Witness Mr. Langhorne gave the Court the Reason of pressing this for though it might be very prudential to invite any man to come in by the promise of a Reward towards the discovery of a Plot where such a person absents himself yet it seems very hard that when a man is once in Custody VVitnesses should be call'd in against him by such means The Prisoner was here advised to speak first to the Fact and afterwards to the Witnesses The Prisoner upon this represented to the Court that he had no possibility of making any other defence setting forth that from the 17 of October to that day Seven-night or Friday last he had been kept so close that he knew nothing of what was done abroad no Friend or Relation admitted to him he could never hear what was charged upon him and could not foresee what would be and therefore the he had no other plea left him but the Incompetency of the Witnesses It was objected to him as a Scandal to the Kings Proclamation to suppose an Incouragement to the swearing of a Plot where there was none and that King Lords and Commons were touch'd in such a Reflection Mr. Langhorne said no more but that there was a Reward propos'd and so call'd his VVitnesses Dr. Oates informed the Court that there were Papists come in with their Swords on but that apprehension being compos'd Mr. Langhorne desired that Mr. Hilsley might be set up first who gave this Account That he came over from St. Omers April 24 New style that he left him at St. Omers and that he did not overtake him at Calais as is suggested That 't is true he lost his Money as Dr. Oates says and that he himself had met one by the way that told Dr. Oates the story Mr. Gifford declared that he did see Dr. Oates and that he told them at St. Omers that Hilsley was gone away and this was some three or four days after he was gone He did not remember what passed in the particular discourse nor whether any body was by when Dr. Oates and he were speaking concerning Hilsleys being gone away There stood up a Third Witness then who said that Dr. Oates was with him and Mr. Burnaby came into the Company and told him that he met with Mr. Hilsley and that he was cousen'd of his Money he did not say how but by a shirking Fellow and the VVitness does not know whether he named the place or no. To prove now that Dr. Oates must know This by another hand the third Witness affirmed further that Dr. Oates had been at St. Omers from December till Iune except one day that he was at Watton where he saw him almost every day That he saw him in the Refectory where he had a little Table by himself That this Witness was there every day and there he saw Dr. Oates Mr. Langhorne offered then what appears both in his Narrative and upon his Oath in the Lords house that he affirm'd Sir Robert Brett came over with him But Mr. Langhorne was to have spoken to something that was Sworn There Mr. Langhorne prest it that Dr. Oates had own'd that what he Swore was truth and so proceeded to his VVitnesses concerning Sir Iohn Warner coming over with him The Fourth Witness was Sir Iohn Warners Gardener who affirmed that his Master was at Watton all April and May 1678 That the Witness was only four days away at St. Omers and left his Master and found him at Watton That for the last of April the first second and third of May he saw Dr. Oates at St. Omers and when he went away he did not know He affirm'd that St. Iohn Warner was at Watton all April and May but he would not speak to all Iune Being asked why not to the one as well as to the other His Answer was that the Rector Sir Francis Williams came then for England and in the Absence of the Rector he took upon him the Charge of the House This was the 24 th of April where Sir Iohn Warner was in Iune and Iuly he could not tell nor where in August and September more than that he went out of Town then and the VVitness knew not whither The Court ask'd him how he came to be more doubtful of these Months than of the rest And his Answer was because that the question fell upon the other Months It was then reflected upon that April 24 was the very day that Dr. Oates came over and the Rector one of those that he said came over with him but the VVitness reply'd that the Rector came single having onely one Officer of the College Mr. Gifford was then Examined as to Sir Iohn Warner who declared that he saw him about Iune in St. Omers and then in Iune or Iuly when he invited the VVitness to Watton The Fifth Witness affirmes that the first of May being a great Feast he saw Dr. Oates for four days and afterwards all the Month of May and that he also saw Mr. Pool and Sr. Robert Brett at the same time but where Sir Iohn Warner was then he knew not Dr. Oates affirmed that Mr. Pool came over with him The Fifth Witness further Informed that Mr. Pool being his Musick-Master could not be away without his missing of him That Mr. Pool came from St. Omers in the Month of Iune affirming that Mr. Pool was at St. Omers all May. There was a Forreigner then produc'd who by an Interpreter said that he saw Sir Iohn Warner actually at St. Omers in April and May and that he Conversed where he was all May and saw him every day from the first Sunday in April to May 14 th upon which day he went to St. Omers and back again Sr. Iohn Warner having then employed him about a Building Carpentiere then Informed that he saw Sr. Tho. Preston at Liege all through March April May and in Iune he was there In the Vacancies of August and September he was gone and about the second of October he returned The VVitness hath been four years there and can Answer that for these three years last past Sr. Tho. Preston never was in England Another Forreigner Informed that he saw Sr. Iohn Warner at Watton from April 14 th to the 25 th and that he was there to the 16 th of May that at the beginning of April he was Superiour and Governed in the House and he was also in the House the latter end of May save one day and then he went to St. Omers Iohn Ioseph Informed that Sir Tho. Preston in March April May and Iune was at Liege and so likewise in Iuly but in the Vacancies he was absent That he saw him constantly and in two or three days and that he never heard it said that he was in England and that after the Vacancies he return'd in the beginning of October A Tenth Witness Informed that April 25th Dr. Oates went into the Infirmary and
and a free Ingress and Regress allow'd them without trouble Mr. Ireland came on first alledging That there were not tow Witnesses against him for he could not be at Harcourts Chamber in August being that whole month out of Town That he went into Staffordshire August 3. in company with the Lord Aston his Lady and his Son Sir Iohn Southcot and his Lady and that Mr. Iohn Aston can Witness for him he being in Staffordshire all August Mr. Aston was then called but did not appear Mr. Ireland complaining that he had not liberty to send a Note to any body but it appeared that his Sister was free to solicit his business Upon Irelands denyal of his being in Town in August Sarah Pain whom Grove owned to have been formerly his servant was sworn who gave this Evidence That she knew Mr. Ireland and that she saw him at his own house about a week after the Kings going to Windsor who went about the 13. of August so that about the 20. she saw him and it was at a Scriveners in Fetter-Lane That she knew him very well for he came often to Mr. Groves and opened all the Packets of Letters which her Master delivered afterwards and Sealed those that went beyond Seas There was then called Ann Ireland on the behalf of the Prisoner who informed that August 3. Mr. Ireland set out for Staffordshire and continued there till about a fortnight before Michaelmas Upon Mr. Irelands denying that he knew Sarah Pain she minded him of her bringing him divers Letters that came by the Carriers as well as by the Post to which Mr. Ireland replyed that it might very well be so and yet he not remember it Mr. Irelands Mother Eleanor Ireland was then called who declared that he went and returned as was informed by the Daughter and that she and her Daughter lay in the same House with him all the time whereupon it was objected that he might go from the House and come again as is suggested and yet be in London in the mean time Dr. Oates declared that he was with Mr. Ireland in London to take his leave of him betwixt the 12. and 24. and that he saw him afterward within the month of August at Mr. Fenwicks Chamber and further that upon the first or second of September he himself had 20 s. of him in Town which Mr. Ireland said was a most false lie he being then in Staffordshire and he minded them of a contradiction in the Witnesses the one speaking of him as going to St. Omers the 12. and the other charging him with being at Harcourts Chamber at the end of the month which was solved thus that he might be going or pretending to go and yet not go There was next produced one Harrison the Coachman that carried him down who informed That he met the Prisoner Mr. Ireland Aug. 5. in the evening at the Bull Inn in St. Albans and Travelled with him till the 16. that he knew not whether he came from London that day or not and that he had never seen him before That he was a servant to Sir Iohn Southcot who married the Sister of the Lord Aston and that he carried the Prisoner to Tixal the Lord Astons House That after three or four days stay at Tixal he went to Nantwich and so to Westchester where he left him and that he was now called up to Town by a Messenger the night before Mr. Ireland gives this account of his passage That Aug. 3. he went out of London to Standen where he lodged that night and the next and on the 5. went to St. Albans going out of his way for Sir Iohn Southcot and his Ladies Company who he knew were to meet the Lord Aston and his Lady at St. Albans and being asked how he could prove himself to be that whole month in Staffordshire when yet it appears that he was in Westchester Mr. Ireland made answer that he was in Staffordshire and thereabouts And that he was at Wolverhampton he desired Mr. Charles Gifford might be called to bear him Witness who gave Testimony that from a day or two after St. Bartholomew he continued there till the 9. of September and could say no more Mr. Ireland then reflected upon the credit of Dr. Oates's Testimony having been told that he broke Prison at Dover and other ill things of him so that he offered it as reasonable that some Witnesses might be brought to attesst his Reputation desiring time to produce more Witnesses having Witnesses already to prove that there are more and naming Hilsley for one that would prove that when Dr. Oates said he came over with him Dr. Oates was all that time at St. Omers but says Ireland no man can answer to a charge he was not aware of Sir Denny Ashburnham being solicited to appear and testifie what he could say concerning Dr. Oates was now called and he informed that upon a Letter received that morning with the copy of an indictment of Perjury against Dr. Oates from the Town of Hastings for which he served he sent them to Mr. Atturney but it being only a Certificate and the Indictment not proceeded upon and no warrantable Evidence and neither for nor against the Prisoners it was not thought worth a reading Sir Denny Ashburnham's information was that he had known Dr. Oates from a child and that in his youth he was lookt upon to be a person not much to be confided in that being the night before importuned by the Sister of Mr. Ireland to give Evidence for the Prisoner he refused so to do declaring that he could not speak any thing to his advantage for though perhaps having known Dr. Oates in youth he might have suspended in his belief upon Dr. Oates his single Testimony yet finding it so seconded he was clearly convinced and satisfied with the truth of the thing and he declared farther that he could say nothing to take off Dr. Oates Evidence That the matter of the Indictment in question was only Dr. Oates swearing the Peace against a man and saying that there were Witnesses could prove such a Fact which they would not do when they were called Mr. Ireland pleaded the Loyalty of himself and Family his Relations plundered an Unkle killed in the Kings service the Pendrels and the Giffords that preserved the King after his Defeat at Worcester and so only desiring time for more Witnesses he remitted himself to the Court Mr. Groves said little more than that Dr. Oates never lay at his House and that he never saw him take the Sacrament at Wildhouse as he could prove if he were able to send for Witnesses his Sister declaring that she never saw Dr. Oates there at her Brothers House Dr. Oates deposing that he was there in a disguise and by another name The Prisoner concluding all with these words As I have a soul to save I know nothing of this matter charged upon
Mr. Oates reply was that he had been a long time accusing other Jesuites that he spake little but where the persons were Face to Face That he had a List of the Jesuits names but only such as were expresly charged were taken up and that being dosed with sitting up two nights he forgot Mr. Coleman but upon Consulting his papers he made upthe accompt which afterwards he delivered The Prisoner urged that the Witness was just by him when he says he could not see him and further that Mr. Oates named three or four places where he says he met him about Business The Witness answering that the Candle was in his Eyes and that the Prisoner stood more in the dark and to the rest that he wore several Peruques at several meetings which much disguised him but that immediately upon speaking he knew him to be Coleman denying that the question was ever put to him whether he knew Coleman or no The Prisoner still insisting upon it that the Witness did declare before the Council that he did not know him Sir Thomas Doleman and Sir Robert Southwel being Clerks of the Council and at that time present were examined on the behalf of the Prisoner Sir Tho. Dolemans Evidence amounted to this That Mr. Oates speaking of Coleman did say before the Council that he did not well know him and that he said these words after Mr. Coleman was examined adding that the Witness said he did not know him as he stood there And speaking of Coleman that he had no acquaintance with that man It was asked Mr. Oates in regard that he knew Coleman upon hearing of his voice why he did not declare himself that he knew him so soon as he had heard him To which the Witness answered That he was not asked Sir Robert Southwel was now Interrogated concerning Mr. Oates his examination before the Council and gave evidence That Mr. Oates declared that 10000 pounds promised to Sir George Wakeman was now made fifteen and that Mr. Coleman paid Sir George Wakeman five thousand pounds in hand To which Mr. Coleman replied That Mr. Oates his Charge was so slight that the Council were not of his opinion as appeared by the mitigation of the first Order which was at first to Commit him to Newgate but only now into the Custody of a Messenger To this Sir Robert Southwel gave an account how that Mr. Oates Examination was so general it could not well be fixed That Mr. Colemans Papers were found and seized on Sunday night and that Mr. Coleman rendred himself voluntarily at the house of Sir Ioseph Williamson on Monday Morning hearing of a Warrant out against him But so many other Prisoners were upon Examination that he was not called till Afternoon when he seemed to hear these lewd things charged upon him with great scorn and indignation The defence he made was such that though a Blank Warrant was filled up to send him to Newgate he was only for the present committed to a Messenger and a special Warrant granted to the Messenger to secure him against the first Order Upon his Majesties departure the next day for Newmarket a Committee being appointed to examine several Papers and Mr. Colemans amongst others There were found in a Deal Box such Papers as moved the Lords forthwith to sign a Warrant for his Commitment to Newgate The sum of Mr. Oates Charge was his Traiterous Correspondence with the French Kings Confessor the 15000 pounds accepted by him and five of it actually paid to Sir George Wakeman and the Witnesses opinion that Colemans Papers would cost him his Neck Mr. Oates declaring that he had the Stone and therefore could not be present at the Consultation in the Savoy but that he had an account of all things there from those that were upon the place Thus far Mr. Oates his Examination Mr. Bedlow sworn and Examined First what he had seen or heard concerning any Commission to Mr. Coleman Secondly what discourse he ever had with Mr. Coleman concerning that matter Mr. Bedlow swears that he knew nothing of any Commission to Mr. Coleman more than that Sir Henry Tichbourn told him that he brought him a Commission from the principal Jesuits at Rome by Order from his Holiness and that he was to be Secretary of State but that he never saw it nor knows the Title of it As to any discourse with Mr. Coleman about it the Witness declared that in April 75. Father Harcourt gave him a large Pacquet of Letters from Mr. Coleman who in the Witnesses sight delivered the said Letters to Father Harcourt that they were directed to Mr. La Chaise and other English Monks to whom he delivered the Letters and brought back an Answer from La Chaise and certain English Monks at Paris Mr. Bedlow furthur declares that there met at a Consultation two French Abbots and certain English Monks and that he heard them talk of a Plot upon the Government and Religion of England And that the King was to be destroyed in the first place and the Lords of the Council That this discourse passed upon the Consultation And there was a Pacquet of Letters from Mr. Coleman they not knowing that the Witness understood French That the Pacquet from La Chaise was directed to Harcourt with one to Coleman enclosed and addressed A Monsieur Monsieur Coleman Mr. Bedlow being examined what he knew of money received by Mr. Coleman how much and for what gave this Evidence That it was to promote the subversion of the Government of England to deliver it from Hellish Ignorance and to free Catholicks from the Tyranny of Hereticks The Witness further declareth that being with Harcourt at Colemans May 24. or 25. 