16th Witness I believe left him there Lord Ch. Just What are these persons 16th Witness The one is a Prefect and I believe he is there still In the month of May I made Mr. Killingbeck a Sute of Clothes and Mr. Oates came into the Shop and asked me whose clothes they were I said Mr. Killingbecks said he how can that be they are black said I they must be black for he is in mourning Langhorn Here is Mr. Grove's Wife and his Maid Then Mrs. Grove stood up Lord Ch. Just What question would you ask of her Langhorn Mr. Oates hath sworn and given us several circumstances of his coming over and being here at that which he calls the Consult and that he lay at Mr. Groves three or four nights I desire she may be asked that question whether he did so or no Lord Ch. Just Do you know Mr. Oates Mrs. Grove Grove No I never saw him Lord Ch. Just. Were there any Lodgers lay at your house in April was twelvemonth Grove Yes my Lord there were Lord Ch. Just Do you use to have Lodgers that you do not know Grove My house was full of Lodgers at that time I did not know them till they lay there Sir Cresw Levins Why then Mr. Oates might be there and you not know him Grove If he lay there I must needs know him Lord Ch. J. Why might not a man lye with any of your Lodgers three or four nights and you not know him Grove Who should he lye withall my Lord Dr. Oates I had a bed to my self when I lay there Lord Ch. Just Mr. Oates describe the Chamber as well as you can Dr. Oates It was a place taken out of another Room where two men were taken out that were committed to prison Lord Ch. Just. Were there any persons taken out of your house and sent to prison Grove Yes my Lord there were Lord Ch. Just In that very Room he lay out of which those persons were taken Grove He did not Dr. Oates Upon my Oath I did lye there 3 or 4 nights more or less Sir Cr. Levins You were in a disguise Sir at that time were you not and went by another name and so the woman might not known you Dr. Oates Yes I did so Lord Ch. Just You cannot make any great matter of this she had some Lodgers and she knew them but he went by a wrong name and was in a disguise Langhorn Mrs. Grove says she knew all the Lodgers that then lay there pray ask her if she did not Lord Ch. Just Do you remember who lodged in your house in April was a twelve month Grove Yes I do Lord Ch. Just Name them Grove Why there was one pair of stairs one Mr. Strange by Name and one Mrs. Fitzherbert and above there lay my Sister Lord Ch. Just What all the month of May and April Grove Yes Lord Ch. Just And not in June Grove I am not demanded of June Lord Ch. Just She answers exactly to them two months what say you to March Grove They were there in March Lord Ch. Just Who lay in the Room from whence the men were taken that were carried to prison Grove There was one Master Crupper and another young man that lay with him Lord Ch. Just Why might not that be Mr. Oates Grove He was one that was a Prisoner by Mr. Oates Order And Mrs. Fitzherbert lay there Lord Ch. Just What in that Room whence the young men were taken out in April or May Grove Yes my Lord. Lord Ch. Just Well what say you to the other months March and June and July Grove I was not to be examined further than the two Months I spoke of before Lord Ch. Just Look you she says that for April and May two Gentlemen had the Lodging that Mr. Oates says he lay in but for any other time she was not to be examined Well have you any more witnesses Langhorn Here is Mrs. Grove's Maid Who stood up Lord Ch. Just Maid Can you tell who lay in Grove's house in April and May was twelvemonth Maid Yes my Lord I can Lord Ch. Just Who were they Maid There was my Mistresses Brother and Sister lay there Mr Just Pemberton Do you know them all what men lay there Maid None but Master Strange my Lord. Lord Ch. Just Mistris Groves said that her house was full Maid Indeed my Lord there was her Brother Mr York and his Wife Lord Ch. Just But who is that Fitzherbert Maid She is a Gentlewoman Lord Ch. Just Who lay there in March And who lay there in July Maid Master Strange and Mistress Fitzherbert Lord Ch. Just How long did they lye there Maid In April May June July and August Lord Ch. Just She sayes they lay there in March April May June July and August and her Mistress said they were there but a quarter of a year only she said she was to be examined no further Langhorn My Lord I desire to prove a Copy of the Record in the Lords House Lord Ch. Just. That is not to be given in Evidence here Mr. Recorder You know how far such a thing will be Evidence manage your own Evidence well Langhorn It is an Extract out of the Journal of the House of Lords Lord Ch. Just What particular do you pitch upon Langhorn About those persons who he says came over with him from St. Omers Lord Ch. Just North. Do you think it reasonable that any man should come to answer now all that ever he hath sworn in his life If you can shew any Record to contradict what he hath sworn here shew it Do you think he can come prepared to justifie all he hath sworn in any other place Langhorn He referred to that himself Lord Ch. Just No he does not Langhorn But he hath said over and over that Sir John Warner came over with him Sir Tho. Preston and Poole Lord Ch. Just. What should you urge that Book for Can you make any other proof Langhorn I would have the persons called that took the Narrative of Ireland's Tryal Lord Ch. Just. If you have any more Witnesses call them Langhorn Won't your Lordship allow me to prove by Witnesses what he affirmed in relation to me at another Tryal Lord
