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
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
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
Letters were sent and delivered by him and received The Indictment further sets forth that in further prosecution of these Traiterous Imaginations of his he did recieve 5 several Commissions in Writing by Authority derived from the See of Rome and those were for the making of Military Officers to Execute these Treasons by force of Arms and that he did likewise receive 5 other Commissions for constituting Civil Officers in this Realm after the Treason was committed And that amongst the rest he did receive for himself one Commission to be Advocate General of the Army that was to be rais'd And the Indictment further Charges upon the Prisoner that to accomplish these Treasons whereas Ireland Pickering and Grove and other false Traitors had consulted these Treasons which I before mentioned Mr. Langhorn had Notice of the Treasons and did Consent to them and Abet them and that he did solicit the Benedictine Monks to advance 6000 l. for the Murther of the King for the Alteration of Religion and for the Subversion of the Government in Church and State And further whereas Mr Coleman who was Executed for Treason had with others conspired the Death of the King and the introducing of Popery and has writ a Letter to the French Confessor Lee Cheese for Aid and Assistance that the Prisoner at the Bar had Notice of this and that he did consent to it and did Abet it This Gentlemen is Charged to be Traiterously and Devilishly done against the Prisoners Allegiance and the form of the Statute To this he hath pleaded Not Guilty but if we prove these Treasons or any of them you are to find him Guilty Then Sir Creswel Levins one of his Majesties Learned Council in the Law opened the Charge thus prout Sir Cr. Levins Way it please your Lordship and you Gentlemen of the Jury Mr. Langhorn is Indicted for Treason for having a part in that general Treason that you have heard several times before of and some Persons there were Indicted Tried and Convicted yesterday for that Treason that Mr. Langhorn had an hand in for the Indictment does set forth that there were Letters written by him to Rome to the same purpose of which Gentlemen you have heard so often and will hear again This Treason was no less than to murther the King to alter the Religion to overturn the Law to raise an Army by force to effect all this and in short to do all the mischief that men if it be lawful to call such Creatures men could do That there was in order to this Consultations held the 24th of April among the Jesuits and there it was resolved that the King should be killed there were Persons appointed to do it that was Pickering and Grove but they failed therein and they prosecuted it at Windsor but happening to fail there also they followed him to New-Market and Ordered that it should be done there And when all this failed they took another course his Majesty was to be Poisoned and as I said before to make all this good an Army was to be raised of 50000 men in England to perect this Work but if that would not do they were to have Forces from beyond Sea to joyn with them And Mr. Langhorn he writ Letters to procure these Forces and he not only did so but he found the effect of his Letters and received Commissions from beyond Sea whereof one was for himself to be Advocate General of the Army All these things are laid to Mr. Langhorn's Charge But I le begin first and shew you before I come to the particular Evidence against Mr. Langhorn some Evidence of the general Design and therefore we will call some Witnesses to do that in the first place and then bring it down to Mr. Langhorn himself Call Mr. Dugdale and Mr. Prance who were both Sworn and Mr. Dugdale first stood up Sir Cr. Levins Come Sir what do you know of any Design to murther the King speak what you know concerning the Plot and Conspiracy Mr. Dugdale I was in several Consultations for alteration of this present Government and for the introducing of Popery and for the Murther of the King I was a Person in most of the Consultations to the same purpose and heard the very words used and was hired to be instrumental in it and was to have a Sum of Money to be one of them that should do it I was to be an actor in it and was to have a place appointed to do it Mr. Just Atkins What were you hired to do Mr. Dugdale I was to kill the King Sir Cr. Levins And who were the Persons that put you upon it Mr. Dugdale There was Mr. Ewers Mr. Gavan Mr. Luson and Mr. Vavasor Sir Cr. Levins What were these men Mr. Dugdale They are all Jesuits Sir Cr. Levins Do you know any thing of an Army that was to be raised to effect it Mr. Dugdale They always did speak of an Army that was to be raised but it was not actually to be done till the King was killed that was the last Conclusion it was indeed at first concluded on to raise an Army but the last Consultation was that there should no Arms appear till the King was killed Sir Cr. Levins You do not know any thing of Mr. Langhorn in particular do you Mr. Dugdale No I do not know any thing in particular of him I have heard of him Lord Ch. Just North. Why you brought him only to prove the general Design Mr. Dugdale There was a Massacre to be and then there should be an Army a pretty good considerable Army there was no certain number that I could hear of but those that did escape the Massacre should be cut off by the Army Lord Ch. Just North. Where were these Consultations Mr. Dugdale One was at Tixal another was at Boscobel at my Lord Aston's and Mr. Gerrards Lord Ch. Just Where were these Places Mr. Dugdale In Staffordshire Mr. Just Atkins Pray who were to be Massacred in the first place Mr. Dugdale All Protestants and those we could not be sure of to be Papists Mr. Belwood Pray Sir what do you know of any Letter to be writ to Mr. Ewers concerning Sir Edmond-bury Godfreys death Mr. Dugdale I do remember a Letter that came to Mr. Ewers from Mr. Harcourt which did express and begin thus This very night Sir Edmond-bury Godfrey is dispatched with some other words of like import and then I sent to Mr. Ewers about it And do you think this will carry on the Design I will be hang'd if it don't spoil it No said he he was a Person that used to be very severe against debauch'd lewd Persons and so it will be laid as if they had done it out of Revenge Lord Ch. Just North. What day of the week was that Letter dated Mr. Dugdale It was as I can very well make it out on Saturday Lord Ch. Just North. And when was it received Mr. Dugdale It was received on Monday night Lord