1677. Harcourt delivered this Deponent another Pacquet which he had also from Mr. Coleman for the English Monks at Paris and the Witness to call at Douay in his passage in case they were not gone for Paris before him That upon the receipt of these Letters they applauded the merit of the service and that upon the Consultation 1677 not having any full assurance what assistance the English Catholicks might have from abroad they resolved to put their design in execution that very Summer the English being in a great forwardness already That the Witness after the Consultation gave Le Faire the Letters and he carried them to Harcourt and Harcourt though indisposed went and carried them to Coleman and this Witness along with him but he stayed over the way while Harcourt went in who soon after gave this Witness a Back to come over to him and then and there did this Witness hear Coleman say If he had a hundred lives he would lose them all to settle the Catholick Religion in England and depose or destroy a hundred Heretical Kings if they stood in his way And this at his own house behind Westminster Abby at the foot of the Stair-case Here the Prisoner demanded of Bedlow if ever he had
seen him in his life Whose answer was That in the Stone-Gallery in Summerset House coming from a Consult there he had seen him After this Mr. Bradley the Messenger that seized Mr. Colemans Papers was examined what Papers he seized what he saw and how he disposed of them To which Mr. Bradly rendred this account That by Warrant of Council dated September 29. at six at night for the apprehending of Mr. Coleman and seizing of his Papers he went accordingly and told Mrs. Coleman his business who said he was welcom And her Husband not being at home he desired her to send for him That upon the search he found a great many Papers about the house and put them into several Bags and looking into a private Corner in his own Chamber in a place behind the Chimney he found a Deal Box tacked together with a Nail with Letters in it which he delivered into the Custody of one of his Assistants to take care of it And going then into his own Study he searched his Scritoire and put up all the Papers he could find in Bags without any other Papers among them sealed them up with his own Seal keeping them constantly in his sight and so carried every Paper of them to the Clerk of the Council Sir Robert Southwel and Sir Thomas Doleman were then examined whether or no the Papers then produced in Court were the Papers which were brought by Mr. Bradley the Messenger And first Sir Robert Southwel concerning Mr. Colemans Long Letter whose answer was that he had not seen that large Letter in several days after the Papers were brought to him from Bradley remitting the account thereof to the other Clerks of the Council Sir Thomas Doleman in answer to the same question declared that he found it among Mr. Colemans Papers in a Deal Box that Bradley brought The next point was to prove both by his own Confession and by two Witnesses that all the Papers in question were of his own hand writing Whereupon Mr. Boatman one that had waited upon him five years in his Chamber was first examined who declared that he believed all the Papers then shewed unto him to be of Mr. Colemans writing acknowledging further that a Pacquet of Letters from beyond the Seas was directed unto him two or three days after he was made a Prisoner Confessing also that he had received a Letter for his Master from La Chaise but denying that ever he wrote any for his Master to La Chaise owning also that his Master kept a large Book of Entries for his Letters and News But that he knew not what was become of it and that he had not seen it since two days before his Masters Commitment He declared likewise that he did usually receive News every Post but could not say that any Letters of the two years last past were entred in the aforesaid Book The Prisoner here interposed that all his Letters from the Hague Bruxels France and Rome were before the Council and that these were all he had received One Cattaway a kind of an Amanuensis to him was then examined upon those Papers who positively affirmed them to be of Mr. Colemans writing Sir Philip Lloyd was produced next to prove the Long Letter against him upon his own Confession Who gave Evidence that he received the Papers then shewed him from Sir Thomas Doleman and that the Long Letter was owned by Mr. Coleman to be his own hand-writing It bare date September 29. 1675. subscribed Your most humble and most obedient Servant without a name And it was read by the Clerk of the Crown according to the Order of the Court but being too long to be brought into a Breviate and the whole Letter it self being little more than the deduction of a three years History of former Negotiations for the greater part with Mr. Ferrier the Predecessor of La Chaise it will suffice to give this Brief of the whole Money was the Prisoners great design and the procuring of it by a pretence of more power both in the Church and in the State than effectually he had is in short the drift of that large discourse Towards the end of it he has indeed this bold and dangerous passage Our prevailing in these things would give the greatest blow to the Protestant Religion that ever it received since its Birth To this foregoing Letter was produced an Answer from La Chaise owning the Receipt of it and giving Mr. Coleman thanks for it concerning which Letter Sir Robert Southwel declared that he found it in Mr. Colemans Canvas Bag the Sunday after the papers were seized and that Sir Philip Lloyd examined it This Letter was Read in Court by Sir Robert Southwel first in French and then in English which being a very brief and pertinent proof of the Correspondence in question we shall here insert according to the Translation of it there Exhibited The LETTER SIR Paris Octob. 23. 1675. THE Letter which you gave yourself the trouble to write to me came to my hands but the last night I read it with great satisfaction and I assure you that its length did not make it seem tedious I should be very glad on my part to assist in seconding your good intentions I will consider of the means to effect it and when I am better informed than I am as yet I will give you an account to the end I may hold Intelligence with you as you did with my Predecessour I desire you to believe that I will never fail as to my good will for the service of your Master whom I honor as much as he deserves and that it is with great truth that I am Your most humble and most obedient servant D. L. C. As it was the business of the Prisoners long Letter abovementioned first to procure mony and then by his Interest as he phansied to himself to work a dissolution of the Parliament so in case of attaining that end Mr. Coleman had by him the Draught of a Declaration as from His Majesty shewing the Reasons of that Dissolution promising before the end of the next February to call another Parliament charging all persons to forbear talking irreverently of the proceedings and offering 20 l. to the discoverer of any seditious talker against it unto a Principal Secretary of State This is in short the substance of that Voluminous Declaration and he did not make more bold with His Majesty in this contrivance out of his own head then he did in another Letter of Mr. La Chaise in the name of his Master the Duke of York not only without the order and privity of the Duke but incurring his very great displeasure upon the very mention of his project as he himself confessed before a Committee of the House of Lords that discoursed with him in Newgate to which point Sir Philip Lloyd deposed the truth of what is here asserted he himself being then appointed to
she saw him in Town Sixteen Witnesses that were daily in his company that affirm'd the contrary He inculcated over again the business of the S. Omers Witnesses sixteen to three or four the Contradiction of Dr. Oates his coming over with Hilsley and staying but six days with the Evidence that saw him in Town April and May his being at Wolverhampton from Iuly 16. upwards As to Mr. Dugdale he had the knowledge of him five or six years severall disco urses with him but none Treasonous upon his Salvation And that he came away from his Lord after he had embezelled 300 li. of his Money That he Mr. Gavan had been twenty weeks a Prisoner without the means of sending for Witnesses Concluding with an Asseveration of his Innocence as he hoped to see the face of God and with a Prayer for the King and the Court. Mr. Whitebread minded the Court of an excellent observation made upon that rank and dangerous Letter which Mr. Dugdale pretends to have intercepted from the Prisoner to Mr. Ewers That none but a Mad-man would send such a Letter by the Post. And so he recommended the Improbability of it to the Jury Mr. Fenwick desired the Court and Jury to consider the Evidence on both sides The one spake to the whole time upon a daily Conversation the other onely to this or that day or seeing Dr. Oates in a Disguise on the one side so many Youths train'd up in Vertue and on the other a beggerly sort of people that might be drawn in to mend their fortunes by their Evidence His Testimony then is false as to Sir Iohn Warner Mr. Williams and Sir Thomas Preston for they came not over with him Or suppose the Witnesses to be Equal what support has he for his Evidence such and such Letters he pretends from Mr. Whitebread which if it were true the Prisoners deserved to be hang'd for Fools as well as for Knaves for trusting a Creature that they never had any Esteem for and who was Expelled the Colledge And then for the Commissions and Letters he speaks of 't is almost a year that this Discovery hath been afoot and thousands of Letters seiz'd and yet not one Commission appears not one penny of mony or any order for it no Arms found nor out of all these Letters any thing discovered towards this Design And for all the Writings signed which he says were hundreds from one Consult to another there is not one single paper produced in confirmation of it Ending in these words There is no Reason brought among them all but Saying and Swearing and that I 'll stand by Mr. Whitebread told the Court and Jury that whereas Dr. Oates charg'd him with beating of him First the Prisoner neither was nor ever had been a Fighting man and he appeal'd to their Considerations how he should dare to strike a person whom he had made privy to so Dangerous a Secret Reflecting then upon the strangeness of the thing that so many Eminent persons should be concerned in it the Plot discovered and yet no footsteps of it appear And so he recommended himself to God and the Jury Mr. Harcourt then declared that being now arrived at Seventy years of age this was the first time in his whole Life that he had been accused before a Magistrate But that a Negative cannot be proved and that there was no Evidence against them but downright Swearing Mr. Fenwick was about to pass a Reflection upon the Life and Conversation of the Witnesses but bringing no proof he put an end to the discourse Mr. Turner being demanded what he had to say he did ask if it were reasonable to admit of those people to an Oath in Evidence who for Scandall were debarr'd the Sacrament as he would prove by one Hastings But he being called and not appearing the Court proceeded to give directions to the Jury wherein the Evidences were so fully and distinctly summ'd up by my Lord Chief Justice that there was nothing to be added to them The Jury were then sent out to consider of their Verdict and after about a quarter of an hour they returned and found all the Prisoners Guilty of the High Treason whereof they stood Indicted And after a short and pithy Speech of the Recorder to the Jury they were remanded to Newgate and the Court adjourned till next Morning THE HISTORY OF THE CHARGE and DEFENCE OF Richard Langhorn Esq UPON Iune 14. 1679. Mr. Richard Langhorn was brought to his Trial at the Sessions-house in the Old Bayly according to an Adjournment of the day before standing Indicted of High Treason for contriving the Death of the King the Subversion of the Protestant Religion and of the Establisht Government He pleaded Not guilty to the Indictment The Jury was sworn without any Challenge The King's Councell open'd the Charge and so the Court entred upon the Trial beginning with some Evidences upon the main Design Mr. Dugdale and Mr. Prance were both sworn and Mr. Dugdale spake first to the Plot upon the Life of the King declaring that he himself had been engaged in divers Consultations for the Destruction of His Majesty and of the present Government and for bringing in of Popery That being at most of their Meetings he heard these very Expressions us'd and was tempted with Reward to be Instrumental in it and to kill the King The men that put him upon it were all Jesuits as Mr. Ewers Mr. Gavan Mr. Leveson and Vavasour That upon the Killing of the King they were to be ready with an Army but not before though at first it was resolved to raise an Army out of hand They had some thoughts of beginning with a Massacre and then to cut off those that scap'd with an Army but this Witness did not hear of any certain number resolved upon These Consultations were at Tixal Boscobel my Lord Aston's and Mr. Gerrard's all in Staffordshire And the Protestants were to be destroy'd in the first place Touching Sir Edmundbury Godfry's Death Harcourt wrote a Letter to Ewers that began thus This very Night Sir Edmundbury Godfry is dispatch'd and more to that purpose The Witness saying thus to Mr. Ewers about it I 'll be hang'd if this don't spoil the Design whose answer was that he was a great Enemy of Loose people and it would be judg'd some of them had done it in Revenge The Letter was received upon Monday night and dated on Saturday Mr. Prance declared that one Mr. Messenger was engaged by the Lord Arundell of Wardour and the Lord Powis to murther the King and was promised a considerable Reward as my Lord's Butler told this Witness who afterwards meeting with Messenger and asking him why he would do it his Answer was that he was off on 't now The King being dispatch'd 50000 men were forthwith to be raised as Fenwick Ireland and Grove said in the Witnesse's hearing being all
brought into Kings Closset he threw himself upon his knees and cryed He was Innocent and they were all Innocent and he said as much to the Council denying upon the question that any body had tampered with him That so soon as ever he was in the Prison again he begged of Captain Richardson that for Gods sake he would go tell the King that all he had now said was false and that true which he before made Oath of and if he might have his Pardon he would make a considerable Discovery That he recanted purely out of fear that he had lost all his Custom among the Catholicks and though the King should Pardon him they would go near to murther him And Captain Richardson declared that after his Pardon he demeaned himself very quietly and expressing a great detestation of the practices in the Church of Rome Mr. Bedlow Sworn Who declared that Le Faire Pritchard and divers Priests besides had dealt with him for the killing of a person without naming the man and that he should have help and a good reward and that this was in October or September last After which Le Faire Pritchard and Welch put him upon working himself into an Acquaintance with Sir Edmond Godfrey That this VVitness having introduced himself into a familiarity with Sir Edmund insomuch that he had been at his house for about a week together day after day they would have had the VVitness have brought them into his Company too That he made his Acquaintance by going to him for Warrants against people and this VVitness had been with him every day but Saturday the week before he was murthered That upon Friday the day before the VVitness sent his Boy to know if he were at home with an intent to have gotten him over to the Grey Hound Tavern where the Confederates then were five Iesuits but he was not at home and so Le Faire Welch and the VVitness went into the City That Le Faire having been next morning at the VVitnesses Chamber and missing him they met by chance in the Afternoon in Lincolns-Inn-Fields and so they went to the Palsgraves Head Taverns together where upon discourse he told the VVitness there was a very considerable man who was that night to be put out of the way that was the expression for he had gotten all the Informations of Dr. Oates and Dr. Tonge and if these Papers were not taken from him there would be such Discoveries made as would endanger the whole design The VVitness could not get it from him who he was but there had been several Plots upon him and none of them had hit and that Mr. Coleman had orders to pay 4000l for the service The VVitness parted with him then upon his promise to come to him at Somerset-House Cloyster that night but the VVitness knowing the business failed him and saw him not again till Munday Night