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THIS Day being appointed for the Tryal of the Other of the Cauſes beTitus Oates, for Perjury: The ſame began about Nine in the Morning, and proceeded after this man
Firſt, Proclamation was made for Silence: Then the Deſendant was called; who, appearing in Perſon, was adviſed to look to his ChallenGrand Jury, that found the Bill? which was done: And all denying it, the Twelve ſworn were theſe:
Jurors.
Thomas Vernon, Knight.Nicholas Charleton, Eſq;Thomas Langham, Eſq;Thomas Hartop.
Francis Griffith.
John Kent.
George Toriano.
Henry Loades.
John Midgley.
John Pelling.
Thomas Short. And,George Peck.
Gentlemen, You that are ſworn; Hearken to the Record.
Memorandum, That by a certain Inquiſition for our Soveraign Lord the King, at the Guild-Hall of the City of London, and within the ſame City, on Tueſday the 28th. of October, in the 36th. year of the Reign of our Late Soveraign Lord Charles the Second, By the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. before Sir Henry Tulſe, Knight, Mayor of the City of London; Sir William Turner, Knight; and Sir James Edwards, Knight, Aldermen of the ſaid CiThomas Jenner, Knight, one of His Majeſties Serjeants at Law, and RecorRobert Jeffries, Knight; and Sir John Peake, Knight, oEngland, to Enquire of ſeveral Offences in the ſaid Letters Patents Contain'd, and to hear and determine the ſame, according to the Laws and Cuſtoms of this Kingdom, by the Oaths of 12 Jurors, Honeſt and Lawfull Men of the City of London, afore
THat at a certain Seſſion of our ſaid Lord the King, holden for the County of Middleſex, at Hicks's-Hall in St. Johns Street, in the County aforeſaid; on Monday, (to wit) the 16th. day of December, in the year of the Reign of our ſaid late Soveraign Lord, Charles the Second, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c. the 30th. before Sir Reginald Forſter, Baronet; Sir Philip Mathews, Baronet; Sir William Bowles, Knight; Sir Charles Pittfield, Knight; Thomas Robinſon, Ʋmphrey Wyrley, Thomas Harriot, and William Hempſon, Eſquires; Juſtices of our ſaid Lord the King; to enquire by the Oaths of Honeſt and Lawfull Men, of the County of Middleſex, aforeſaid; and by other wayes, manners, and means, whereby they might, or could better know, as well within Liberties as without; by whom the Truth of the Matter might be better known, and enquir'd of, concerning all Treaſons and Mispriſions of Treaſons, InſurEngland; and of any other Kingdoms, and DomiLetters Patents, of our ſaid Lord the King, to them, or any four or more of them, thereupon directed ſpecifyed: As alſo, the acceſſaries of the ſame, within the County aforeſaid, as well within Liberties as without, by whomEngland, aſſigned by the Oaths of Ralph Wain, John Vaughan, Richard Foſter, Thomas Paget, Robert Newington, Henry Tompkins, Robert Hayes, John Greenwood, Peter Stinyeſon, Joſiah
and Samuel Lynn; Honeſt and Lawful Men of the County aforeſaid, ſworn, and Charg'd to Enquire for our ſaid Lord the King, and the Body of the County aforeſaid, