THE first of the Conspirators that was brought to pub­lick Justice was Mr. Edward Coleman; who received his Trial at the Kings Bench-Bar, Novemb. 27. 1678. and pleaded Not Guilty, to the Indictment.

The Jury consisted of Persons of Condition, and known Integrity; being Sworn, without any ex­ception or challenge from the Prisoner.

The General Heads of his Charge were, The Con­spiring of the death of the King. The endeavour of Subverting the Go­vernment of England; and the Protestant Religion. And these Trea­sons, and Designs, to be made out against him, partly by Witnesses, vivâ voce; and partly by Letters and Negotiations under his own Hand, proving a Correspondence with several sorts of Agents for the accom­plishing of the aforesaid ends.

The Charge being read, and the particulars of the matter in Evi­dence, modestly and learnedly opened by His Majesties Councel, The Prisoner past some reflections upon the hard measure of not allowing Councel to a Prisoner in this Case, recommending himself to the Justice of the Bench to be Councel for him, and representing the disadvantage of a Roman Catholicks appearing at the Bar under so violent a preju­dice, he insisted further, upon the Ingenuity of his Confessions in Pri­son; and it being objected to him, as a thing incredible, that he should break off his Correspondences just at (75) with the Date of the last Let­ters of his that were found: His answer was, that he never received any Letters after that time, but cursory Intelligence, which were either Burnt, or used as common Paper: And that he had offered all Oaths and Tests in the world for Confirmation of the truth thereof: and that they had seized every one of these Letters of general Correspondence, for the two or three years last past that he knew of.

Hereupon the Court proceeded to the Evidence, the Lord Chief Ju­stice previously inculcating, the sacredness of an Oath, Mr. Oates sworn con­cerning the Plot upon the King. He goes to Father Keyns at Colemans. and Exhorting both the Jury, and Witnesses, to proceed with all due Tenderness and Caution: for the life of a man was at stake, and it was not intended that any thing should be put upon the stretch against the Prisoner.

The Witness first called, was Mr. Oates; and the first thing demanded of him, was what he could say of the Prisoner being any way privy to the de­sign of Murthering the King, To which, he gave Evidence, as follows; that is to say:

[Page 2] That in November last, making a Visit to Mr. Iohn Keyns (his Father Confessor, then lodging at Mr. Colemans in Stable-Yard) Mr. Coleman asked him who that was? one (says he) that is going to St. Omers. Then says Mr. Coleman to the Witness, I must trouble you with a Letter or two; and I will leave them for you with Fenwick (the Procurator of the So­ciety in London.)

On the Monday following Fenwick Fenwick gives him Colemans Packet for St. Omers. gave Mr. Oates the Packet Mr. Cole­man had left in his hand; and away goes he to Dover, with it. The outside sheet was a paper of News, which past under the name of Cole­mans Letter; and at the bottom of it these words, Pray recommend me to my Kinsman Playford (who lived at that time in St. Omers.) This Let­ter was written in English, at Length, and addressed to the Rector of St. Omers; giving him an account how matters went in England. The Witness deposeth that he read this Letter, and in it many undutiful ex­pressions concerning the King: Foul expres­sions in Cole­mans News Letter. and this in particular; that the Match of the Lady Mary with the Prince of Orange would prove that Traytors, and Tyrants ruin.

That there was also a Letter in Latin to La Chaise, A Letter of thanks to La Chaise for 10000 l. with a flying Seal, and no subscription; and this Letter, with the Letter of News, and the Postscript, were all in a hand, This was a Letter of thanks to La Chaise, for 10000 l. which he confest to have received for the service of the Catholick Cause; with a promise that it should be wholly im­ployed as it was designed; and that no endeavour should be wanting to destroy the Protestant Religion Root and Branch. Now this Letter was in answer to one from La Chaise (dated in August) which was dire­cted to Strange, who at that time was Provincial of the Society for London, but Strange having hurt his hand with a Reed, and Mico, his Secretary, being sick, Mr. Coleman wrote this Letter by direction of the Provincial, as the Provincial told the Deponent himself.

That Letter from La Chaise to which this was an answer, The mony to be im­ployed for the killing of the King. the Wit­ness Deposed that he saw, and read, and observed instructions in it to this effect. That the 10000 l. should be laid out to no other end than for the killing of the King. The Witness did not see Coleman write this Letter, but delivering it to La Chaise himself, La Chaise named a Gen­tleman with a French name, and asked how he did; the Witness not well understanding him, (being at a loss) One (says La Chaise) that was formerly Secretary to her Royal Highness: Whereupon Mr. Oates, in Latin, asked him if it were not Coleman; But what answer was made to this, Mr. Oates does not remember. La Chaise answered his Letter, and the Witness brought that answer to St. Omers; from whence it was sent by the Society, under Cover to Mr. Coleman, telling him in express terms that this Letter was received and owned.

The Witness having a Patent to be taken into the Consult, Mr. Oates had a Patent to be of the Consult. had the sight of this Letter at St. Omers, and it was sent to Mr. Coleman, who ac­knowledged the Receipt of it from La Chaise; and in the same hand that wrote the News Letter, which was agreed upon to be Colemans hand.

Mr. Oates being demanded what he could say to the Consultation here in May last, and how far the Prisoner was privy to the purpose of Murthering the King, he proceeded to this effect.

By vertue of a Brief from the Father General of the Society at Rome, the Jesuits were appointed to have a meeting, which begun at the White-Horse-Tavern in the Strand, A Consult at the White-Horse in the Strand. in April, Old Stile, and May, New, and continued there no longer then till they had concluded upon the Dis­patch of one Father Cary, an Agent, and Procurator for Rome; and [Page 3] then they Adjourned themselves into Clubs and Cabals, some at Wild­house, some at Harcourts, Irelands, Fenwicks Lodgings, and came at length to this Result.

Pickering and Grove were to destroy the King, either by shot, The result of that meet­ing. or otherwise; and for their Reward, Grove was to have fifteen hundred Pounds, and Pickering (being a Religious person) 30000 Masses, which may be valued an Equivalent, at Twelve pence a Mass. Mr. Cole­man, in this Deponents hearing, was told of this determination at Wildhouse; and the Witness affirms, to have seen a Letter under the Prisoners own hand, to one Ireland; expressing his desire that by some means or other, the Duke of York might be Trapann'd into the Plot. There was a P. S. to this Letter, Recommend me to Father La Chaise. And besides all this, the Witness averrs, that he heard Coleman give his opinion at Wildhouse, that he thought it was well contrived.

The next point was what the Witness knew of any Rebellion to have been raised in Ireland, Touching a Rebellion to have been raised in Ire­land. or of any practice designed upon the Duke of Ormond: To which Mr. Oates deposed,

That in August, there was a Consultation at the Savoy, A Consult at the Savoy about it. with the Ie­suits and with the Benedictines, and a Letter written from Talbot, (the pretended Archbishop of Dublin) making mention of one of the Popes Legates, an Italian Bishop ( Cassay, as he believed) that maintains the Popes Claim to the Kingdom of Ireland. And in this Letter, he speaks of four Iesuits, that were contriving the death of the Duke of Ormond, and in case that design should not take place, that then, Fogarthy should do it by Poyson, ( Fogarthy himself being there at that time.) That before the end of the Consult, Mr. Coleman came in, and earnestly prest the dispatch of Fogarthy for Ireland, to do the Work. The same Letter did also say, that they were ready to rise in Ireland for the Pope.

The Witness being asked if he knew any thing of Arms: Gave Evidence, Arms to­wards the Rebellion. That 40000 Blank Bills were provided to be sent into Ire­land. And that another Letter from Talbot, (of Ianuary or February last) said they were furnished by the Popish Commission-Officers, and that they had them ready in Ireland.

That Coleman, Fenwick, and the Witness, being together in August last, in Fenwicks Chamber, in Drury Lane, without any other Com­pany, Coleman told Fenwick that he had a way now to transmit the 200000 200000 l. towards it. Pounds for carrying on the Rebellion in Ireland, which he said to this Deponent also a Week before; so that Mr. Coleman was privy to it, and a prime Actor in it.

The Witness was now examined about Transmitting money to Wind­sor, Money to be sent to Windsor., or persuading the sending of any thither, and the time; who deposed as follows:

That Dr. Fogarthy proposed, and provided four Irish Ruffians to be sent to Windsor, The four Irish Ruffians sent away, and 80 l. sent after them. in August last, and they were dispatched the same night. That the next day, one William Harcourt, Rector of London, sent four­score pounds to them, in the name of the Provincial, who was then beyond the Seas: And by whose Authority the other acted. That Mr. Coleman told the Witness, that he had been to look for Harcourt at his house in Drury Lane, and was there directed to Wildhouse, where he sound him. And Coleman asking what care was taken for the four Gentlemen that went last night to Windsor? Harcourt made answer, that Eighty Pounds was ordered them; and that the Messenger was there that was to carry it. That the money was there upon the Table, most in Guinnies, and that Mr. Coleman gave the Messenger a Guinny to make haste. And that Mr. Oates never saw the Messenger, but that time.

[Page 4] The Witness was asked what he knew concerning Mr. Colemans dis­course with one Ashby; Ashbies In­structions a­bout the Poysoning or Murther of the King. whose evidence was that one Ashby (in Iuly last, and formerly Rector of St. Omers) being in London, and ill of the Gout, was appointed to go to the Bath, That this Ashby had certain instructions under the hand of White the Provincial, beyond the Seas, to Authorise Ashby, and the Consult of London; to dispatch the King, by Poyson, in case Groves and Pickering failed: and to offer Sir George Wakeman 10000 l. to effect it; taking the opportunity of giving his Majesty Physick, That Mr. Coleman attended this Ashby; that he saw Read, and Copyed out the Instructions, and sent them over England, to those that were privy to the Plot, That this Deponent himself saw the Reading, and the Transcribing of them, Mr. Coleman declaring the sum to be too little, and that Sir George Wakeman would hardly under­take it upon those terms; adding; That it were well to give 5000 l. more to make the business sure: and that this was said at Wild-House, at Mr. Sandersons house: and that upon Mr. Colemans dispatch of these Suffrages (the word he used for Instructions) to the Principal of the Ca­tholick Gentry of England, some thousands of Pounds were Colle­cted, and that Coleman told the Witness, that he sent these Copies about to quicken people in their Contributions.

The Court demanded if Mr. Coleman was not to have been one of the Secretaries of State; to which Mr. Oates replyed thus.

That in May last New Stile, April, Old, soon after the Consult at Mr. Langhorns Chamber, among other Commissions he saw one from the General of the Society, Iohannes Paulus D'Oliva (by vertue of the Popes Authority) directed to Mr. Coleman Mr. Cole­mans Com­mission for Secretary of State., and that this Deponent saw it at Mr. Fenwicks Chamber in Drury-Lane in the month of Iuly, Mr. Fenwick being present; and that Mr. Coleman, did then, and there, acknowledge the Receipt of it, open it, and say that it was a good ex­change, for it made him Secretary of State, that upon the Seal, there was an [...] with a Cross, and in English Characters I. H. S; and that he knew this to be the writing of the said General, for he had seen it forty times.

That in the month Ian. the Witness opened at St. Omers, certain Let­ters from Rome, directed to Father Harcourt (he having power so to do) wherein it was certified that the Commissions were already in Mr. Lang­horns hands, Mr. Lang­horn shews Mr. Oates the Com­missions. which gave the Witness a curiosity to ask Mr. Langhorn a­bout them. Now the Witness being summoned to be at the Consult in April, and appointed by the Provincial to wait upon Mr. Langhorn, he did so, and in discourse about the Commissions, asked him if he might not have a sight of them: To which Mr. Langhorn replyed, that he had received the Commissions; and that he would not scruple to let him have a view of them, the Witness giving him that very day an ac­count of the Consult.

The Witness was asked if he were acquainted with Langhorn, Mr. Oates's acquain­tance with Mr. Lang­horn. and he declared, That meeting two of Mr. Langhorns Sons in Spain, and doing them some kindnesses, upon the Witnesses return out of Spain, Mr. Lang­horn received him with great Civility at his house, (somewhere about Sheer-Lane) but the Wife being zealous another way, Mr. Langhorn advised the Witness rather to come to him for the future at his Chamber in the Temple; and that the Witness was ordered by the Provincial to give Mr. Langhorn an account from time to time of all Results at the White Horse, and Wild house.

[Page 5] Being interrogated how many came over in April together with the Witness, How many Priests and Iesuits in England at one time. and how many Priests, and Jesuits, to his knowledg had been lately in England at one time? he answered that there were nine Jesuits, as the Rector of Leige, Warren, Sir Thomas Preston; the Rector of Watton, Francis Williams, Sir Iohn Warner, Charges; one Poole a Monk, and the Witness the Ninth, but for the number of the rest, that he could not remember it, and that to his knowledg there had been in England, at the same time 160 Secular Priests, 80 Iesuits, and by names upon a List, above 300.

The Prisoner being now permitted to ask any questions, Mr. Cole­mans de­fence. and speak for himself.

Mr. Coleman suggested, Mr. Oates did not know Cole­man at the Council. that upon his Examination before the Coun­cel, the Witness told His Majesty that he had never seen him before, and yet now pretends to great intimacy and acquaintance with him.

Mr. Oates alledged that in truth he said (his sight being had by Can­dle-light) that he would not swear that he had ever seen him before; Not till he spake, for the Candle was in his Eyes. but so soon as ever heard him speak, he would have sworn him to be Cole­man.

It being demanded, How came Mr. Oates to omit his Charge be­fore the Council? (when the design upon the King at Windsor was before the Council) how the Witness came to omit Mr. Colemans giving the Guiny to the Messenger; the time when the Fourscore pounds was sent; the way of remitting the 200000 l. The Prisoner Consulting and approving of the Murther of the King; and his saying that 10000 l. was too small a reward for Sir George Wakeman.

Mr. Oates his answer to all this; Mr. Oates's answer to the former objections.. was that his business before the Council was rather to Exhibit an Information, than to deliver a Charge; and that it gives light to a Prisoner how to shift, when he knows the whole matter of his Accusation beforehand; and that be­sides, he was so spent with waiting and watching, that he could scarce stand upon his Legs: And that the King and Council were sensible of it, and willing to ease him, but yet if he had been prest, he should have enlarged his Information.

The Witness being examined how long it was betwixt the time of his being Interrogated, and speaking only to the Letters, and that time of communicating to the Houses of Parliament; the matter at present in question, his answer was, from Monday the 30. of September, until the Parliament met.

The Witness was likewise asked why he did not inform sooner; Why was this Infor­mation de­layed so long? with Mr. Oates's reasons for it. and of all together, Mr. Coleman being so dangerous a person, and engaged in so desperate a design, why he did not name the Jesuits he accused. And how he came to charge Sir George Wakeman by name, and not Mr. Coleman, 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; Whether Mr. Oates knew Cole­man before the Council or nor▪ 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 [Page 6] 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, Sir Thomas Doleman ex­amined to that point. 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 And 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, M. Colemans Defence be­fore the Council. 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, Mr. Oates's Charge against Coleman. 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, Mr. Bedlow examined. what he had seen, or heard, concerning any Commission to Mr. Coleman. Secondly, what discourse he ever had with Mr. Coleman concerning that matter.

[Page 7] Mr. Bedlow Mr. Bedlows evidence about Com­missions. 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, What mony Mr. Coleman received, 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, Mr. Bradley (the Mes­senger) ex­amined. 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, His account about sei­zing M. Cole­mans Pa­pers. 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 [Page 8] 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, Sir Robert Southwel and Sir Tho­mas Doleman examined about M. Colemans long Letter. 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, M. Colemans Letters and Papers pro­ved to be of his own hand-wri­ting. 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 Sir Philip Lloyd proves 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, The scope and sub­stance of it. 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.

[Page 9] To this foregoing Letter was produced an Answer from La Chaise, Sir Robert Southwel proves La Chaises Let­ter. 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.

As it was the business of the Prisoners long Letter abovementioned, The sub­stance of Mr. Cole­mans pro­ject of a De­claration. 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, His Letter in the Dukes name, which gave his Highness great of­fence. 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 attend the said Com­mittee.

The Letter itself was Read consisting most of Complement to the French Interest, The sum of the Letter itself. and of such imaginations as might give Mr. Coleman some Credit and Authority in his future undertakings.

There was another Letter produced, Another Letter to La Chaise. which was also to La Chaise, and without date, it is too long to be here inserted, and the pinch of the Letter lying in a very narrow compass, we shall only give you so much of it as may be sufficient for our present purpose.

[Page 10] We have a mighty work upon our hands, Two mate­rial passages out of it. ( says he) no less than the Conversion of three Kingdoms; and by that perhaps the utter subduing of a Pestilent Heresie, which has Domineer'd over a great part of this Northern world a long time: There never were such hopes of suc­cess since the death of our Queen Mary, as now in our days. And again, It imports us to get all the aid and assistance we can, for the Harvest is Great, and the Labourers but few.

This Letter was acknowledged by Coleman to be of his own writing as attested by Sir Thomas Dolman and Sir Philip Lloyd from Mr. Cole­mans own Lips. Mr. Cole­man owns the Letter. There were read also divers other Letters of the Pri­soner, and one especially of August 21. (74) to the Popes Internuncio at Bruxelles where he owns the design to be The utter Ruin of the Prote­stant party, but these were never thought fit for the Press.

The Prisoner did here crave the leave of the Court to ask Mr. Oates some questions, The Priso­ner asks the Witness some que­stions. who (having been withdrawn to rest himself) was cal­led again; it being also offered by the Court, that Mr. Coleman might speak with Mr. Bedlow also, but he did not desire it.

Here the Prisoner demanded the particular days of the months, where the Consult was held; Dr. Oates's answer to them. who were present at it: To which Mr. Oates made answer, that it was within two or three days of the Consult, in May New Stile, and April, Old, which began at the White-Horse and was af­terwards adjourned to several Companies, That there were present at it the Provincial, Mico, Strange, and Keins; and that the Prisoner came to the Provincials Chamber two or three days after the Consult. As to that at the Savoy, in August, Old Stile, the Witness would not charge his memory with the particular day, and touching the Consult in May, that Mr. Coleman was not present at it; but two or three days after it, approved at Wild-house of the resolutions before taken.

The Prisoner here suggests that he was fourscore miles off, The Priso­ner says he was in War­wick-shire when char­ged to be in London. in War­wick-shire upon the 21. of August, Old Stile and so for two or three and twenty days before, solemnly imprecating himself that he never saw Mr. Oates his Face, but in the Council Chamber, and now in the Court, and that he never saw Mr. Bedlow but now in the Court in his whole life.

Mr. Coleman did also endeavour to evade the danger of two Witnesses, He pleads that both Witnesses did not swear to the same Fact. by alledging that they did not both of them swear the self same fact, which was overruled by shewing that the general fact of killing the King, was sworn to by both, though not the particular manner, either of Pi­stol or Poyson.

The Prisoner laboured likewise to extenuate the malice of his ex­pressions, He blames his expressi­on and di­stinguishes upon the word Aid. by calling them only Extravagant, and to expound him­self, by saying that by the words Aid and Assistance was intended only Mony and not Violence, and finding that all this did not avail him, he offered proof that he was in Warwick-shire at the time sworn that he was in London, which being allowed him,

[Page 11] Boatman Boatman Witnesses his being in Warwick-shire. was called again; whose Testimony was only this, that in August last, Mr. Coleman was in Warwick-shire, all August, to the best of his remembrance; but he could not say what time of the month the Prisoner was in London, and gave no positive answer. When he was asked if Coleman was in Warwick-shire, and no where else, the Prisoner af­firmed that he had been at the Lord Denbys, and Mr. Francis Fishers, at least twenty days, and so concluded with these very words, Positively I say, and upon my salvation, I never saw these Witnesses, Oats but once, and Bedlow, never before.

The Kings Council then sum'd up the Evidence, the Prisoner of­ferd the same things over again, and his servant was examined His servant examined a­gain but could not speak to the day. as to the time of his Masters going out of Town; and of his return; but could not speak certainly to the day.

So that the Lord Chief Justice proceeded to his Charge to the Jury, whereupon the Prisoner was found Guilty The Prisoner found Guilty. of the High Treason where­of he stood Indicted, and remanded to the Prison, with order to bring him again the next morning to receive his Sentence. The Prisoner re­peating what he had said before, concerning the two Witnesses.

Mr. Coleman, being brought again the next day ( November 28.) to the Bar, first prayed favour for his papers, and then offered a Book, to prove him out of Town He is brought to the Bar a­gain and of­fers a Book to prove he was out of Town. from August 15. to the 31. late at night, refer­ring himself also (for the truth thereof) to some Papers and Books of Accompts which were then under seisure, alledging also the improbabi­lity of speaking in Company of killing the King, desiring the benefit, upon the whole matter, of the Act of Grace, but his offence being since the last Act of Pardon, Pleads the Act of Grace and receives his Sentence. and his other pretensions being found to be of no weight, The Lord Chief Justice, after a grave and pertinent Speech, pronounced Sentence upon the Prisoner to be Drawn, Hang'd and Quartered, &c. according to the usual form.

After Sentence past, He swears himself in­nocent. the Prisoner denyed the making or receiving; the knowing or hearing, either directly or indirectly, of any propositi­ons for the destroying of the King; the subverting of the Government; or the bringing in of Popery by violence, or by the help of any For­rein power. He declared upon his Salvation, that he had given the House of Commons a true accompt of all his Books, Papers, and Correspondences, and so desiring and obtaining leave for his Wife, and some immediate Friends to come to him, he was carried back to Newgate.

Upon the Tuesday following, the Sentence was Executed upon him, And is Exe­cuted. at Tyburn; where he thanked God that he dyed a Catholick, renoun­cing upon the word of a dying man, any knowledg of the Murther of Sir Edmond-Bury Godfrey, and so was turned off.

ON the 17. of December (78.) Thomas White alias Whitebread, The Indict­ment; for Conspiring the death of the King. William Ireland, Iohn Fenwick, Thomas Pickering, and Iohn Grove were Indicted at Iustice-Hall in the Old Bayly, for Conspiring the Murther of the King, &c. They all of them pleaded Not-Guilty, and the Jury (being Gentlemen of Quality,) was presented, and sworn, without any Challenge or Exception.

The Kings Learned Council having opened the Indictment, the Witnes­ses were called, and Mr. Oates first sworn, Dr. Oates sworn. and then demanded what he knew of a design for Murthering the King, and by whom: who gave Evidence to the effect following.

That in December last, Mr. Whitebread Mr. White­breads Let­ter to Cony­ers. was made Provincial of the Society; and then ordered a Jesuit at St. Omers (one George Conyers) to Preach against the Oaths of Allegiance and Supremacy, upon St. Thomas of Canterburies day, which he did, declaring them to be Hellish and Antichristian.

That in Ianuary following the Provincial wrote a Letter to St. Omers unto Richard Ashby, He sum­mons a Con­sult. giving notice of his intent to destroy the King, and in February that he summoned the Jesuits to a Consult at London, upon April 24. Old Stile: The Provincial dating his Letters at that time from London.

That Whitebread issued a second summons, A second summons; and who ap­peared upon it. which was received, April 5. New-Stile, whereupon Nine appeared at London; the Rector of Liege, Sir Thomas Preston, Marsh the Rector of Ghent, Williams, the Rector of Watton; Sir Iohn Harper, and from St. Omers two or three more, who were all under a caution to lie close, for fear of discovering the design.

That the first Consult, April 24. Old Stile, was at the White-Horse-Tavern The Con­sult of A­pril 24. at the White-Horse-Ta­vern. in the Strand, where Iohn Cary was ordered by Whitebread, Ireland, and Fenwick, to go Procurator for Rome. This Consult ad­journing after that to several places, as Mr. Sanders's, Irelands, Harcourts, Groves and other places (not known to the Witness) in little meetings.

That having debated upon the Matter of Religion, and the Murther of the King, Mico, The Result drawn up by Mico. the Secretary to the Society, did the same day draw up this following result:

[Page 13] It is resolved, That Thomas Pickering, The sum of the Result. and Iohn Grove shall proceed upon their attempt upon the person of the King; and that Groves re­ward shall be 1500 l. and Pickerings 30000 Masses.

That this resolution was first signed by Whitebread, Who signed it. and then by Ire­land and Fenwick, and likewise by all the four Clubs at the meetings be­forementioned: the Witness carrying the Instrument from one to ano­ther, and seeing them sign it; Whitebread, Ireland, and Fenwick sign­ing it at that part of the Consult which past at their respective Cham­bers, the Witness being still present.

That in May, Mr. Whitebread went to St. Omers, upon his Provin­cial Visitation; and with him, Cary and Mico: Cary going from thence to Rome.

That Whitebread having rendred an accompt of the state of the Ca­tholicks proceedings in England, what monies Collected; what party made and engaged; what means used to promote the design, he order­ed the Witness to come over into England, and to murther Dr. Tongue for publishing a Book called the Iesuits Morals: who left St. Omers Iune 23. New-Stile, Dr. Oates came over Iune 24. by Dover. took Boat at Calais on the 24. and on the 25. met Fenwick at Dover with some youths that he was sending to St. Omers.

That the Witness coming in a Coach with Fenwick and other Passen­gers for London, In a Coach to London. the Coach being searched some six miles on this side Canterbury, they found a Box full of Beads, Crucifixes, Images, &c. and directed to Richard Blundel Esq That these things being seized as Prohibited Goods: Mr. Fenwick said that if they had searched him they might have found Letters in his Pocket would have cost him his life, That Fenwick passed by the name of Thompson, near the Foun­tain Tavern at Charing-Cross, to which place he ordered the Searchers to write to him.

That coming to London, Iune 27. after a few days, Ashbies In­structions from White­bread. one Ashby came thither sick of the Gout, and was advised to go to the Bath for his Cure. This Ashby had been Rector at St Omers, and Dr. Oates de­clareth that he brought these following Instructions from Whitebread. First, the offer of 10000 l. to Sir George Wakeman for making away the King. Secondly the Bishop of Hereford to be murthered. Thirdly Dr. Stillingfleet. Fourthly, That (not withstanding the offer to Sir George Wakeman) Pickering and Grove might go on nevertheless. That Copies of these Instructions were dispersed among the Conspirators: And that Sir George Wakeman not accepting of 10000 l. Whitebread gave order for the making of it 15000 l. which was profered, and accepted as appeared upon their Books of Entries, and by a Letter from Whitebread expressing much satisfaction upon the agreement, 5000 l. of it being paid down in hand, by Coleman or his Order.

That in August, one Fogarthy (since dead) was at a Consultation of the Iesuits, with the Benedictines; where Fenwick, and one Harcourt were both present. That at this Consult Fogarthy recommended four Ruffians Four Ruffi­ans hired to kill the King. for the attempt, which the Consultors accepted, and they were also approved of by Fenwick. That these Ruffians were dispatched a­way, and the next day 80 l. was sent them, (most of it Gold) Coleman giving the Messenger a Guiny to make hast.

That in August, Broils to be raised in Scotland. Whitebread gave advice of what he had done about the Scotch business, ordering W. Harcourt (Rector of London) to send Moore, and Sanders, alias Brown, down into Scotland, whither they were accordingly sent from London, August 6. in the name of the Pro­vincial.

[Page 14] The Witness swears further, that Moore and Sanders were imployed to promote Moore and Sanders to promote them. the design of raising a Rebellion there, which Fenwick, and Ireland had projected: sending down people under the disguise of Presbyterian Ministers, to put the Scots into a Tumult, by setting forth the sad condition of living under an Episcopal Tyranny.

The Witness Deposeth also that they had determined to dispose not only of the King, The Duke as well as the King to be disposed of. but also of the Duke too, unless they found him (to use their own words) vigorous in promoting the Catholick Re­ligion.

Dr. Oates was here examined if he knew the Prisoners at the Bar, and ordered to call them by their names, and likewise examined what he knew of Pickering and Groves acceptance of the Conditions; where­upon he named them all.

And concerning Pickering and Grove, The Sacra­ment taken and an Oath of Secrecy. Dr. Oates declared that he him­self was present at Mr. Whitebreads Lodgings, when they accepted of the Conditions, but that the Consult was over, before Grove came thi­ther, and that then he took the Sacrament, and an Oath of Secrecy upon it, and so agreed to it, And that a Iesuite (by the name of Barton de­livered the Sacrament.)