in Red Lion Court where he met him He charged the VVitness with not keeping his word who told him that he fell into other Company and besides that he could not ingage to kill any man without knowing first who it was Well! says he to the VVitness be you at Nine a Clock to Night at Somerset-House and you shall hear more The VVitness went punctually at his time and they had a great deal of discourse together in the Cloyster from thence he walked the Witness into the Court and chid him for not assisting in that affair but however if you will lend us your hand now said he to get him off you shall have two thousand pounds of the four The VVitness then asking if he were murthered he answered Yes The VVitness then demanded if he might not see him he told him that he might and so he led him by the hand through a dark passage into the place where the body lay There were several people in the Room but how many and who they were he could not say There was no light in it but a Lanthorn and by that the VVitness could discern the body There was a Cravat about his Neck drawn so streight that the VVitness could not get his Finger betwixt They had some discourse then of getting him away pretending him to be one that was related to a Person of Quallity The VVitness was very much surprised when he found who it was and urged the dropping of him into the Thames with weights to sink him but they rather chose to have it put upon himself and to carry him out in a Chair and the Porter Berry should be ready at the Gate to let them out They owned that they had strangled him and would have had the VVitness to help them out with him But he excused himself as being yet too early and that it were better to stay till about Eleven or Twelve a Clock promising to be with them again But says Le Faire upon the Sacrament you took on Thursday you will be at the carrying him off to Night which the Witness promised and so they parted This lay heavy upon the VVitnesses Conscience who could not resolve to discover that which he had taken two Sacraments in a week to conceal In this trouble of Thought the VVitness went to Bristol where God put it into his heart that some murthers were past and greater to come For the prevention whereof he was at last convinced of the duty of revealing this wickedness and so made his application to the King and Parliament thereupon Meeting Prance afterward in the Lobby and there apprehending him Mr. Bedlow declared also that he saw Green was about the Court the night when the body was to be carryed away and that he heard Berry was to open the Gate but they finding that the VVitness had again disappointed them put it off that night for fear of further obstruction Mr. Bedlow being called upon to say somthing to the business of Prance reported the matter how that finding the croud to be great in the Lords Lobby and being desirous himself to be private he bad the Guard clear the Room of all that had no business there an order was given for all to quit but Mr. Bedlow and his Friends when seeing a man lift up his Hat to find out his way and finding it to be Prance the VVitness charged his Guards with him but he being then in custody and the Constable telling him that he was his Prisoner the VVitness bad him have a care of him and afterwards charged him before the House of Lords As to the Prisoners Hill said that he never saw Mr. Bedlow and Berry that he never saw Mr. Girald The Constable was then sworn about the finding Sir Edmund Godfreys body whose Evidence was that the body was found in a Ditch his Sword sticking in it and two handfuls through his Back neither the Sword nor the place where it lay was bloody He had a thrust in another place but striking upon a Rib it passed no
further and there was no blood there neither His breast was bruised his Neck broken as the VVitness believed his Gloves and Stick by him upon the Bank his servant said that it was his Masters Sword and he had both Gold and Silver in his Pocket The Prisoners offered this VVitness no questions The Surgeons were then Sworn that viewed the body and opened it Mr. Skillard informed that he viewed the body at Twelve a Clock the next day after it was found That the Breast was bruised as with blows or stamping on it his Neck distorted two wounds one fell on a Rib and the other past through his body but he never dyed of those wounds and neither his Cloths nor his Wastcoat were pierced his Neck was certainly broken and probably he might be dead four or five days before these wounds were given upon the opening of him it appeared that he began to putrifie Mr. Cambridge another Chirurgeon was Sworn who deposed that he saw the body on the same day with Mr. Skillard the Neck displaced bruised upon the Breast one wound on a Rib and another that past through him under the left Pap which wounds were undoubtedly given him after he was dead Elizabeth Curtis Sir Edmund Godfreys Maid Sworn and Examined Deposing that a matter of a Fortnight before her Masters death the Prisoner there that they called Green was at Sir Edmund Godfreys House in the Morning to inquire for him and first gave him the time of the day in English and afterwards said somthing to him in French Green denying that ever he saw Sir Edmund Godfrey The VVitness persisting in it that he was with her Master about a quarter of an hour and in a darker Periwig then that he wore in the Court and that upon Sunday Morning Hill was there which Hill also denyed the VVitness particularly remembring that she was then doing somthing about the Fire in the Parlour that she gave her Master his breakfast there Hill being with him and then went up stairs and missing her Keys came down again and found them upon the Parlour Table and Hill was yet there in the very Cloths he had on in the court about Nine or Ten a Clock which agreed with Prances Evidence Hill acknowledging that he had not changed his Clothes but objecting that she said in Newgate she never saw him and undertaking to prove that he was elsewhere that morning and about a month after she saw him in Newgate But there was another man that brought a Note for Sir Edmond Godfrey the night before which her Master had and she knows not what became of it The man came on Friday night with a Letter in his hand tyed up and asked for her Master the VVitness telling him that he was at home but Busie So she took the Letter and gave it him the man staying a while and then desiring an Answer the Witness telling her Master as much Prethee tell him said he I don't understand the meaning of it Lancelot Stringer being Sworn declared that he had seen Mr. Prance in Company with Mr. Green Mr. Hill Mr. Fitz Girald and Mr. Kelly at the Plow several times and that he knew Vernat Hill acknowledging as much and that he knew Girald and Hill being charged with denying that he knew Kelly before Hill excused it that he knew him by sight as one that much used the Chappel Stringer was a servant to Vincent the Master of the Plow where he came to live at last Bartholomew Mr. Vincent was Sworn who said that he knew Green Hill and Berry and that they had been at his house with Prance and likewise that he knew Girald Richard Cary Sworn Who Deposed that he was sent for by three Gentlemen to the Queens Head That he went up to them and they examined him if he knew Poplar and one Mr. Dethick and he told them that he thought he knew the Gentleman but that he knew the place very well So they gave him a Letter for George Dethick Esq at Poplar and charged him to be sure to give it to his own hand and not to any other body The Witness carried the Letter and delivered it to the Gentleman telling him whence it came So he lookt upon it and bad the VVitness tell them that he would come to them presently So the VVitness returned and found the Gentleman there still that sent him They gave him a Glass of Wine and paid him and so he went away Cary saying that Prance looked like one of the three and Prance affirming Cary to be the man that was sent Evans a Boy of the Queens Head was Sworn who deposed that some two or three months since there was some Company at his Masters that they read a paper there and that Mr. Dethick came to them That they had a Barrel of Oysters and a Dish of Flounders to Dinner That he heard them name Sir Edmond Godfrey and that one of them found him at the door and threatned to kick him down Stairs Sir Robert Southwel Sworn who deposed that attending the Council December the 24. Mr. Prance was examined about Sir Edmond Godfreys murther and that his information having so many particulars in it of such a Bench such a Corner Room Passage and Gallery The Board not understanding it the King directed the Duke of Monmouth Lord of Ossory and Mr. Vicechamberlain to the Queen to repair to the place and there take Mr. Prances examination and report it to the Board