Ch. Just North. What were the Contents of it do you say Mr. Dugdale It began thus This very night Sir Edmond-bury Godfrey is dispatched Lord Ch. Just North. Who did it come from Mr. Dugdale It came from Mr. Harcourt Sir Cr. Levins They themselves know that he was not found here in London till Thursday Mr. Dugdale I could not hold it run so much in my mind but the next morning going to an Ale-house hard by I there spoke of it and immediately it was carryed to Mr. Chetwin and he was here yesterday to make it out that I so did Lord Ch. Just North. But why did they kill him was it expressed why Mr. Dugdale I had several times heard he was too much privy to their Consultations Lord Ch. Just North. That is you mean he had had too much discovered to him Mr. Dugdale And so they were afraid of Mr. Coleman too that he carried things too high and he was out of their favour for 2 years Sir Cr. Levins Then call Mr. Prance Pray Sir what can you say Mr. Prance There was one Mr. Messenger a Gentleman of the Horse to my Lord Arundel of Warder who was employed by my Lord Arundel of Warder and my Lord Powis and he was to kill the King and to have a very good reward for the doing of it and I was told so by my Lord Butler I afterwards met with this Messenger and asked him what his reason was that he would kill the King He told me he was off of it now Sir Cr. Levins But what was to be done after they should kill the King Mr. Prance Presently there should be an Army of 50000 men raised to be governed by my Lord Arundel and my Lord Powis and them I have heard Mr. Fenwick and Mr. Ireland and Grove to speak of this at the same time together Sir Cr. Levins What was that Army to be raised for Mr. Prance To settle the Catholick Religion Lord Ch. Just What was to become of other Persons Mr. Prance They were to be killed and ruined all So Fenwick told me Lord Ch. Just North. Look you Mr. Langhorn these Witnesses speak nothing to you in particular but only that there was a Conspiracy in general to kill the King and introduce Popery If you will ask them any Question you may Langhorn No my Lord they not accusing me I have nothing to say to them Mr. Prance I heard one Mr. Harcourt say that the King was to be killed by several before one Mr. Thompson twice in his own Chamber in Duke-street And I heard Fenwick say that Mr. Langhorn was to have a great hand in it Langhorn Is that all you have to say as to me Mr. Prance It is all that I know of Then the Lord Chief Justice Scroggs came in Sir Cr. Levins Now my Lord we will call the Evidence that shall prove the particular matters of the Indictment as of writing the Letters beyond Sea of his receiving Commissions of his distributing them here to the several persons to whom they were directed of his Soliciting for the mony the 6000 l. to be raised by the Benedictine Monks which was either for a particular purpose to poison the King or to carry on the Design in general And first we call Dr. Oates who was Sworn and stood up Sir Cr. Levins Sir you hear what the matter is as to Mr. Langhorn be pleased to tell the Court whether you knew he writ any Letters and received any Commissions speak your whole knowledge Dr. Oates I hope your Lordship will be pleased to give me leave to use my own Method Lord Ch. Just Ay Ay take your own way Mr. Oates Dr. Oates Then I begin thus In the month of April 1677 I went into the Kingdom of Spain in the month of September following the sons of Mr. Langhorn came into the Kingdom of Spain it was September or sooner but I will not be possitive as to the time of their coming the one was a Scholar of the English Colledge at Madrid the other was a Scholar of the English Colledge at Valledolid They came there to study Philosophy in order to their receiving of the Priesthood my Lord my occasions called me into England in the month of November following and coming into England Mr. Langhorns sons did give me some Letters to Mr. Langhorn their Father and as soon as I had rested my self for a day or two after my Journey I came to Mr. Langhorns's house in Sheer-Lane Now Mr. Langhorns Wife being a Zealous Protestant I did whisper his Footboy or his servant boy in the Ear that he should go and whisper his Master Mr. Langhorn and tell him there was one would speak with him from his sons Mr. Langhorn by his son did desire me to meet him at his Chamber in the Temple in the Inner-Temple-Lane it was I think I know the Chamber however and accordingly I did meet Mr. Langhorn that night by the means of his half Brother who is brother I think by the mother and not by the Father his name is Smithson and when I came into Mr. Langhorns Chamber their Chambers being directly opposite one to another I was treated by Mr. Langhorn with a great deal of Civility and I delivered Mr. Langhorn the Letters from his sons and I told him that I thought his sons would enter into the Society Mr. Langhorn was mightily pleased with the News being himself a great Votary for the Society that his sons would enter into it Now may it please your Lordship Mr. Langhorn did say he thought if they did continue in the world that is secular Priests they would suddenly have very great promotion in England for he said Things would not last long in this posture that is at that time he then spoke I speak the words now that he said then And now my Lord I was with Mr. Langhorn another time while I was in England but in the latter end of November old Stile in the beginning of December new Stile I went to St. Omers and there were Letters that he delivered me looking upon the Prisoner a Pacquet to carry to St Omers And when the Pacquet was opened there was a letter Signed Richard Langhorn in which he gave the Fathers at St. Omers great thanks for the great care had of and kindness they shew'd to his sons and that what they had been out of Pocket for their Viaticum in Order to their journey into Spain which was 20 l. he promised them they should be repaid it and in this Letter he did expresly say that he had written to Father Le Cheese in order to our concerns those were his words Now my Lord the Letter that he writ to Father Le Cheese I saw not but only this Letter I saw which gave an account of that Letter he had writ to Father Le Cheese and he said Mr. Coleman had been very large with him and therefore it would not be necessary for him to trouble his Reverence
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
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
Bar at Coleman's Trial There was one of them writ by Mr. Harcourt another by Mr. Coleman to Le Cheese Mr. Just Pemberton What was the effect of them Lord Ch. Just Only to let Le Cheese know that they waited only now for his Answer how far he had proceeded with the French King for the sending of money for they only wanted money all other things were in readiness That the Catholicks of England were in safety had made all Places and all Offices to be disposed of to Catholicks or such as they thought would be so that all Garrisons were either in their own hands or ready to be put into them that they had so fair an opportunity as I remember that was one of the expressions in the Letter to Father Stapleton that they had so fair an opportunity having a King so easy to believe what is dictated to him by our Party that if we slip this opportunity we must despair of ever introducing Popery into England for having a King of England so easy and the French King so powerful they must not miss such an opportunity Lord Ch. Just For what Mr. Bedloe To send over money for the carrying on of the Cause for they only wanted that all else was in readiness And the other Letters were to the same effect though in other words That Letter was in English but the Letters to Le Cheese and the Nuncio were both in French Lord Ch. Just But you understand French don't you Mr. Bedloe Yes my Lord I do Lord Ch. Just Did he Copy them out while you were there by Mr. Bedloe He Registred them before me Lord Ch. Just Did he write them into a Book and were you there all that time Mr. Bedloe Yes my Lord I and Coleman walked in the Chamber whilst he went in and writ as he did other things for he Registred all their Accompts There was not a peny of Money either received or laid out nor any thing done almost in relation to this Concern but he did keep a Register of it I cannot say that ever he did talk any thing before me of the Kings death particularly but talked of the whole Design About a Year and a half since Mr. Harcourt sent another Pacquet of Letters by me to Mr. Laghorn to be Registred he looked strangely upon me and received the Letter and sent an Answer to Mr. Harcourt that Mr. Williams for I went then under the name of Captain Williams had delivered him such Letters and that he should have them again to morrow after he had Copied them and Registred them Mr. Harcourt read the Letter of Answer to me and in the Letter it was Mr. Williams Said I to Mr. Harcourt I thought I might have been Registred by my right name because when any thing should take effect and occasion serve I resolved to bear my own name Alas says he this does not signifie any thing at all for as for this Register it is not so considerable there shall be a new Register made of things of weight and moment this is only a blind Register amongst our selves The 2 Letters that I brought from Harcourt there was one of them from Sir William Godolphin that I had brought before from Spain Lord Ch. Just Who was that directed to Mr. Bedloe To my Lord Bellasis and about three weeks after it was that I was sent to Mr. Langhorn to have it Registred the other was from the Irish Colledge of Jesuits in Salamanca The Letter from the Rector did specify that they would have my Lord Bellasis and the rest of the Lords that were concerned and the rest of the Party in England to be in readiness and to have this communicated with all expedition for now they had provided in Spain under the notion of Pilgrims for St. Jago some Irish Cashier'd Souldiers that had left their Country some for Religion and some for their Crimes and a great many Lay-Brothers whom they had procured and gathered together under the notion of Pilgrims to be ready to take Shipping at the Groin to Land at Milford-Haven there to meet my Lord Powis and an Army that he was to raise in Wales to further this Design And these Letters said they had almost brought it to a Period that they did only expect a return from England to shew in what readiness they were here that accordingly they might proceed Lord Ch. Just Did Mr. Langhorn see these Letters Mr. Bedloe He took these Letters from me and told me Mr. Harcourt should have them again when he had transcribed them and writ a Letter to Mr. Harcourt that Mr. Williams had brought him such Letters Lord Ch. Just And he did transcribe them Mr. Bedloe I suppose so for he afterwards sent them back to Mr. Harcourt Mr. Just Atkins Was it a good large Book that he Registred them in Mr. Bedloe I know not what Book he Registred them in not those Letters Langhorn It is a proper Question because said I Registred those Letters before him Mr. Bedloe I say I saw him in his Study transcribe Coleman's Letter whilst Coleman and I walked in his Chamber L. C. J. Into what kind of Book did he Register that Had he more Books then one pray Mr. Bedloe My Lord I cannot tell that I judge it might be the same Book I saw the Book then it was a large Parchment Book but I did not see it when Harcourts Letters were Registred When Coleman and I came thither he went into his Study and left us in the Chamber I saw him transcribing the Papers that lay before him but when I brought those Letters from in Mr. Harcourt I onely delivered them sealed up and his answer to Father Harcourt was that Mr. Williams had brought him so many Letters and he should have them again as soon as he had transcribed them Lord Ch. Just Mr. Langhorn you would do well to shew us the Book and that would make the matter plain Lord Ch. Just North. Could you see how far he had gone in the Book and what Room there was left to write other Letters Mr. Bedloe It was a Book at least 3 Inches thick and as near as I could guess he had gotten threw 2 thirds of the Book Lord Ch. Just But you should shew us your Book Mr. Langhorn Langhorn I say my Lord if I had such a Book it must needs be found in my Study if I had it it must be there for I never removed it Lord Ch. Just That was not a Book fit to be left there Mr. Bedloe My Lord Pritchard did tell me that the Commissions were come and that Mr. Langhorn had them and things says he are now in a readiness Then said I When shall I have my Commission Said he those that Mr. Langhorn hath are only for the General Officers you must have yours said he from my Lord Belasis Sir Cr. Levins Do you know any thing of any money that was to be raised by the Benedictine Monks 6000 l.
or what other sum Mr. Bedloe My Lord in May 1676. among the Letters I carryed to Le Cheese one of them was directed to Stapleton a Benedictine Monk to raise the mony for England Lord Ch. Just The mony what mony Mr. Bedloe The mony they had promised to remit into England Lord Ch. Just But did they name no sum Mr. Bedloe No my Lord for they had no particular promise but only that they did make it their business to raise what they could Lord Ch. Just And what was it Do you know of any sum of mony that was raised and by whom Mr. Bedloe Le Cheese told me himself that they had no reason to suspect him or his Interest with the French King for he had laid that sure enough And that when he found a fit opportunity the mony was ready to be remitted into England and that he had remitted some of it already to Mr. Coleman and Ireland Lord Ch. Just You know not but by what Le Cheese told you Mr. Bedloe No. Lord Ch. Just He speaks what Le Cheese told him that he would raise mony and that he had sent some to Mr. Coleman and Ireland Mr. Bedloe Yes and that the rest should follow when he found there was absolute occasion but he would not part with his mony till they had assurance of their being in readiness here and likely to further and carry on the Design Mr. Just Atkins Mr. Bedloe had you any discourse with the Prisoner about any Commissions Mr. Bedloe No my Lord 't is at least a year and an half since I saw him Lord Ch. Just Did he ever own any Commissions he had Mr. Bedloe No Pritchard told me he had some Lord Ch. Just You have seen the Commissions have you not Mr. Bedloe No I never saw any in Mr. Langhorns hand Lord Ch. Just Where did you see them then Mr. Bedloe Sir Henry Tichbourn did shew me three Commissions in Paris Signed by the General of the Order and sealed with the Jesuits Seal which made me take up this Paper which hath been shewn tho it were a thing indifferent yet because it was written with the same hand and Sealed with the same Seal that the Commissions were that I saw in Paris Mr. Belwood Did Mr. Langhorn know any thing of the Treason to murther the King by Pickering and Grove Mr. Bedloe That I do know only y breport but when Grove Pickering and Conyers were going to New-Market I was at Harcourt's Chamber and I had a Design to go to Windsor to observe what they did and I did ask Father Harcourt to give me leave to go see a friend of mine take shipping at Plymouth to send some Commendations by him to my Friends in Italy then says Father Harcourt you cannot be spared you must not go now for we don't know what return these Gentlemen will make of their journy and what occasion there may be for you if there should be any good effect of it then said I I will go and write and send it by a friend down to be sent into Italy but said he you must stay a while till I come back again I am going to Mr. Langhorns Chamber in the Temple to take the Minutes of what they have done this morning that was the contrivance of sending down those people to New-Market to assassinate the King Mr. Just Atkins That is no Evidence against the Prisoner because it is by Hear-say Lord Ch. Just It is right and the Jury ought to take notice That what another man said is no Evidence against the Prisoner for nothing will be Evidence against him but what is of his own knowledge But I desire Mr. Bedloe as well as you can you would repeat the effect of one of the most material Letters Mr. Langhorn did transcribe Mr. Bedloe Though I was not so exact a French-man in the nicety of the Tongue yet I understood enough to learn the sence of those Letters The English Letter from Stapleton which he transcribed was to this effect That Coleman and Harcourt naming themselves We that is We and the Jesuites and it was to the Rector of the English Monks in particular but I missed of the Rector and Mr. Stapleton receiv'd it I say the effect of that Letter was they would have a certain answer from them Langhorn When was it Mr. Bedloe It was in 76 Lord Ch. Just What was the effect say you Mr. Bedloe The effect was that they would have a final Answer from those Religious at Doway and Paris to know how far they had proceeded with the English Religious and all their Friends beyond Sea in making Collections and remitting of money for there was only money wanting for the Arms of the Catholicks were all ready and they had all a good mind to the Business their Arms and Hearts were ready and the easiness of the King of England and the strength of the power of France made it an opportunity not to be neglected That the Garrisons were ready to be put into such hands as they could trust Lord Ch. Just Was there such an expression in the Letter upon your Oath that they had such Arms and that the Garrisons were ready to be put into their hands and whose hands they were ready to be put into Mr. Bedloe Yes my Lord there were such expressions and they would have the Garrisons only in such hands as they coâ—l â—ust Lord Ch. Just And did he transcribe those Letters Mr. Bedloe He did transcribe those 3. while we were in his Chamber Mr. Just Pemberton Was there any mention of exciting the French King by power to Invade this Kingdom Mr. Bedloe There was in the French Letter to Monsieur Le Cheese which he transcribed too Langhorn That was in French he says Lord Ch. Just I suppose you understand French too or else you could not do what you did Langhorn I Understand Law French Lord Ch. Just Mr. Bedloe did you never hear him discourse in French Mr. Bedloe No my Lord. Dr. Oates I cannot write nor read French but I can Translate it Mr. Recorder If you have any Questions to ask him you may ask him Langhorn How many were the Letters that then I transcribed Mr. Bedloe There were Three my Lord one was to the English Monks at Paris another was to Monsieur Le Cheese another to the Pope's Nuntio Langhorn Were they long or short ones I ask for this reason because I observe that in the Narrative Coleman's Letters are very long of what length might they be Mr. Bedloe They were the best part of half a sheet of Paper for Mr. Coleman writ a curious fine small hand and would put a great deal of Business into a little Paper the Popes Nuntio's Letter was very short Lord Ch. Just Did he transcribe them all before you went away Mr. Bedloe Whilst we walked in his Chamber he Registred them We took a great many turns about in the Chamber and I saw the Papers before him and
his Book Langhorn Did those Letters express what the money was to be raised for or did they leave it to be understood my meaning my Lord of my Question is this whether Mr. Coleman writ to him to hasten the money and said it was for such a particular use or only in general Lord Ch. Just He hath answered it already but he will do it again Mr. Bedloe My Lord though it was not expressed in the Letter but only we want nothing else from beyond Sea but your assistance tho it was not expressed in the letter to destroy the King and the Protestant Religion yet the full of the discourse betwixt Mr. Coleman and Mr. Langhorn was to this effect We only stay for money when we have got that we will put our selves into a posture Lord Ch. Just If you observed it he said so before when we asked him what the effect of those Letters was that all things were ready it is a good opportunity now for the effecting of our Design having so easie a King to deal with and your King having so powerful a Treasury do you but get the mony of him and we shall do well enough Mr. Bedloe Though it was not specified in the Letters what the mony was for yet in the discourse between Mr. Coleman and Mr. Langhorn it was worded so that it was plain it was to destroy the Government and introduce Popery Langhorn My Lord ask whether this be all that he charges upon me Mr. Bedloe I cannot say that my Lord that this is all I have to say against him things may occur to my memory hereafter which do not now Lord Ch. Just But at this time you remember no more do you Mr. Bedloe No. Mr. Just Atkins But to my apprehension what you said last is most material that is the discourse between him and Mr. Coleman for that Rivets the whole When he said that is we had but a Return of this money then we have made our selves safe or words to that effect but it was to the full meaning of this that the Protestant Religion could not stand any longer here having assistance from France Lord Ch. Just So they consulted together after the Letters were transcribed did they Mr. Bedloe Yes my Lord. Dr. Oates My Lord I omitted one thing that was very material in my Evidence which comes in my mind since The Congregation at Rome did contribute 800000 Crowns to be sent into England and Mr. Langhorn did inquire concerning that money and had knowledge of the Receipt of it in France as Mr. Langhorn did say in the month of July or August Lord Ch. Just Did he say it to you Dr. Oates He did to Father Harcourt Father Kaines and Father Fenwick that were there 800000 Crowns come to France Lord Ch. Just What said he then concerning the 800000 Crowns Dr. Oates He gave an account of the moneys being lodg'd at Paris Lord Ch. Just You hear what he says that you gave an account of 800000 Crowns that were raised abroad that it was Lodg'd and receiv'd at Paris Mr. Bedloe I recollect somthing more now tho I was not in Mr. Langhorns Chamber I met with Father Kaines one day and said he I must go and speak with one Mr. Langhorn presently and when he came out again he brought a Letter in his hand and afterwards we went to a Tobaccoshop in Wild-Street and there Father Kaines told me the effect of the Letter He told me it was a Chiding Letter from the Secretary de propaganda fide Cardinal Barbarino who had sent a chiding Letter to Mr. Langhorn and the rest of the Conspirators for going on no faster when they had so fair an opportunity L. C. J. Did you see the Letter directed to Mr Langhorne Mr. Bedloe Father Kaines told me the Effects of it and he had the Letter from Mr Langhorne L. C. J. He told you so well but this Evidence is as to the Plot in general but not to Mr Langhorne in particular But that which he charges you particularly with is this Your Transcribing the Letters wherein there was an Expression made of your being all in readiness as for Arms and the Garisons and your discourse afterwards with Mr Coleman in what a posture all things were for the destruction of the Government and the bringing in Popery and there wanted nothing but mony for