Hereupon Mr. Whitebread interposed, The Priso­ner says Dr. Oates was at St. O­mers, when he swears himself in London. That whereas the Witness says that in April, and May, he was present at such and such Consults, there were hundreds could prove that Dr. Oates was all that time at St. Omers; the Prisoner desiring to know at what time he himself received that Sa­crament, to which Dr. Oates Testified that he received it, at the same time, the 24. of April, the Prisoner taking God to Witness he was not there.

Dr. Oates was then examined about the time that Mr. Cary was sent to Rome, and upon what business; to which Dr. Oates answered, that April 24. it was resolved that Cary should be sent, and that in May, or Iune, Cary sent to Rome, in May or Iune. Cary was brought over by Whitebread to St. Omers, Secretary Mico with him, and that then Cary took his Journy, receiving 20 l. at Paris for his expences.

Dr. Oates being asked what he knew of any design upon the Person of the King in St. Iames's Park, Dr. Oates's Evidence a­gainst Pic­kering and Grove. declared as followeth, That he saw Grove and Pickering divers times together in the Park, with screw'd Guns, (betwixt Pistols and Carbines) and that they had silver Bullets, which the Witness himself saw in the possession of Grove, and in the months of May and Iune; and that Grove told the Witness that he would champ his Bullets, that the wound might not be Cured, upon this Mr. Whitebread suggested that the Witness was at that time actually at St. Omers. But Dr. Oates averred that he saw Grove's Bullets twice or thrice in May and Iune, and Pickerings in August.

The Witness was now questioned what he knew of Pickerings Penance, and what was his offence; who gave Evidence,

That in March last, Pickerings Penance; and for what. Pickering slipt a fair opportunity (as Whitebread told him) for his flint was loose, and he durst not strike for fear of missing fire, and that for this neglect, he had twenty or thirty strokes: and Grove was censur'd too for looking not better after it. That he had seen and read this in Letters from Whitebread, whose hand he knew very well.

The Witness was then ordered to speak to the business of the Ruffi­ans, Dr. Oates's Risque upon his discove­ry of the Plot. that were sent to Windsor, and how they succeeded; to which, Dr. Oates could say little, in regard that at the beginning of September last, one Bedingfield had written to Whitebread that the Plot was dis­covered, and that none but such a one could do it, calling the Witness [Page 15] by his borrowed name. That this Deponent coming to speak with the Provincial at his Chamber, Sept. 3. the Provincial there shewed and read Bedingfields Letter to the Witness; reproching, striking, and abusing him; and charging him with a discovery of the Matter to the King: and asking him with what Face he could come to him thus, after he had betray'd him. That the Witness was not only reviled, and comman­ded to depart the Kingdom, but was assalted in his Lodging by White­bread, and others, who would have killed him if they could.

Dr. Oates was called upon next to speak to the Fourscore pounds: who gave this Evidence; Fourscore pounds sent to Windsor to the Ruffi­ans. that he himself saw the mony at Harcourts Chamber in Dukes-street near the Arch; and that it was given by Wil­liam Harcourt; but for the four Irish men that were sent to Windsor, that he never saw them, or knew their names, or the name of the Messenger that carried it, but that the mony was paid by Coleman, and Fenwick present at the payment of it: To which Fenwick demanding, when this was, and where, Dr. Oates replyed that it was in August, and in Har­courts Chamber, Fenwick denying that ever he saw Dr. Oates there in his whole life.

Dr. Oates being examined who signed the Resolution concerning Grove and Pickering; Who signed the Resolu­tion. declared that there were at least forty that signed it, and the five Prisoners amongst the rest; and that the Witness carried it from one to another, and saw the signing of it, having been an attendant upon them ever since the Year—and chiefly at Mr. White­breads, the Provincials Chamber, where it was first signed. That Mico drew up the Resolution at Whitebreads Chamber, and all the Prisoners privy to it, That when the whole Consultation had signed it, and Mass was ready to be said, Grove and Pickering did sign it before Mass, and approved of it, at the Provincials; where they all met that day to receive the Sacrament; which was delivered in a little Chappel at Wild-House.

As to the Oath of Secrecy, The Oath of Secrecy. Dr. Oates gives Evidence that he saw Whitebread Administer it, to all that were there: Mico holding the Book, (a Mass-Book) but what the form of the Oath was Dr. Oates could not say.

Mr. Whitebread reasons the Matter, Mr. White­bread denies all. that he was in a very doubtful state of Health, and that he would be loth to leave the world with a lye in his mouth, how much easier it is to assert an Affirmative, than to prove a Negative, and declaring before Almighty God that the Witness had not spoken three words of truth.

Dr. Oates then called to mind that Mr. Whitebread was Authorized to grant Military Commissions, Whitebread charged with issuing out Com­missions. and informed that the Seals of the Office were in the Court, with which the Provincial had Sealed some hun­dreds. That some of them past the Seal in the time of the former Pro­vincial; That the Commissions of the General Officers were Sealed by Iohannes Paulus de Oliva, the General of the Order; but that the Seals for inferior Commissions were in the hands of the Provincial. That he had Sealed one to Sir Iohn Gage, which was delivered unto him by this Witness, who received it from Mr. Ashby, but by Whitebreads appoint­ment: as appeared by a Memorial which the Witness saw and read.

That Whitebread, when he went over, lost several Commissions with Blanks, Several Commissi­ons with Blanks. and one ready Sealed, which was delivered in his absence unto this Witness. And that the intent of Arming, was to rise upon the Murther of His Majesty, Ireland and Scotland being already prepared to incourage an Invasion.

[Page 16] Dr. Oates offered somthing here concerning Grove, Dr. Oates charges Grove and three Irish­men with firing South­wark. informing that he went about with one Smith to gather Peterpence; either to advance their design, or to send them to Rome: Mr. Grove faintly denying any acquaintance with the Witness, whereupon Mr. Oates informed the Court, that in December last, going to take his leave of the then Pro­vincial; before the Witness going to St. Omers, he met there with Mr. Grove, who appointed to come next morning to his Lodging, and lent the Witness eight shillings for the hire of the Coach, by which token it appears that they were acquainted, as well as by other Circumstances, and by one very particular; when as the Witness informeth, Groves told him that He and three Irishmen had fired Southwark, and that they had 1000 l. for their pains: Grove 400 l. and the other, 200 l. a piece.

Upon the Courts examining Mr. Fenwick if he knew Dr. Oates, Fenwick of­fers the Seal of the Col­lege, and of the Town, to prove that Dr. Oates was at St. Omers April and May. Mr. Fenwick owned that he did, and remembred it by divers Circum­stances, but insisted upon it that Dr. Oates was at St. Omers upon April the 24. which was the time when Dr. Oates affirms that he brought the Resolve of the Consultation to the Prisoners Chamber, and that for the month of May, Dr. Oates stirred not from St. Omers all that month, for the proof whereof, Mr. Fenwick offered a Testimony under the Seal of the Colledg, and signed by the Magistrates of the Town. To all which the Court gave a very favourable hearing, and offered time to make out a proof. But the Evidence propounded not being accord­ing to Law, the Prisoner in this point was overruled.

Dr. Oates on the other side, Dr. Oates came over to the April Consult. affirms that in December or November he went to St. Omers, stayed there all Ianuary, February, March, and part of April, came over to the Consult of the 24. and went back again presently after it was over. That Father Warner, Sir Tho. Preston, Fa­ther Williams, Sir Iohn Warner, one Nevil, &c. came over with him: And further, that a Lad from St. Omers being discharged the House, and having lost his mony, Williams supplyed him towards his going home (as he remembers) his name was Hilsley, and that they came up to London together.

That the Witness lay at Groves, And lay at Groves's. and there was a flaxen-hair'd Gen­tleman, and Strange the late Provincial, that lay there besides: but that the Witness was charged to keep himself very close, Groves in the mean time, denying that Oates ever lay in his house, and confessing that Strange did, but not in either April, or May.

Mr. Whitebreads reply upon Dr. Oates was; Whitebread denies Dr. Oates's com­ing up with Hilsley. that Williams and Hilsley did come up to Town together; and that Dr. Oates knew of it, but that he was not with them, nor could he be with them, for he had no orders.

The Court did here very tenderly advise the Prisoners to bethink themselves, as a very material point, if they could make it out that Dr. Oates was not in England in April or May.

Mr. Bedlow was now called and sworn and then examined what he knew of any Plot to kill the King, Mr. Bedlow called and sworn. and by whom; who rendred this account.

That he had been near Five years a Carrier of Letters betwixt England and France, He carryed Letters for Harcourt. for the Society, and the English Monks in Paris. That the first Letter he carried, was from Mr. Harcourt, who sent for him over (being then a Lieutenant in Flanders) about Michaelmass last was four years.

[Page 17] That the Witness visiting the English Nunnery at Dunkirk, was kind­ly treated by the Lady Abbess, Recommen­ded by the Lady Ab­bess to Sir Iohn Warner. who entertained him six weeks in the Convent, and afterwards, recommended him to Sir Iohn Warner as a person fit to be intrusted either with Letters or any thing else against England: That after a fortnights stay, Sir Iohn Warner sent him to Fa­ther Harcourts, the next spring he sent him with several Letters into Eng­land, and Mr. Harcourt gave him several dispatches from thence to Mor­ton and Doway, and other places.

That in 1676. he carried a Packet to the Monks at Paris, A Corre­spondence betwixt Harcourt and La Chaise. which they communicated to the other English Monks in France, to whom it was directed, with a Letter in it to La Chaise, from Harcourt, Prichard, and Cary. That upon the receipt of this Packet, there past a Consultation betwixt La Chaise, some Monks, and a French Bishop or two, by whom mention was made (as Stapleton an English Monk told the Witness) of a Letter from the Lord Bellasis, and other Catholicks in the Plot; shewing in what condition affairs stood in England.

That from the English Monks at Paris the Witness was sent with a Packet addressed to Mr. Vaughan of Courtfield in Monmouthshire. That Mr. Bedlow went from thence to Pontois, and carried other Letters from thence into England; which he opened, and found to be only Prayers for the success of the design, and an earnest intreaty not to fail meeting at the Warwick-shire Consult.

That May 25. 1677. The Witness carried over an other Packet, Mr. Bedlow sent to Paris. and delivered some Letters to the English Nuns at Bruges and Ghent. That coming to Doway, the Monks Sheldon, Stapilton and Latham being gone, the Witness hastened after them, and overtook them at Cambray: That the intent of these Letters was to give notice of what had passed in a Consult at Summerset-House, about the destroying the Protestant Re­ligion; that there was great joy in Cambray at the News; and at Paris the Witness was informed that the Lord Bellasis blamed them for not keeping touch with England, Stapleton telling the Witness that nei­ther my Lord, nor the Society in England had any reason to blame them, for they had their Men, Mony, Men, and Arms in readiness. Mony and Armies in readiness upon any occasion: from thence the Witness was dispatcht into Spain to an Irish Father, whom he overtook at La Mora; and from thence he went to Salamanca, and St. Iago; and so came back into England, and Landed at Milford▪ Haven.

That the Witness passed thence to London, Letters for promoting the Plot. and delivered the Letter to Mr. Harcourt, that he did not look into the Contents of it, but knew that it tended to the same purpose with the rest, and to the advancing of the Plot. That he was afterwards sent by Harcourt and Coleman with Letters to some Papists in England.

That in the beginning of August last there was a close Consult at Mr. Harcourts, A Consult in August at Mr. Har­courts. as this Witness was informed by Pritchard. That it was a Plot upon the Kings life, and that Pickering and Grove had been long about it, but that for fear of failing, there were four Ruffians to be im­ployed that would do it at Windsor, and that the next day, Mr. Coleman would inform the Witness of the success. That Pritchard told him further; that some being sent to Windsor, Mr. Coleman was following them, hav­ing given a Guiny to the Menssenger that carried them their mony. And moreover; that the Witness demanded why they kept him so long a stranger to the design, they answered him that it was the Societies Resolve, and the Lord Bellasis's Order, that none but those of the So­ciety, and the Actors in the Conspiracy should be made privy to it.

[Page 18] That about the latter end of August, Conyers joy­ned to Pic­kering and Grove, in the design at Newmarket. as he believes, the Witness coming to Harcourts Chamber, found Ireland there, Pritchard, Picker­ing and Grove. That their discourse was that since the Ruffians could not dispatch the King, Pickering and Grove should take in Conyers, and try if they could snap him in his morning walk at Newmarket. That they were all of them eager upon it, and especially Grove, who said that if it could not be done by surprize, it must be openly, and that at the worst it would be an honourable miscarriage; and that in spight of all discoveries the party was yet strong enough to bring it about.

The Witness swears also, Pickering and Grove to be re­warded. that Fogarthy and Harcourt were there, and that Ireland, Grove, Pickering and the rest heard all this. That Harcourt promised the Witness a considerable reward, Grove to have 1500 l. if he came off, and to be the favourite of the Church; Pickering to have as many Masses at twelve pence a piece as would come to that mony.

Ireland denies that ever he saw Bedlow before that time in the Court, Ireland de­nies the knowledg of Mr. Bed­low. and bade him produce a Witness if he could, that he had ever spoken to him.

Mr. Bedlow was examined what he could say of the rest; and his an­swer was, Mr. Bedlow knows no­thing of Whitebreads being in the Plot. that he charged only those three; that as to Whitebread; that he had heard he was deep in the Plot, but did not know it, and only knew him by sight, but that Whitebread and Fenwick had been at many Consultations.

Mr. Bedlow came now to speak to Groves agreement; Grove to put his 1500 l. into a Friends hand. and the 1500 l. His evidence was, that Grove was to put it into a Friends hand, but he knew not his name, nor the certain time of their agreement.

Ireland Ireland says he was in Staffordshire not London. affirms that he was not in London the whole month of August, and offers to prove by twenty Witnesses that he was in Staffordshire from one end of the month to the other, and desires that Mr. Bedlow would name the place, and the Company where ever they were together.

Mr. Bedlow Mr. Bedlow says he saw Ireland at Le Faires. replyed that he did not pretend to a familiarity with him, but that he had seen him often, and particularly at Le Fairs at Somerset-House in company with several other Priests and Jesuites: upon Irelands bidding him name one, Mr. Bedlow named Segnior Perrare: I sup­pose (says Ireland) if Perrare may be brought hither, at which words dispute concerned in the business.

The Reader may here take notice that the Printed Tryal has this pas­sage in it page 45. Mr. Bedlow askes Mr. Ireland. do you know Le Faire and Parrare? To which Ireland replies Yes; but I never saw you in their Company, in Somerset-House in my life, but Once or Twice, yes (says Mr. Bedlow) you have Twice at Le Faires.

Here is a Contradiction in the one part, A Doubtful passage in the Printed Tryal. and an Incongruity in the other, which neither finding in my own Notes, nor any notice taken of it in the Court, the Reader is left to judg if it may not be some slip in the Press.

Mr. Bedlow gave Evidence also of his seeing Mr. Fenwick say Mass at Somerset-House, and of another Plot A Plot upon some Noble Lords. discoursed of upon the lives of certain Noble Persons: Knight to kill the Earl of Shaftsbury; Pritchard, the Duke of Buckingham; O Neale the Earl of Ossory, and Obrian the Duke of Ormond.

[Page 19] Dr. Oates Dr. Oates calls to mind a Plot upon the Duke of Or­mond. informs the Court of a Consult he had forgotten, where there was a Plot laid to kill the Duke of Ormond, and raise a Rebellion in Ireland, declaring that in Ianuary last, Fenwick, Ireland, and White­bread had the perusal of some Letters from Talbot sent to London, which they Communicated to the Society at St. Omers. The Letters speaking to this effect, that the Catholicks stood fair to do their business in Ireland. And the Witness also swears, that he saw a Letter under Covert, signed by Whitebread, Ireland, Fenwick, &c. of thanksgiving for their hopes in Ireland, and declaring withal, that no stone should be left unturned for the extirpation of that abominable Heresie out of that Kingdom.

That Fenwick, Mr. Fenwick made privy to that Plot. about the 21. of August, a little before his going to St. Omers, to bring home the Provincial, was at a Consult, and did there consent to a design upon the Duke of Ormonds life, and the moving of a Rebellion, after his death; and likewise approve of the four Iesuites that were to do the work, and of sending Fogarthy over to Talbot, in case the four Iesuites should not do their business. And also that Mr. White­bread agreed to it, at his coming over, as may appear by his Books of Entry; for a Letter from Mr. Whitebread, dated as from St. Omers, a­bout the latter end of August, and taxed at but two pence, made this Witness suspect that it was written nearer hand: In that Letter White­bread approved of the design upon the Duke, and the Witness swears that it was signed with his own hand, informing the Court, that the said Result might be found in the Book wherein all the Consults are Registred.

Mr. Iames Bedlow Mr. Iames Bedlow swears he had heard of a Plot. being sworn, declareth that he did not know Ire­land, That he had heard of Pickering, and Grove, and could say no­thing to the Conspiracy against the King, but he had heard his Brother talk of the Priests and Jesuites, as people that he knew, and that many of them visited his Brother. That he had fetched many sums from them for his Brother, (as 50 or 60 l. at a time) as he had proved to the Duke of Monmouth, the Lord Chancellor, and Lord Treasurer; from the persons that paid the mony.

Mr. Iames Bedlow being examined what he had heard his Brother say concerning Mr. Ireland, and how long he had known him, made answer that he had heard his Brother speak of him, but where, or in what place, he could not tell.

Mr. Ireland urged that Mr. Bedlow made mention of one place, some three years since, and that it was at Paris, and that if he talked of him so long, he must have known him so long; whereupon the questi­on being put to Mr. Bedlow how long he had known Mr. Ireland, Mr. Bed­low made answer that he had only known him since August last; but that a man might talk of people that he never saw in his life.

Mr. William Bedlow, with his Brother, did not withdraw, and Dr. Oates speaking to the summoning of a Consult, did aver that he heard Mr. Whitebread ask Mr. Peters, if he had summoned the Consult, as he directed, him and that Mr. Peters answered him, Yes, and that he had written into Warwick-shire and Worcester-shire about it.

There was now a Letter produced from Mr. Peters a Prisoner about this Plot, Sir Tho. Doleman declaring in Court, that he found it amongst Harcourts papers, the hand being likewise sworn by Dr. Oates to be Mr. Peters hand; which Letter, as it follows, was read in the Court.

[Page 20] Feb. 23. 1677.

Mr. Whitebread declared that he knew nothing at all of this Letter, and Mr. Ireland that it was none of his Letter, and that he had not heard of it before in particular.

Upon this matter, Sir Thomas Doleman informed the Court, that Dr. Oates gave an account of this Consult to His Majesty and Council, four or five days before this Letter was found.

The Seals were now produced in Court, The Seals brought into the Court. Dr. Oates affirming them to have been seized in the Provincials Chamber, and Mr. Whitebread con­fessing as much.

The Jury were now dischaged of Mr. Fenwick and Mr. Whitebread, The Jury discharged of Mr. Fen­wick and Mr. White­bread. upon a tenderness of not screwing up any Evidence to an over rigorous construction; so that they were taken from the Bar, to attend the event of a farther discovery.

The Prisoners being now called upon to make their defence, with an assurance that their Witnesses should be fairly heard, 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, Mr. Ireland proves his being in Stafford­shire. 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.

[Page 21] Upon Irelands denyal of his being in Town in August, Sarah Pain swears that she saw Ire­land at his own door at a Scriveners in Fetter-Lane, about Aug. 13. 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, Mrs. A. Ire­land proves Mr. Ireland in Stafford­shire. 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, And so does Mrs. Elea­nor Ireland. 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, Dr. Oates swears Mr. Ireland in London at that time. 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, Harrison proves Ire­land in Staf­fordshire. 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, Mr. Irelands journal of his passage into the Country. 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, Mr. Gifford Witnesses it too. 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, Mr. Ireland reflects up­on 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.

[Page 22] Sir Denny Ashburnham being solicited to appear, Sir Denny Ashburn­hams Evi­dence. 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, Mr. Ireland pleads his Loyalty. 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, Mr. Grove denies that Dr. Oates ever 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 me.

Mr. Pickering affirms that he never shot off a Pistol in his life, Mr. Picker­ing swears that he was never in Mr. Bedlows Company. that he ne­ver saw Dr. Oates that he knew of; offers to swear that he never was in Mr. Bedlows Company; urges that his Father was slain on the Kings side, and pleads that he had no time to summons his Witnesses.

After the Lord Chief Justice had given his directions to the Jury which were exact and impartial, together with some learned reflections upon the errors of the Church of Rome; the Jury went out to consider of their Verdict, The three Prisoners found Guil­ty and Con­demned. and in a short time came in again, and returned the three Priso­ners severally Guilty of the High Treason whereof they stood Indicted, and so the Court adjourned till four in the Afternoon: when meeting again, according to their adjournment; Mr. Recorder, after a grave and weighty discourse upon that occasion, pronounced Sentence upon the Prisoners ac­cording to the usual form in such cases, which Sentence was accordingly Executed upon Ireland, and Grove; Ianuary 24. at the common place of Execution, Pickering being Reprieved till May 9. 1679. when he like­wise suffered death according to his Sentence.

THERE were tried by an Oyer and Terminer, at the Sessions-House at Old Bayly, Iune 13. 1679. Five Jesuits and Priests, that is to say, Tho. White, alias Whitebread, (Provincial of the Society in England) Will. Harcourt, Rectour of London, Iohn Fenwick, Procura­tor for the Society, Iohn Gavan, and Anthony Turner, upon an Indict­ment of High Treason, for a Conspiracy against the Life of the King, the overturning of the Government, and the destruction of the Protestant Religion. There was also a Sixth brought to the Barr, one Iames Corker, but upon his Petition to the Court for longer time, in regard that he had not sufficient notice for the producing of his Witnesses, and the preparing of his Defences, he was, for the present, set aside.

The Indictment being read, Mr. White­bread pleads that a man ought not to be tri'd twice for the same Fact. Mr. Whitebread represented to the Court, that having been tri'd on the 17. of December last, upon the same Indict­ment, the Jury impannell'd, and the Evidence found insufficient that was brought in against him, and the Jury discharged without Verdict, he was informed that no man could be tried, and have his Life put in jeopardy twice for the same Cause; and therefore made it his Suit, that he might have Counsell to direct him upon that point in the matter of Law. He pressed that his Life was in jeopardy, being deliver'd over in Charge to the Jury; and cited Sayer's Case Eliz. 31. who having pleaded to a for­mer Indictment for a Burglary, was Indicted a second time; the Judges declaring that he could not be Indicted again for the same Fact. He desired a sight of the Record, and to be informed whether or no, being come upon his Trial, a man ought not to be either Condemned, or Acquitted. Upon which motion and proposal it was opened unto him,

That the Jury being discharg'd of him, His Plea an­swered, and overrul'd. his Life was in no danger; and that the Jury being sworn to make true deliverance of the Prisoners in their Charge, their Charge is not full till the last Charge of the Court, after Evi­dence. And farther, that their Plea was not to be supported without a Record; and moreover that there was no Record of December 17. con­cerning them, for there was no Verdict, because there was no Trial, nor was it the same Indictment, but contained new matter. Upon which, Mr. Whitebread submitted himself to the Court.

Mr. Fenwick offered the same Plea with Mr. Whitebread, Mr. Fenwick pleads the same with Mr. White­bread. inlarging him­self upon it; That they Two were in the fame danger with the other Three that suffered, for if Mr. Bedlow (who declared he could say nothing against them) had given the same Evidence as against the rest, they should have been likewise Condemned: so that the Evidence falling short, he supposed that they ought to have been discharged.

The Court proceeded now upon the Prisoners, The Priso­ners chal­lenge all that serv'd in the former Jury. who did all plead Not Guilty; and the Jury being called, they did unanimously Except (with­out naming them) to all those persons that had served before as Jury-men in the same Cause.

When the King's Counsell had opened the Indictment, Mr. Oates sworn. Mr. Oates was the first Witness called, and sworn: who giving the Court to understand, [Page 22] that he should have occasion for several Witnesses, which he desired might be called in, Mr. Gavan objected against it, for fear of giving them in­structions; so that Mr. Oates giving in their Names, a note was taken of them, and they were sent for to be in readiness upon occasion, and then Mr. Oates came to his Evidence, declaring,

That Mr. Whitebread was made Provincial December last was twelve-month, His Charge upon Mr. Whitebread for his Orders to Conyers. and ordered Conyers to preach this Doctrine in the English Semi­nary upon S. Thomas of Becket's day, That the Oaths of Allegeance and Supremacy were Antichristian, Heretical, and Devillish: which was done accordingly.

And that Whitebread wrote Letters in Ianuary, Mr. White­bread charg'd for a Corre­spondence with Father Talbot. or February, to S. Omers, of what Talbot had written to him about the State of Ireland; which was, That thousands would be in readiness to rise when the Blow was given: signifying by the word Blow, as was usual among them, the Murther of the King. Farther declaring, that this Expression was in Whitebread's Let­ter, and that he said (for the Blow) he hoped it would not be long first.

That in Ianuary Whitebread sent two Jesuits to see how things were in Ireland, The Resolve of Apr. Con­sult sign'd. of whose Return in April Whitebread delivered an Accompt: men­tioning a Consult appointed in April, old stile, May, new; where there met Whitebread, Fenwick, Harcourt, and Turner, who did all of them sign the Resolve; Whitebread at Wild-House, Fenwick in Drury-Lane, Harcourt in Duke-Street. That the Consult began at the White-horse Ta­vern in the Strand, where Cary was made Procurator to be sent to Rome: after this they Adjourned into small Meeting, at Whitebread's Chamber, Ire­land's, Harcourt's, Fenwick's. The Witness durst not charge Mr. Gavan with this point.

That the Resolve signed as aforesaid, The Sub­stance of the Resolve. was▪ that Pickering and Grovo should proceed to dispatch the King; (as a good Expedient.) And that af­ter this Consult, the Witness and 8 or 9 more returned to S. Omers; and in Iune Whitebread went over to Flanders, (being Provincial) to look to his Charge; where, upon discourse with some of the Fathers, he had this Expression, That he hoped to see the—at Whitehall laid fast enough; and that if the Brother should appear to follow in his Footsteps, his Passport should be made too.

That Iune 13. old stile the Witness came for England by order, Mr. Oates landed at Do­ver Iune 15. and came to London about Noon, Iune 17. took boat at Calais on the 14. and on the 15. betimes in the morning he landed at Dover, where Mr. Fenwick was with some Students that he was sending over. That Fenwick, the Witness, and some others took Coach, baited at Canterbury, and when they came six miles farther, there was a Box ta­ken by the Searchers, directed to the Honourable Richard Blundell, Esq at London, and brought up by Mr. Fenwick. It was full of Beads, Cru­cifixes, and the like: and Fenwick desired the Searchers to send it with a Letter for Mr. Thompson, (so he called himself) to the Fountain Tavern near Charing Cross. He swears farther, that Fenwick said, if they had searched his Pockets, as they did his Box, it might have cost him his Life; for he had Letters there about the Concern in hand. That he came to Lon­don about noon, Iune 17. old stile; and that in Iuly, one Ashby (or rather Thimbleby) and Fenwick brought over Instructions from Whitebread, Instructions to poyson the King, and is­sue out Com­missions. for the offering Sir George Wakeman 10000 li. to poyson His Majesty, and for the filling up of a Blank Commission for Sir Iohn Gage, to be an Officer in the Army; and that by Fenwick's own order the Witness gave it one Sun­day into Sir Iohn's own hand; the Commission being filled at Wild-House by Whitebread's order, but signed and sealed by Whitebread, who ordered Ashby in Iuly, while he was at S. Omers, to have it filled up: which Order [Page 23] the Witness saw, and knew the hand. That there were present at the fil­ling of it up, Mr. Harcourt, Mr. Ashby, and Mr. Ireland: and that Fen­wick and Harcourt did counsell Ashby upon his leaving of the Bath, Mr. Ashby went to the Bath about the latter end of Iuly. (whi­ther he went about the latter end of Iuly,) to take his Circuit in Somerset­shire, and possess the people there with the matter; not doubting but the Gentleman at Whitehall would be dispatch'd before he came back.

As to Mr. Gavan, Mr. Oates did not know Mr. Gavan in the Lobby. Mr. Oates declares, that seeing him in the Lobby, disguis'd in a Periwigg, and one enquiring if he knew him, the Witness did not then well know him in that dress, and so gave no Information against him at that time; not conceiving the mystery of it, knowing him to have a very good head of hair of his own.