and this VVitness waiting upon the Lords took the Examination and drew it up into a Report which was signed by the two Honourable Lords and read that Afternoon at the Board Mr. Prance shewed the Lords the Bench they sat upon to wait Sir Edmond Godfreys coming the Corner they lugged him unto when they had killed him the Stairs where Berry was to stay a Little Door with a Stair Case at the Stables end a long dark Entry with a door and eight steps that led to Dr. Godwins Lodgings up two steps on the right hand there was a kind of a Closet with a Bed in it and Mr. Prance told the Lords that first they got him thither and left him in Hills charge for two nights the Witness there present and every thing agreeing with Mr. Prances relation to the Council and to what he now delivered in Court only that his Relation was now inlarged and that the Lodgings which he took to be Sir Iohn Arundels were not capable of any person of Quality Mr. Prance went thus far ready and directly but coming to examine the place whither they had carried the body he said it was somwhere by the Garden There is a long dark Entry that opens into the Outer Court he past through that and then over the Quadrangle to the Piazza and then went down a pair of Stairs saying Thus far we are right I am sure There is a large square Court below and there he
Letter from Whitebread Ewers was charged to choose stout and hardy men with this expression in the Letter To kill the King which Letter was sent by the Common Post and superscribed to Mr. Dugdale who vvas Sworn to Secrecy by Mr. Ewers at least ten times And the VVitness took the Sacrament upon it He deposeth also That Gavan Leueson Ewers and my Lord Stafford would have had the VVitness destroy the King by Shooting Dagger or the like not so as to do it directly himself but to come to London for directions how to do it where Mr. Ireland was to have him in his Care and that he was to have come in October last the Resolution being taken the Iuly before This VVitness also deposed That the Lord Stafford promised him Five hundred pounds in hand upon his coming to London in October for an Incouragement but that a more considerable Reward vvas to follow and that he should have come to London if it had not been discovered He deposeth further That he found Ewers reading a Letter from London with these words in it This very night Sir Edmond-Bury Godfrey is dispatch'd and that it was dated the very Night that he was killed Ewers shewing the Prisoner the Letter and telling him also that Sir Edmond-Bury Godfry was grown too Inquisitive into the Plot and it would be well to take him off Deposing also that Mr. Ewers shew'd the Prisoner the Letter to comfort him that one Enemy was gone and the VVitness reporting it again to the Minister of the place He deposed further That the Protestants were to be destroyed and that they had great confidence in the VVitness he having given them Four hundred pounds and promised another Hundred to pray for his Soul and Land made over to Mr. Girald to raise the Money upon the Sale Mr. Corker demanded from whom the dangerous Letter before mentioned came and the VVitness not presently recollecting it the Prisoner appealed to the Court upon the Improbability of sending such a Letter by the Common Post and yet no appearance either to whom or from whom it came But Mr. Dugdale rendred an Account of other Letters one from Paris to St. Omers and thence to London and so to Tixall where it was read in the presence of the Prisoner by the Lord Aston and Mr. Ewers It was subscribed I. W. and thought to be from Sir Iohn Warner that it was dated from Paris whence they advised the casting of it on the Presbyterians after the Death of the King which would make the Church of England men fall in with the Papists to destroy the Party This was the Paris Letter and the London Letter approv'd the Advice with several Lords hands to them in allowance of the design of killing the KING and raising an Army The Prisoner asked if it were dated from St. Omers and Mr. Dugdale reply'd that in the Pacquet from St. Omers there were three Letters Paris St. Omers and London one from each and all in one Cover being cover'd in Groves Pacquet The VVitness averring that he himself was to be of the party that should kill the King in October The Prisoner here made a reflection that Dr. Oates mentioned only Three designs to kill the King by Grove and Pickering by the Ruffians and by Poyson and that now a fourth was found out in October when the Design was charged upon Iuly or August But it was reply'd upon him That there might be more Plots than Docter Oates knew of Mr. Marshall offer'd That the VVitnesses Testimony was suspicious even from the multitude of Persons employed and intrusted and nothing done upon it where yet a few might have done the business The Prisoners were here ordered to wait their time without interposing that the Kings Evidence might be first heard whereupon the Prisoners desired Pen Ink and Paper which was granted them and so the Court proceeded It was much wondred that any Body should write by the Common Post about killing the King To which Mr. Dugdale Answered That in case of Discovery it was to be cast upon him and that he was under an Oath to deny it Affirming that the very words were for the killing of the King without any Superscription to Ewers or Name to the Letters The Prisoners joyned in admiration at the folly and madness of any man in putting such words in a Letter Mr. Dugdale proceeded That Whitebread's Letter was directed to himself and that it came in Company with others that there was a Black Cross upon what he was to deliver to Ewers and that he was to disperse them where they were to go But being ask'd by what mark he should know whither to send them The Witness answered that Mr. Ewers knew their hands and what every thing meant and for whom it was To the Question of how many Letters the Witness answered that in two years he believed he had a Hundred and Mr. Rumley asking him from how many persons and wondring that he had none of them to produce Mr. Dugdale answered That there were a great many from Sir Iohn Warner and that so long as he intended to go on with the Plot he burnt them all but that he had spoken what he could remember He deny'd the seeing of any Commissions but affirmed that he spake with some that were to be Officers Mr. Prance deposed that some three weeks before Michaelmas he heard Fenwick and Grove at Mr. Irelands Chamber talking of raising 50000 Men and settling Popery Mr. Fenwick saying that it would be easily done and encouraging the Prisoner being a Silver smith with the hope of work enough about Crucifixes Candlesticks c. naming the Lords that were to Command the Army And after that he was told of Commissions given out He deposed further That my Lord Arundels Butler told him that one Messenger was to murther the King and this Witness meeting Mr. Messenger and asking him the Question he was surprised at it and said to this Witness Pray keep Counsel for we are off of that now Mr. Iennison deposed That in Iune 78 upon a discourse with Mr. Ireland in Russell-street about Religion his Sister Mrs. Aune Ireland being by Mr. Ireland spake as if the Romish Religion would be quickly settled in England for there was but One stood in the way and the King might be easily poyson'd Whereupon this Witness speaking of it as a horrid thing Mrs. Ireland asked her Brother why he talkt at that rate and he qualified the matter as a thing which he thought should not be done And then the Witness minding him of the Gunpowder Treason he said it was only a trick of Cecils The Witness being at that time a Roman Catholick but since Converted The VVitness deposeth further That he saw Mr. Ireland positively on the 19 th day of August being then newly returned from Windsor as he remembers punctually upon very particular Circumstances The Court looking upon this Evidence