I did not know him because he was in such a disguised habit I knew him very well before because he went in such an habit as he does now but this is the man and Titus Oates in his name Said I Mr. Oates you are welcome into England again but he took no notice but went forward into the house but he made but a little stay there and came out again it seems somebody had affronted him and laughed at him because he was more like a Shepherd than a Minister His hair was cut and he had a gray Coat on and plain Shooes and a flopping Hat and so he went out of the Gate and would not take any notice of me or what I said Langhorn How does he know it was in 1678 and not 1677 He says it was in the month of May was twelve-month Butler I know it by this Circumstance In February I went down into Lincolnshire and I came up again the same month Sir Rich. Barker was then sick and in the Country and there he was a great while and when he came to Town I did acquaint my Master that Dr. Oates was there to enquire for Dr. Tongue in the strangest habit that ever I saw man in in my life Lord Ch. Just How long after he had been there was it that you did tell your Master Butler It was as soon as my Master came back as soon as I saw him it might be a week Lord Ch. Just Was it about a week or a fortnight Butler I do not know exactly Mr. Belwood Then swear Cicily Mayo Which was done Lord Ch. Just Do you know Master Oates Mayo I never saw his fact before that time nor had I taken notice of him then but that there was a young man that lived with Sir Rich. Barker who had a great acquaintance with him and seeing him in that Garb he called me to the window and said Mr. Oates surely is turn'd Quaker or Jesuite by the change of his habit no said I he is no Quaker for he hath got a Perriwig on Lord Ch. Just Maid when was this Mayo This was before Whitsontide L. C. J. Which Whitsontide Mayo Whitsontide was twelve-month Lord Ch. Just How long before that was it Mayo It was a matter of a fortnight before as I remember Lord Ch. Just Are you sure you know him now Mayo Yes this is the man L. Ch. Just North. Did you tell your Master of it Mayo I was not so well acquainted with him as to speak to Sr. Richard Barker about it but the other Servants they told him Mr. Belwood Set up Philip Page Who was sworn Do you know Mr. Oates Page Yes my Lord I have known him these five years L. C. J. When did you see him Page About May was twelvemonth L. C. J. Where Page In Sir Richard Barker's house Lord Ch. Just Are you sure this was the man Page Yes I am sure it was he Langhorn What time in May was it Page About the beginning of May. Lord Ch. Just And you take it upon your Oath that you saw Mr. Oats the beginning of May was twelvemonth in Sir Richard Barker's house Page Yes my Lord I do Mr. Just Atkins What is become of the Boy that spoke to the woman about him Mayo He is dead my Lord. Sr Cr. Levins Then swear Sir Richard Barker Which was done L. C. Just Do you know Dr. Oates Sir Sir Rich. Barker I have known him these many years I have known him from a Child L. C. J. Did you see him about a year ago Sr Rich. Barker My Lord I did not see him then I was out of town but as the Servants tell your Lordship so they told me when I came home that Mr Oates had been there in a strange kind of habit that he was either turned Quaker of Jesuite I did very much admire at it for I had seen his Father but a little while before and he told me nothing of it I had a mind to have given him a Living while he was in our Church Lord Ch. Just When did your Servants tell you they saw him Sir Rich. Barker They told me when I came home which was in the latter end of Whitsun-week or the beginning as I remember Lord Ch. Just Was it in Whitsuntide Sir Rich. Barker It was about that time they told me the odd kind of posture he was in and that young Fellow that they speak of told me several passages of Mr. Oates He is now dead Lord Ch. Just But when did they speak of it to you Sir Rich. Barker My Lord when I came home two or three of them told me of it with great admiration as they have told your Lordship and the Court and I said to one of them What! did he leave no Message They told me he enquired for Dr. Tonge and asked for me but that was all that they told me L. C. J. Come was it in May Sir Rich. Barker Yes my Lord it was in May was twelvemonth Lord Ch. Just How do you know it was May was twelvemonth Sir Rich. Barker It was last year about the beginning of May. Lord Ch. Just North. Nay he tells you this when you asked him the Question Whether he knew Mr. Oates Yes said he I did know him formerly and when he was of our Church I did intend to have given him a Benefice Langhorn Certainly his change that is his becoming a Roman Catholick could not be a thing so strange that he should intend then to give him a Benefice Mr. Just Atkins But hark you Sir I suppose you remember it by your own Sickness very well Sir Rich. Barker Yes my Lord very well I had a little distemper upon me and Dr. Needham of the Charter-house came to see me and I lay sick a matter of six or seven Weeks and the latter end of my sickness I continued taking of Physick till I came to town L. C. J. But you are sure of the year by that Sir Rich. Barker Yes my Lord and Yesterday I should have acquainted your Lordship and the Court that there are some persons not unknown to some of the Bench if not near ally'd to them and that is Sir William Tyrrills Family of Lincolnshire his Grandson who had been at Cambridge and then came to visit me though I happened not to be at home they being my Wives Relations and it was before Whitsontide because he came to take the advantage of that Season of the Year and he had conversed with Mr. Oates but he is not in Town at present and there are two or three of the University that conversed with Mr. Oates at that time Mr. Just Pemberton Are they here Sir Rich. Barker I only tell it you for a Circumstance Sir Cr. Levins Then set up Mr. Clay Who was sworn L. Ch. Just Do you know Mr. Oates Mr. Clay Yes I know him very well L. Ch. Just How long have you known him Mr. Clay Since last April was a Twelve month L.
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