the effecting the whole Design This is that he says Langhorne My Lord I suppose he won't go out of the Court neither L. C. J. No no he will stay here Sir Cr. Levins My Lord there is one Witness that we had not ready here when we began to give some account of the General Plot I pray he may be Examined his name is Buss Who was sworn L. C. J. What can you say of any Design upon the King's Life What is your Name Mr. Buss My name is Thomas Buss L. C. J. What Profession are you of Mr. Buss I serve the Duke of Monmouth L. C. J. In what Capacity do you serve him Mr. Buss I am his Cook L. C. J. How long have you served him Mr. Buss Thirteen Years I have lived with him L. C. J. Well what is it you have to say Mr. Buss Being at Windsor my Lord with an old Acquaintance of mine one Handkinson that was then newly come from Italy L. C. J. When was this Mr. Buss In September last within a Week after the Duke came from Flanders and we were drinking together for I had not seen him for many Years before and there was one Anthony was in the company and said he I am newly come from Italy and I am going again and I am come to take my leave of my Friends When do you go away said I I believe I go to morrow said he but pray said he to Anthony Have a special care of those four worthy Gentlemen What Gentlemen said I Four worthy Gentlemen said he that I brought over with me What said I from Italy No said he they are four worthy Irish Gentlemen They are very worthy Persons said he have a special care of them for they will do our business L. C. J. What said you to that Mr. Buss Nothing for I knew nothing of it till I saw Coleman's Tryal where it speaks of the four Irish men that were to kill the King at Windsor then I bethought me of it L. C. J. Would you not ask him what that business was or so Mr. Buss No I did not know at that time L. C. J. But no man in England but would have asked such a Question Mr. Buss No he said they were four Strangers But said I did you bring them out of Italy Nor saith he they are four Irish Gentlemen that I brought over with me worthy Persons L. C. J. North. And what Religion was he of that said so Mr. Buss He was a Catholick one that bought all into a Colledge that did so here before he went Mr. Prance He belonged to the
Ch. Just By no means you must not meddle with that Langhorn Pray my Lord why not I will prove the words spoken by a Witness Lord Ch. Just North. You must not that is no Evidence against you nor can it be an Evidence for you Langhorn Then you take off the Defence that I have and make it as if I had never any Mr. Just Atkins That is not Evidence in a Civil Cause and therefore must not be Evidence here Then came in my Lord of Castlemain Lord Ch. Just. What do you come for Sir What is your Name E. Castlemain My Name is Castlemain Lord Ch. Just Are you my Lord of Castlemain E. of Castlemain Yes my Lord I am Lord Ch. Just Does your Lordship come as a Witness for Mr. Langhorn Mr. Langhorn do you call my Lord of Castlemain Langhorn My Lord I don't know what he comes for whether he comes as a Witness for me or not perhaps he may E. of Castlemain My Lord I come to wait upon your Lordship and the Court to give you an account that some of the Witnesses that were summoned here for the Prisoners are so beaten and abused without that they dare not come to give their Evidence for fear of being killed Lord Ch. Just That is a thing that is not to be suffered let us but see any person that dares but offer to meddle with them and I 'le assure you we will take care to see them punished according as they do deserve Lord Ch. Just. North. 'T is a very unjustifiable thing a thing that we will very severely punish if they be hindred of free ingress and regress Mr. Just Atkins Indeed 't is a very horrid thing that they should be so abused they ought to have their liberty of coming and giving their Evidence here without any molestation E. of Castlemain I can assure your Lordship that one of them was so beaten and bruised that we can't tell but it may cost him his life Lord Ch. Just. Nay we must look to such a thing as that for it is by no means to be allowed of If your Lordship will but tell us who they are let us but know them and we will take care for the punishment of them for we will shew our selves just and fair and give them all the fair play that can be Mr. Just. Pemberton Mr. Langhorn have you any more Witnesses Mr Langhorn Call the woman that kept the white-horse-Tavern who stood up Lord Ch. Just To what purpose do you call this Woman Langhorn I desire my Lord to ask one Queston of Mr Oates touching the Consult at the White-horse-Tavern in the Strand How many persons met there Dr Oates Before that Question be asked I pray your Lordship would ask her When she came to the White-horse-Tavern to keep it Witness I don't keep it now Lord Ch. Just When did you keep it Witness I kept it in June and I left it the beginning of July Dr Oates She does not come to the time Lord Ch. Just Did you keep it all the Year before that Witness I kept it seven years before till July last Langhorn I would know of him How many might be there at that time L. C. J. What number of persons do you say met at that Consult Dr Oates That Question if it please your Lordship hath ho reference to this Tryal neither is it at all material but because I have given the Prisoners so much freedom they impose upon me with Questions Lord Ch. Just 'T is a Question they can't expect a precise Answer to from you But yet I would have you give them as satisfactory an Answer as you can what number there might be there at a time Dr Oates My Lord I think there might be at the White-horse-Tavern at a time about eighteen or twenty Lord Ch. Just Were they in one Room or in several Rooms Dr Oates They were in two or three Rooms Witness Is this Mr Oates my Lord L. C. J. Yes that he is Witness I never saw him in my house in my life L. C. J. Was there no body never in your Tavern but who you knew What! can you tell all the people that were ever in your Tavern Witness The most of my Company were people that I knew Lord Ch. Just What is your Company Witness Those that frequented my house Lord Ch. Just Can you say who was in your house April 24 1678 Witness No my Lord I will not undertake that but I will give you as true an account as I can Langhorn I 'll tell you why I ask this Question Mr Oates did say in his Depositions before the Lords there met fifty Lord Ch. J. At several times in the Day Langhorn But this must all be in the morning L. C. J. Why so suppose there met of that Company twenty in the morning and then some went away and others came in their Room and so they did for divers times in the day is not this properly said of me that there might be about fifty at that Consult Langhorn He saith in Coleman's Tryal there met fifty upon the 24th of April and afterwards they adjourned into lesser Colloquies Dr Oates I say they met there the 24th day but the Consult was not dissolved till the 26th day at night Lord Ch. Just North. You must go only upon what is sworn now And we ask the Question upon your Proposal How many were there at a time and he says about eighteen or twenty at a time Now if he proves there were eighteen at one time twenty at another time and ten at another that makes about fifty Lord Ch. Just Good woman is your house a little house Witness 'T is a small inconsiderable house there is not a Room in it that will hold above a dozen I never remembred so great a company was in my house at one time but once in all my seven years and that was a Jury of the Parish and they could not be together but were divided into three Rooms Then there stood up a Stranger who was sworn Lord Ch. Just Well Sir do you know the White Horse Tavern in the Strand 1 Witness Yes my Lord I do very well Lord Ch. Just Do you know the biggest Room in the House 1 Witness Yes I do my Lord. Lord Ch. Just How many may dine there 1 Witness It may be twenty people I have seen a dozen or sixteen there often Lord Ch. Just Did you know the Tavern a year ago 1 Witness Yes my Lord this was a year ago Then a second Witness it stood up in the Court and said that twenty five or thirty might dine in one Room that was backward and another that was forward And a third attested that he was at a Wedding and there did dine above twenty in one Room next the street Mr. Recorder If she make a Jury to be in three Rooms that is but four in a Room Mr. Just Pemberton Those Juries are sixteen generally or more Langhorn My