King and the Gun was found accordingly Upon some question of Particularities in the Evidence Mr. Bedlow was call'd up again to repeat his Testimonie about Sir George Wakeman which was to the effect as before of his being at Harcourt's Chamber Sir George's coming in and Mr. Harcourt's taking a Bill of Exchange out of his Cabinet and saying Sir George there 's a Bill for you which I have receiv'd at White-Hall to day by the Queen's order Sir George replying upon it that he thought his nine years Service of Her Majesty might pretend to deserve it and that there had been no hurt in 't if the Queen had given him it Mr. Chapman informed that one Mr. Thimbilby an Infirm person of 80 years of age brought him recommendations to the Bath from Sir George Wakeman This was the 17. of Iuly last His business was to get a Lodging as near the King and Queen's Bath as might be which was done And then he shew'd the Witness a Letter from Sir George whereof the lower part was a direction what to take and how to govern himself at the Bath which was now produced in Court That the Latin Bill the Witness kept to himself returning the English part of the Letter to Mr. Thimbilby Declaring that both he and his Son read the English part and that there was no mention of King or Queen in it more then of the King and Queen's Bath A Paper was then shew'd the Witness and a question upon it If it were Sir George's Hand the Witness saying that it was not having severall of his Bills to compare it by That he knew not of any date or name to it and that he did not know whose Hand it was It was then considered that the Witnesse's Paper could not be the Letter Dr. Oates reflected upon having neither Sir George's Hand nor his Name to 't as was presum'd of the Other Sir George Wakeman then deny'd the writing any other Letter then that of his Servant by his Dictate which Ashby carry'd to the Bath and saith that Dr. Oates had charg'd him before the Lords but with One Letter And then reasoning upon it that if he had been conscious of any Guilt he had time enough to make his Escape challenged any man to prove that he had any thing more to do with Ashby then as a Physician with his Patient and alledged that a Physician here in the Town would testifie that they two had been joyn'd in Consultations about him Sir George desiring the Iury to take notice that he never wrote any other Letter Mr. Chapman was ask'd if there was any thing of Milk mentioned in that Letter who said No and the Milk was never prescribed with the Waters Dr. Oates affirmed that the Letter he saw was in another Hand a kind of a Gentile Hand Sir George appealing to all the world that Milk was direct Poyson in the Case But Dr. Oates inform'd the Court that he was to take the Milk in Town Sir George Wakeman opposing that it could not be for he staid but two days after the writing of that Letter It came then to be consider'd that this could not be the same Letter Dr. Oates confirming it also and that the prescription of Milk was after the first line or two of Complement and that there was nothing of a Latin Recipe in it Sir George Wakeman observed to the Iury that admitting any other Letter then this in Court he must write two Receipts for the same thing which was very improbable And that the Reason of his Hand not being to it was his being ill and asleep when his man who wrote it over again from a foul Copy went away with it Mr. Chapman repeating the Order of the Prescription and declaring that he follow'd it at the Bath for six days together Dr. Oates deposed that there was no Bolus in the other Letter nor what Bath he should go to as was in This and that therefore it could not be the same Letter Besides that it was written above ten days before Mr. Asbby went away Sir George objecting that there was no need of telling him of his Course in the Bath so long before he went thither Sir George's Servant inform'd the Court that telling his Master that Mr. Ashby desir'd Directions for the Bath it being well late and his Master indisposed he bad the Witness take Pen and Ink and write and making some mistakes his Master bad him mend it and so he interlin'd the Corrections That this Witness wrote it fair that night and carry'd it next morning before his Master wak'd to Mr. Ashby who was then going for the Bath The Witness declaring that he knew nothing of Mr. Ashby's drinking of Milk onely that a Friend of his had advis'd him to it But Dr. Oates deposed that he himself was with him and that he drank it Night and Morning The Witnesses for the Prisoners were now call'd And first Elizabeth Heveningham who informed that she was by when Sir George's Servant wrote the Letter from his Master's mouth and that she saw the Letter and that there was no such thing in it as is said Wherein the Court was satisfy'd as to the Truth of the Evidence but that this could not be the same Letter Dr. Oates spoke of for That was written Ten days before Mr. Ashby went to the Bath Whereupon Mrs. Heveningham affirm'd that Mr. Ashby said in her hearing that he wanted Directions Sir George Wakeman pleaded that he was left at Liberty 24 days after he had been before the Councell and that upon Dr. Oates's bringing an Information upon the Letter now in question to the House of Commons Bar they sent an Address to the Lords with admiration that the present Prisoner was not confined and that thereupon Dr. Oates was sent for to the Lords Bar to repeat the Story and mentioning the Letter Now in debate he consest there that he did not know Sir George Wakeman's Hand and onely knew it to be His Letter by being subscribed G. Wakeman Sir George reasoning upon it that the Witness would have told more if he had known it at That Examination Dr. Oates depos'd that Sir G. W. was left at liberty because the Witness was so weak and distemper'd with watching and toiling about that he could not perfect his Charge and that he the Dr. did speak the whole Truth of his knowledge as far as he was able denying that he said he onely knew Sir George's Hand because George Wakeman was subscribed Which Sir G. W. opposed and offer'd to make good his Contradiction by the Record Dr. Oates deposed that he could not perfectly remember the very words but that if the Prisoner prov'd them by an Oath upon the Record it must be referr'd to the Iury. But to the best of his memory upon asking him about Sir George Wakeman's Hand he said that he saw a Letter subscribed with his Name and that upon This
Information Sir G. W. was committed Sir Philip Lloyd was called who informed the Court that Dr. Oates made Oath before the Council Sept. 3. that he had seen mention made of Sir George Wakeman's undertaking to poyson the King in a Letter as he remember'd from Mr. Whitebread to Mr. Fenwick at S. Omers and that Coleman had paid Sir George 5000 li. in part of 15000 li. which he was to have That Sir George Wakeman being call'd and advertis'd of this Charge he did not onely deny the whole matter and appear otherwise unconcerned but mov'd it as a reasonable thing that he might have Reparation for the Scandall This behaviour of his was ill taken and it was found reasonable to enquire farther into the matter but the Evidence coming onely from a Third-hand Letter Sir George was not committed Dr. Oates being call'd in again was demanded what he could say of his own personal knowledge concerning Sir George Wakeman Upon which question Dr. Oates holding up his hands No said he God forbid that I should say any thing against Sir George Wakeman for I know nothing more against him Sir Philip remitting himself to the whole Council for the Truth of what he deliver'd Sir George Wakeman minding the Jury that This was a Protestant Witness and Dr. Oates not remembring a word of the whole matter Dr. Oates did very candidly represent to the Court that he onely inform'd the Council as by Report of Sir George Wakeman's Receipt of the 5000 li. in part the Council not urging the Witness to speak upon his Knowledge That the Witness believed it to be so but would not be positive for in case he should have made such answer as is informed against him it was known to the whole board that he was at that time hardly Compos mentis and scarce in condition to return an answer But that this Witness did according to the best of his skill knowledge and remembrance acquaint the Board with Sir George Wakeman's Letter but he would not be positive Sir Philip Lloyd was then examined as to the Letter who informed that he remembred nothing of that Letter and that afterward this Witness observing in Dr. Oates's Depositions before the Lords and Commons an account of such a Letter from Sir George Wakeman to Mr. Ashby found upon the Table he this Witness hath often reflected since that time upon Dr. Oates's declaring at the Council that he had nothing more against Sir George Wakeman repeating Dr. Oates's Action and Expression that with his hands erected he said he knew no more against him Sir George Wakeman's Plea that the Council would certainly have committed him if this Evidence had been given to the Board appearing to have something of weight in it Dr. Oates sought to qualify that by saying that they were such a Council as would commit no body Which was reflected upon by the Court as unadvisedly said Mr. Lydcot was call'd who brought a Copy of the Lords Records and informed that it was a True Copy and that Titus Oates was set in several places as to an Information but whether it was his Hand or not Mr. Lydcot could not say onely that it was copied from Mr. Rolph's Hand To all which it was objected that the Witness not being present when Dr. Oates said this not the thing attested by the Clerk that made the Entry or saw him subscribe the Examination that Copy amounted