That Mr. Gavan, Mr. Oates his Charge a­gainst Mr. Gavan. in Iuly 1678. informed the Fathers at London how things went in Staffordshire and Shropshire, and how industrious Father Ewers was to order matters in those Countries. The Letter did not say from what place, neither did the Witness at first know the hand, but af­terwards he did, as he shall make appear; and it was Iuly, or August, that the Witness saw Mr. Gavan at Mr. Ireland's Chamber. Mr. Gavan here in­terposed, upon his Salvation, that he was as Innocent as a Child unborn: which gave the Court occasion to forbid the Interrupting of the Evi­dence.

Mr. Oates declared likewise, Mr. Oates knew Mr. Gavan's hand, having seen him write a Bill for payment of money. that meeting Gavan at Ireland's Chamber, he gave Ireland the same Account of Staffordshire, and Shropshire, as he had before in his Letter: and for the proof of his hand, the Witness saw him draw a Bill for payment of money to some little Priest; which was the same Writing with that Letter. That Gavan talked of Two or Three thousand pounds that would be ready thereabouts for the design.

That betwixt August 8. and 12. Ireland took leave of the Witness, Mr. Ireland takes leave of the Witness. and others, at his own Chamber, as if he were going to S. Omers; and that he leaving the Town, Fenwick, in the other's absence, executed the place of Treasurer and Procurator. That August 21. Fenwick, Harcourt, Keins and Blundell were together at Wild-House, and 80 li. before them, Mony sent to the Ruffians; and Coleman gives the Messenger a Guinny. the greater part in Guinneys; which was for those that were to kill the King at Windsor: and that the matter being agreed, Coleman came, and gave the Messenger a Guinny to quicken him in his dispatch. That from Wild-House they removed to Harcourt's Chamber for the Papers that were to goe to Windsor: and that there the Messenger received his money.

That a day or two after this, A Consult at the Benedic­tines, and News from Ireland of a Plot upon the Duke of Or­mond. Fenwick and Harcourt being at a Consult at the Benedictines, he had fresh News out of Ireland, from Talbot, of a De­sign upon the Life of the Duke of Ormond: he enquiring how things stood in England, and desiring Commissions, and Money, for advancing the Design. That Fenwick sent Commissions (as he told this Witness) to Chester, by an Express; but concerning the Letters by the Post, the Wit­ness speaks his own knowledge. That Mr. Fenwick delivered this Witness some money for necessary Expences, charging him to get some Masses said for the Success of the Undertaking. That August 25. after noon, he saw Fenwick at his Chamber, he being next day to depart for S. Omers, with 8 or 10 Students: after which time the Witness never saw him more till he was in Custody.

That the first or second of September, Sept. 3. Mr. Whitebread being at sup­per, M. Oates could not see him till next morning; and was then a­bus'd. a Letter coming from Mr. White­bread that was charged but two pence, and yet passed for a forrein Letter, the Witness concluded that Mr. Whitebread lay close somewhere in Eng­land. That September 3. the Witness went at night to visit Mr. Whitebread, but could not speak with him, because he was at supper: but that next morning he gave the Witness ill Language, and Blows, asking him how he could look him in the face, having done so falsly by him. And that [Page 24] the Witness asking him what injury he had done him; his Answer was, that the Witness had discovered the business: upon this mistake, that the person to whom the Witness had communicated his Information by Dr. Tongue, went to His Majesty in the same-coloured Cloaths that the Wit­ness wore, and Mr. Whitebread having received a description of his Cloaths, concluded it to be the Witness.

That the Witness having countenanced the matter as well as he could to Mr. Whitebread, Mr. White­bread and M. Oates friends again. he shewed the Witness a Letter from Bedingfield, infor­ming that the Design had taken Air; and that if the five Letters sent to Windsor, and intercepted, had not made the rest look like a Counterfeit, all had been spoil'd.

That the Witness having pacified Mr. Whitebread, Mr. White­bread over­joy'd at Sir Geo. Wake­man's accep­ting the 15000. li. he offer'd to be friends with him, upon condition he would tell him the person, and the Minister that went with him. Mr. Oates declared this to be all he had to say to the Prisoner at the Barr, saving onely that upon Sir George Wakeman's refusing to poyson the King for 10000 li. Mr. Whitebread advised the adding of five thousand pounds more, and exceedingly rejoyced to find it accepted.

Concerning Mr. Turner, and his being present at the Consult in April, and signing the Resolve of Murthering the King, Mr. Oates has something to say.

As to Mr. Gavan, Mr. Gavan summon'd to the Consult of April. Mr. Oates swears that he was summoned to the Con­sult of April 24. but cannot swear he was there, but onely that he saw his Name to the Resolve, which was all one with the Letter about Stafford­shire, the Witness still declaring, that he never saw Gavan write any thing but the aforesaid Bill of Exchange.

That Whitebread, Mony rais'd to carry on the Design. Fenwick, Harcourt and Turner were there, and that the mony was raised for furthering the Design of destroying the King and Government. That Gavan wrote a Letter to Mr. Ireland, which he re­ceived by the hands of Grove, for the taking up of mony: declaring far­ther, that that Letter was received by Grove, Ashby in Town the Beginning or Middle of Iuly. and delivered to Ireland, gi­ving an account of the affairs of Staffordshire as is before related: and that this Account was given in London the Beginning, or Middle of Iuly, when Mr. Ashby was in Town.

Here Gavan alledged that Mr. Oates said but even now, Gavan ob­jects that M. Oates varies in his story. that it was in the latter end of Iuly: upon which Mr. Oates moved that the Witness might be examined by the Court, and not by the Prisoners, that would put things upon the Evidence which they never said.

After this the Prisoners put several Questions to the Witness. The Priso­ners put cross questions to the Witness. White­bread ask'd him how long he had known him before the April Consult. Mr. Oates answered, that he never saw his face before. Mr. Whitebread demanded how he was to be employed, and what Recompence. Mr. Oates told him, that when he left S. Omers, he was to wait upon the Fathers at Mr. Whitebread's Chamber, and to carry the Result from place to place, where respectively they met.

To Fenwick's Questions, If Mr. Oates was at the White-Horse Tavern, if he din'd there, how long he stayed in Town, who came over with him, and their Names, Mr. Oates made Answer, That he was at the White Horse, that he did not dine there, Mr. Oates stay in Eng­land was un­der 20 days. that his stay in England was under Twenty days, and that he could not punctually remember who they were that came over with him, it was so long since. Whereupon Mr. Fenwick told the Wit­ness, that he need not charge his memory, for he had them in his Narra­tive. Mr. Oates, upon this, naming divers of them, as Father Williams, the Rector of Watton, the Rectour of Liege, Sir Iohn Warner, Sir Tho­mas Preston, &c.

[Page 25] Mr. Whitebread asked the Witness, The Priso­ners offer Mr. Oates's Nar­rative for E­vidence. if Mr. Nevil and Sir Robert Brett were there, he having said so in his Narrative. Mr. Oates answered, that he believed that they were there.

Mr. Fenwick offered Mr. Oates's Narrative, as an Evidence upon Oath, being sworn before a Justice of the Peace; insisting upon it, that his Evi­dence in Court ought to agree with his Narrative. But he was answered, that they were to proceed according to Law, which would not admit a Pamphlet in Evidence.

Mr. Gavan demanded of Mr. Oates, Mr. Gavan seeks to en­trap M. Oates about Ashby's being in Town. whether it were in August, or July, that Mr. Oates saw him, what time of the month, and whether before Mr. Ashby went to the Bath, or not. To which Mr. Oates replied, that it was towards the middle or latter end of Iuly, that he saw the Prisoner in Town, Ashby being then also in Town, and Gavan telling the Witness that he would go see him; the Witness declaring particularly, that about Mid-Iuly Ashby came to Town, stayed not above a fortnight, designing for the Bath, and that at this time it was that Gavan communicated the sub­ject of that Letter.

Gavan demanded of the Witness, Gavan presses Mr. Oates upon a pre­cise Week; which he does not re­member. in which of the two weeks it was ( Ashby staying but a fortnight) that Mr. Oates saw him in Town. The Pri­soner expounding to the Court the Intent of that Question, that he might endeavour to disprove it either in the one week or in the other. But Mr. Oates could not charge his memory with the precise Week.

Mr. Gavan put it then to Mr. Oates, Gavan oppo­ses M. Oates's Evidence with a so­lemn Impre­cation. how often he had seen him in London. Whose Answer was, onely one day, but two several times that day, as he re­membered, by the token that an Apothecary brought Mr. Gavan a Cordiall in the afternoon to Mr. Ireland's Chamber, he being then and there indispo­sed. That the Apothecary was called Walpoole, but that the Witness could not say whether it was he himself that brought it, or his servant. Mr. Ga­van brake out here into this Expression, I do as truely believe that there is a God, a Heaven, and a Hell, as any one here does. As I hope for salvation, as I hope to see God in Heaven, I never saw Mr. Oates before that day in Ja­nuary, when he says I had the Periwigg on, and he did not know me. And as for July, I call God to witness, I never saw him then. Vpon my salvation, I was not in London.

Liberty being allowed to the Prisoners to ask any Questions in their own defence, The Priso­ners charge Mr. Oates with Mis­takes. Mr. Turner asked Mr. Oates, if Whitehall was not the first place that ever he saw him in, when he told the Prisoner that he went by another name. Mr. Oates told him, that in that Disguise, and beastly Pe­riwigg, he did not so well call him to mind; and that he did not consider Names, but he was the Man. He saw him at the Consult, where there were 40 or 50 in the Meeting. That he could not say he saw him at the White Horse, but at Mr. Fenwick's Chamber he did. Turner laid hold of that, and minded him that at Whitehall he said it was at Wild-House: which Mr. Oates explained, Mr. Oates's Answer to it. by telling the Court, that in regard the grea­test business was done at Wild-House, they called all Consults the Consults of Wild-House.

Mr. Dugdale being sworn, Mr. Dugdale sworn, and charges Mr. Whitebread. was Examined what he could say of White­bread and Harcourt, but to begin with Whitebread. He declared, that he had seen Whitebread some two or three years agoe with the old Lady Aston, at Tixall, having no great acquaintance with him. But that in a Letter from Mr. Groves to Mr. Ewers, he saw one of Mr. Whitebread's inclosed, cautioning Ewers to chuse men that were hardy, and desperate, (or to that purpose) and no matter for their being Gentlemen. That he came to know Mr. Whitebread's hand, by looking upon him as he was writing a Let­ter at Tixal, which he gave him to convey. That his Name was to the [Page 26] Letter, Mr. Dugdale knows Mr. Whitebread's hand, having onceseen him write a Let­ter. and that it was so like the hand which the Witness saw him write, that he might almost positively swear it was the same. That he came to the sight of this Letter, by intercepting it, and reading it; and that he saw it at Tixall: all Letters coming to Mr. Ewers under cover from Mr. Groves, be­ing directed to the Witness; the said Mr. Ewers being a Iesuite, and the Witnesse's Confessour.

Mr. Dugdale swears farther, Dugdale en­gag'd in the Plot by Ga­van. that he was engaged in the Plot upon the Life of the King by Gavan and divers others. That at Mr. Ewers's Cham­ber, This Witnesse's; at Boscobel; and elsewhere; there were divers Con­sultations about the Death of the King, and bringing in of Popery; where­in Mr. Gavan was a great man, having a good Tongue, and the faculty of moving the people: and the Witness believeth that Mr. Ireland was then in the Country.

That at Tixall there was one Meeting about September last, A Meeting at Tixall Sept. last, to kill the King, and destroy the Protestant Religion. where my Lord Stafford was present, Mr. Peters, Mr. Leveson, Mr. Ewers, and ma­ny more; Mr. Gavan among the rest: and the Meeting was to advise upon the design of Change of Religion, and taking off the King. That this was Sept. 21. 1678. but that the Witness hath heard it spoken of two years agoe. That upon this occasion, the Witness was by Mr. Harcourt chosen to be disposed of at London, under the Government of Mr. Parsons. That Ewers and Gavan were the first that brake this business to the Witness, Mr. Gavan often perswading and incouraging him to it. The Court appearing to be much affected with this Evidence, laid great weight upon it, as a thing wholly New to them. Upon which Expression, Gavan made an Exclama­tion in these words, 'Tis so to me too, upon my Soul; for upon my Conscience I never heard of it before; bidding the Witness look upon him with Confi­dence if he could. Mr. Dugdale presently desiring Mr. Gavan to inform the Court, whether he ever had the Witness under his Tuition or no, or knew any ill thing by him; Gavan acknowledged that he had been acquainted with Mr. Dugdale, living within 11 miles of Tixall, and conversing with the Family; and that he knew Mr. Ewers very well, but never was in his Chamber. Dugdale proceeded, That some of the discourse already given in Evidence was in the Little Parlour, and some in Mr. Ewers's Chamber. And for a farther Argument of Friendship betwixt them, that this Witness gave them 400 li. to pray for his Soul, 400 li. given by the Wit­ness to pray for his Soul. and to set forward this Design, and promised them 100 li. more, upon their Complaint that they should want mony; Mr. Gavan assuring the Witness that he should be Ca­nonized for what he had done.

Mr. Dugdale swears farther, Forces ex­pected from abroad. A Massacre intended. that in his hearing they talked as if they look'd for Forces from abroad; and that Mr. Gavan said, that though they were in great Troubles themselves, they would yet have Men and Mony enough to spare for such a Design. And then, as to a Massacre, the Wit­ness swears, that he hath heard it talk'd at several Consultations. But they were first advised by a Letter from Paris, that passed through Harcourt's hands, to make the Death of the King to be a Presbyterian Plot, and in case of his Miscarriage, to engage the Protestants in a Revenge upon the Presbyterian party, as guilty of the Fact; and after that, to go on to a Massacre, and those that scap'd it to be afterwards cut off by an Army.

The Witness saith moreover, King-Killing made law­full. that Mr. Gavan hath many times endea­voured to perswade him of the Lawfulness, if not the Merit, of killing any body for the Advancement of their Religion; giving Reasons for it out of Scripture, and instancing in the Example of Garnet, and the Miracles wrought by his Reliques.

He declareth farther, 100 Treaso­nable Letters seen by Mr. D. that he hath seen several Treasonable Letters from beyond Seas striking at the Life of the King, and the Protestant Religion, [Page 27] which this Witness hath intercepted, and read, at least 100 of them, which were sent from Harcourt to Ewers under a Cover from Groves.

The Witness says farther, Harcourt's Letter seen by Mr. Dug­dale about the murther of Sir Ed­mundbury Godfry. that the first Intelligence they had in the Coun­try of the Death of Sir Edmundbury Godfry was from Harcourt; that it came to Ewers on the Monday, and bore date on the Saturday that he was Murthered. That the Intelligence was in these words, This very Night Sir Edmundbury Godfry is dispatch'd. It was not said by whom he was murthered, but that he was killed, and they knew by whom. Upon the sight of Harcourt's (or Harrison's) Letters, which were usually sign'd with W. H. which stands for both, this Witness went the next day to an Ale­house hard by, and ask'd if they heard any thing of a Knight thas was murthered at London: And that he had an Evidence in Court for the truth of what he deliver'd.

Mr. Dugdale was demanded a farther account of Whitebread's Letters to Ewers; M. Dugdale's account of Whitebread's Letters. who said, that he particularly remembred one, but could not say how many he had seen. Mr. Harcourt then asking the Witness the date of the last Letter the Witness had received from him; Mr. Dugdale an­swered, that as he remembred, it was that concerning the Death of Sir Ed­mundbury Godfry in October: and then Harcourt affirmed, that he had not written to him this year and half. Mr. Dugdale now applying himself to the Prisoner, minded him, that upon Mr. Ireland's being last year in the Country, the Prisoner was used to send the S. Omers Letters to Mr. Ireland, and so they were dispatch'd down to my Lord Aston's. That the Witness had the sight of Eight of those Letters, by the token, that he pretended to Conjure in telling the Death of Mr. Edward Aston, before it was known to any of his Relations; which the Witness came to understand upon rea­ding two of these Letters. That Mr. Ireland took it ill that he heard it no sooner, and the Prisoner wrote him word of the sending these Let­ters.

Mr. Harcourt opposed, Harcourt charges Dug­dale with contradic­ting himself. that Mr. Dugdale, but five weeks since, owned before a Committee of Parliament, that he did not know him, and came also to the Gatehouse to entrap him, before the Gent. of the Committee; but he denieth that he hath written to him for several years, and the wri­ting of any such Letter as he mentions, or that he ever approved of put­ting any man to death: informing, that the Gent. for Experiment-sake, de­sired the Prisoner to write his own hand and name, and three of them also wrote their names, and he could not say which was the Prisoner's; who does not disown all this while that he hath often writ to Ewers, and ad­dress'd to Dugdale.

Mr. Chetwin was now sworn to speak to a discourse that past betwixt him and Mr. Dugdale the last Summer, M. Chetwin's Evidence concerning Sir Edmund­bury Godfry. what it was, and at what time; who gave this Evidence. That being in Staffordshire, in a Family which Mr. San­bridge (my Lord Aston's Kinsman) much frequented, the Gent. coming to him in October last, askt him if he heard any thing of a Westminster Iustice that was killed. The Witness told him, that he heard nothing of it. I was told (says Mr. Sanbridge,) by a Girl of the house this morning at Elds, that Mr. Dugdale had reported such a thing there. This was upon Tuesday morning, and the Saturday following the Witness received an account at Litchfield that Sir Edmundbury was murthered. Upon Mr. Dugdale's co­ming to Town, this Witness, with some others, went to him before his Examination, the Witness asking him what he could say about that Gen­tleman's death; who made answer, that he remembred a Letter from Fa­ther Harcourt to Father Ewers with these words in it, This Night Sir Ed­mundbury Godfry is dispatched. That this Witness being out of Town when the Murtherers were tried, upon his return to London, enquired [Page 28] if Dugdale was there; and finding that he was not, the Witness past this re­flection upon it, that there was lost a very material Witness.

Mr. Dugdale informs, Mr. Dugdale dealt with to kill the King. that Whitebread charged Ewers in his Letter to take none but stout desperate fellows, and that they were to kill the King; to take away the King's Life, in those very words, as the Witness remembreth. That these Letters were sent by the ordinary Post, and it being wondred at, that any man would venture such words in a Letter, the Witness made an­swer, that he was to have been an Actour, and that they directed their Letters to him; that if they were discovered, he should be hanged, and they come off. The Witness declaring, that he had been dealt with be­fore by the Lord Stafford and Mr. Ewers, to kill the King. Mr. Whitebread demanding of him, whether he intercepted and read them himself; and the Witness replying, that he did so: whereof Mr. Whitebread desired the Jury to take notice.

Mr. Dugdale was then examined concerning Mr. Turner and M. Fenwick; Mr. Dugdale privy to the whole De­sign. who informs, that he had seen Turner, Ewers and Leveson, with others, together at Mr. Ewers's Chamber at Tixall, and in other places, about two years since; and that he had heard them discourse, and agree upon the whole design; and that this Witness had heard from Ewers, that Turner was to manage the Plot in Worcestershire: but that for Fenwick, the Wit­ness cannot say that ever he saw him before. Turner, on the other side, did own that he had been 3 or 4 times in his whole Life at Tixall, but not so much as in Staffordshire for these four last years.

Mr. Prance sworn and examined: Mr. Prance told of a Plot upon the King's Life; and 50000 men ready to set up Popery. who informs that Harcourt told him about a year agoe, as he was paying him for an Image of our Lady, that there was a Plot upon the Life of the King. And that Mr. Ireland, Mr. Fen­wick and Mr. Grove, at Mr. Ireland's Chamber, were saying, that there would be 50000 men in readiness, to set up the Catholick Religion: and Mr. Fenwick told him, that my Lords Bellasis, Powis, and Arundel should command them: and that Grove afterwards told the Witness, the aforesaid Lords had Commissions to give places. The Witness deposeth farther, that asking Mr. Fenwick what would become of Trades-men, if we should come to have Wars; he bad the Witness never fear want of Trade, for there would be Church-work enough for Images, Crucifixes, and the like. That the Witness going to Mr. Fenwick's Chamber, after Father Iames (his Ghostly Father) was dead, Mr. Fenwick would have had the Witness come to Confession to him. (This was about a week before Michaelmas last.) Mr. Fenwick denying all, the Witness minded him of a Table for the Altar that was brought him at the same time.

Mr. Harcourt asking the Witness if ever he had discoursed with him about any such matter; Mr. Prance affirmed that he had, and that he paid the Witness for some Candlesticks, one Thompson being in his company. Har­court owning that he knew Thompson, and bought such Candlesticks of him.

Mr. Bedlow sworn: Mr. Bedlow's Reasons why he spar'd Whitebread in the First Trial. who informs the Court, that he declined the giving of full Evidence against Whitebread and Fenwick, for fear of disappointing a design he had then afoot, being at that time treating with Reading about Mr. Whitebread and Mr. Fenwick, as well as the Lords in the Tower; ap­pealing to some of the Justices upon the Bench for the truth thereof, and referring to his Apology at that time in the Court, for keeping himself up­on a Reserve. Mr. Whitebread asking him thereupon, if he said any such thing at the last Trial.

Mr. Bedlow chargeth it upon Mr. Whitebread, An account of sending the Irish-men to Windsor. that he gave Mr. Coleman an account of sending the four Irish-men to Windsor, and that he saw Har­court take out some 80 or 100 li. which mony he paid upon Coleman's Or­der, [Page 29] and gave the Messenger a Guinny from Mr. Coleman, to drink his Health, as Harcourt told this Witness, Coleman being gone before he came in.

Touching the Reward of Pickering and Grove; Pickering and Grove to be rewarded. that Grove was to have fifteen hundred pound, with an assurance of the good will of the Lords; and Pickering as many Masses, as at twelve pence a piece would amount to that summe: This allotment being made at Harcourt's Chamber, where the Witness heard it from Whitebread, Pritchard, Le Faire, and Keins. That the Reward was for killing the King. Pickering dis­ciplin'd for not having his Arms Fix'd. Pickering having been disciplin'd for his Neglects: one while the Flint's loose; then no Powder in the Pan; and another time laden onely with Bullets, and no Powder. That he had seen Fenwick at Harcourt's and Whitebread's Chambers, when the thing was discoursed of, and that they all agreed upon it.

That he saw Whitebread at Harcourt's Chamber onely twice; A Debate upon the odd 5000 li. to Sir George Wakeman. Harcourt himself was there once, and Pritchard and Le Faire, with others, at ano­ther time: where they discoursed of Sir George Wakeman's sticking at the 10000 li. and so made it up 15000 li. That the business of the Consult was, first to advise upon their manner of doing it; and then what after­course to take if they fail'd. Mr. Ireland propounding the taking off the King at his Morning-Walk at Newmarket; Fenwick, [...] and Conyers to be employed, and three or four more, as the Witness was inform'd.

That the Witness knew nothing of Turner but by hearsay. Nor of Gavan, more then that he had heard he was an Actour in the Plot.

As to Mr. Harcourt, that he was very well acquainted with the Witnesse's practice of bringing Pacquets and Portmantles Mr. Bedlow brought ma­ny Pacquets and Port­mantles of Intellingence to Harcourt. from beyond Sea, having brought over several for himself. Harcourt replied, that the Witness ne­ver brought him but one Pacquet, and never any Portmantle; and that he never saw him more then twice, before that time in the Court, and once before the Councill. Mr. Bedlow informed the Court, that he had got 8 to have proved this, but the putting off the Trials so from time to time, had disappointed him of his Witnesses. Proceeding, that he had brought the Prisoner Letters from Watton, S. Omers, Bruges, Paris, Valladolid, and Salamanca, Intelligence from S. O­mers, Bruges, Paris, Valla­dolid, Sala­manca. all of them concerning the Plot of changing the Religion of England, and overturning the Government; what Men and Moneys in readiness, both at home and abroad, and what more expected: The Con­tributions and Accounts mostly in Mr. Harcourt's hands, the Witness having carried several papers from Harcourt to Langhorne concerning this matter.

Mr. Whitebread now (with leave of the Court) ask'd if Mr. Bedlow was a Lieutenant in Flanders or not; and whether of Horse, or Foot. The Witness replied that he was a Lieutenant of Foot in the P. of Frieseland's Regiment. Upon which Mr. Whitebread replied, that the Flanders Com­panies had no such Officers, but onely Captains and Alfarez. So Mr. Bed­low sent for his Commission to clear it.

Mr. Harcourt pleaded, Mr. Harcourt denies all, and tells how Mr. Bedlow and he came acquainted. that some five years since Mr. Bedlow brought him a Pacquet from Dunkirk; and that upon the opening of it, the Pri­soner found the Letters enclosed addressed to other persons, to whom he sent them, the outside Cover being onely directed to him. This was the first time the Prisoner ever saw him; and the second was, when he came afterwards to his Chamber, lamenting his Condition, that he was newly turn'd Catholick, and had lost his Friends, when the Prisoner lent him 20 s. upon his promise of repaying it, but never saw him after, till lately at the Privy Councill. This was about four years since. Mr. Bedlow af­firmed, that he had ten pounds of the Prisoner for the sending for, but he could not properly produce his Witnesses before the Trial of the Lords; and that he might honestly speak a hundred times more of Mr. Harcourt.

[Page 30] The Witness saith farther, Mr. Harcourt in the bot­tom of the Plot. That the Consult which he carried to S. Omers he had from Mr. Coleman, to whom Mr. Harcourt went with him, and in that Consult was the Main of the Design; and that he was also presented by Mr. Harcourt to the Lord Arundell, who promised him great matters when the Times were come about. Harcourt interjecting, that he spake not one true word; Mr. Bedlow demanded of the Prisoner, if in August or Sep­tember last he was not in company with Le Faire, or Le Fevre. To which Mr. Harcourt said, he knew no Le Faire, but Le Fevre he did; and be­lieves that he saw him then, but never since. And the Witness went on, that Pritchard recommended him to him, as a person tri'd and trusty, and fit to be taken into the privacy of the Design; Pritchard declaring to the Witness in their presence, that the Death of the King was one part of it. And the Witness says farther, that going another time from Pritchard to Harcourt, he saw Harcourt give Sir George Wakeman a Bill of Exchange up­on some Citizen for 2000 li. Keins and Sir William Anderson being pre­sent: 2000 li. to Sir George Wakeman, in part of a greater sum. which Bill Sir George Wakeman read, folded up, and went and re­ceived the mony. And that Mr. Harcourt told Sir George Wakeman upon delivering the Bill, that That 2000 li. was in part of a greater summe. Sir George Wakeman replying upon it, that 15000 li. was but a small considera­tion for the [...] of Religion, and the saving of Three Kingdoms. Harcourt desired he might name the Citizen upon whom it was drawn; for it would then be found upon the Merchant's book. Fenwick urg'd, that it was not enough to averr that he saw a Bill of Exchange, if he cannot say from whom it came, and to whom it was directed. But the Court found that to be of little moment, Mr. Bedlow himself not being concerned in the Bill.

[Page 31] Mr. Harcourt being called upon to explain this Letter, Mr. Harcourt and Mr. Whitebread expound the Letter: But the Court not satisfied. informed the Court, that this Letter was written to one that had a Vote in the Meeting, which by the Order of the Society is to assemble once in Three years, and advise about their particular Affairs: that the chief business was about the Choice of a Procurator to be dispatch'd to Rome, wherein Secrecy was re­quisite, because it was dangerous to have it known. As to the Caution of not hastening before the time, or being too publick, for fear the Design should be suspected, wherein Secrecy was naturally necessary; Mr. White­bread expounded it, that the Design was the getting of a Congregation, which it was prudential to keep secret, as a thing not permitted in this Na­tion; declaring upon his Salvation, that there was no other Reason for the enjoyning of that Secrecy: offering farther, that it would be very hard to take away mens lives upon a word, that may as well bear one Construction as another: instancing in the usual way of speech, I have a design to dine here or there tomorrow, where the word design is properly enough made use of. It was returned upon them, that the word Design, with a Caution of Privacy, and the Business being matter of Secrecy in its own nature, must necessarily imply something of greater consequence then the Election of an Officer.

Mr. Gavan in Reply offer'd his Exposition, Mr. Gavan's Exposition of it. that the Jesuits in all places meeting once in 3 years for the Inspection of their Officers, and the Regu­lation of their Members, This was their time for their meeting here: ap­plying the word Design to the great Concernment of both Worlds, which was the subject matter of this Meeting: declaring, upon his Salvation, that though he was not at this Consult himself, yet he believed that which he had delivered was the true and onely Cause of their Meeting: adding here­unto, that it being in time of the Parliament Sitting, Secrecy was necessary, that they might not give offence; and that it concerned them not to be ta­ken notice of, when their Lives depended upon the Discovery. That the Design was the Design of a Congregation.

Dr. Oates objected, that though they justify the Consult now, yet when there was but one proof of it, they denied at first that there was any such Consult. At which Fenwick disown'd the Denial of it.

Mr. Bedlow declared, That whereas Mr. Gavan says, that their desire of Secrecy was out of a Respect to the Parliament, Papists bol­der in Parli­ament-time then out of it. he and others had been employed to bring more Jesuits into England in Parliament-time, then in any other; for that they were then in least danger. Dr. Oates adding, that they were more bold, and publick in the Lobbies and Court of Re­quests, in Sessions of Parliament, and not forbearing to threaten the Pro­testants.

Another Letter was now produced, and Sir Thomas Doleman called to speak to't; who declared, that he found it some two days after that which was read before, among Mr. Harcourt's papers; and that reflecting upon Dr. Oates's Information to the Councill, concerning Commissions given out, and some ambiguous passages in the Letter, he, the Witness, presen­ted it to the Councill with theis Quaere upon it: Enqu. What is meant by the word Patents?

It was signed Christopher Anderton, Hilton, Febr. 1. 1677/8. Oates repre­senting that by Hilton was meant Rome, which Harcourt acknowledged. The Letter it self was now read.

There arose a great difficulty upon the plurality of the word Patents. A dispute up­on the word Patents. Mr. Whitebread expounded it to be meant of his Patent for Provinciall; which being but one, would not have been called Patents. Which Mr. White­bread qualified by making it a Latinism, and called it Literae patentes. It was objected, that he being made Provincial Ianuary 14. and this bearing date Feb. 5. the word Patents could not be intended of his Commission. To which M. Whitebread answers, that possibly they did not know till then; and that it was not known what Exceptions might be exhibited against the per­son named: besides, that every Patent is called Literae patentes. Dr. Oates affirmed, that if a man be chosen to a place, he must execute it, upon pain of Damnation if he disobey his Superiour. To which Mr. Whitebread replied, that a hundred Instances might be given of Refusalls in the case; and that he would have refused it himself, if he had foreseen the Trouble of it; ap­pealing to Almighty God, as he was to answer at the last day, that he knew nothing at all of this business. Dr. Oates declared that the Patents spoken of in this Letter were sent, a great many of them, in April and May before.

The Prisoners being now called to their Defence, Dr. Oates's Witnesses were sent for, to be in readiness.

Mr. Whitebread beginning, Mr. White­bread's de­fence; with Reflections upon the Witnesse. that though he did not fear Death, he would be loth to die by Injustice: and that he hop'd that he should be allow'd the com­mon freedome of endeavouring to preserve himself; for that a man's Life might be taken away by Perjury, as well as by a Pistoll: so that he trusted that no man should be admitted as an Evidence against him, that was not probus Testis; offering that D. Oates was not such a man, and he craved leave to say that he was Perjured. He says that he did such and such things by Whitebread's appointment, was present with him April 24. and that the Prisoner acquain­ted Dr. Oates with the whole design: a thing so improbable, that whoever believes it must take the Prisoner for a Mad-man, to trust any body with such a concern at first sight; (for he confesseth that so it was;) and then to trust a man that had his Livelyhood from the Society, (for they maintain'd him,) that is to say, first the Prisoner's Predecessor, and then himself. Upon his Importunity to be entertain'd in the Society, the Prisoner perswaded him to withdraw, reflecting upon him as a person not answerable to the purpose he pretended to; and that for severall Reasons. First, for his Prin­ciples; for he held severall Opinions that were not sound. Secondly, his Life was loose, and therefore he was desired to retire. To which end, he had a suit of Cloaths given him, a Periwigg, and 4 li. in his Pocket, which [Page 33] he promised to repay upon the fale of his Library in London; but he ne­ver did. The Prisoner took notice of the just Wonder of the Court at wri­ting to Dugdale by the Post in so plain and dangerous terms; and the like in his discourse to Dr. Oates: but concluded in craving the Court's leave to produce Witnesses, that from the 10. of Decem. to the 23. of Iune fol­lowing Dr. Oates was at S. Omers, and lodg'd but one night out of the house.

It was observed upon Mr. Whitebread, as a strange thing, that they should still maintain a man that they had so ill an opinion of: but Mr. Whitebread denied the maintaining of him, affirming, that he was not sent over by them, as he said he was, and undertaking to prove it: allowing all this while that they had maintained him before; and distinguishing betwixt an office of Charity to a man of Letters, and in necessity, and a Confidence of Intrigue­ing with him in such a Case as this.

Mr. Fenwick then recommended it to the Court to consider, M. Fenwick's Defence. that Dr. Oates's Evidence from one end to the other was supported by the sight of such and such Letters from one person or another; and all the Testimony is, the sight of the Letters: as if Fenwick, that knew Dr. Oates was turn'd a­way from S. Omers for his Misdemeanors, should after that make him privy to all his Letters. The Prisoner desired the Court to take notice, that he had a thousand Letters taken from him, and not one Syllable either of Trea­son, or of solliciting people to come over, was charged upon him out of those Letters. Urging, that all the proof made was but saying and swea­ring; and defying any man to make out any probability to any unbyassed judgement, how this could possibly be. Here the Prisoners were min­ded, that there is no other Evidence to be given, then by saying and swea­ring. Fenwick pursued his discourse, declaring, that he did no more think of his being taken or accused, then of his death; and that he removed no­thing; and that besides Letters, there were seized in Bonds and Bills to the value of five or six thousand pounds; and it seems strange, that out of all this there should nothing of a design appear. For God's sake (said the Prisoner) where are the Commissions sign'd? and the moneys paid?

Mr. Hilsley being presented to the Court as a Witness on the behalf of the Prisoners, The Priso­ners beg that their Witnes­ses may be sworn. Mr. Whitebread begs that their Witnesses might be sworn: which though it would not be granted, because it was against the King; yet the Jury were directed to value the Testimony according to the credit of the Persons, and the Matter in question. Mr. Gavan offered that there was no positive Law; and the Lord Coke in his Institutes says, that there is not so much as Scintilla Iuris against it. But this being against constant Usage and Custome, it could not be granted.

Mr. Whitebread shews, Mr. White­bread char­ges Dr. Oates with falsify­ing. that in Mr. Ireland's Triall, pag. 35 and 36, Dr. Oates declares that he came from S. Omers with Sir Iohn Warner, Father Williams, and Mr. Hilsley: but it was answered, that printed Trialls are no Evidence; there may be Errata's in them. Then Mr. Fenwick asked Dr. Oates, if he did not acknowledge that he came over with Hilsley: Presses the business of Hilsley. and Dr. Oates told him, that to any question of that day, if the Court thought it reasonable, he would give an Answer. Fenwick insisted upon it, that Dr. Oates was forsworn in affirming he did; but not being convict, that could not be prest: so that Fenwick offered to prove his affirmation by Witnesses, that heard it; asking Dr. Oates again, if he came over with Hilsley. Dr. Oates clears the Objection. To which Dr. Oates made answer, that to put them out of their pain, as he said Then, so he said Now, that One Hilsley did come over with him. To which Hilsley answered, that he did not, for he left him at S. Omers. Dr. Oates acknowledged that Hilsley left him at S. Omers, but that he came away a day after him, and overtook him at Calais. Hilsley denied it, say­ing, [Page 34] there were a great many there that could prove the contrary. Dr. Oates informed the Court, that Hilsley lost his mony at Calais, and that he prevailed with Father Williams to relieve him. Hilsley confess'd the loss of his mony, but utterly denied that ever Dr. Oates and he were in a Ship together. Dr. Oates urged, that he might be Examined if he were not in Orders: but it was not thought reasonable to press him to accuse himself.

Hilsley offers Witnesses to make out that Dr. Oates was in S. Omers the day after Hilsley came out, Hilsley offers Proofs on the Prisoners be­half. and several weeks after. Dr. Oates swears that Hilsley left them upon the way, and did not come throughout with them to London. Hilsley says that he believes Dr. Oates was told of his losing his mony by one that was with him the second of May, and that there was one in Court who (he supposed) could speak to't.

Mr. William Parry offered then to swear, Mr. Parry crosses Dr. Oates's Te­stimony. that Dr. Oates was at S. O­mers upon that day when he affirms he came over, that is, that he was there upon the 25; that he stirr'd not from thence that day; that the Evi­dence din'd with him, and he went into the Infirmary, for he was sick; that he was at S. Omers till after the 20. of Iune, by the token that he was there at a Play upon the 20. day. Dr. Oates denied the business of the Infirmary, and offered to make appear to the Court, that Hilsley had been several years of the Sodality of the Iesuits; and that they dare not but say what their Superiours bid them.

As to the 20. of Iune, Dr. Oates averrs that he was at S. Omers at that Action, Dr. Oates sticks to his affirmation. but affirms that he was then come back again from London. Parry on the other side denied that Dr. Oates ever went out of the Colledge; for that he constantly din'd and supp'd with him, saving 3 or 4 days when he was in the Infirmary, where he entred April the 25. old stile. Dr. Oates advertised the Court of a Contradiction in the Prisoner's Evidence, upon the difference between old stile and new.

Mr. Parry affirms that Dr. Oates came to S. Omers in December, Mr. Parry for the Priso­ners. and went not out from the Colledge till the end of Iune, and that onely to Watton, for two days and a night; and that he is confident of what he says; for a Scholar never removes from thence to England, but 'tis the talk of the whole Colledge. And then (says Mr. Gavan) they goe away in Secular Garments, that no notice may be taken of their leaving the place. Dr. Oates admitted this as a general Rule, but that his case was a particu­lar Exception to that Rule; and that he resum'd the Habit of the House upon his coming back to London, and appear'd as one of it still, not know­ing that it was taken notice of that he had been out, having never shewed himself in the Colledge in a Lay-Habit. Mr. Whitebread followed it, that let his Cloaths be what they would, his place and seniority was the same, so that at Meals he was visible to the whole House.

There stood up for the Prisoners one Mr. Doddington, Mr. Dod­dington for Prisoners. (another Witness) that passed at S. Omers by the name of Hollis, betwixt 18 and 19 years of age, who gave this Account of Dr. Oates: That he entred the Colledge about a fortnight before Christmas, and betwixt that and Iune was never out, but one night at Watton. That he saw him at least every other day, and in particular the day after Hilsley departed, which was April 24. new stile; and falling sick, he went the next day into the Infirmary: affirming, that he saw him in the Garden, upon the 2. of May, with one Blood or Burnaby. This Witness came into England in April last, about two months since, in part upon the Proclamation for recalling such as were in Seminaries, and partly for want of Health.

Mr. Gifford was next Examined, Mr. Gifford for the Pris. who declared that he came from S. O­mers about a month before, and that the occasion of his coming was to ju­stify [Page 35] that Dr. Oates was at S. Omers when he said he was here. He affir­med, that he saw him May-day was twelvemonth and April 21. at S. Omers, and kept him company the whole week after. That he remembers the first of May, by the token that one Mr. Burnaby coming that day to the Col­ledge, Dr. Oates made an acquaintance with him, and this Witness saw them together; and at the Colledge-hour of Recreation, for a week at least, he came every day after dinner. That he was not in the Infirmary till the day after Hilsley was gone away, continuing there about three days; and from that time till Iune at least, Gifford solemnly averrs that he saw him at least every other day, for he never was out all that time, but one night at Watton, for his Relaxation. And he could not but be taken notice of: for though there were a matter of 150 that eat all in the same Room; yet he sitting at a Table apart, betwixt the Religious and the Youths, could not chuse but be taken notice of.

Mr. Palmer stood up next; Mr. Palmer for the Priso­ners. who inform'd, that he came from S. Omers 2 or 3 months since, and that he came because he car'd not for staying any longer: that his Father lives by Windsor: that he saw Mr. Oates on May­day, new stile, by the token that there were Strangers that day; and that the Witness saw him in the afternoon playing with the other Boys at Nine­pins. (They call all those Boys that are not of the Religious: And though he sate at a Table distinct, yet going to School, he was still reckon'd a­mong the Boys.) The Witness saw him the next day with Mr. Burnaby, and it was wondred at, his thrusting himself into his company, having ne­ver seen him before, as Mr. Burnaby said himself. That the Witness saw him also at the Action; and also with Mr. Killingbeck on the 5. of May, who was then departing; and likewise with Mr. Poole, at his going away. That the 11. day, at a Play, Dr. Oates would needs sit in the place of the Musick, and one Mr. Watson quarrelled with him. Seeing him also betwixt these times, and so from time to time, till Iune following.

Mr. Cox informed, Mr. Cox. that he came away from S. Omers in November after Dr. Oates: that he knew Dr. Oates very well, and saw him at S. Omers at the time when he affirms that he was in England; for he was often with Mr. Poole when he was sick, which Mr. Poole was the Witnesse's Musick-Master. That he went away in Iuly, and never stirr'd from S. Omers till he went quite away. That the Witness was there also till Dr. Oates went, which was after the Consult of the Jesuits, which he affirms to have been in April, and himself to have been at. The Witnesse's jumbling of the Months caused the people to laugh: and the Witness still persisted, that Dr. Oates was at S. Omers till the Jesuits Consult was over. He informed that he came thither, and was onely one night out of the House, at Wat­ton, all the time he was there. That he did not goe away with Mr. Hilsley, for a Gent. that was going that day for England, being loth to rise, Dr. Oates told a story of him how loth he was to leave his bed, which was the day after Hisley went away. The other Gent. went upon the 5. of May, and Mr. Poole and Mr. Nevil, who he says were with him in England, were neither of them absent at that time. That Dr. Oates was at S. Omers all May and Iune. The Witness being prest to name the month when D. Oates came away, he said he could not remember it.

Mr. Thomas Billing informed, M. Billing. that he came about 3 months since from S. Omers: that he knew Dr. Oates very well, and saw him at S. Omers the very day, or the day after that he came thither; (the 10. of December;) and that he continued there till toward the end of Iune, never out of the House but once at Watton in Christmas; this Witness being then in the Infirmary, and Dr. Oates came in, saying that he had been at Watton. That he had been twice in the Infirmary, and the second time was in April, where (as [Page 36] the Witness remembers) he was 3 or 4 days: that he saw him in the Col­ledge from December till about the end of Iune. That he was there all May, and could not be 8 days in England, as he says; for being entred into the Sodality March 25. he was appointed to read at six a clock every Sunday morning, and after he had begun, he read constantly in course till he went away: for he was never sick on a Sunday in April, but somewhat indisposed, so that he went to the Infirmary upon occasion for some 3 or 4 days, and once in 2 or 3 days the Witness constantly saw him. That upon the second of May he saw him with Mr. Blunt in the Garden, and also with one Mr. Rushton, by certain tokens.

Mr. Townley Mr. Townley. informed, that he knew Oates, and saw him in April, May, and Iune. Dr. Oates departed from S. Omers about the 10. of Iune: he believeth that he saw him every other day for all. April and all May: for sit­ting at a single Table, as he did, he might be easily mist.

Mr. Fall Mr. Fall. informed, that he came from S. Omers some 2 months agoe: that he saw Dr. Oates about Christmas was twelvemonth, and so from that time till Iune, save while he was at Watton. This Witness hath been in the Convent 2 years and a half.

Mr. Iohn Hall Mr. Hall. informeth, that he came from S. Omers in Iuly 1678. having been there above 7 years: that he saw Dr. Oates there in April, May, and till about the 23. of Iune; the Witness taking a more particular notice of him, by serving as a Butler, and laying the Table, and drawing Beer, and the like; serving Dr. Oates himself most days. That he came away for his health, beginning to be ill, at Christmas (77.) That he lives with his Father in Radnorshire, and came up to London upon a Summons as a Witness.

Mr. Cook Mr. Cook. informs, that he came from S. Omers last Ianuary, upon this occasion, and that he hath been ever since in Town. That he saw Dr. Oates there in Iune, and that he went away upon the 23; which he knows, being a Taylour, and having made him some Cloaths. That he saw him every day, and sometimes 20 times in a day. That he was there all April, and all May, and he came twice every week to the Witnesse's Shop for things. That the Witness liv'd in the Colledge, and remembers that Dr. Oates was at Watton onely one night in April, but he cannot say the very day; onely it was spoken of over the House.

Mr. Gavan Mr. Gavan presses Dr. Oates upon his Narra­tive. offers, that Dr. Oates says in his Narrative, he came over in company with Sir Iohn Warner and Sir Thomas Preston; and that to prove him perjured, clears the Prisoners. But being told, that they should have Indicted him, and made that out before, if any such thing were; Mr. Whitebread replied, that they were kept close Prisoners; pressing a­gain the business of his coming over with Sir Iohn Warner.

Dr. Oates, Dr. Oates clears him­self. to clear himself of all Contradictions, says, that he named some persons at one time, and some at another, as his memory served him; naming the Rectour of Liege, Sir Iohn Warner, Father Williams, Father Marsh, Father Warner, Sir Thomas Preston, &c.

One Bartlet a Dutchman, Bartlet for the Priso­ners. but speaking a little English, informed, that he came from S. Omers May 23. (78.) new stile: that Sir Iohn Warner was at Watton all April and May; and that he was there himself, and saw Sir Iohn there: that he had been some five or six weeks in England, and came over about the latter end of Iune. But Bartlet being minded that he said the 23. of May before, he excused himself, that he thought the que­stion had been ask'd concerning Dr. Oates's coming over, which he heard of beyond seas.

Mr. Tisser was then sworn to be a true Interpreter to one Carlier, Carlier by an Interpreter. a Wit­ness for the Prisoners that could not speak English.

[Page 37] Mr. Tisser informs, that Carlier came into England about seven or eight weeks since, and that he was for the last two years in Watton: that he was the last Sunday in April, and all May, at his house there, the Witness ha­ving been his Gardener.

Then Mr. Tisser stood Interpreter for another Witness, Charles Verron, Sir Iohn Warner pro­ved at Wat­ton by Charles Ver­ron. who speaks no English. Verron says, that Sir Iohn Warner was at Watton all April and May was twelve-month, and so till September: and the Witness affirms it, for he passes with a Vessel between S. Omers and Watton, and for the most part sees Sir Iohn every day: and that the Witness is of the Roman Religion.

Bailleé And by Bailleé. (a servant to Sir Iohn Warner) informs also, that Sir Iohn was all April and May was twelve-month at Watton: and that he being a Ma­son, Sir Iohn gave him Directions about a Building, and look'd after the doing of it himself.

Iohn Ioseph informs, that he knows Sir Thomas Preston, Sir Thomas Preston pro­ved at Liege by Iohn Io­seph. and that he saw him almost every day in April, May, and Iune, or however, 2 or 3 days in a week. That the Witness was Porter of the Gate to the English House at Liege, where Sir Thomas Preston was in the months of April, May, and Iune. But that Sir Thomas Preston was away in the time of Vacancy, which is in August.

Peter Carpentier And by Peter Carpentier. informs, that being Caterer at Liege, he knew Sir Tho­mas Preston very well, and saw him there every day, all April, and May.

Mr. Gavan told the Court, Mr. Gavan's different Case; and not at Lon­don when charg'd to be. that he had no more Witnesses to this point: and then offered the difference of his Case from the rest; and that Dr. Oates did not charge him as sitting in the Consult, but as seeing his Hand to it afterwards: representing, that onely a profest Iesuit has a Right of sitting there, (which as then he was not.) The Prisoner insists upon a Witness that he has, to prove, that at that time he was at Wolverhampton in Staf­fordshire. Being told that it was his Hand to the Consult, not his being present at it, that was charg'd upon him: Gavan replied, that he could not sign it at London, unless he were at London; and so he offered to prove himself at Wolverhampton the four and the five and twentieth of April. But Dr. Oates swearing that it was in Iune, or Iuly, that he saw Mr. Gavan's hand to the Consult, it was considered, that it might be sign'd at any time during that Intervall; and so the proving Mr. Gavan at Wol­verhampton the four or five and twentieth of April would doe him no good: but however his Witness was called.

Catharine Winford inform'd, that for the greatest part of the Summer, Mr. Gavan sojourn'd in her house at Wolverhampton in Staffordshire, Mr. Gavan prov'd in Staffordshire by Mrs. Win­ford. in Iune, and so to the 23. of Iuly, when he went to another Lodging in the Town, more convenient for his turn. The Witness said, that he was never from thence in all that time, and that he sojourn'd longer with her, but she onely speaks to the Months in question. That after he went, she seldom failed a day of seeing him: and that she was a Roman Catholick.

Mary Poole And by Ma­ry Poole. informed, that she had known Mr. Gavan 6 or 7 years, and that being a Servant to Mrs. Winford at Wolverhampton, she saw Mr. Gavan at this time twelvemonth at her Mistresse's; and that he was there in April; and that she believes he was there in May, for she does not remember his going away till the end of Iuly; and he was there also in Iune. It was asked her why she stuck more at May then the other Months: and her Answer was, that any body might mistake. She own'd her self likewise to be a Roman Catholick.

Mrs. Winford And by Mrs. Winford a­gain, more particularly. was further examined, what Circumstances she could call to mind at the time when he went from her. To which she answered, [Page 38] That not knowing what she should be examined upon, she could not well recollect her self; but that he went often abroad to my Lord Aston's: that she knew not how long he stay'd there, but that she was confident that he did not goe to London, for he had no Linen with him then, as he had when he used to goe a Journey. Dr. Oates suggested to the Court, that he took a Chamber to goe into the Exercise, and that under that pretence he might slip to London and no body the nearer, because upon that occasi­on they are close shut up. To which Mrs. Winford answered, that she knew nothing of it, but upon any urgent business people are then admitted to see them; and that she her self could speak it upon her own know­ledge, and that about the end of Iuly she went often to him after he had left her Lodgings. That the former part of Iuly he was in the Witnesse's house, from whence he went upon the 23. That he was not shut up in the Witnesse's house, and that the last Eight days she was allowed to come to him: not but that he was shut up, but still upon business, either of bringing any thing, or speaking with him, there was admittance to him. Touching the point of his having time enough to be at London, and back again, while she did not see him; the Witness declared that she thought he had not; but that she was confident that he did not go. But it was observed upon her, that she had said, peradventure he might be away 5 or 6 days; but she still persisted, that she was confident he had not been at London in the Interim.

Mr. Gavan then prest the Court for liberty of speech, and urged it, that Dr. Oates charged him directly to have been in Town in Iuly, and that he met the Prisoner with Mr. Ashby, Mr. Gavan contradicts Dr. Oates's Evidence, as to his speak­ing with Mr. Ashby. who was then in Town; so that the Pri­soner's being in Town must be betwixt Mr. Ashby's coming to Town, and his going out again; which he computed to be a fortnight's time. The Prisoner reasoning the point, in such sort, that if he could make it out that he was in Staffordshire from the 15. or 16. of Iuly to the end of the month, he had then acquitted himself. Dr. Oates makes it to be either the Begin­ning or Middle of Iuly that Mr. Ashby came to Town, but does not swear which; onely he rather inclines to think it was the Middle: and while Mr. Ashby was here, Mr. Gavan came up, and told the Witness that he would go visit Mr. Ashby.

Mr. Gavan having given Evidence where he was at the end of Iuly, was now called upon to prove where he was at the beginning of the month. Mr. Gavan proves what he could; and swears himself Innocent as to the rest. But he told the Court that his Witnesses were not here; and then ad­dressed himself to the Court to this effect: That being Innocent, it was not possible for him to imagine upon what point they would accuse him; but yet he cast his thoughts every way, to see where he was most liable, and what he had ever done that might yield the most plausible pretence for a Charge: and that finding nothing so colourable as his being engaged at that April Consult, the Prisoner had provided himself at his own Expence with Witnesses to clear that matter. And now having discharged himself, by the use of all prudential means for his Clearing, and having done it ef­fectually as to the 24. of April, upon which the main pretension of a Con­spiracy was founded; he cast himself with all submission upon the Honour and Justice of the Court, offering proofs that he was not in London in Au­gust; protesting solemnly, and upon his Salvation, that he was not in London; and imprecating upon himself most Exemplary Judgments from Almighty God, if he were not Innocent.

After this, he offered himself to the Court to pass the Ordeal, He offers himself to the Ordeal. as a Test of his Innocence, which in Capital Cases was in practice for a thousand years together, where there was onely the Oath of the Accuser against the denial of the Accused. But this Custome being now out, and the [Page 39] proposal favouring of a popular Artifice, it was not allowed him.

Here Six Witnesses more are produced for him. Six Witnesses produc'd for him.

The first Witness saw him every day the last Week of Iuly.

The second witness saw him the last Fortnight in Staffordshire, as he be­lieves, but cannot positively averr it.

The third Witness, living in the same Town; could not say that he was out of it all Iuly; but the last Week he was in the Witnesse's house.

The fourth Witness spake onely to the last Week too.

Mr. Whitebread offered in his defence, that Dr. Oates failing in his Testi­mony against Ireland, was not probus Testis, Mr. White­bread will not allow Dr. Oates to be probus Testis. but improbus, and so an in­competent Witness, and not to be credited in one Case, after being con­vict of Perjury in another; recommending to the Jury, to take notice of it, that he fled from his former Testimony. Where the Prisoner was ad­monished, that he was gone from the present question: and that there was no Conviction of Perjury without a Record; and to prove it, that Record must be produc'd too.

Mr. Harcourt Mr. Harcourt reflects upon the Credit of the Witnes­ses. pressed it, that Mr. Bedlow, Mr. Prance, Dr. Oates, and Mr. Dugdale, were men of desperate Fortunes, and Flagitious persons, and that False swearing was their Livelihood; and that these were the men by whom he was charg'd. And then again, if the Evidence on his side should be rejected because they were Roman Catholicks, it would be a very hard case in his own particular; and destructive also of common Commerce with other Countries: and it would be vain to call Witnesses, if a Roman Catholick should not be taken as a good Evidence.

Mr. Harcourt was here inform'd of his mistake, for Roman Catholicks Roman Cat­holicks good Evidence. were allowed to be Witnesses, and none refused upon this Triall.

Mr. Harcourt Mr. Harcourt charges Dr. Oates with Contradicti­ons in his E­vidence. said farther, that Dr. Oates charged him one while with paying the 80 li. for the Ruffians at his Chamber, and another while at Wild House; and that he had Witnesses to that point. Dr. Oates lays it, that Mr. Ireland was by too, whereas the Witnesses were now in Court that would prove him to have been all August in Staffordshire; produ­cing it in the printed Trialls. But the Print being no Record, and what Dr. Oates said before not being the point now in issue, that Suggestion could not avail the Prisoner. Dr. Oates denying also that ever he said that Ireland and Harcourt were together at the paiment of the 80 li. to the Villains, and affirming that they were not together.

Mr. Gavan And so does Mr. Gavan. acknowledged that the proof of his not being in Town was rather a Negative, then a Positive Evidence: but however, as to Dr. Oates's Testimony, he charg'd the borrowing of 20 s. of Mr. Ireland upon Sep­tember 2. at which time Mr. Ireland was at Boscobell. But Dr. Oates deni­ed the speaking precisely to the day, and would not be positive whether first, second, or any certain day; but that, as he remembred, it was the second.

The Prisoner then produc'd Pendrell and Gifford, and their Wives.

Mr. Gifford gave Evidence, Mr. Gifford gives Evi­dence against Dr. Oates. that being last Sessions in Court to prove that he saw Mr. Ireland upon the 24. and 25. days of Aug. in Staffordshire, (the day that Dr. Oates affirmed he saw him in London,) Dr. Oates being at a loss upon the particulars, affirmed at last, that he had 20 s. of Ireland, in Mr. Harcourt's Chamber, on the first or second of September, about the Fast day. Dr. Oates said here, that he spake to the best of his memory; and Mr. Gifford went on, saying, that he saw him there some other of those days; but that there were divers then in Court that were every day in his company. But they were now upon the wrong Trial again.