eldest Son of my Lord Arundel of Warder to be Commissary General and he came back and said it was delivered Lang. You do not speak of any other Dr. Oates I do not recollect that I know of any other Lang. I ask for this reason because in the Lords house he hath charged me that I sent my Lord Arundel's Commission and that I sent it by my Son and that he saw a Letter in my Chamber of the receipt of it Dr. Oates My Lord there is some part of the Evidence that does reflect upon the Lords which I charge not upon Mr. Langhorn because I would not discover my Evidence against the Lords He goes now to expatiate upon the Informations but I hope the Court wilt excuse me because I reserve it for another Tryal Lang. I desire Mr. Lydcot may be asked whether he did not hear Master Oates at a former Tryal say for so I find it in the Narrative it was at Coleman's Tryal that he came to me the next day after the Consult and communicated it to me and that he never saw me afterwards Lord Ch. Just Do you know any Testimony Master Oates gave concerning Master Langhorn Langhorn You are not the person that took the Tryal are you Lydcot I know nothing of the business at all I was at the Tryal but I cannot particularly speak what was said there Langhorn The Persons that took the Tryal were summoned to be here Call Mrs. Sylliard But she appeared not Call Mr. Blayney Lord Ch. Just Here is Mr. Blayney what would you ask him Langhorn I would know of him what Mr. Oates hath testified concerning me L. C. J. Do you know what Mr. Oats said concerning Mr. Langhorn Mr. Blayney When my Lord L. C. Just Nay I can't tell Langh At Coleman's Tryal Sir Mr. Blayney My Lord I was present at Coleman's Tryal and I remember Mr. Oates did say something about Mr. Langhorn but I have not my Book here I can't tell what it was Langhorn Here is the Book Sir here is the Narrative Mr Blayney That was not printed by my Copy Sir Langhorn Who were they that did take it Mr Blayney Of my own knowledge I don't know whose Copy it was but by hear say Lord Ch. Just It was taken as well as it could be taken but you must not urge that which is but an Historical Narrative against him Mr Just Pemberton Mr. Langhorn do you think to convict a Man by an History To say that a Man is forsworn because he does not swear as that History says he did swear Lord Ch. Just We will do you all the right and give you all the fair play we can but we are of opinion that it signifies nothing that you can make no use of it Langhorn If I can have no light how can I imagine what they will charge me with Lord Ch. Just Have you in any other Case observed it If a man be indicted of Felony or Treason any Capital Crime he is clapt up and is not permitted to have a Copy of the Indictment nor he cannot by Law Langhorn They know something of what they are accused for they are confronted before a Justice of Peace Mr. Just Pemberton Why I 'll suppose you had been examined do you think your Examination would have been Evidence for you here Then one Elizabeth Sylliard was called but affirming That She durst not speak unless the Court would promise her protection against the Rabble because some of the Witnesses had been abused which the Court not being able to do otherwise than by promising to punish those that offered to meddle with her if She brought them before them She was by Mr. Langhorn 's Consent set aside and not examined Langhorn She comes in relation to a point that happened at Reading's Tryal where Mr. Bedloe did depose That he did not say all he could have said against Mr. Whitebread and Mr. Fenwick but that he knew more against them than he gave in Evidence at their first Tryal Mr. Just Pemberton What is that to you Langhorn That I take to be a kind of Perjury in him for they are sworn To speak the Truth the whole Truth and nothing but the Truth Lord Ch. Just. Is this material in your Case what he said about Whitebread and Fenwick Langhorn It makes it material to make him uncreditable Lord Ch. Just Mr. Whitebread made that objection but he was answered for he was told That he could not tell all that he knew at that time because he was in treaty with Mr. Reading about the lessening his Evidence against them and the Lords in the Tower and the Lords were to judge what measure they should have from him by his kindness to Whitebread and Fenwick If you have no more the Kings Counsel will go on Sir Cr. Levins My Lord and Gentlemen of the Jury you have heard the Evidence that Mr. Langhorn hath given for the making of his defence which hath been principally to reflect upon Mr. Oates and he first calls Mr Hilsly to prove that whereas Mr. Oats did swear he came over with him he affirms he did not but it falls out that Mr. Oats hath counterproved him by such a circumstance as does contradict him in what he says for speaking of the loss of his money Hilsly said some body else had told him of it but producing his Witness for that he only affirms that Mr. Oats in his company was told that Mr. Hilsly had lost his money but not how nor where but Mr. Oats gives you a particular circumstance that he was cheated by a person he lent his money to and that left him to pay the Reckoning which Mr. Hilsley does confess was true and which he could not hear from the others for the others did never know it Gentlemen they have brought you a great many other Witnesses to prove that Mr. Oates was not in England on the 24th of April the time he says he was and they all agree as to that time tho' as to other times they are not so exact but we shall give you as plain and as full an Evidence that he was here at that time as that you are there now and shall very fully satisfie you in it For that of Sir John Warner and Sir Thomas Preston they are matters that were transacted beyond Sea to be sure they did not come over by those Names no more did Mr. Oats himself therefore it would be hard to find out these Persons or to give you so particular an account of them that were thus in Disguises and had changed their Names but truly if that were a matter done in England it were far more easie for us to confront their Testimony in that for matters that are done here lye more ready for our proof than those that are done beyond Sea for the last woman that he called which was the woman about the White Horse Tavern her Evidence would have gone as punctually for truth if it had been a
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
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.