to no more then a Transcript from the Iournall which could not be allowed in Evidence Mr. Rumly was offer'd to have his Witnesses heard but the Court finding that he had no need of them the Prisoner wav'd them Sir Thomas Doleman made Oath that Dr. Oates appearing before His Majesty and Councill on the Saturday and attending morning and afternoon and being employ'd that night upon Searches the Councill sitting Sunday afternoon as the Deponent remembred Dr. Oates was then examin'd and the Council sitting very long he was appointed that night to search again when he seiz'd several Priests and Papers the night being wet having much disorder'd him On Monday morning he was examin'd before the Council again and at night in so feeble a condition as ever the Witness saw any man Sir George Wakeman offer'd that he appear'd upon Sunday and so was dismist again till the King himself might have the hearing of the business the next day Sir Thomas Doleman than proceeded that Sir George Wakeman was then call'd in and deliver'd such an Answer that the Council very much wonder'd at the manner of it several persons being of opinion that his Denial was not so point-blank as it might have been insisting much upon his Loyalty to the Crown and Reparation upon a point of Honour Sir George Wakeman inform'd the Court that being charg'd with Treason before the Council and Dr. Oates his Accuser he pressed Dr. Oates to say if he either knew him or had seen him before He said No but that upon a Consult at S. Omers where Ashby was Rectour Sir George Wakeman was pitch'd upon by name for the poysoning of the King though the Dr. is now pleas'd to say that the Debate was in England That the Prisoner finding the Charge sos semote offer'd that where there was no Proof he hop'd there would not be expected any Defence The Prisoner upon this taking a freedom to instance in divers actions of Loyalty both from Himself Family and Relations as some Testimony of his Duty to the Government Mr. Corker offer'd in Plea that not knowing his Accusations he could not come provided with Evidences to support his Defence that nothing is easier then to accuse an Innocent person so that he shall never clear himself and that it is not a Positive but a Probable Oath that proves a man a Criminal and that otherwise Dr. Oates and his Companions might hang up whom they pleas'd let the men be never so Innocent or the matter charg'd never so ridiculous and that the Circumstances ought to be Credible as well as the Witnesses neither of which were as he suggested to be found in his Case Proceeding in a Reflection upon the Extent of the Charge it involving the whole Body of the Roman Catholicks in the Treason Using many Flourishes of Discourse to affect the Bench and the Iury as to the Credit of the very Plot it self Raising arguments from Improbabilities of Circumstances and Incredibility of Witnesses to uphold his pretence But the Court with as much Ease answer'd his Defence as they heard it with Patience Sir George Wakeman recommended one Observation to the Court That in Dr. Oates's copious Narrative there is not one Letter from abroad but he deposes positively both to the Date and to the Receipt of it and yet in the Case of a man's Life he will not be confin'd to a Month. Mr. Corker suggested divers Mistakes of Dr. Oates's as his charging the Prisoner with the denial of a Truth before a
Mr. Clay saw Dr. Oates twice in April May. Mr. Smith saw him the first Monday in May. Mr. Charles Howard saw him in Iuly but not in May. Mr. Langhornes Defence and Exception to Dr. Oates his Testimony And to Mr. Bedloes A Letter descanted upon The Prisoner found Guilty and Condemned Green Berry and Hill brought to their Trials Dr. Oates's Evidence And Law in securing the Depositions Sir Edmond-Bury Godfrey foresees his end Mr. Robinsons Evidence The Witnesses discourse with Sr. Edmond-Bury Godfrey about the Plot. Mr. Prance's Evidence Drawn in by Green Girald and Kelly Sir Edmond dogg'd into Red-Lion-fields They had sett him in St. Clements And prepare for the Murther A Quarrel pretended The manner of the Murther Green twisted his Neck and bragged of it The body carried off in a Sedan Hill meets them with a Horse and takes up the body Hill Kelly and Girald run his Sword through him Their Consultation at Bow A Drawer overheard the Conspirators at the Tavern Giralds Resolution to murther Sir Edmund Hill objected against Prances Testimony The reason of Prances flying off Mr. Bedlows Evidence He made an acquaintance with Sir Edmund Godfrey Le Faire appointed Mr. Bedlow to meet him Their Discourse Mr. Bedlow brought to the body Mr. Bedlow advised the sinking of the body in the Thames Le Faire charges him to help away with the body by the Sacrament he took on Thursday Mr. Bedlow troubled in Conscience The Providence of Mr. Bedlows discovering Prance The Constables Evidence about the body of Sir Edmund Godfrey Evidence upon the view of his body Eliz. Curtis swears that Green came to her Masters house And that on a Satcerday morning Hill was there A Note brought the Night before Stringer proved their meeting at the Plow Caries Evidence upon the meeting at the Queens Head The Drawers Evidence of that Tavern Sir Robert Southwets report of Prances Examination A Relation of all the Circumstances delivered by Prance and how the body was removed and disposed of Berries pretended Orders not to admit any body The Witnesses for the Prisoners Mary Tilden gave Evidence for Hills good behaviour Mrs. Broadstreet seconds the former Evidence Katharine Lees Evidence the servant of Mrs. Tilden Daniel Grey gives Evidence for his Brother Hill Robert How gives an account how Hill disposed of himself Mr. Cutler and Mr. Lasingby to the same efect Archibald seemed glad for Prances Discovery Greens Wise called her VVitnesses Mr. Warrier and his Wife gave Evidence where Mr. Green was Mr. Ravenscroft testifies his knowledg of Hill Corporal Collet and the Sentinels Examin'd about the Chair The Prisoners all found Guilty of Murther The Cause of Indictment Mr. Dugdale drawn into the Plot. The scope of Harcourts Letters Bold Letters sent by the Common Post. Several Designs upon the King The Letter about Sir Edm. Godfrey Mr. Dugdale gives 400 l. to pray for his Soul Corkers Objection against that Letter Mr. Dugdales Answer Corkers Objections to the story Why by the Common Post. The Black Cross upon Whitebreads Letter Fifty thousand Men to be arm'd Mr. Iennison's Evidence against Ireland Mr. Ireland positively Here Aug. 19. The King easily taken off Dr. Oates's Evidence against Sr. G. Wakeman Concerning the 15000 l. Sr. G. Wakemans Letter The Doctor charg'd with a Contradiction Doz'd with setting up Sir G. Wakeman not committed by the Council Dr. Oates against Corker Corker's Letter out of Germany Privy to the April Consult Mr. Marshal charged The Prisoners Defence Dr. Oates knowledge of Mr. Marshal Several Consults charg'd upon the Prisoner Questions to the Doctor about Pickering And the Consults Sr. G. Wakeman's Bill for 2000 l. Two thousand pounds for the present in part of more Letters and Discourses about the Plot. How Mr. Bedloe know Mr. Marshal Little against Rumly Questions about Sr. G. Wakemans Bill Sir G. Wakeman's Objection The Prisoner denies the Witnesse's knowledge of him The Witness affirms the contrary Sir W. Waller speaks to the point above Mr. Bedlow affirms that he knew Marshall Mr. Marshall denies it Mr. Bedlow comforts the Prisoner Their acquaintance at the Savoy The Prisoner positively denies it The Savoy search'd by Dr. Oates's and Mr. Bedlow's Directions Mr. Bedlow's Evidence against Sir G. W. repeated Sir G. Wakeman's Letter to Ashby Produced and Justify'd Dr. Oates insists upon another Letter Sir G. owning One and no more Sir George's Servant proves the Letter And Elizabeth Heveningham Sir G. Wakeman's Defence The Dr. excuses his Omission before the Councill Dr. Oates's Deposition against Sir G. W. before the Councill Sir George Wakeman's Reply Dr. Oates explains himself No mention of Sir George Wakeman's Letter before the Council Sir George Wakeman's Plea A Copy offer'd of the Lords Records Mr. Rumly clear'd Dr. Oates very ill and weary before the Council Sir George Wakeman's Plea before the Council Mr. Corker's Plea and Argument Sir George Wakeman's Observation upon the Doctour's Narrative Mr. Corker reflects upon Dr. Oates's Mistakes Mr. Corker denies all He says that Dr. Oates did not know him Mr. Marshal's Defence Sir William Waller speaks to the manner of Taking him Mr. Marshall defends himself Mr. Marshall appeals to Sir William Waller The Prisoner recommends himself to the Court and Iury. Witnesses for the Prisoners Corker not President as pretended Mr. Stapilton President of the Benedictines The Prisoners plead Innocence And brought in Not Guilty