Dr. Oates informed, Dr. Oates speaks to some mis­takes. that it was not Ireland, but Harcourt, that he char­ged with being at Wild House, where Coleman met him; and that most of [Page 40] the Money was there, and carried back to Harcourt's Chamber, where it was delivered to the man that carried it to Windsor; Coleman leaving a Guinny for the Messenger, but he himself going away before. Dr. Oates farther delivered, that Mr. Fenwick took leave of Mr. Ireland, as going to S. Omers, betwixt August 8. and 12: but whether they met about the Plot or no, or what they said, he does not remember the particulars. To the Question, whether Fenwick had any communication with Ireland in August for the furtherance of the Plot, Dr. Oates gave Evidence that he had.

The Lady Southcott was now produced, with her Son, and her Daugh­ter. The Lady Southcott informing, that she saw Mr. Ireland Eleven Wit­nesses to prove Mr. Ireland in Staffordshire. every day from the 5. of August to the 16. wherein she was positively certain▪

Sir Iohn Southcott was then called, and inform'd, that he knew Mr. Ire­land's face, and that he travelled with him from the 5. of August to the 9. and saw him severall days afterward, in the whole, at least 12 days.

Mr. Edward Southcott then inform'd, that he was in company with Mr. Ireland, from the 4. to the 16. but that he was not at his Triall.

Mrs. Harwell informed, that she saw Mr. Ireland on August 17, when he came to her house at Wolverhampton, and lodged there every night till the six and twentieth.

Young Mrs. Harwell informed the same, from the 17. to the 26. saving that on S. Bartholmew's Eve he went to Litchfield, and came back again, upon which day she did not see him.

Mr. Gavan here offered Evidence of a Prisoner in Newgate to the same point, desiring to be instructed, whether a man charg'd with, but not con­vict of the same Crime, might not be a good Evidence. But he had no encouragement to make use of him.

Elizabeth Keeling inform'd, that she saw Mr. Ireland at Wolverhampton, from the 17. of August to the 19. when she went out of Town; and co­ming back on Thursday, found him there, where he continued till the 26.

Mr. Pendrell then informed, that he saw Mr. Ireland, Septemb. 2. and 3. at Boscobell; which he knew by his Wife's book, where she set down the day for his diet, he being with him for his Meals. That the Witnesse kept the Royall Oak there: that the Gentleman called himself Ireland, and so did others: that he knew him no otherwise, and that he did not see him in August.

Mrs. Pendrell inform'd, that she knew Mr. Ireland onely by report: that she saw him at Boscobell in August or September according to the que­stion, and never before that time: that she knows it was he that suffered, for she was in Town when he died.

Mrs. Gifford informed, that Mr. Ireland was at Wolverhampton from the 17. of August to the 26. and that she also saw him Sept. 2. 7. 10. and 11. and that her Brother told her it was the same man that was executed. Mr. Gifford then in Court declaring, that he saw him in Staffordshire, and he saw him die.

Another Mrs. Gifford informeth, that she saw Mr. Ireland at Pancrass fair in Staffordshire; that she did not see him suffer; but her Sister shew'd him to her at a Window, saying, That's Mr. Ireland: that she saw him Try'd, and found him to be the same man: and that it was Sept. 7. that her Sister told her of him.

Mr. Beadle informeth, that he saw Mr. Ireland Sept. 2. at Millage in Staffordshire, and that they said it was Mr. Ireland the Jesuite: that he never saw him before, and onely supposes him to be the man that suffered: owning himself (upon the question) to be a Roman Catholick.

Mr. Turner Mr. Turner denies his Charge. represented, that he stood charged with being at Tixall (where he had not been in four years) at a Consult in September, and de­manded [Page 41] who saw him there: and it was answered, that there was one­ly Mr. Dugdale to witness that.

Mr. Fen­wick produced Captain Hill against Mr. Bedlow; Capt. Hill produc'd: and Mr. Fenwick objects ill things done by Mr. Bedlow. and offered to prove by a Clark of Sir Iames Boteler's, that he couzen'd a Cuttler of a Silver-hilted sword. But the Clark being called, and not present, nothing was done about it; Mr. Fenwick still reproaching him with several Cheats. His Pardon being objected; the Prisoner replied, that a Pardon did not make a good Witness, and pretended to prove something since his Par­don.

Mr. White­bread char­ges Mr. Bed­low with giving Evidence against him This Trial, Mr. Whitebread charges Mr. Bedlow with a false Oath. in contradiction to his Declaration that he had nothing to say against him the Last; insisting upon it, that the Reason now suggested of his forbearance, was no way intimated at that Trial; and that not swea­ring the whole truth, he had broken his Oath, and is perjur'd. This Objection was left to the Jury. And then Captain Hill inform'd onely of Mr. Bedlow's Condition in the Marshalsea; which was found to be of no moment to the matter in question.

The King's Councell having summ'd up the whole proceedings, thus far, into a brief Deduction and Narrative, and so laying it before the Jury, the King's Witnesses were called. The King's Witnesses call'd.

Sarah Paine was sworn, Sarah Paine swears Mr. Ireland in Town. and informed, That passing in Russell-street she saw Mr. Ireland at his own door there, no body with him; that she knew him very well, and then saw his Face, and made him a Curtesy: which was about a week after the King went to Windsor, the King going thither about the twelfth or thirteenth of August; the Witness saw Ire­land about the twentieth. She had lived with Mr. Grove, where Mr. Ireland came often; and she had carried divers Letters to him.

William Walker was sworn, Will. Walker swears Dr. Oates in Town. and informed, That he had known Titus Oates a long time, but for above five years he had not seen him; onely some two years since, that he met him in Newgate-Market; and after that, in March (78) or the beginning of April, he saw him in a gray Serge Coat, and (as he remembers) a gray Hat, not knowing him, till it came in his head as he was in bed, that this was Titus Oates: so that he went next morning to enquire of him at a place where he had seen him a year before; and the Woman of the house cry'd out that he was an un­done man, for he was gone over to the Church of Rome, and that she knew not where he was. The Witness telling the Woman, that he saw him the day before, about nine or ten in the morning, at the end of S. Martins Lane near Leicester House. He informed, that this was some time betwixt the latter end of March, and the middle of April, and that he saw him onely there, and that he look'd as if he were afraid. That he had seen him in his Habit a matter of a year before, and not before that, of five years. Which was observ'd as a Contradiction to the S. Omer Eviden­ces, who would have him beyond Seas all March, April, and May.

Sarah Ives was then sworn, And so does Sarah Ives. and confirmed Mr. Walker's coming to her shop, and saying as aforesaid. This was April was twelvemonth, and about the Middle of the month, as she thought.

Mrs. Mayo was sworn, And Mrs. Mayo. who informed, that a week before Whitsuntide, and in the month of May, a Servant of Sir Richard Barker's told the Wit­ness, There's Dr. Oates, he has turn'd his Black coat into a White one: Dr. Oates being then in the Court-yard, and the Witness in the Kitchin. [Page 42] The Witness then asked what he was: and he answered, he had been a Minister, but he was now either a Quaker, or a Catholick. The Witness replying, that he was no Quaker, for he wore a Perriwigg: when he jearing at him, the Witness reprov'd him for it, being a friend of Sir Ri­chard Barker's. That Dr. Oates came about a week after, and another came with him, and they walk'd into the Garden. That the Ladies of the house being shy of them, hearing he was turn'd Iesuite, Dr. Oates, seemed discontented, that he had not so much Respect now in the house as formerly. That Dr. Oates afterwards going into the Garden, Sir Ri­chard's Servant told the Witness that Oates was there again, and had brought one with him: Prithee look, (says he) does he not look like a Ie­suite? But the Witness hearing that he came over about the Plot, went to him, and excused the Family's Coldness to him, when they thought he was a Papist: Swearing also that Dr. Oates, the Witness in Court, was the person she saw there.

Philip Page And Philip Page. was sworn, and informed, that he had known Dr. Oates four or five years; that he saw him at Sir Richard Barker's about the be­ginning of May last 1678; that he spake with him then; he was in a light-colour'd Campagne Coat: that he went into the house, and then away again, as soon as he had enquired for Sir Richard. The Witness re­members the time, for Sir Richard at his house at Islington had a Patient then that was ill of a Fever. (Sir Richard Barker inform'd the Court, that it was Mr. Milver's Daughter.) The Witness being positive that it was about that time, and that he spake with him; by the token that he had an old flapping black Hat on, and Spanish-leather Shoes.

Sir Richard Barker Sir Richard Barker heard Dr. Oates was in Town. was sworn, and informed, that about the time given in Evidence, returning out of the Country, he was told that Dr. Oates had been at his house in a Disguise, as if he were either a Quaker, or a Papist: nay, that they told the Witness of two Disguises, the one in short Hair, the other in a long Perriwigg: and that his Coachman, then in Court, told him of it first. That the Witness falling sick in that Inte­rim, Dr. Oates was gone; but came to his house after his Recovery, to ask for Dr. Tongue, about the latter end of Iune, or beginning of Iuly. That the Witness had known him from a Child, and saw him the last Sum­mer, but not till Iune; and that in Iune (as he remembred) he did see him: but that his Servants had seen him, as they themselves told him, in May, before Whitsuntide.

One Butler was sworn, and informed, that he had three years know­ledge of Dr. Oates; and that he saw him at his Master's house in Barbi­can, Butler saw Dr. Oates in Barbican. about the beginning of May last was twelvemonth. That the Witness, being Sir Richard Barker's Coachman, was cleaning his Coach, and Dr. Oates came in, and enquired for Dr. Tongue. The Witness telling him that he was not within; he seem'd much discontented, but yet went into the house, and presently out again, and away. He was in gray cloaths like a Shepherd, and his Hair cropt to his ears; but yet the Wit­ness knew him so soon as he saw him. That the Witness saw him some six weeks after, in a long black Coat and Perriwigg. That he was sure it was Dr. Oates, and that he told his Master of it soon after.

Mr. Smith was sworn, and informed, that he knew Dr. Oates, (being Usher of Merchant-Taylors School, and Dr. Oates his Scholar there.) That he saw him at dinner at his own house in Islington, Mr. Smith, at Islington. at the beginning [Page 43] of May 1678, the first Monday in May, as he remembred: swearing this positively, and that he was with him three or four hours after dinner, in coloured Ribbands, and a green Knot upon his shoulder. That their discourse was about his Travells, and nothing at all about the Times. That he knew he had chang'd his Religion; and that he saw him not in two months after.

Mr. Clay was sworn, Mr. Clay saw him at Mr. Charles How­ard's. and informed, that the first knowledge he had of Dr. Oates was about April last was twelvemonth, at Mr. Charles Howard's, in a corner of Old Arundel House, where he met him by chance upon a Visit to Mr. Howard, as an acquaintance and friend: and that he saw him there the second time in May also; but the day he could not say; nor whether he saw him afterwards or not: but that Dr. Oates in Court was the person he saw there. Dr. Oates offering to the court, that Mr. Clay was a Priest in Orders: but that question was not put to him; onely he own'd himself to be a Papist.

Mr. Whitebread's Mr. White­bread presses Dr. Oates's several Con­tradictions. plea was, that urging Dr. Oates at the last Triall, to name any one that he had seen in Town, he could not name any bo­dy. And so likewise afterwards, at the Committee, he told that the Prisoner lay privately at Grove's; and the Prisoner can prove that he ne­ver lay there at all: and then he was positive, that he stay'd here but six days, and saw little company. Now the Evidence affirms, that at the end of March, or the middle of April, he saw him here: and yet Dr. Oates himself declares, that he passed the Sea with Hilsley, the twenty fourth of April. If he landed in England the seventeenth of April, as is said, and continued here a good part of May, how can this stand with his being in England but six days? The Prisoners were answered, that the precise day was not so punctually sworn to: so that Dr. Oates might be seen here the latter end of April, and the beginning of May, and yet his Testimony stand good.

Mr. Gavan offered to the Court, Mr. Gavan summs up his whole de­fence: insis­ting upon the Incompeten­cy of the E­vidence a­gainst him; the Impro­bability of things; and their Disa­greements among themselves. that the Evidence against them spake onely to one or two particular days; one to his Dining with him, and another to his Disguise: and that in the very Evidence there was a mani­fest Contradiction; for he could not come over with Hilsley, as he said he did, and appear here in May, and all this within six days. That it might be farther considered also, the disproportion in the Number of the Wit­nesses; sixteen for the Prisoners, and such as conversed with Dr. Oates every day. Or allowing that a less Number for the King should weigh down a greater Number on the part of the Prisoners, the Exception to his Evidence about the Rectour of Liege, Sir Iohn Warner, and Sir Tho­mas Preston, remains yet untouch'd. Or supposing a Mistake in what concerns Dr. Oate's being at S. Omers, there are yet six that prove he has sworn false. And the Prisoner humbly represented, that no body ought to be condemned but upon two sufficient Witnesses. And after all, that Mr. Ireland was prov'd to have been out of London, from August 3. to September 14▪ by at least 16 Staffordshire Witnesses. Which two points remain without Answer: for Dr. Oates says that he was with him here August 12. when they agree that he was in Staffordshire. As to the Maid, she onely says that she saw him, without speaking to him. The Prisoner here appealing to the Honour and Conscience of the Court, how far to believe a Witness that hath even in one point falsify'd. And then there is Sir Iohn Southcott, and his Family, that give an account of Mr. Ireland in the Country from August 5. to the 19. (which was after the precise day that the Maid speaks of in London. There are seven or eight of [Page 44] them that agree upon the seeing of him from the first day to the last.

And whereas it is objected in the business of Iuly, that the Prisoner's Witnes­ses speak positively onely to the last week; the Prisoner offers, that they rather incline to think him there the other weeks also then not; and that being shut up in the Last, they took a more particular notice of him.

He minded the Court also of the Evidence of Mr. Ashby's coming to Town about Mid-Iuly, and of the Prisoner's coming likewise within the fortnight which Mr. Ashby staid; and of the Prisoner's saying he would wait upon Father Ashby; where the discourse past that he speaks of: ad­ding, that he is neither prov'd to have been at the Great Consult, nor Ca­pable of it; appealing to Mr. Harcourt and the rest, whether he were there or not, and upon the word of a dying man denying it.

As to the Prisoner's name being to it, (which is laid in Iuly) he proves himself in Staffordshire the last Week of that Month, and has Evi­dences of being there till the 14. and the last Week; which he hoped would be considered.

He mov'd farther, whether standing accused by one Witness, about one Fact in London, and by another, concerning another Fact in Stafford­shire, these two Witnesses are to be reckoned good in Law. But this being already resolved in Sir Henry Vane's Case, where severall Wit­nesses prov'd severall Facts in severall Countries, and yet all overt Acts of one and the same Treason; Mr. Gavan suggested, that Serjeant Rolls was of another Opinion.

Mr. Gavan's second Plea was grounded upon the Circumstances of Cre­dible Witnesses, and of Clear Evidence; but that in his Case there was neither the one, nor the other; and therefore that he ought not to be con­victed by such a Witness, and upon such an Evidence. Wherein the Court informed him, that they were Lawfull Witnesses, because not con­vict of any crime to destroy their Testimony: and for the Credibility of them, that was left to the Iury. Whereupon the Prisoner addressed him­self to the Iury to this following effect.

That his Life was in their hands: His application to the Iury. That he was not at the Consult, nor of age to be there: That to the making of a Credible Witness, there must be Integrity of Life, and Truth of Testimony: He urges the Insufficiency of D. Oates's Testimony. That Dr. Oates was turned out of S. Omers as a Person of ill Moralls: That in Sir Iohn War­ner's, Sir Thomas Preston's, and the business of Mr. Ireland's being here August 12. he is unanswerably disporv'd: And that though he be not convicted of Perjury, he might have been; so that there was enough before them to shake his Testimony. And then in Mr. Ireland's business, betwixt August 8. and 12. how many Proofs of his being in Staffordshire, to one Woman that says 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, Denies any Conspiracy with 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.

[Page 45] That he (Mr. Gavan) had been twenty weeks a Prisoner, without the means of sending for Witnesses. Concluding with an Asseveration of his Innocence, Makes pro­testa­tion 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. Mr. Fenwick arraigns Dr. Oates's Evi­dence. 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, Thousands of Letters seiz'd, and no Treason in them: nor One Com­mission found in all their Sear­ches. 'tis 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, Mr. White­bread offers to the Iury how he should dare to strike Dr. Oates, if he had his Life at his mercy. 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, Mr. Turner excepted to Dr. Oates's 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.

[Page 46] The Jury were then sent out to consider of their Verdict; All the Priso­ners found guilty. 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.

UPON Iune 14. 1679. Mr. Richard Langhorn was brought to his Trial Mr. Lang­horn 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: Mr. Dugdale swears to the General Plot. 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. An Army to be set afoot upon the Killing of 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, Some thoughts of 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, A Letter con­cerning Sir Edmundbury Godfry's murther. 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, Mr. Prance swears to the General Plot. 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, An Army of 50000 to be set on foot upon the kil­ling of the King. as Fenwick, Ireland, and Grove said in the Witnesse's hearing, being all toge­ther. That this Army was to set up the Romish Religion, and all the Prote­stants to be destroyed: the Lords Arundell and Powis to command these Forces. And he says, that one Harcourt (twice, at his Chamber in Dukes­street) told him, that there were several to kill His Majesty. This was in the hearing of one Mr. Thompson: and M. Fenwick told the Witness, that M. Lang­horn was deeply concerned in't; and that was all the Witness knew.

Dr. Oates was then sworn, Dr. Oates sworn. and this is the summe of his Evidence. That returning out of Spain into England in November 1677, he brought Mr. [Page 48] Langhorn His acquain­tance and communica­tion with M. Langhorn. Letters from two Sons that he had in Spain, in English Colledges; the one at Madrid, the other at Valladolid. He delivered the Letters with­in a day or two after his arrivall, to Mr. Langhorn, at his Chamber in the Middle Temple; who treated the Witness very respectfully: and upon tel­ling him that the Witness thought his Sons would enter themselves into the Society, Mr. Langhorn (standing that way affected himself) was very glad of it; for matters would not hold long in England as they were, (he said) and that if they kept themselves in the world, they might quickly come to great preferment in England.

The Witness was once more with Mr. Langhorn His second Meeting with Mr. Langhorn. before his coming to S. Omers, (which was in November old stile, December new,) when he gave him a Pacquet of Letters to carry with him. In this Pacquet was a Letter of Thanks to the Fathers at S. Omers, for their kindness to his Sons in their journey for Spain; and promising the repayment of twenty pound which they had furnished his Sons with upon their passage. This Letter was sub­scribed Richard Langhorn, and it made mention of one written to Father Le Chaise, in order to our Concerns. (These were the very words.) Now the Letter to Le Chaise this Witness did not see, but onely the other that took notice of it: and he said, that Mr. Coleman having written to him at large, he should not trouble his Reverence with many words at that time.

The Witness remembers also another Letter, Dr. Oates charges Mr. Langhorn with dan­gerous Words. either in March, or April, (he could not say which) wherein Mr. Langhorn (among divers ill passages) expressed a wonderfull Zeal for the Catholick Design; and saying that the Parliament began to cool in the business of the Protestant Religion; and that now was the time to give the Blow: That was the word ( the Blow;) but the Letter was too large to give a particular account of.

Dr. Oates minded the Court of the Consult here in April. The Witness and divers others came from S. Omers, and other parts, to that Consult. Mr. Langhorn himself was not at it; but the Witness was ordered by the Pro­vinciall to tell Mr. Langhorn from time to time what passed there: and upon the report the Witness made him to their proceedings, Mr. Langhorn, with his hands and eyes up to Heaven, prayed God to prosper them. Mr. Lang­horn's prayer for the suc­cess of the Design.

The summe of the Witnesse's Report to Mr. Langhorn was this, Dr. Oates'S report to Mr. Langhorn. That Cary was to go Procurator to Rome: That they had concluded upon the Death of the King: that Pickering and Grove were to attempt the King's person; 1500 li. to Grove, and 30000 Masses to Pickering, to be the Reward. He told him also, that they had all signed the Agreement. And this past a day or two after the signing of it.

The Witness swears that there were at that time divers Parchments lying upon Mr. Langhorn's Study-Table, He swears Commissions lying upon Mr. Lang­horn's Study-Table, six, or eight. which he found to be Commissions for the 1 s. Arundell of Wardour, Powis, Bellasis, and Petre; to be Chancellour, Treasurer, General, Lieutenant-General. That there was one for Coleman to be Secretary of State, and another for Mr. Langhorn to be Advocate of the Army. They were Authoriz'd by a Brief from the Pope, directed to the General of the Society; with the Jesuits Cross upon them, and signed, Iohannes Paulus de Oliva.

The Witness being demanded, if they lay Open; he told the Court, that they lay upon a Corner of a Desk folded up, Commissions upon a corner of Mr. Lang­horn's Desk, folded up. and that he came to take notice of them, by having information from one Father Anderton, that these Patents (as he call'd them) were come; whereupon the Witness spake of them to Mr. Langhorn, Mr. Lang­horn shew'd the Witness the Commis­sions. and upon his desire, he let the Witnesse have the sight of them; who remembers that there was One more, for a Son of the Lord Arun­dell, and something for the Lord Stafford too, concerning the Army. The Witness saw severall of these Commissions, and the greater part of them in Mr. Langhorn's Study; but he could not say all. The Prisoner told the Witness, that for Inferiour Officers and all, there were about 50; but a matter of 6 or 8 were all that the Witness saw.

[Page 49] Dr. Oates Swears, that in April and May he saw the Answer to seve­ral of Mr. Langhorn's Letters to La Chaise; La Chaise's Letters in Answer to Laghorne shew'd to this Wit­ness. and that the Fathers de­siring to have the Originals, Mr. Langhorne delivered them to this Wit­ness, who carried them to the Fathers. They came from the Fathers, La Chaise, (Confessor to the French King) and Anderton, (Rector of the Colledge at Rome.) The Witness saw them in Mr. Langhornes custody; but he cannot say that they were directed to him: The substance of La Chaise's was, to assure them of his Firmness to the English Society, and that the French King would assist them for the Advancing of the Cause.

That Mr. Langhorne (being the Iesuits Sollicitor) went with Har­court, Fenwick, Keines and Langworth to the Benedictine Monks, Langhorne charg'd by the Witness with get­ting 6000 l. of the Bene­dictines, to­ward the Plot. to desire their Aid towards the work: and the Witness hath heard, that at the Prisoners Instance they contributed 6000 pounds; which was by them paid to the Society; and Mr. Langhorne was said to have received it, toward the Murther of the KING, and the Change of Religion. This Witness did not see the payment of the Money; but about Iuly, or August, he heard Mr. Langhorne say, discoursing of it, that he would do what he could towards the getting of it; and how troubled he was, That Sir George Wakeman made such a difficulty of accepting of Ten thousand pounds for poysoning the King: Adding, That it was a publick work, and a Body would have done it for Nothing; but that he was a very Covetous and Narrow-soul'd-man.

A Writing under the Iesuits Seal being shew'd in Court to Mr. Oates, he presently declared, That to be the very hand which was to the other, and just such a Seal.

Several Questions being put to the Witness, by, or in the name of the Prisoner, Dr. Oates Answer'd, That he went towards St. Omers When, and How Dr. Oates went to St. Omers; and who came over with him back. at the latter end of November, and that he arrived there about the tenth of December, New style; That he went in the Dover-Coach, and stayed there till April following, without stirring from thence: saving only, that he went to Paris, and was a Night or two at Watton, and then came away in April: whether about the middle, or latter end, he could not say: but he was in England under Twenty days.

There came over with him Nine or ten in all; Dr. Oates stay'd in England at his Return, under 20 days. as Father Williams, Father March, the Rector of Liege, Sir Iohn Warner: and that he could not name any more. The Prisoner objecting to him, that the Names of all the rest were in the Record of the Lords-house; Dr. Oates referred him to the Record. The Prisoner ask'd him also, If Sr. Tho. Preston and Poole came over with him? and the Witness said, they did.

To the Objection, that this was but a Repetition of what was proved the day before, the Prisoner humbly offered, That the Trial of the day before was in another County, and by another Iury, and therefore he presumed, in his own defence, The priso­ner allow'd all freedom of Defence, asks several Questions. to urge this; in which liberty he was not debarr'd.

The Witness said also, that he thought Sir Robert Brett was there. The Prisoner express'd the drift of his Questions to be only this; to see if Dr. Oates would now affirm what he swore in the Lords House: Dr. Oates telling him, that he might produce that Record; and the Court allowing, that a sworn copy of that Record would be good Evi­dence. A sworn Copy of a Record, in the Lords House, admitted to be good Evidence.

[Page 50] The Prisoner ask'd, if the Witness came from Dover by Coach, Dr. Oates came over with Hilsley; and so from Dover by Coach: but Mr. Hilsley parted from him. or on Horseback? Dr. Oates replied that it was a sudden question, but that as he remembers, he came by Coach. The Prisoner then giving the Reason of his Question; because upon a Trial at the Kings Bench, the Witness said he came in a Coach with Mr. Hilsley; Mr. Oates declaring, that they came over together in the Boat, but upon Landing they parted.

Mr. Langhorne ask'd him, where he lodged at his coming into Town? and his Answer was, that when he came in April, he lay at Mr. Groves: but being ask'd where he lay the first night, Dr. Oates could not speak certainly to that; Dr. Oates could not say where he lay in London the first night after his Re­turn: But in general, that he lay at Mr. Groves's. but in general, that he lay there, and as he remem­bers some three or four nights.

Dr. Oates did not say six days, but under twen­ty. Dr. Oates swears, that he acquainted Mr. Langhorne with the Consult within a day or two after it; that he returned to St. Omers, as he be­liev'd, the first week in May. And being then told, that he had said the day before, that his stay there was but six days; he said that was a mi­stake, for he said, under twenty.

Dr. Oates proves Langhorne's hand, ha­ving for­merly seen an Order from him for pay­ment, of Money. The Prisoner demanded, if Dr. Oates saw him write those Letters he spake of? He said No; but he knew his hand, for he saw an Order of his for the paying of Money to his Sons, and the Money was paid upon that Order.

Dr. Oates proves Let­ters from La Chaise to Langhorne, upon his own Con­fession. The Prisoner demanded, if he could say that La Chaise, or Anderton ever wrote to him? to which Dr. Oates Answer'd, That he had Letters subscribed with their Names, and that Langhorne himself told him that they came from them; and that they were to be imparted to Priests and Iesuites; and that he delivered those Letters to the Witness to that end.

Mr. Lang­horne puts questions about Dr. Oates's Re­ligion. And whe­ther a Iesu­ite, or not. The Prisoner desired to Know, how long he staid at St. Omers? Dr. Oates told him, till Iune 23 New style. The Prisoner then demanded, (seeing him to be come over from the Church of Rome to the Church of England) when it was that he went over from the Church of England to that of Rome; and if he was then Beneficed? The Time, Dr. Oates told him, was in February or March 1676/7, and that he was for some time in a Vicaridge at Bobbing in Kent: and that he came to that Vi­caridge in 1672. Mr. Langhorne taking notice that he turn'd Papist in 1677, ask'd him whether or no he had left his Living first? Dr. Oates answer'd, That he had left the place not very long before; for the Air did not agree with him: besides, that he had other private Reasons for leaving it.

Mr. Langhorne ask'd, if turning Papist he became a Iesuite also; be­cause he says in his Narrative, There came nine of us over, All Iesuites? The Court told him first, that it was not a fair Question; and then, that what he offered was no Evidence.

Dr. Oates had been with Mr. Langhorne four or five times. The Prisoner then ask'd the Witness, if he had ever been in his Com­pany since that business in his Chamber of the Consult and Commissions? Dr. Oates made answer, he had been twice with him about the time of the Consult, and twice or thrice after his coming over again.

[Page 51] Mr. Bedloe is Sworn.

MR. Bedloe Mr. Bedloes opinion a­bout the Hand and Seal of a Commission from Rome. declares upon a question concerning a Writing signed by the Superiour of the Iesuites, that he had it at Mr. Daniel Ar­thurs; and that finding it to agree with the Hand and Seal that he had observed upon Commissions in Paris, he presented it to the Council.

[Let the Reader observe here, that this was a business only of a private Concern.]