Ch. Just Where did you see him then Mr. Clay I saw him at Mr. Howard's my Lord. L. Ch. Just What Howard one of my Lord of Norfolk's Brothers Mr. Clay Yes my Lord. L. Ch. Just What is his Christian Name Mr. Clay His Name is Mr. Charles Howard my Lord. L. Ch. Just Where was it Mr. Clay In his House L. Ch. Just Where was his House Mr. Clay It was part of Arundel House 't is now made a new Street L. Ch. Just Did you speak with him there Mr. Clay Yes we saluted one another and he said Your Servant Sir I am sure saw him there L. Ch. Just How often did you see him in that House Mr. Clay Twice L. Ch. Just In April and May Mr. Clay Yes in April and in the beginning of May. Langhorn I ask you if you do remember any Circumstance of it to bring this to your Memory L. Ch. Just By what Token do you remember it that it was April and May Mr. Clay By this Token that Mr. Charles Howard told me he was one that was come from beyond the Seas from St. Omers and said he he hath some thoughts of being a Jesuite but I thin I shall divert him from that L. Ch. Just How do you know that it was that Month Mr. Clay It was in the latter end of April and beginning of May. Mr. Just Dolben Are you sure it was last year Mr. Clay Yes I am it was in the year 1678. Langhorn Was it at Dinner or no Mr. Clay No no. Langhorn Did he dine there that day Mr. Clay I did not see him at Dinner but I saw him here twice L. Ch. Just Are you a Roman Catholick Mr. Clay Yes I am of the Church of Rome but not of the Court of Rome L. Ch. Just That is no new distinction L. Ch. Just North. No they have the Court of Rome distinct from the Church and particular Favourites of it as other Priâ—â—â—s hâ—ve and there are those that profess themselves of that Religion that won't acknowledge the exorbitant Power that the Pope claims Langhorn Will your Lordship please to ask him whether he does remember that Mr. Oates did at that time play with Mr. Howard's Son and instruct him and talk to him about his Learning and put Questions to him L. Ch. Just Did he talk or put any Questions to Mr. Howard's Son about learning his Book Mr. Clay Not any thing that I heard Langhorn Was Mr. Howard's Son there Mr. Clay No not in the Room as I think I cannot tell certainly my memory is frail Then Mr. Smith was called and sworn L. Ch. Just. How long have you known Dr. Oates Mr. Smith I knew him before the Fire he was my Scholar at the School where I was Usher Mr. Just Pemberton What time did you see him last year Mr. Smith The beginning of May. Mr. Just Pemberton How do you know that Mr. Smith He came to see me and dined with me L. Ch. Just Where Mr. Smith At Islington at my house there L. Ch. Just How long was he with you Mr. Smith Three or four hours L. Ch. Just VVhat time was it Mr. Smith It was as I take it the in Monday in May and I give this reason for my remembrance why it was in May because we dined by the Fire side being a little cold of which we took particular notice L. Ch. Just And you wondered that you should dine by the Fire side in May. Langhorn VVas it on a Monday in May Mr. Smith It was on the first Monday in May to the best of my remembrance L. Ch. Just Was there none of the Family there besides Mr. Smith Yes there was my Wife there L. Ch. Just Why did you not bring her to testifie the same Dr. Oates He cannot find his Wife L. Ch. Just North. How long do you say was he with you Dr. Oates Three or four hours L. Ch. Just What did you talk of Mr. Smith VVe talked about his Travels about his Journey into Spain and to Valledolid and Sallamanca Mr. Just Pemberton VVas he in a Priest's Habit or in another Habit Mr. Smith My Lord he was in a Cinamon-coloured Suit trim'd â—â—â—th green Ribbons Sir Cr. Levins We have done with our Evidence my Lord. L. Ch. Just Now Mr. Langhorn the King's Council have done with their Witnesses Langh Pray call Mr. Charles Howard and his wife L. Ch. Just I do not think Mr. Charles Howard will appear L. Ch. Just North. I believe he does not think it safe to come here we know upon what account But upon calling after a while he did appear and stood up L. Ch. Just Well what have you to say to Mr. Howard Langhorn The Question that I would ask him is this it hath been affirmed here by Mr. Clay that old Centleman that about the end of April or beginning of May last was a Twelve month he did meet Mr. Oates at Mr. Howard's House I would know the truth of it L. Ch. Just Mr. Howard you have heard the Question do you know Mr. Oates Mr. Howard Yes my Lord very well L. Ch. Just How long have you known him Mr. Howard Above two years L. Ch. Just When was he at your house Mr. Howard My Lord he hath been at Arundel house about two years ago and several times since L. Ch. Just Was he there about a year ago Mr. Howard Thereabouts he was L. Ch. Just Do you think he was there about May was Twelve-month Mr. Howard My Lord after July I remember he was there L. Ch. Just Was he there in May Mr. Howard No my Lord not to my Remembrance Langhorn Pray Sir when did your Son dye Mr. Howard The Fifth of May was two year 1677. L. Ch. Just Why how does that appear to be any thing in this case he did not say that Mr. Howara's Son was there Langhorn He said he was in the House but he could not tell whether he was in the Room or no. L. Ch. Just You asked him whether he talked any Lattin or asked him any Questions and he says he cannot tell whether the Son were there in the Room or no. L. Ch. Just. North. He says About two year ago I remember he was at my house and about a year ago which contradicts all your Witnesses Langhorn No he says About two year ago I remember he was there and about a Twelve month ago after July but he cannot remember wether he was here in April and May was a Twelve-month Mr. Howard Mr. Oates was in my Lodging in April 1677 and then my Child was alive and dined together with him and Mr. Clay L. Ch. Just That is two years ago Mr. Howard Yes my Lord two years ago Mr. Oates was there with Mr. Clay but not since L. Ch. Just Call Mr. Clay again to confront him in that Dr. Oates I did not know Mr. Clay two years ago L. Ch. Just You are mistaken I believe for Mr. Clay does pretend that he did but