The Witness swears to this effect: That he had no familiarity with Mr. Langhorne; Mr. Bedloe sets forth Mr. Lang­horne's Cor­responden­ces, abroad. but some three years since, being entrusted by Mr. Har­court and Coleman with certain Letters to La Chaise; Mr. Coleman car­ried him to Mr. Langhorne's Chamber, who there Entred them; and they were then sealed up by Mr. Coleman, who delivered them to the VVitness to carry them: The Letters being written at Mr. Colemans, and only Registred by Mr. Langhorne. Some of these Letters were read in Court at Mr. Colemans Trial.

The scope And the scope of his Letters. of them was only to inform La Chaise, that he wanted nothing but Money now in England to accomplish the work; and to learn what supplies they might expect from France. That the Catho­licks were safe in England; all places of Trust in their hands, or at least, in such as were well inclined: and that, considering the conjuncture of the present Power of the French King, and a general disposition of Cir­cumstances here, there never was so fair an occasion of accomplishing their ends. This was to Father Stapylton in English: But the other to the Nuncio, and La Chaise, were in French, and to the same pur­pose.

Mr. Langhorne Copied these before the Witness: Mr. Lang­horn charg'd with make­ing Entries of the a­foresaid Letters. He went into his Study, and wrote while Mr. Coleman and the Witness walked in the Chamber. The Witness declared, that there was not a penny of Mo­ney in this business, but some way or other past his Accounts. The Wit­ness cannot say that ever Mr. Langhorne spake to him expressly of the Kings death, but only of the Main design.

The Witness was with him a second time, Mr. Bedlow opens the method of the confe­deracy. about a year and half since, and it was from Harcourt, for the Registring of another pacquet of Letters. He took the Pacquet, and without much heeding the Messen­ger, sent word to Mr. Harcourt, that Mr. Williams (a Name that this Witness was known by) had brought him some Letters; which he would return again the next day, as soon as he had Coppy'd them. That Mr. Harcourt shew'd this Witness the Answer: In this Pacquet there were two Letters, one (says the VVitness) that he brought out of Spain from Sir William Godolphin, directed to the Lord Bellassis, which was sent to Mr. Langhorne some three weeks after to be Entred: the Other, from the Irish Iesuites in Salamanca, directing that the rest of the Lords concerned, and the whole Popish Party in England should be in readiness; for they had now gotten some Irish casheer'd Souldiers Irish Ca­sheer'd Soul­diers to em­barque as Pilgrims. that should be laid to embarque at the Groyn, under the colour of Pil­grims, and then to Land at Milford Haven; where (as the VVitness said) the Lord Powis whould have a considerable body of Men to help forward the design. The Prisoner Enter'd Colemans Letters into a large Parchment Book, but the VVitness did not see him Enter the Other: The Book seem'd at least three Inches thick, and that two thirds of it were filled.

[Page 52] Pritchard telling the VVitness, that the Commissions were in Mr. Langhornes Mr. Bedloe told, that Langhorne had the Commissions. hand, and every thing now ready; the VVitness asking about His Commission, Pritchard made answer, that Mr. Langhornes commissions were only for the General Officers: And that the VVitness must have his from the Lord Bellassis.

As to the Money to be advanced by the Benedictine Monks, Money from the Benedi­ctines. the VVit­ness says, that in the Pacquet to La Chaise of May 1676 there was a Letter inclosed to Mr. Stapylton (a Benedictine Monk) to furnish the Money they had promised: The Sum was not named, but the VVitness says that La Chaise told him, that the French King was sure enough, and the Money not to be doubted. Nay, that part of it was already sent over to Coleman, and Ireland; and the rest should follow so soon as they were ready for it. The VVitness declares, that he never discoursed with Mr. Langhorne about Commissions, not ever saw any in his hand, only Pritchard told it to this VVitness But that St. Henry Tichburne at Paris shewed the VVitness three Commissions, signed and seal'd in form, which made him take so much notice of the writing produced this day in Court of Mr. Arthurs, having the same Hand and Seal to it.

How far Mr. Langhorne was privy to the treachery of Pickering, and Grove, this VVitness cannot say: But Mr. Harcourt told the VVitness upon a particular occasion, that he was going to Mr. Langhornes to En­ter Mr. Bedloe deposes the minutes of the Result to be enter'd by Lang­horne. the Minutes of that Morning resolution; which was a Result for the dispatch of those people to New Market that were to Murther the King. But hearsay being no Evidence, Mr. Bedloe was Examined what he remembred out of any Letter that he saw Mr. Langhorne transcribe: And so he informed the Court, that in a Letter of 1676, an Account was desired of the Religious at Doway and Paris, what progress they had made with the rest of their Friends, towards the furnishing of Money; for the Hearts and Arms of the English were ready; the Garrisons plac'd in good hands, and nothing but Money wanting. Nothing wanting, but Money. There were three of these Letters transcribed by Mr. Langhorne: One to La Chaise, another to the Popes Nuntio, and a third to the English Monks at Paris. There were in these Letters expressions of Arms and Garri­sons; and in that to La Chaise, an Invitation of the Assistance of the French. The Letter it self did not mention the destruction of the King, and of the Protestant Religion; but Mr. Langhornes and Mr. Colemans discourse expounded the meaning of it, and that it was to overthrow the Government, and set up Popery; and they did also lay their heads together after the Letters were transcribed. Here Mr. Lang­horne asked, if this were all that Mr. Bedloe had to charge upon him? whose Answer was, that he thought of no more at present, but some­thing else might come into his mind hereafter.

Dr. Oates now minded the Court of one thing which he had forgot­ten: There were 800000 Crowns (he said) as a Contribution from the Congregation at Rome Eight hun­dred thou­sand Crowns to be remit­ted from Rome. to be remitted into England: Mr. Langhorne was inquisitive after this Money, having advice that it was received in France; and Mr. Langhorne himself told Father Harcourt, Keines and Fenwick, in Iuly or August, that the Money was lodg'd in France.

Mr. Bedloe also recollected himself, that Keines told him one day, I must go immediately to Mr. Langhorne; and when he returned after­ward, with a Letter in his hand, he told the VVitness that Cardinal Barbarini Keines told the Witness of a Chi­ding Letter from Bar­barini. had sent Mr. Langhorne a Chiding Letter, for slipping their opportunities, and making to more half. This VVitness did not see the Letter, but Keines told him the tenour of it; and that he had it from Mr. Langhorne.

[Page 53] These VVitnesses having delivered their Evidence, the Prisoner de­sired they might not depart the Court.

Thomas Busse declares, that in September last, A Discourse about Four Irish-men. drinking with an old Acquaintance that was newly come out of Italy, and just going over again, one Anthony being in the Company; You must have a special care (says he to Anthony) of those four worthy Gentlemen that I brought over with me. What (said this VVitness) from Italy? No (says he) but they are four worthy Irish Gentlemen, that will do our business. This VVitness neither asking any Question, nor heeding the matter till Colemans Trial, that speaks of the Irish Men that were to attempt the King at Windsor; and then he reflected upon it. He that spake it, had some Relation to the Benedictine Monks in the Savoy; and Anthony was something about the Queens Chappel; both of them strong Papists. So that an Order was granted, with all Reverence to her Majesty, for the enquiring after Antonio, Hankinson being gone again beyond Sea before.

Mr. Langhorn offered to the Court, To the Pri­soners Que­stion about the Wit­nesses Par­dons, Mr. Bedloe had Three, and Mr. Oates Two. that the two VVitnesses against him were parties in the Crime charged upon him; and he desired to know, whether they had their Pardon, or not? Mr. Bedloe made An­swer, that he had Three; and Dr. Oates, that he had Two, under the Broad Seal: Mr. Bedloe saying, that he gave no Evidence till he had it. It was declared that they were Witnesses, whether they had or not; or otherwise, that they should not have been admitted. Mr. Langhorne however remitted himself to the Court, as to his Councel, Whether having had their Pardons, they might not fall under the same prospect in Law with an Approver; not as directly being Approvers, but under some Equivalence of Reason with them. If the Approver be pardon'd, the Appellee ought also to be discharged: it seems hard that those that were Participes Criminis, and having now got their Pardons, should be ad­mitted for allowable VVitnesses against the Prisoner.

Mr. Langhorne desired also to know, To Mr. Langhorne's Objection, that the Witness had a Re­ward, Dr. Oates prov'd the contra­ry: and that he was 6 or 700 l. out of pocket. if they had either received, or if they did not expect gratifications or Rewards for their discoveries? Dr. Oates, to acquit himself, declared that he had been Rewarded by expending Six or seven hundred pounds out of his own Pocket, without knowing whether ever he should see it again. Mr. Langhorne said, that a Prisoner (Mr. Reading) told him Mr. Bedlow had received Five hun­dred pounds. To which it was Answer'd, that first, Mr. Reading was an Incompetent VVitness; and secondly, his 500 l. was for the discovery of Sir Edmondb. Godfreys Murther; not for the Plot. Mr. Bedloe to the same Question answers that he was 700 l. out of purse. The paint of the Approver over-rul'd. Mr. Bedlow affirmed, that he was so far from gaining by his Discovery, that he was Seven hundred pounds out of pocket.

As to the Approver the Court told him, he was ever allowed main­tenance, and there must be a proof of corrupt Contract, or Subornation, to invalidate a 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 Seven­night, 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 [Page 54] 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, Dr. Oates inform'd the Court of Papists com­ing in with their Swords. Hilsley de­nies his coming o­ver with Dr. Oates. Mr. Gifford says, that Dr. Oates was at St. Omers after Hilsley's going a­way. 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, Dr. Oates still at St. Omers. that he left him at St. Omers, and that he did not overtake him at Calais, as is sug­gested. That 'tis 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, Dr. Oates Sworn to be at St. O­mers from December till Iune. 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; Mr. Lang­horne urg'd Dr. Oates's Narrative and Oath, before the Lords, a­gainst him. St. Ioh. War­ner at Wat­ton, when Dr. Oates came over. And Dr. Oates at St. Omers. 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 [Page 55] the Rector came single, having onely one Officer of the College.

Mr. Gifford was then Examined, Dr. Oates and Mr. Pool said to be at St. Omers, when Dr. Oates said, they were in England. Dr. Oates at St. Omers all May. 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; Sr. Ioh. War­ner at St. O­mers from the begin­ing of April to May 14. 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, Sr. Tho. Pre­ston at Liege thorough March, April & May. 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; Sr. Ioh. War­ner at Wat­ton from A­pril 24 to May 16. 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; Sr. Tho. Pre­ston at Liege. 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, Dr. Oates said to be at St. Omers all April and May, and part of Iune. that April 25th Dr. Oates went into the Infirmary and stirred not out of the College; that he saw him at St. Omers all April and May, and a great part of Iune, positively to the 20 th; and he was there also in February and March; but in Ianuary he lay one night at Watton; and that he did not come over April the 24 th.

The Eleventh Witness Informed; Mr. Pool at St. Omers all April and May. that Mr. Pool was at St. Omers all April and May, and went by the name of Killingbeck; and that he believes so was Mr. Brett.

A Twelfth Witness Informed; Dr. Oates at St. Omers. that he saw Dr. Oates at St. Omers almost every other day, so long as he was there: that he saw him first at the beginning of December. That he saw him positively in April, and the first of May▪ and that he staid till Iune; by tokens that he saw him in April at an Action, and the first of May, being a great Feast, he saw him at Nine-pins in the Garden. Touching Sir Robert Brett, and Mr. Nevil, he could not speak to the former; but for the latter, once in three days he believes he saw him.

A Thirteenth Witness Informed; At St. Omers from De­cember to Iune. that he saw Dr. Oates at St. Omers, first in December; and so forward throughout all the Months, till towards the latter end of Iune.

[Page 56] Another Witness Inform'd; Dr. Oates at St. Omers. that he saw Dr. Oates at St. Omers all the Months of April, May, and a good part of Iune; and that Mr. Pool was the third of May in the Infirmary, which he remembred, it being a Festival, and the day before there was an Action. Mr. Hilsley went away a day or two after, and the Witness had half an hours dis­course with Dr. Oates: He saw him also a day or two after walking in the Gallery; and the second of May with one Mr. Burnaby; and then he saw him the third, fourth and fifth of May with Mr. Burnaby again.

And then one Mr. Hall Informed, Dr. Oates prov'd to be at St. O­mers from December to Iune. that between December 1677, and Iune 78, Dr. Oates lay every night in the College; except One, in Ia­nuary, at Watton; and that for the time that he was there, this Wit­ness never mist seeing of him two days together; save when he was in the Infirmary: and in March Dr. Oates was there also with Mr. Bur­naby, after Mr. Hilsley had been gone a week; and he was Confirmed there May 26th; he was there all April and all May.

As to Pool and Nevil, Mr. Pool and Nevill at St. Omers. they were there March, April, May, Iune and Iuly.

A Forreigner, by an Interpreter, Informed; that he saw Dr. Oates sometimes in the House, Dr. Oates, Nevil and Pool, at St. Omers. sometimes in the Garden, till towards the end of Iune; that he was in the Infirmary about Christmas: Nevil and Pool were there all Iune; and Mr. Pool left them in Iuly. This Wit­ness was a Waterman, and carried Williams and March, the last Sunday in April, in his Boat.

The next Witness Informed, The same Evidence again. that in April and May he saw Dr. Oates at St. Omers; and that Mr. Pool, Mr. Nevil, and Mr. Brett, were there too. This Witness was a Taylor, and having a Suit of Cloathes to make for Mr. Killingbeck, Dr. Oates came into the Shop, and ask'd him questions about them.

Mrs. Grove then Informed, Mrs. Grove affirms, that Dr. Oates never lay at her House. that she never saw Dr. Oates: that she had Lodgers in her house April was Twelvemonth; and that she knew them not till they came to lie there; and that Dr. Oates could not be there, but she must know him; for there was no place to Lodge him. Dr. Oates affirmed, that he lay alone when he lay there; and that it was the place where two men were seized, and carried away. The Witness owned that such men had been seized there; but denied that Dr. Oates ever lay in That place: Dr. Oates swears that he did lie there three or four Nights, Dr. Oates Swears, that he lay there 3 or 4 nights in a Dis­guise. more or less. It was considered, that Dr. Oates being in a disguise might not be known; but the VVitness said that she knew them all, and nam'd them: one Strange and Mrs. Fitz-Herbert lay one pair of Stairs, her Sister above, and there they lay all April and May, and in March too there lay one Mr. Crupper in the Room where the men were taken, and a young man with him; which young man was a Prisoner by Mr. Oates procurement, and Mrs. Fitz-Herbert Lodged there too.

Mrs. Groves Maid Inform'd, that her Mistresses Brother and Sister lay in the Room, Mr. Lang­horne char­ges D. Oates with Con­tradicting his Evidence before the Lords, and his Narra­tive. and no men but Mr. Strange; he and Mrs. Fitz-Herbert lay there in April, May, Iune, Iuly and August.

Mr. Langhorne desires liberty to prove a Copy of the Record in the Lords House; which not being allowed for Evidence, he told the Court that it was an Extract out of their Iournals; and the particular he In­sisted on, was concerning the Company that Dr. Oates says came over with him from St. Omers: It is that which Dr. Oates remitted himself to, and has gone over and over with it, That Sir Iohn Warner, Sir [Page 57] Thomas Preston, and Mr. Pool, came all along with him. The Prisoner was told, that if he had a Record to overthrow his present Evidence, he might produce it; Mr Laughorne then desired that those that took Ire­lands Trial might be called, and that he might be permitted to make proof by Witnesses of what was there Sworn, with regard to the Pri­soner at the Barr; and being told that it was not to be done, the Prisoner desired to know why not; for he had a Witness to prove that such words were spoken; without which he had no means of Defence? The Answer to him was, That as it would be no proof against him, so it could be none for him.

There was a Complaint here brought in by the Lord Castlemain, The Wit­nesses af­fronted by the Rabble, and the Court much offended at it. of Violence offered, by the Rabble, to the Prisoners Witnesses; and that they were in danger of their lives, for their coming to give Evidence: which was highly resented by the Court, as an affront to publick Justice, and direction given to enquire out the Offenders, tht they might be punished.

A Witness was now called to speak to one point; about the meeting at the Whitehorse Taverne: Never a Room in the White­horse Tavern that would hold the Consult. who Informed, that she had kept the House Seven years, and left it last Iuly. The Question was about the Number that met at that Consult? Dr. Oates Answered, that there might be some eighteen or twenty there at a time, and that they were divided into se­veral Rooms. The Witness said, that she knew the greatest part of those that used her House, and that she could say nothing to the par­ticular of who was in her House April the 24 th 1678; but that she did not remember that ever she saw Dr. Oates there. It was plain however that he might be there, and she not know on't. Mr. Langhorne gave this Reason for asking how many, because Dr. Oates, both in his Depo­sitions before the Lords, Being said to be fifty Persons. and in Colemans Trial, affirmed, There were fifty Persons at that Meeting; and that then they adjourned into several small Meetings. But it was returned, that so there might be, at several times of the same day; and Dr. Oates explained himself, That though the Meeting was the 24 th day, the Consult continued yet till the 26 th at Night. The Witness urged, that she never knew so many in the House together, but once, in all her time, and that was upon a Iury; and they were forc'd to put them into three Rooms, for there was not a Chamber to receive above a dozen: Upon this three Witnesses made Oath; Prov'd, that two of the Rooms would hold 25 or 30 a­piece. the first, that he had seen a dozen or sixteen at dinner there in a Room together; and that it would hold twenty: the second, that there were two Rooms in the House, where twenty five or thirty might Dine together in either of them: and a third, that he himself was at a Wed­ding-dinner there, towards the Street, where there were above twenty Persons. The Prisoner thought it material however, if the Room would not hold fifty; and he spake only upon Information, for he had never been There.

Mr. Langhorne being ask'd, Mr. Langh. offer'd some Questions to the Court, which were not admit­ted. if he had any more Witnesses, mov'd that he might reserve them till the Kings Council had spoken; but that was not found allowable: so he pray'd an Answer to a Question or two, if the Court pleas'd. The one; Was Mr. Ireland here in London in August, or not? To which it was reply'd, that it was a point forreign to the matter in question. The other was, Since Mr. Oates affirm'd himself six or seven hundred pound out of purse since his Discovery, if the Prisoner might examine two Witnesses upon the probability of that assertion; for if he were extreamly Necessitous before, how should he get Credit for it since, but by his Evidence? But it was found to be a matter clear from the Point to demand of him, how he came by his Mo­ney.

[Page 58] Mr. Langhorne then offer'd a Copy of a Record of the House of Lords, Mr. Langh. urg'd Mr. Bedloes con­tradicting his Evidence before the Lords. to prove that Mr. Bedloe had there declared, that he had no Person more to charge, either in the House, or out of the House, than what he there charged; and that he the Prisoner was none of the Persons there Charged. It was Objected, that he might forget things at that time, and call them to mind afterwards; and besides, that some body should have been produced to prove, that Mr. Bedloe took That Oath.

Mr. Langhorne offered a Question now concerning the Commissions, Mr. Langh. asks how the Commis­sions were disposed of. asking whether or no (and to whom) the Prisoner distributed those Com­missions, as the VVitness says he did?

Dr. Oates Replyed, That he only said the Commissions were deli­vered, but not to whom; but that he affirms they were for those five Persons, and that the Prisoner himself told him in Iuly, or August, that he had dispos'd of them, without naming to whom; only speaking of one, which he sent his Son with to my Lord Arundell's eldest Son: He told this VVitness, it was delivered, not calling to mind that he knew of any other. This Question is put (says Mr. Langhorne) because Dr. Oates Charged the Prisoner before the Lords, And charg­es Dr. Oates with a mi­stake. with sending the Com­mission to the Lord Arundel himself. Dr. Oates affirming also, that he saw a Letter in the Prisoners Chamber, acknowledging the Receipt of it.

Mr. Langhorne desired, The Narra­tive of Dr. Oates's Evi­dence at Colemans Trial. that Mr. Lidcott might be examined to a point of Dr. Oates's Evidence at Colemans Trial; where he says, that he came, and communicated to the Prisoner the Matter of the Consult the very next day after it, and never saw the Prisoner any more; but Mr. Lidcott (though present there) was not able to speak to the particulars of the Trial; so Mr. Blany was ask'd what he could Testifie upon that point; who acknowledged, that he took the Notes, and remem­bred something about Mr. Langhorne; but could not charge his Memory upon it without Book: So Mr. Langhorne presented the Narrative; which Mr. Blany said was not printed from his Copy. No Evi­dence in the Law. But an Historical Narrative was agreed to be no Evidence in Law. Mr. Langhorne offer'd, that without some light to his Charge he could not prepare himself for his defence: and that in other Cases people are confronted before a Magistrate, and so come to understand the Matter of their Charge.

Mrs. Sillyard was called; but affirming that she durst not give Evi­dence without being secur'd from the Rabble: and the Court being on­ly able to promise Justice upon any Offender in that kind that should be brought before them, she was discharged, by Mr. Langhornes consent, without Examination.

Mr. Langhorne said, Mr. Lang­horne insists upon the Incompe­tency of the Witnesses. that he intended to make use of her Evidence to a Deposition of Mr. Bedloes at Readings Trial; which was, that he could have said more against Whitebread, and Fenwick, then he did at their First Trials; which Concealment he took to be Perjury, for not having told all the Truth; and that however Impertinent it might seem, it was yet of great effect to the Prisoner, to shew that the VVit­ness against him was not to be believed. But Mr. Whitebread, having before receiv'd an Answer to that Objection, the Kings Council summ'd up the whole Matter in brief to the Jury; and then more of the Kings VVitnesses were Sworn.

[Page 59] William Walker deposeth, Mr. Walker deposes, that he saw Dr. Oates in London in March or April, 1678. That he had known Dr. Oates seven or eight years. That towards the end of March 1678, or the middle of April following, he had seen him in England in a Disguise, and could not call him to mind that Night; but early in the Morning it came into his head that it was Titus Oates: and so he rose early to enquire of a Gentlewoman concerning him, that knew him; and asking her how Dr. Oates did, she struck her hand upon the Counter, and cried, He is an undone man, for he was turn'd Papist. The VVitness asking her then, if she knew were he was? No, said she, he is skulking some­where up and down here, and dares not shew his head in the day. Whereupon this VVitness told her, that he had seen him the day be­fore, about ten in the Morning, betwixt St. Martins Lane and Leicester House; but that he was disguised: and the VVitness described his Habit to her. Mr. Langhorne prayed he might speak to the Time as near as he could; and the VVitness said, that he did rather think (but could not be positive) that it was about the Middle of April, and that it was 1678, not 1677; about the time of the year, when he usually came to Town to receive Money. And the VVitness affirms, That it was Dr. Oates whom he saw, and that he was brought up for a VVitness, having spoken of this passage to several Persons after the Report of the Plot; which he supposes might come to Dr. Oates's ear by Chance.

Mrs. Ives then deposed, Mrs. Ives swears to the same effect. that Mr. Walker told her, (being the Mistress of the House) the substance of what he gave in Evidence concerning her; adding, that it was about the middle of April was Twelve-month, and that Dr. Oates's Father coming to her shop, and eating some Cream-cheese, upon their first coming in, she told him the Story that Walker had told her.

One Butler was Sworn (Sr. Richard Barkers Servant) and affir­med, Butl. proves Dr. Oates in England in May last. that he had known Dr. Oates two or three years, and that he saw him the beginning of May last was Twelve-month at his Masters house, enquiring for Dr. Tongue: that he was so disguised, as that he heardly knew him. That the witness in Court was the Man, and Titus Oates his Name. This VVitness bad him Welcome into England, but he went in, and came forth again, without taking any notice of the Wit­ness. He was in a Grey-coat, a Flopping-hat, Plain-shoes, his Hair cropt to his Ears; and one would rather have taken him for a Shepheard than a Minister. Mr. Langhorne ask'd, if it were in 1678, or in 1677? The VVitness affirmed it to be in May was Twelve-month, and that he told his Master about a week after, at his coming out of the Country, That Dr. Oates had been there, in a strange Dress, to ask for Doctor Tongue.

Cecily Mayo was then Sworn; Cecily Mayo, and Philip Page swear Dr. Oates in London. and said, she never saw Dr. Oates's face till about a fortnight before Whitsontide was Twelve-month; and that then a Servant of Sir Richard Barkers shew'd him to her at the Window; and that this Gentleman (Dr. Oates) in Court is That man.

Philip Page deposed, that he had known Dr. Oates five years; and that he saw him at Sr. Richard Barkers about the beginning of May was Twelvemonth: and that he was positive that Dr. Oates, then in Court, was the same Man.

Sir Richard Barker deposed; Sir R. Barker told as much by his Servants. that he had known Dr. Oates from a Child, and that his Servants told him, that they had seen him about a year ago; and that he himself had not seen him, which he wondred at, having lately seen his Father, who said nothing of it: and that he the VVitness had thoughts of bestowing a Living upon him. It was in [Page 60] Whitson-week, at the VVitnesses coming home, that he was told by his Servant of Dr. Oates's being there, and of his Dress; but upon enquiry what Message he had left, it was answered, that he only asked for the VVitness, and for Dr. Tongue; and this was in the beginning of May was Twelvemonth. Mr. Langhorne seemed to admire that the VVitness should intend him a Benefice under these Circumstances. Sir Richard Barker was certain that this was in 1678: and informed the Court like­wise, that a Grandson of Sir William Thorold (now Sr. William Thorold) and two or three of the Vniversity had a Conversation with Dr. Oates at the same time, which he presented only as a Circumstance.

Mr. Clay deposed, Mr. Clay saw Dr. Oates twice in A­pril & May. that he had known Dr. Oates since April last was Twelvemonth; and that he had seen him twice in April and May, at the House of Mr. Charles Howard, which was a part of Arundel-house, that was since turn'd into a Street: He remembring it by this Token, that Mr. Charles Howard told the VVitness he had been at St. Omers, and was now come over again, and that he had some inclinations of entring into the Society; but that he thought he should put him off: the Wit­ness declaring himself to be of the Church, but not of the Court of Rome. And that he was certain that this was in 1678. Mr. Langhorne desired to know, whether Mr. Clay rememberd any thing of Dr. Oates's playing at that time with Mr. Howards Son, or talking to him about his Book, or asking him Questions? But Mr. Clay remembred nothing of it, nor that Mr. Howards Son was in the Room.

Mr. Smith deposed, Mr. Smith saw him the first Monday in May. that Dr. Oates had been his Scholar; that he knew him before the Fire of London, and that Dr. Oates gave him a Visit, and dined with him, at Islington, at the beginning of May, the first Monday in May, as he remembred; and that he was with him 3 or 4 hours. That the VVitnesses Wife was there, and that they discours'd of Dr. Oates Tra­vels into Spain, Valadolid and Salamanca; that he had a Cinnamon co­loured Suit on, and green Ribbands.

Mr. Charles Howard declareth, Mr. Charles Howard saw him in Iuly, but not in May. that he knew Dr. Oates very well, and that he had known him upward of two years, and that he had been di­vers times at Arundel-house; and particularly about two years ago. That he remembred him there after Iuly was Twelvemonth, but not in May; and that the VVitnesses Son dy'd in May 1677. Mr. Howard declaring, that in April 77 his Child was living, and that Dr. Oates and Mr. Clay dined there with him: Dr. Oates affirming, that he had not been two years acquainted with Mr. Clay Mr. Clay alledging, that he never knew Dr. Oates before the end of April last year: And likewise, that Mr. Howard had a Son yet living at that time. Dr. Oates informing the Court, that one Son of his was dead a Twelvemonth before Mr. Clay and Dr. Oates met there. Mr. Howard explaining himself, that he spake of his eldest Son, who deceased two years since.

Mr. Langhorne being called upon to speak what he had to say, Mr. Lang­hornes De­fence and Exception to Dr. Oates his Testi­mony. repre­sented his Case; That he was accused by two VVitnesses: the first, Mr. Oates, against whom, if he could prove any thing false given in Evidence, he conceived that he ought not to be regarded. As for Sir Tho. Prestons coming over with him in April, it hath been clearly made out that he was then at Liege: and for Sr. Iohn Warner, Mr. Pool, and others, com­ing in the same passage, he said, that the falsity was proved against him beyond dispute. Then as to himself, it was proved likewise that he was sick in the Infirmary after Mr. Hilsley was come away; he deposing that they came together. These Particulars being clearly proved, he thought sufficient to take off Dr. Oates Credit; averring also, that from November 1677 to that minute, he never set eye on him. The Prisoner set forth, [Page 61] that he had been a great while kept close, and but one Week allowed him to prepare his defence; and therefore depending that he would have de­livered the same things here which he has publish'd in his Narratives, all that the Prisoner could do was to arm himself as well as he could a­gainst these Points. Mr. Langhorne did likewise tell the Court, that he had seen Dr. Oates in Michaelmas Term 1677 once or twice, and that he brought him a Letter from his yonger Son in Spain. He told the Prisoner, that he would go over to St. Omers, for he could not get himself admitted into any of the Colleges in Spain. He affirmed, that since that day, till now in the Court, he never saw him; nor knew a face of any of the Wit­nesses from St. Omers: And that he hoped the Iury could not look upon those Youths as Capable of driving on a Design, or aiming at a Reward. It was reflected, They were all Papists, and in a Common Causes. Mr. Langhorne offer'd to that Objection, That if the One side ought not to be Credited, as being Papists and Friends: so neither was the Other, as being Enemies. If it were clear, that he neither Lodg'd at Groves, nor came over with Hilsley; or that neither Sir Thomas Preston, Warner, or Poole came with him, that then his Evi­dence ought not to be look'd upon as valuable.

And then as to Mr. Bedloes Evidence, And to Mr. Bedloes. it may be considered; First, there is no proving of a Negative: Secondly, that the Prisoner had no acquaintance with him, nor can say, that in his whole life, he ever saw him before This Occasion: (But yet 'tis possible that he might see him, and not know it.) Is it probable now (says Mr. Lang­horne) that the Prisoner, if he were guilty, would ever have taken Mr. Bedloe into a Confidence, in a Privacy of this Nature; or that a Person of the Prisoners Practice should spend his time in Registring Letters, and keeping Accounts for any particular Religious Or­der? If the Prisoner could have known his Charge, he might have accommodated his Defence to it: and the VVitnesses that he had were only such as his Friends thought might be beneficial to him. The Other side having had all Advantages of bringing their VVitnesses together. The Prisoner suggested further, That if he fell under any prejudice for his Religion, it would look as if he suffer'd for That. Concluding with this Declaration, That he did believe it Damnation to any one that should go about to kill the King, or deprive him of his Government: and he recommended the rest to the Court, and to the Iury. And the Lord Chief Iustice hereupon gave directions to the Iury, with his usual Candor and Gravity.

After Directions given, the Court reflected upon a Letter found amongst Harcourts Papers, which had been made use of in the Tri­als of the Day before; and was found six or seven days after Dr. Oates's Information of a PLOT to the Council. This Letter the Court or­der'd to be read, as a Paper that might give some light to the General Designe, and it was read accordingly.

THE Three Prisoners above-named having been Arraigned at the Kings-Bench Barr, Green, Berry and Hill brought to their Trials. on the Fifth of February 1678, for the Mur­ther of Sir Edmond Bury Godfrey (the Grand Iury for the County of Middlesex having found the Indictment two days before) they were upon the tenth of the same Month brought again to the Barr, to receive their Trials: when his Majesties Council having open'd the Indictment, the Kings VVitnesses were called; and Dr. Oates first Sworn, who gave Evidence.

That he applied himself to Sir Edmondh. Godfrey, September the sixth last past, Dr. Oates's Evidence: And Law in securing the Deposi­tions. with certain Informations, and having made Oath to the Truth thereof, he carried the Record back again; and, September the 28 th repaired to Sir Edmond Godfrey with two or three perfect Copies, and Swore them also. This being done, the VVitness gave Informa­tion thereof to the Council: After which Sir Edmond came unto the VVitness ( September the 30 th, as he remembers) and told him what Ill-will he had got; some reproaching, and threatning him for doing so much; and others, for doing so little; and that the Parliament should be acquainted with it, being to meet on the One and twentieth of Octo­ber ensuing.

The VVitness also Swears, Sir Edmond-Bury God­frey foresees his end. that about a week before Sir Edmond was wanting, he told the VVitness that some Popish Lords menac'd him for medling in the Business. That he had great apprehensions of mischief from the Papist's Party; and he told the VVitness how he had been watched for several days. The VVitness asked him, why he went without a Servant? He had One, he said, but he was a pitiful weak Creature: the VVitness then advising him to get him some smart Lad to wait upon him; but he gave little heed to it: telling him, that he did not fear any Man upon the square; but still he would be talking to the VVitness of the danger that he was in; who gave him this Conso­lation, That if it should be his Lot to suffer, it would be in a Righteous Cause.

Thomas Robinson Esquire was Sworn; Mr. Robin­sons Evi­dence. and deposed, that Sir Edmond and himself had been School-fellows at Westminster; and for above forty years of a continued Acquaintance (saving only in the late VVar) and Fellow-Commissioners for the Peace.

[Page 64] That having been together at Westminster Quarter-Sessions, October the 7 th; upon the rising of the Court they went to dinner with the Head Baily.

They had a great deal of talk there concerning the Plot; The Wit­nesses dis­course with Sr. Edmond-Bury Godfrey about the Plot. That this VVitness told Sir Edmondb. that it was said he had taken several Depo­sitions about it. To which he made Answer, that he had done more in it, than he thought he should have Thanks for; and that he could have been well content if it had fallen into some other hand. This VVitness telling him, That he had but done his duty; and desiring a sight of the Examinations, if he had them about him. But his Answer was, that a Great Person had them, and that when he got them again, the VVitness should see them. They both agreed that they were not yet at the bot­tom of it; But upon my Conscience, (said Sir Edmondb.) I believe that I shall be the first Mariyr: adding, that no man should have his Life neither upon easie Terms. The VVitness advising him to go with a Man, and he not liking it.

Mr. Prance was then Sworn:

Who declared, Mr. Prance's Evidence. that before Sir Edmond was murther'd, for a fortnight or three Weeks, there were several Meetings at the Plow-Alehouse, where was Green, Girald and Kelly; and that the two latter (who were Priests) drew the VVitness in, Drawn in by Green, Girald, and Kelly. perswading him that it was no Sin, but rather a piece of Charity; for he was a busie Man and would be very troublesome. These words passed at the Plow, and at the Water­side, some week or fortnight befor the Murther. Upon the meeting of Green, Hill and Girald, they came to a Resolution, that who ever saw him first should immediately give notice to the rest, that they might be ready for him. Girlad, Kelly and Green said in the VVitnesses hear­ing, that they had dogg'd him into the Red-Lion Fields, Sir Edmond. dogg'd into Red-Lion-fields. but had no op­portunity to kill him There. On a Sunday-morning Mr. Kelly came to the VVitness, and told him, that they were then Watching of him; and told the VVitness afterwards, that either Hill or Green had been at his House to enquire for him; but the Servant telling him, Sir Edmond was not up, he left word that he would come again by and by: after this they waited their time, and then dogg'd him, as Girald and Green told this VVitness; but whether it was Green or Hill that went, he could not say. And that Day Girald, Green and Hill dogg'd him from one place to another, and so into St. Clements. They had sett him in St. Clements. About Seven of the Clock Green told the VVitness where Sir Edmond was; and he hasten'd away from his own House to Somerset-house immediately, the VVitness living in Princess-street, not far off. Where he was at St. Clements this VVitness cannot tell.

Towards Nine a Clock notice was given to Hill (who came before) that the VVitness was to be in readiness. And pre­pare for the Murther. Presently upon This Hill went away to the Gate, and as Sir Edmond was passing by, he desired him to try, if he could quiet two Fellows yonder that were quar­relling; A Quarrel pretended. which he was loath to do: but Hill pressing it, that the Authority of a Iustice might make them Friends, Sir Edmond went along with him; and as he was at the bottom of the Railes Green got a Handkercher about his Neck, The man­ner of the Murther. which he had twisted, and there pulled him over, and punched him, and choak'd him. Girald would have run him through with his Sword; but the rest were against it, for fear that it should be found out by the blood.

[Page 65] The VVitness went to the Body a matter of a quarter of an hour af­ter, and handling it perceived that he had life in him yet; for his Legs quivered; Green twist­ed his Neck and bragged of it. but then Green took him by the Neck and turned it quite round. The VVitness does not say that he saw him do this, but Green made his brags of it, and the rest told the VVitness of it too. The Wit­ness was ordered by Hill to stand at the Water-gate, and Berry looked to the Stairs; they did all four tell the VVitness of the twisting of his Neck, and they were about the body when the VVitness went down. Berry was not there at first, but he came before they had him into the house, and helped to carry him up; and so did this VVitness, with the rest. That is to say Girald, Green, Hill, Kelly, Berry and the VVitness did all put their helping hands. He was carried into Dr. Godwins house, where Hill (that had been the Doctors man) had a Chamber, and he went before to get the door open, while the rest brought the body, the body was kept there till Munday Night; and then it was laid in Somerset-House where this VVitness saw it by Hills Dark-Lanthorn, they were all there, and upon Tuesday Night the body was removed again into Hills Lodgings, in a Court below there. What was thrown over him, this VVitness does not know, Hill had a Dark-Lanthorn which was all the light there was; but the VVitness was certain that it was Sir Edmund God­freys body. It should have been laid in Hills Lodgings, but some bo­dy being there they conveyed it into a Room that was overagainst it (Sir Iohn Arundels Lodgings as he thought.) About Nine, on Wednesday Night as they were carrying it into the Chamber where it was first, this VVitness had the hap to come just at that time, which started them so, that they ran away; but upon the VVitnesses speaking Berry returned, and the body was got up and so carried off about Midnight in a Sedan. The body carried off in a Sedan. It was Hill that brought the Sedan, and all the Company helped to get him into it. Girald and the VVitness took him up first; Berry stood ready upon a Hemm to open the Gate, and so he was carried out at the Vpper Court Gate, Green and Kelly went before, and they took him up in Covent-Garden to ease the other, In Longacre the VVitness and his Companion took him up again, and carried him on as far as Soho Church.

Hill was ready there with a Horse, Hill meets them with a Horse and takes up the body. and there the body was set up astride and Hill rode behind it holding it up; Green, Hill, Girald and Kelly, went along with him, the Sedan being put into a new-built house till they returned.

The next morning Hill, Hill, Kelly, and Girald, run his Sword through him. Kelly, and Girald told the VVitness that they had thrust his Sword through his body, cast him into a Ditch, and his Gloves and things were laid upon the Bank.

As to their meeting at Bow, it was at one Cashes the Queens-Head, there was one Leueson, Vernat, the VVitness, Mr. Girald and one Dethick, that Mr. Vernat sent for by a Cobler; and he came immediately. There was a Barrel of Oysters for Dinner, Their Con­sultation at Bow. and a Dish of Fish, that the Wit­ness bought himself: and it was the Friday after the Proclamation for sending all Papists out of Town.

The pretence of this meeting (as Mr. Vernat told the VVitness) was only to be merry.

While the Company was making merry, the VVitnesshearing somthing rustle at the door, A Drawer overheard the Conspi­rators at the Tavern. he went and found a Drawer hearkning there; and told him he had a good mind to kick him down stairs, and so went a­way. The VVitness says that Hill and Berry were in the business before him, as Girald said, with whom the VVitness had been several times at Berries House; they met twice at the Plow, and the second time Hill [Page 66] was there. They said there was a great reward promised, but this Wit­ness cannot tell what.

Girald Giralds Re­solution to murther Sir Edmund. had taken up a full resolution to destroy him that Night: and, rather than fail, he would have killed him in the Street; in the Lane that goes down to his House. Mr. Prance being questioned about Mr. Bedlow, declared that before the VVitness was in Prison, he cannot remember that ever he was in Mr. Bedlows Company.

Mr. Hill Hill obje­cted against Prances Te­stimony. desired the Court that Prances Evidence might not be ad­mitted against him, because he had denyed all to the King, that he had before Confessed; and so was perjured; but he was answered, that his Confession was not upon Oath. Hill asked Prance what time it was he went to Sir Edmond Godfreys, who answered that it was Nine or Ten a Clock. Hill affirmed that he had not been abroad that day; and de­nied every syllable.

Then Berry askt Prance what people were in the house, when he said he was there, and bad him name any; and Prance told him that his Wife was there, and Girald, Kelly and the VVitness. But Berry could not deny the knowing of Prance, no more could Hill nor Green. Prance could give no account from whence they Hounded him, when they murthered him; he was carried into the House some quarter of an hour after he was killed, being taken and by surprise strangled.

Captain Richardson was asked what he knew of Prances The reason of Prances flying off. denying what he had consested: who declared, that he was ordered, the night before the last Parliament was Prorogued, to carry Prance before the Committee of Lords, to be examined: How that he was in great disor­der, and earnest to speak with His Majesty; and that being 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, Mr. Bedlows Evidence. 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. He made an acquain­tance with Sir Edmund 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 [Page 67] 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, Le Faire ap­pointed Mr. Bedlow to meet him. 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; Their Dis­course. 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. Mr. Bedlow brought to the body. 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: 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. 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 [Page 68] 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, The Provi­dence of Mr. Bedlows discovering 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, The Consta­bles Evi­dence about the body of Sir Edmund Godfrey. 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. Evidence upon the view of his body. 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; Eliz. Curtis swears that Green came to her Ma­sters house. 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: And that on a Satcerday 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 [Page 69] 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, A Note brought the Night be­fore. 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, Stringer proved their meeting at the Plow. 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. Caries Evi­dence upon the meeting at 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, The Draw­ers Evi­dence of that Ta­vern. 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, Sir Robert Southwets report of Prances Ex­amination. 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; A Relation of all the Circum­stances de­livered by Prance, and how the body was re­moved and disposed of. 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 [Page 70] 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 began to doubt; but yet went on, and so past into divers Rooms on the other side of the Court; and then up Stairs again, and into other Rooms; but still at a loss in what Room it was that he saw the body: only certain that he had been in that place; the VVitness still referring himself to his Re­port. Sir Robert Southwel now produced the Minutes he had taken up­on these mens Examinations wherein it appeared, that Hill was Exa­mined, that he confest he knew Girald, but not Kelly; Hill then inter­posing, that he knew one Girald who was not a Priest, and that he did not know Girald the Priest.

It was charged upon Berry, Berries pre­tended Or­ders not to admit any body. the saying that he had Orders not to ad­mit any Strangers or persons of Condition into Somerset-House for two or three days; and that the P. coming thither, was not suffered to en­ter; and that he never had any such Orders before. To which Berry replyed that the P. might have entred if he had pleased; that it had been proved (as was acknowledged by the Court) that five or six had gone in before. That he had an order only for two days, as he re­membred, and that he had had such Orders formerly. But there being no such Orders produced, the Court reflected upon the pretence as the best Artifice they could invent to keep the design private.

The Prisoners were now called upon to speak for themselves, The Wit­nesses for the Priso­ners. and pro­duce their VVitnesses: Hill calling upon God to bear him VVitness that he was perfectly innocent.

Mary Tilden informed that Hill had lived seven or eight years with her Uncle Dr. Godwin; Mary Tilden gave Evi­dence for Hills good behaviour. and that he seemed to be always a trusty ser­vant, kept good hours, and lookt to their house in her Uncles Ab­sence; and was always within by Eight at Night, ever since last April when they came last into England. That the VVitness was in the house when Sir Edmond Godfrey was killed: That she heard of the murther in the Town on the Wednesday; that she herself was never out after Eight a Clock, nor Hill neither: for he waited at the Table; and that constantly the Maid barred the door upon his coming in, so that he went out no more that Night: That he was at home the Saturday Night when Sir Edmond was murthered, and the next Night, and every Night so long as the VVitness was in Town; and that she herself was at home the Wednesday Night beforementioned. That she was the more positive because they kept constant Supper time, and the doors never [Page 71] opened after; besides that the Lodgings lay so, that no body could go in or out without being taken notice of, that the Maid kept the Key of the House and not Hill. Mr. Prance then informed the Court that Mrs. Broadstreet would own but one Key at first, but before the Duke of Monmouth, she ackowledged six or seven, to which Mrs. Tilden an­swered that there was onely one Key which secur'd that door. The VVitness being askt when she was out of Town; answered in October; but being told that this happened in October, her answer was that she mistook the month. Mrs. Broad­street seconds the former Evidence. Mrs. Broadstreet being askt what time, answered in September, and then Mrs. Tilden recollecting herself, said in September too, and that while she was in Town there was not a day but she went into the Little Room, mentioned by Prance, upon some occasion or other; Mrs. Broadstreet said they came to Town the Monday before Michaelmas, affirmed the good hours they kept, and that nothing could be brought in, but they in the House must know of it. Sir Robert Southwel then described the place, that it was very little, and over­against the Dining Room; and that it was a small square Room, where the body was laid, at the Stairs head. Mrs. Broadstreet adding that the Key was never out of the Door; and people constantly going into that Room. Mr. Prance informed that Mrs. Broadstreet told the Duke of Monmouth that Hill had left his Lodgings before that time. And Sir Ro­bert Southwel said that there had been some dispute about it; Prance would have it to be a fortnight after, and Hill affirming that he was dealing with his Land-Lord the very Saturday that Sir Edmond Godfrey was wanting. And that from that time, it was a week or a fortnight before he removed. But it was urged that Hill pretended that he was gone before. Mrs. Broadstreet averring that Hill left the Lodgings a fortnight after Michaelmas. Sir Robert Southwel informing that the said Hill went away only three or four days after. Mrs. Tilden said further, that the place was so streight, that upon an occasion of Visits the Footmen always waited in that Room.

Katharine Lee did then inform that she lookt to see the Doors Locked every night; Katharine Lees Evi­dence, the servant of Mrs. Tilden. and the Parlour safe, and that she never mist him; and that every morning, before she went to Market, she went into the Chamber, or called every day at the Door, and that she al­ways went to bed last. Being asked if Hill might not slip out, and she never know of it; her answer was that she did not always watch him. But Captain Richardson informed the Court that the ser­vants keeping below Stairs in the Kitchin, and there being so ma­ny Keys, people might go in and out and they never the wiser.

Daniel Grey was called and informed that he was with his Brother Hill, Daniel Grey gives Evi­dence for his Brother Hill. from October the eighteenth to the two and twentieth or three and twentieth: that at Nine or Ten at Night they used to go to Bed, but he did not see him, when he went to Bed. That the Wit­ness lay at his own House, that Hill agreed for his House October the eighth, but it was about the twenty first, that he went thither; and that they lived a matter of a Bow-shot a sunder.

Robert How informed, Robert How gives an ac­count how Hill disposed of himself. that October the fifth Mr. Hill desired him to view a House that he was a taking, to see how it was in re­pair, and that they went and treated with the Land-Lord; appointing Tuesday morning, being the eighth, to meet again. That the Wit­ness wrought there every day, from Wednesday, Twelve days and a half: and that Mr. Hill was there every day. That on Saturday the twelfth Dining together, they parted about One or Two a Clock; Mr. Hill (as he says) toward Covent-Garden, and this Wit­ness [Page 72] to his Work: This VVitness told him that Mr. Hill had been there again about Four a Clock, but the VVitness was gone first. Where he was that Night the VVitness could not say; but that he saw Mr. Hill about Nine or Ten in the morning, and that he staid till Two.

Mr. Cutler informed that Hill was with him at his House from Four or Five in the Evening till Seven or Eight: Mr. Cutler and Mr. Lasingby to the same e­fect. when his Wife called him to Supper, and the VVitness never saw him from that time till the day after he was taken.

Richard Lasingby informed, that on Saturday, October the Twelfth about Noon, he was with Mr. Hill at the door; that he Dined with him, and How, and that upon Wednesday Night he saw him from Five to Seven and not after.

Archibald was Examined, Archibald seemed glad for Prances Discovery. and informed, that upon Munday Night having occasion for one Grey, a Taylor, he found him at Hills House: and Grey asking what News, the VVitness answered him very good, for Prance was seized for killing Sir Edmond Godfrey. To which Hill replyed that he was very glad of it, and wished them all taken; and the next morning the VVitness heard that he was taken out of his Bed. Why then, said Hill, if I had been guilty I could have made my escape.

Iames Warrier informed that October 12. Greens Wise called her VVitnesses. Green was at his House from betwixt Seven and Eight till after Ten, it was upon a Satur­day, and he remembred it exactly by his Work. That he bethought himself of this about a month after the murther; and that Greens being taken up made him reflect upon it. It was but Fourteen days that he had been in the VVitnesses House before he was seized, he was not seized there neither. It was objected that he was not charged with the death of Sir Edmond Godfrey till December 24. but only for refusing the Oaths: So that that could not put him in mind of Sir Edmond Godfreys business.

Mrs. Warrier informed that upon the day that Sir Edmond God­frey was missing, Mr. Warrier and his Wife gave Evidence where Mr. Green was. Mr. Green sat in the VVitness Quarter, till Nine a Clock, and then went up to his Chamber, the VVitness and her Hus­band with him, and there staid the beating of the Tattoo and that this was the Saturday fortnight after Michaelmas.

Mr. Ravenscroft informed, Mr. Ravens­croft testifies his know­ledg of Hill. that Hill had served his Elder Brother for Thirteen or Fourteen years very faithfully: and that at last he married a Maid-servant in the Family. That hearing of one that was seized about the murther of Sir Edmond Godfrey, the VVitness was well pleased to hear it; that passing from his Fathers House in Holborn homeward toward the Savoy, he saw Hill's Wife at her own door, and she told the VVitness that some body had been there that said Prance had discovered divers of Sir Edmond Godfreys murtherers; who askt her if her Husband knew any thing of it. They used to be much together (she said) and perhaps that made them talk; but for her Husband he defied Prance and all his Works, telling the VVitness likewise that he was then in the House, which made the VVitness hope he was innocent, because he did not fly. The Wit­ness declaring such a detestation of the Fact, that rather than he should escape if he were guilty, he would be the Executioner himself.

[Page 73] Corporal Collett Informed, Corporal Collet and the Sentinels Examin'd about the Chair. That upon Wednesday, October the 16 th, he placed one Nicholas Trollop Sentinel at the Strand-Ward, within the Wicket; he was upon Duty from Seven to Ten, and then was relieved by Nich. Wright; who staid till One. The Sentinels being placed by the Porters order; not Berry▪ but One that used to carry Orders.

Trollop Informed, That while he was upon his Post, a Sedan was brought in and set within the Gate; he took it to be empty, but no order to refuse any Body's entrance; Collett declaring, that there stands a Sedan empty every night; and Trollop affirming, that there went none out in his time, for he was never half a Pikes length from his place; that he did not drink one drop; and that he remembred every thing particu­larly, for he had been already twice before the Committee. Wright also said there passed none in his time; and Trollop Evidencing, that it was brought in when he vvas upon Duty, but not carried out again.

Gabriel Huskes Informed, That he was on from One to Four, October the 16 th; that he neither drank at Berries, nor saw him.

Then Eliz. Minshaw Informed, That Mr. Berry (her Master) October the 16 th was the whole Forenoon about the Gates; and after that, as he said himself, went to Bowls. It was duskish when he came home; he vvent to Bed about 12, and was not one hour absent. That this VVitness went about Twelve to Bed also, and saw him no more that night: so that she concludes he was in Bed, because the passage to his Chamber was through hers. It was then demanded of Prance, vvhat made him deny what he had said? who Answered, that he was afraid of losing his Trade, and that he had not as then his Pardon. Mr. Prance was then asked at the Instance of Mrs. Hill, if he had not been tortured to make him say this; for it was the talk of the Town, and he was heard to cry out? who declared himself, that Capt. Richardson had used him very kindly, and let him want nothing. Upon Prances denial of this, Mrs. Hill ex­claimed, that the VVitnesses were not duly Examined; and so called Mr. Chevins, who could say only this, That he had heard Mr. Prance deny all.

The Kings Council having heard the Prisoners and their VVitnesses, The Priso­ners all found Guil­ty of Mur­ther. summ'd up the Evidence: And the Lord Chief Iustice gave directions to the Jury; who brought them All in Guilty, and they receiv'd Sen­tence, the day following, to be severally hang'd by the Neck till they were dead. And upon the One and twentieth of the same Month they were accordingly Executed.

ON the Eighteenth of Iuly 1679, Sir George Wakeman, William Rumly, William Marshall, and Iames Corker, were brought to their Trials at the Sessions-house in the Old-Baily, The Cause of Indict­ment. upon an In­dictment for Conspiring the Death of the King, and the Subversion of the Government, and the Protestant Religion. But Iames Corker was first brought to the Barr, having been arraigned the former Sessions. The Jury being Sworn, and Admitted without Exception, the Kings Council (as is usual) opened the Indictment, and Mr. Dugdale was first produced and Sworn. And first as to the Plot in general,

Mr. Dugdale deposed, Mr. Dugdale drawn into the Plot. That he had some inckling of the Plot Seven years ago, but that Ewers, Gavan, Peters, Leueson, &c. had more par­ticularly acquainted him with it, about two years since, and drew him into the Design upon the Government and Religion, and upon killing the King, and the Duke of Monmouth. That all Harcourts Letters were directed to the VVitness, Eight or Nine at a time; and almost all of them were concerning the Plot.

The scope of the Letters were to Instruct Ewers how to proceed to­wards the getting of Money, The scope of Harcourts Letters. and engaging the Gentlemen of the Coun­try, to serve as Officers in the Army, which was to be raised upon the death of the King. That he saw Receipts from St. Omers of Money paid to that end. That he received a Letter directed to himself, which came from Harcourt; but who wrote it he could not say, or if it had any date or no; only he supposes that it came from beyond-Sea to London, and so to him. It gave Caution to say nothing of Arms, till the King was dead. He deposed a Correspondency thrice a week betwixt the Con­spirators in London and the Staffordshire Agents: and in a Letter from Whitebread, Ewers was charged to choose stout and hardy men, Bold Let­ters sent by the Common Post. 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.

[Page 75] He deposeth also, Several De­signs upon the King. 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, The Letter about Sir Edm. God­frey. 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, Mr. Dugdale gives 400 l. to pray for his Soul. 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, Corkers Ob­jection a­gainst that Letter. 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. Mr. Dug­dales An­swer. 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, Corkers Ob­jections to the story. 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 [Page 76] 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; Why by the Common Post. 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, The Black Cross upon Whitebreads Letter. 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, Fifty thou­sand Men to be arm'd. 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, Mr. Ienni­son's Evi­dence a­gainst Ire­land. 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, Mr. Ireland positively Here, Aug. 19. 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 as a most eminent Confutation of what Ireland affirmed at his death: which was, that betwixt the third of August, and toward the middle of September, he was never in Town, but all that time in Stafford-shire. Mr. Iennison then proceeding, That upon the 19 th aforesaid, he saw Mr. Ireland draw off his Boots at his own Chamber, upon the Frame of a Table, as the Witness remembers, being come post (as he said) out of Stafford-shire betimes that Morning. That the VVitness telling him (upon his question where he had been, [Page 77] and what news?) that he had been at Windsor, and that the King was early up in a Morning, went a Fishing and Hawking: the VVitness telling him, of his own accord, that his Majesty had but very little Company with him. Mr. Ireland reflected upon the Kings going so thinly guarded, The King easily taken off. saying, that he might be easily taken off. The Witness replying, God forbid: and then Mr. Ireland smoothing it over, this Witness thought no more on it, till the Plot was discover'd; and then he told his Father and his Sisters this discourse, saying, that it was very suspicoius. This VVitness was very sure it was the 19 th, and knew Mr. Ireland very well, having been acquainted with him a year and an half: And he went out of Town September the 4 th into the North. Mr. Corker asking the VVitness, when he turned Protestant? and ob­jecting, that he did not for sake his Religion till he found it might be for his advantage.

Mr. Bowes was then Sworn; who declared, that he saw Mr. Iennison in Tunbridge about the beginning or middle of August: That he went then from Tunbridge. That the VVitness went to Windsor, August the 12 th or 13 th; and that Mr. Iennison came to Windsor when the Witness was out of Town.

Mr. Burnett deposes, That about the middle of August, (the very day of Dachett-Horse-Race) he met Mr. Iennison on his way to Windsor. The Court declaring this to be a point, that did not concern the Prisoners, but to shew the falsity of Irelands affirmation.