just begin to know Mr. Oates in April was a Twelve-month and so Oates swears too Mr. Just Pemberton And he say he knows nothing whether you had a Child dyed or no. L. Ch. Just When was the time that you first knew Mr. Oates Mr. Clay The latter end of April last year L. Ch. Just Did you ever know him before that time Mr. Clay I never did L. Ch. Just Do you remember that ever you dined with him Mr. Clay I do not remember the day exactly and I do not remember that e're I dined with him Mr. Just. Pemberton But he is positive that he did not know him but a year ago L. Ch. Just Do you remember whether Mr. Howard's Son was alive Mr. Clay He had a Son alive at that time Dr. Oates He had one Son indeed that dyed a year before Mr. Clay and I met there Mr. Howard I speak of my eldest Son who dyed two years ago Mr. Clay I never knew him L. Ch. Just Well 't is plain there was a mistake in it he spoke of a Son that was then and is now alive and you speak of your eldest Son that dyed two years ago Have you any more Witnesses Mr. Langhorn Langhorn No my Lord I have no more witnesses L. Ch. Just Well would you say any thing If you would say what you have a mind to say Langhorn My Lord I am charged here by two Witnesses the first is Mr. Oates If I can prove any one point in answer to that which he hath given in Evidence not to be true then I conceive my Lord he ought to be set aside And I think it hath been clearly proved That whereas he said Sir Tho. Preston came over with him in April it hath been clearly proved he was then at Leigeâ— and whereas he hath affirmed Sir John Warner Mr. Poole and two or three more that were at St. Omers came over with him I have proved That not to be true beyond any contradiction Then as the Witnesses about his ovvn not coming over in April Mr. Hilsly says he came not over vvith him in the Pacquet-Boat and the other says that he vvas sick in the Infirmary after Mr. Hilsly came avvay These points being thus proved I think there can be no credit given to what he says for I can say and I know it to be truth that from November 1677 to this very day I never savv him I have been a close Prisoner so long and have had but one weeks time to provide and therefore must be fain to take such Information as my Friends and Relations could pick up to answer what he hath said in his Narratives supposing he would have said the same here therefore I am not able to make any better defence L. Ch. Just Did you never know Mr. Oates Langhorn I have seen him once or twice L. Ch. Just. When was that Langhorn In Michaelmas Term 1677. L. Ch. Just Upon what occasion Langhorn He brought me a Letter from one of my Sons my younger Son in Spain and then he told me he was going to St. Omers He said he could not and from that day I never saw him till I saw him in the Court I hope truly I have well proved that he was not here in England when he says he was but that I must leave to the Jury But surely these Boys cannot be supposed to have any design or to be bribed by any Reward for I never saw the Face of any of them till now L. Ch. Just North. They are all Papists and speak in a General Cause Langhorn If that be an Objection against them I think it is hard if they are not to be believed because they are Papists and Friends then the other on the contrary are not to be believed because they are Enemies I think it is clear that he did not lodge at Grove's house and I think it is clear that he did not come over in the Pacquet-Boat with Mr. Hilsly and that Sir Tho. Preston did not come over with him nor Warner nor Poole and if any of these points be clear for me I think his Testimony ought to be set aside Now as to what Bedloe says in truth it is impossible for me to examine any Witnesses and that I think will be your Lordship's Opinion it will not seem probable that one that was in my way of practice should become a Clerk to Register Letters and to keep Accounts of any particular Religious Order as he makes me to do or if I were that I should admit Mr. Bedloe to be privy to those Accounts but that I must leave to the Court my Lord 't is impossible to prove a Negative Mr. Bedloe is a person that I have no acquaintance with truly I do not know that ever I saw him before this time in all my life though it is possible I may have seen him but I do not knovv that ever I did Now that I should admit such a person to such a privacy in Accounts of this nature if I were guilty of them seems very improbable but yet as I said it is impossible to prove a Negative If I had known what he would have charged upon me before perhaps I might have made a better defence and for those Witnesses that I have had they were prepared by such Friends as thought they would be useful for me These men have had time to get their Witnesses together I never saw one of mine till they came into the Court I hope my Lord I shall find no disadvantage in my condemned me meerly for that I disclaim all Principles of disloyalty and I do assure your Lordship I do believe it is Damnation to any one that shall go about to kill the King or deprive him of his Government I shall leave the rest to your Lordship and the Jury The Lord Chief Justices Directions to the Jury against Mr. Langhorne Lord Chief Just Look you Gentlemen You have had an Accompt in the first Part of the Evidence in general That there was a general Designe of bringing in Propery and in order to that as the best and quickest Means to Accomplish it to destroy the King And without doubt they were in the right for that Matter To destroy the King was the most effectual Course to introduce Popery they could take Whether they would do it or no is not now any Question but how much Mr. Langhorn the Prisoner at the Barr is concerned in it and that depends upon the Testimony of Witnesses The Testimony that Mr. Oats gives against him amounts but to thus much I cannot affirm sayes he that Mr. Langhorne was at the Consult on the Twenty-Fourth of April at the White-Horse-Tavern where they signed the Agreement to Destroy the King But this I can say That the next Day or within a Day or two I went by Order from the Fathers Whitebread and Harcourt to Langhorne 's Chamber and acquainted him with what they had Argeed upon And he swears that
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