Dr. Oates then made Oath, Dr. Oates's Evidence against Sr. G. Wakeman. That Mr. Ashby coming sick to Town in Iuly, Sir George Wakeman prescribed him a course, how he should go­vern himself both before he went to Bath, and There. That he should take a pint of Milk morning and evening, and drink nothing else in the Morning; and at the Bath to have a hundred strokes at the Pump: Sir George telling him in this Letter who would help him to poyson the King. Some two days after, the VVitness saw Sr. George lay by his Pen, and leave the Paper upon the Table with the Ink wet upon it, which was an Apothecaries Bill, (as he supposed) and the same Character with the Letter to Mr. Ashby: and the VVitness swears, that as Sir George wrote, Mr. Ashby discours'd to him of a Commission received for Physitian to the Army; which the Witness saw at Mr. Ashby's in Sr. George's hand▪ He deposed further, That he heard One promise to help Sir George in the promoting the Catholick Cause, and in the poysoning of the King; and that he heard Ashby, in the Provincials Name, offer 10000 l. to Sir George for his reward. This was in Iuly: Harcourt, Fenwick, Ireland and the Witness present.

He deposeth, Concern­ing the 15000 l. that Sir George said, That it was not enough for poysoning the King, and so refused it; and that the Fathers met on purpose to deal with Sir George about it, before Mr. Ashby went to the Bath, and that upon Sr. George's Refusal, they acquainted Mr. Whitebread with it; who presently gave the London-Fathers Commission to offer 5000 l. more; which, as this VVitness is informed, was accepted; and 5000 l. of it paid down: The VVitness having seen Sir Georges Name subscribed to the Entry-Book; wherein was specified such a proposal to Sr. George, with his Acceptance of 5000 l. and Receipt in part of 15000 l. the Re­ceipt from Harcourt by Colemans Order; and the Goldsmith, as this VVitness remembers was Stayly, Sir Georges hand to the Receipt, with a Memorandum of the day (in August) when it was propounded, and accepted. The Entry-Book it self being in the Fathers custody, at Wild-house; but who kept it this VVitness could not say; only that Mr. Langhorne had it sometimes, and that the Acceptance and Receipt were entred the same day.

[Page 78] Dr. Oates saith not that he ever saw Sr. George write, Sr. G. Wake­mans Letter. but that he saw him lay aside a Pen, and a Paper newly written, and no body by that could write it but himself. And Sr. George charging him with declaring, that he did not know the Prisoners hand; the Doctor affirmed, that a Letter that he saw signed G. Wakeman, was the same hand-writing with that of the Receipt, and the Physick-Bill. Sir George demanded a positive Answer, The Doctor, charg'd with a Con­tradiction. If the VVitness had not deny'd the knowledge of his Hand, and the knowledge also of his very Person, before his Majesty and Council? To which Dr. Oates made Answer, That he was so doz'd with sitting up, and his Intellectuals so disordered for want of sleep, that perhaps he might speak short before the Council; Doz'd with setting up. but now that he had light to see Sr. George's face, he could say more to him. The Doctor affirming the Prisoner to be the same Gentleman, and desiring that what he had to ask might be put to the Court; the Doctor not calling to mind whether he said he knew Sir George, or not: but affirming this to be the person that was called Sir George Wakeman, but not able to say that it was the person that attended the Council, when the Witness was there. The Doctor deposing likewise, that he saw Sir George two seve­ral days at Mr. Ashbyes Chamber; and that he never saw him before, and but once after, which was at Wild-house when the 10000 l. was offer'd; where Mr. Ashby lay in Iuly, before he went to the Bath, which was about the end of Iuly, or beginning of August; his stay in Town being about fourteen or sixteen days.

The Prisoner asking the VVitness then, Sir. G. Wake­man not committed by the Coun­cil. if he knew all this when he was before the Council, why he said there that he knew nothing of the Pri­soner, but about one Letter from Ashby to Fenwick? And objecting, That if this Evidence had been given there, he must doubtless have been Committed; but the Prisoner was directed, to reservo what he had to say till his proper time; and the Doctor referred his Answer also to its proper place.

Touching Mr. Corker, Dr. Oates against Corker. Dr. Oates deposed him to be a Benedictine Monk, privy to the 6000 l. raised for This designe: And that in August last he sent his Consent out of Germany, to the proposal of raising it; being President of the Benedictines. That he gave the English Monks in Paris, and La Chaise, an Account how Matters went forward in England, and that he had a Patent to be Bishop of London; which the VVitness saw in his own hands.

That this Letter out of Germany he had seen, and that it was addressed either to Hitchcott, or another Father in London.

The Witness deposing moreover, Corker's Let­ter out of Germany. That as he remembers, Mr. Corker went over in Iuly to Lamspring in Germany, but that in Iune he saw him with Mr. Fenwick, and that upon discourse about some body that was behind in his Pension, Mr. Corker gave Mr. Fenwick an Order for some 20 or 25 l. to be received of Mr. Langhorne; the Order subscribed Iames Corker: the VVitness first seeing this Order. And another time, his Name to an Examination, which agreed with his Letter from Germany. Deposing further, that the Prisoner disposed of several parcels of Money, as he said, for the advancing of the Design.

That the Prisoner was also privy to the Consultation of April, Privy to the April Consult. and ex­cepted against the Choice of Pickering to kill the King, because while he was attending at High Mass, an opportunity might be lost. That this Exception was at the Convent in the Savoy, to the VVitness himself, and at the same time, when he gave Fenwick his Order for Money: The 6000 l. was to be advanced upon the Benedictines Estates; and the Wit­ness believed it was paid, for the Fathers acknowledged the Receipt of [Page 79] it, and that though Mr. Corker was against Mr. Pickerings doing of it, he did yet approve of the thing it self.

Dr. Oates charged Mr. Marshall also with being present when the 6000 l. was resolv'd upon, Mr. Marshal charged. and with Pickerings design upon the King, making the same Exception against him with Corker; but he could not say positively that Mr. Marshal was at the Consult.

Dr. Oates deposed, That Mr. Rumley knew of the Consult for the 6000 l. being either a Benedictine Monk, or a Lay-Brother: believing that he consented to it, because he prayed for the success; and that this was in August.

The Prisoners being now allowed to make their Objections, The Priso­ners De­fence. Mr. Corker inform'd the Court, That Lamspring was not in Germany (as the VVit­ness said) but in Westphalia; and urg'd an Inconsistence of that story, and his seeing La Chaise. To which Dr. Oates reply'd, that it was usual with them to say they would go to one place, when they went to another.

Dr. Oates call'd one thing more to mind; Dr. Oates knowledge of Mr. Mar­shal. that Conyers laying a wager with another Gentleman, that the King should eat no more Christmas-pyes; Mr. Marshall went half with Mr. Conyers that he should not.

Mr. Marshall ask'd, how long the VVitness had known him, and where he had ever been with him? Dr. Oates answering, that he had seen him often at the Altar, but had no acquaintance with him: That he had known him off and on two years, but never heard him speak till the time of the wager; but had only a knowledge of him by sight. Mr. Marshall, seeming to admire that the VVitness taking him to be in the Plot, should never converse with him. Mr. Marshall demanded the Time, and the Place of the Consult? which the Doctor told him was in August, and either the day before or after the Feast of the Assumption; and the Place the Savoy.

The VVitness charged the Prisoner also with another Consult in Aug. Several Con­sults charg'd upon the Prisoner. (of the 21; the former being the 15 th:) at which time came Letters from Talbot of the State of Ireland. It was dated from Dublin; but it was not tax'd at the Post-Office as an Irish Letter. He also deposed, That there were some Benedictines and Iesuites, and Mr. Marshall in the Com­pany; who agreed, at the same time, about sending Commissions for the Army-Officers: The Letter was read at the Convent, and the Commis­sions order'd for Ireland; and the poysoning of the Duke of Ormond was also agreed upon.

Dr. Oates was ask'd the time of Pickering being taken; Questions to the Do­ctor about Pickering. And the Consults. and if he himself was present? who Answer'd, that he was taken upon Michael­mass Eve, or Morning, and that he the Witness was there. It was de­manded of Dr. Oates, what Consults he was at? who Answer'd, that there were two Consults of the 15 th and 21 of Aug. but that the Wit­ness was not at the Consult for the 5000 l. to Sir George Wakeman.

Mr. Bedlve deposed, Sr. G. Wake­man's Bill for 2000 l. That about the beginning of August last, he the Witness, was at Mr. Harcourts Chamber, and Sir George Wakeman came thither after, much out of humor; and asked Mr. Harcourt, if he had not something for him? Whereupon Mr. Harcourt demanding of him, how he went on? Sir George answer'd him short, that that he did not know whether he should go on or no; for he did not love to be trifled with in such a business? Stay Sir George (says Mr. Harcourt) things are better than you imagine; and so took some Papers out of his Cabinet, and a small Bill, asking Sir George what readiness he was in; for (says he) we have been ready a good while. Sr. George asking Harcourt what that Bill was? he said it was a Bill of 2000 l. from a Person whom this VVitness [Page 80] has forgot, and drawn upon a Goldsmith (as he believed) somewhere near Temple-Barr. That Sir George reading it, and discoursing upon it, enquired of Mr. Harcourt, who this VVitness was? Mr. Harcourt telling him, that it was a Friend had been long in the Plot, and was to have a very great part in it himself. Sir George then telling him (as this VVit­ness deposes) that if the Bill were accepted, he should hear from him suddenly; and so he went his way: This VVitness going presently after him; and meeting Sr. George Wakeman again, betwixt the Queens-head and Chancery-lane; from whence the VVitness concluded it to be near Temple-barr, (Mr. Harcourts Lodgings being but in Duke-street,) Sir George told the VVitness, That the Bill was accepted, and that After­noon the Money should be paid. This Deponent affirming, that he had known Sr. Geo. a matter of 5 years, though not much acquainted with him.

He deposeth further, Two thou­sand pounds for the pre­sent, in part of more. That upon asking whether or no This was in part of the 15000 l. Mr. Harcourt made Answer, that it was only for the present; the other being not settled as yet: But the VVitness affirms, that shortly after it was made 5000 l. and that Mr. Harcourt told the De­ponent, that it was all upon the same account: And if Windsor and This should both fail, the work would be done at New-Market.

Mr. Bedloe deposed, Letters and Discourses about the Plot. That he had been once in Company with Mr. Corker, Keines, and Le Fevre, at Somerset-house; and that he did not hear any thing from Mr. Corker, that pointed directly at the Murther of the King; but that he heard Corker and Le Fevre talking in general a­bout the Plot, and Letters of Intelligence; and talking of raising an Army, and who were sent to agitate in the Country; what Interests they had made, and the like. And this was about Iuly was Twelvemonth.

Mr. Bedloe moreover deposeth, How Mr. Bedloe know Mr. Marshal That he knew Mr. Marshall, when he saw him in the Gate-house; and that he had been in his Company in La­tham's Chamber several times; that he carried several Letters to the Catholick Party that were in this Design; which Letters this Witness brought over from beyond-Seas; and more particulary one to Sr. Fra: Ratcliffe. That all the Letters this Witness brought to the Fathers, spake to the point of Subverting the Government, and Religion of England. that Mr. Marshall was of the Club, that saw the Letters, and examin'd the Answers: and that to this VVitnesses knowledge, the Prisoner sent Letters twice concerning the destruction of the Government, and the bringing in of Popery.

Mr. Bedloe could say nothing positively as to Mr. Rumly; Little a­gainst Rum­ly. but that he had heard of his sending of Letters, and of his being intrusted when any Secret ones were sent; but that he could not swear Mr. Rumlyes privity to any Letters relating to the Plot.

Sir G. Wakeman ask'd Mr. Bedloe what day it was that he saw him with Harcourt when he read the Bill; Questions about Sr. G. Wakemans Bill. and how he knew it was for this Mony? and what acquaintance the Prisoner had with the Witness? To vvhich Mr. Bedloe answer'd, that it vvas about the beginning of Aug. and he knevv it to be a Bill, for the Prisoner read it aloud, and that though the Witness had no acquaintance vvith him, yet Mr. Harcourt inform'd him vvho the VVitness vvas.

Sr. George urging, Sir G. Wake­man's Ob­jection. hovv unlikely it vvas that he should put his life into any mans hand at first sight: But Mr. Bedloe reply'd, that he vvould have done a great deal more upon Mr. Harcourts Security. Adding, that he had forgotten the Goldsmiths name, and the Gentlemans who subscribed the Note: also affirming, that though Sr. Geo. would not own the knowing of him, yet he had been the Witnesses Physitian at the Bath about 2 years ago. Sir G. Wakeman reflecting upon several marks of Falshood in the E­vidence.

[Page 81] Mr. Marshall urg'd Mr. Bedlow to say when ever he saw him, The Prisoner denies the Witnesse's knowledge of him. before he came to him in the Gate-house; deni'd his owning the knowledge of him; and affirmed, that Mr. Bedlow acknowledged himself a Stranger to the Prisoner; appealing to those in the Prison that heard it. And likewise the Prisoner affirmed, that Mr. Bedlow, coming to him, used these words, Mr. Marshall, do not fear, for I will not hurt you: and so prest it upon Mr. Bedlow to say, where ever he had seen him.

Mr. Bedlow's Answer was, that he had seen him at the Benedictines in the Savoy; The Witness affirms the contrary. and that the first word the Witness said upon coming into the Gate-house, was This is Mr. Marshall, that us'd to carry Letters to such and such: referring himself to Sir W. Waller to attest it.

Sir W. Waller gave Evidence, that Mr. Bedlow, Sir. W. Wal­ler speaks to the point a­bove. in his hearing, in the Gate-house, spake to the Prisoner, asking him, Mr. Marshall, do not you know me? and Mr. Marshall answered, that he did not know him; but yet that he had seen him, Mr. Marshall suggesting to Sir William, that Mr. Bedlow was gone before he came in; and Sir William affirming, that he was with Mr. Marshall before Mr. Bedlow came in. Mr. Marshall in­sisting upon it, that he was in a private Room with Mr. Bedlow; and that Sir William asked the Prisoner, in the Common Hall, if Mr. Bedlow had not been there; who told him, Yes: and that those in the Gate-house did know that the Prisoner had been private with Mr. Bedlow before Sir William came in.

Mr. Bedlow deposed, Mr. Bedlow affirms that he knew Marshall. that going, by Order, to see the Prisoner, he met Sir William Waller, and went in with him; and that they were onely with the Prisoner in the Common Room; Sir William withdrawing to one end of it, while the Witness asked the Prisoner some questions; and Mr. Bedlow calling the Prisoner by his name, upon the first sight of him. Sir William Waller also affirmed, that Mr. Bedlow did ask him if his Name was not Marshall.

Mr. Marshall telling Mr. Bedlow, Mr. Marshall denies it. that he was first with him in a Room on the right hand, where his Guards were; Mr. Bedlow denied that he knew any such Room: and Mr. Marshall pleaded for himself, that he had no proofs there, because he could not imagine that such a thing would have been mentioned. The Prisoner said, that Mr. Bedlow came to the Gate-house a meer Stranger to him: and that Mr. Bedlow asking him, Did not you send to such a one to have Mr. Bedlow questioned about such and such things? the Prisoner denied it; and the Witness did not so much as pre­tend to have any knowledge of him. Besides, that he might learn his Name from those that took him: For he deliver'd himself up a Prisoner, by the name of Marshall, (though he was otherwise called Marsh): remitting himself to the people in the Gate-house for the truth of what passed there. And that the Witness had him have a good heart; for he should have an Ho­nourable Bench, and a good Iury. Mr. Bedlow comforts the Prisoner. But Mr. Bedlow, on the other side, af­firmed, that without hearing of his Name at all, he said, as soon as ever he saw him, This is Marshall, the Benedictine: and moreover, that he had seen the Prisoner at the Savoy, and at other places. Marshall bidding him name any other place, and he would suffer Death for it. But Mr. Bedlow would not be positive in any other place. Their ac­quaintance at the Savoy. The Prisoner positively de­nies it. But that he remembred the Savoy more remarkably, as the place of their Consults about the Letters he carried thither; and that it was there he had the greatest Conversation with the Prisoner. Mr. Marshall telling the Witness, that if he could but make it out by any Creature, that ever he, the Witness, was in the Savoy, he would submit to be hang'd, without a word speaking. Mr. Bedlow re­plying, First, that he had Witnesses, though they were not at hand; and then that it was a thing sworn before the Secret Committees. But howe­ver, [Page 82] the Witness nam'd his Landlord, as one that had been often with him there in the Convent; and with his Maid that carry'd the Portmantle with his Letters beyond Seas. And moreover, that he lodg'd some six months in the Savoy at one Woodroff's. The Prisoner asking him if it were there that he saw him: Mr. Bedlow said, No; for onely Monks and Messengers came thither. The Prisoner asking him also, if he were present at the search of the Savoy: he said he was not, but yet that he gave directions to Sir William Waller where to look.

Sir William Waller deposed, that he had his Directions from Dr. Oates and Mr. Bedlow where Pickering lay, The Savoy search'd by Dr. Oates's and Mr. Bed­low's Direc­tions. and to search such and such places, and by those Directions he searched the Savoy: and that this Description was made before Mr. Marshall was seiz'd some two or three days. Upon which, it was urg'd that such a Description could not be made by one that, had not been there. To which Mr. Marshall reply'd, that Dr. Oates had search'd there before, and inform'd Mr. Bedlow, as might be well enough imagined, both of them joyning in the same Charge: and suggesting, how easie it was to describe a house by Hearsay. Mr. Bedlow did here declare, that it was he that gave Sir William Waller notice to search particularly un­der such a Bench in Pickering's quarter, for the Gun that was made choice of to Kill the King; and the Gun was found accordingly.

Upon some question of Particularities in the Evidence, Mr. Bedlow's Evidence a­gainst Sir G. W. repeated. 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, Sir G. Wake­man's Letter to Ashby. 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, Produced, and Justi­fy'd. 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.

[Page 83] Mr. Chapman was ask'd, Dr. Oates in­sists upon a­nother Letter. 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, Sir G. owning One, and no more. 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, Sir George's Servant proves the Letter. 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, And Eliza­beth Heven­ingham. 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, Sir G. Wakeman's De­fence. 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, The Dr. ex­cuses his O­mission be­fore the Coun­cill. that Sir G. W. was left at liberty, because the Wit­ness was so weak, and distemper'd with watching and toiling about, that [Page 84] 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, Dr. Oates's Deposition against Sir G. W. before the Councill. who informed the Court, that Dr. Oates made Oath before the Council, Sir George Wakeman's Reply. 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, Dr. Oates explains himself. 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: No mention of Sir George Wakeman's Letter, before the Council. 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, 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, A Copy of­fer'd of the Lords Re­cords. 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, [Page 85] 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: Mr. Rumly clear'd. but the Court fin­ding that he had no need of them, the Prisoner wav'd them.

Sir Thomas Doleman made Oath, Dr. Oates ve­ry ill and weary before the Council. 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, Sir George Wakeman's Plea before the Council. 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, Mr. Corker's Plea and Ar­gument. 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; Sir George Wakeman's Observation upon the Doctour's Narrative. 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.

[Page 86] Mr. Corker suggested divers Mistakes of Dr. Oates's: Mr. Corker reflects upon Dr. Oates's Mistakes. as his charging the Prisoner with the denial of a Truth before a Justice; wherein the Priso­ner clear'd the Errour: and then the business of his going to Lamspring. But these were look'd upon as matters of no weight. The Prisoner then reflected upon the Doctour's deposing him to be President of the Congre­gation; whereas Stapilton is known to have been President of it for se­veral years past. And says, that if this Prisoner be not President, Dr. Oates's Accusation of the Benedictines waiting for his Consent, must fall to the ground.

The Prisoner being put to prove who was the President of the Order, Mr. Corker denies all. not being provided with Witnesses at hand, spake himself; denying any Letter, either written, or received, as was suggested; any privity to such a Consult about the Mony; or any necessity for his being at it, if the thing had been true. And arguing, that in reason, if he had been in the Conspiracy with Pickering, when Pickering was taken, he would certainly have fled.

And as to his Exception against Pickering, He says that Dr. Oates did not know him. because no Lay-brother; the Dr. knowing Pickering so well, and himself being present at the taking of him, it seemed strange that he should neither know, nor charge, nor ap­prehend him the Prisoner, untill near a Month after: especially the Offi­cers coming to this Prisoner's Chamber, when they seiz'd Pickering. But Dr. Oates, hearing afterward that the Prisoner had lodg'd there, enter'd him in his List, and so took him. Whereas, if (as Dr. Oates says) the Prisoner was a Fellow-Criminal with Pickering, he being then in quest of the Conspiratours, it was his duty to have taken them both together. Beside that the Prisoner's Name not being upon the Doctour's Catalogue, he thought might acquit him.

But the Prisoner being over-rul'd in it, that what he offer'd, was no Evidence, he recommended himself to the Jury, to lay it to their Consci­ences, whether they did not assent to him in the Truth of this matter.

Mr. Marshall being now ask'd what he had to say, spake to this effect: Mr. Marshal's Defence. That upon notice, a month agoe, of coming speedily to his Trial, he had bethought himself of his Defence; and with good hope to acquit himself. But reflecting upon the Issue of the late Trials, he had once resolved to submit all to the Sentene of the Court and the Jury, without a word speaking. But that being now encourag'd by the Candour and Equity of the Proceeding, he made it his humble suit to the Honourable Bench, to take into their own Menage the Cause of the Prisoner. Passing from thence to a slight reflection upon Dr. Oates and Mr. Bedlow; and then re­ferring to the Unconcernedness upon him at his Apprehension, there being no Warrant out against him, nor any Charge of Treason lying upon him: But that coming by chance to enquire for one where they were upon a Search, though he saw the Officer at the door, and Candles up and down the house, yet he went forward; as all the people can testify, and Sir Willam Waller also, that took him.

Sir William Waller being called, Sir William Waller speaks to the man­ner of Ta­king him. deposed to this point, that going to search there, he gave order to one at the door to let nay body in, but no body out: and that the Prisoner came and knockt at the door, (as Sir William supposed,) not knowing of any Search in the house. But being let in, and finding how it was, he did what he could to get away again.

But Mr. Marshall begging pardon for the Contradiction, Mr. Marshall defends him­self. affirmed with a solemn asseveration, that he enter'd without knocking, (the door being o­pen) and so went in of his own accord, as the Constable would bear him Witness. And for his endeavour to get away again, he affirm'd, that while they were searching within, he continu'd in an Out-room, the Constable and others with him wondering, when he came back, that the Prisoner was [Page 87] not gone. The Prisoner affirming likewise, that he was left at the door alone: and beside, that he could have slipt out at another door, into an Alley, which he had the trick of opening while a man might speak three words. The Prisoner insisting upon this Confidence, as an argument of his Inno­cence: saying farther, that be was spoken to to take off his Perriwigg, and stand with his back to Sir William and Dr. Oates; which the Prisoner did not understand. But Sir William being so kind afterwards as to see him at the Gate-house, with two worthy Gentlemen, Sir Philip Matthews and Sir Iohn Cuttler, upon the Prisoner's affirming that Dr. Oates was wholly a Stranger to him, the Prisoner was told, that Dr. Oates (as a token that he knew him) describ'd a certain Mark upon the Hind-part of his Head: the Prisoner offering himself to the Company, to see if there were any such thing or no. The Prisoner did now desire, that Dr. Oates might give an accompt of that Mark; and that the Jury would believe of him according as they found it true or false. Sir William Waller inform'd the Court, that he knew nothing of any Mark; but that Dr. Oates, when he came in, call'd the Prisoner by his name. Mr. Marshall excus'd the Trouble he had given the Court, his Defence depending upon the Proof of Doctour Oates's being a Stranger to him; desiring the Jury to observe, that such a Description was given; Sir William Waller owning a desire to see him with­out his Perriwigg, to look if he had a Shaven Crown: which Mr. Mar­shall said, Sir William must needs know could not be; it being an ex­perss Caution, that no Religious wear any such Testimony of his Profes­sion, in England.

Mr. Marshall inform'd the Court, Mr. Marshall appeals to Sir William Waller. that upon Dr. Oates's first Evidence against him, he desired Sir William, that it might be put in writing: which Sir William refused; but promised to commit it to memory. Hereupon the Prisoner did now adjure Sir William as a worthy Gentleman, and as he should answer for it at the Last day, to be as good as his word. The Pri­soner said farther, that Dr. Oates looking hard upon him, askt him what his Name was: which shew'd him to be a Stranger. And upon the Priso­ner's owning his Name to be Marshall; Dr. Oates told him, that he was call'd Marsh. Urging it, that Dr. Oates seeing the Prisoner; saying that he did not know them; leaving them in bed, and at liberty to be gone; and he himself declaring that he was looking for Traitours; the Priso­ner left the Jury to judge, whether he had any thing to charge upon them. Sir William Waller protested solemnly, that there was nothing of all this. Marshall exclaiming, that he was astonish'd; and affirming, that upon a Controversie with Dr. Oates about it, Mr. Gill the Constable averr'd it, and promised to attend in Court to make it good. The Pri­soner averring, that he askt Dr. Oates why he did not seize him before, when he was searching for Traitours, if he knew the Prisoner to be a Traitour: whose answer was, before Sir William, that at That time he had no Commission to seize him. But Sir William remember'd nothing of This neither. Mr. Marshall then ask'd Sir William, if he remember'd what Dr. Oates said upon a question of his seeing the Prisoner last Summer; which was, that he saw him Iune, Iuly, and August. Sir William Waller calling to mind something of That; Mr. Marshall averr'd that he could prove himself in Warwickshire all those three Months; but that his Wit­nesses were not here; and that it was impossible to foresee what points would come in question. Whereupon he did submissiverly desire respite of the Court, for the producing of his Witnesses.

The Prisoner recommends over again the consideration of the False Mark; The Prisoner recommends himself to the Court and Iury. the Dr's. finding him in bed, and yet not knowing him; his point­blank Evidence upon August 21; and the most certain means he had of Dis­proving [Page 88] it: still insisting upon a very short time to bring up his Witnesses.

Mr. Corker minded the Court of the Officers, Witnesses for the Prisoners. and others, that said, up­on the taking of Pickering, that they had nothing to say against the Pri­soners; which a Servant of the house was then ready to attest.

Elenor Rigby informed, that upon the Search in the Savoy, Marshall and Corker were both in bed, at the same time when Pickering was taken: and that the Company ask'd the Name of the people in the house; and that this Witness named to them Pickering, Marsh, Corker, and others. They declaring (Dr. Oates among the rest) that their business was onely to Picke­ring.

Upon the Question, Corker not President, as pretended. who was President of the Benedictines, the Wit­ness answered, Mr. Stapilton; and that he had been so several Years: and that she was certain that Corker never officiated in that place. And being ask'd, if ever she had seen Dr. Oates or Mr. Bedlow there in the house; she (the Witness) answer'd, that Dr. Oates came to Mr. Pickering for a Charity that Summer was twelvemonth; and that Mr. Pickering forbad his coming into the house. Mr. Marshall collecting from that Evidence, that This being charg'd for the very Nick of time to advance the Plot, it was not probable that they would treat so necessary an Instrument in it at that rate. The Pri­soner repeating his desire onely of 3 or 4 days time, to provide his Wit­nesses: reasoning upon the Thing, that if his Life might justly be sav'd, he did presume that the Court would not have him lose it. But it was urg'd, on the other side, that he had notice long enough to have brought them up; and that the Iury must be now kept together till they give up their Verdict.

Mrs. Elizabeth Shelden informed, Mr. Stapilton President of the Benedic­tines, that Mr. Stapilton was at present (and had been for four or five years last past, to her knowledge) President of, the Benedictine Monks. And Alice Broadhead informed likewise to the same effect. Upon which Evidence Mr. Corker raised this Inference, That Dr. Oates's Accusation was of no validity, depending wholly upon the Prisoner's be­ing President, and consenting to the Plot under that qualification.

Sir George Wakeman, The Priso­ners plead Innocence. with a soleman Imprecation, disclaimed all the Crime in this matter that was charg'd upon him. And so likewise did Mr. Corker: renouncing both the Doctrine of moving a Sedition for Reli­gion; and all power of Dispensation for so doing. Mr. Marshall was more Copious and Rhetorical; and more upon Perswasion then Defence. So that the Lord Chief Justice (after some short Remerks upon the Romish Principles) summ'd up the Evidence, And brought in Not Guilty. and gave directions to the Iury: who after an hour's Consideration returned the Prisoners Not Guilty.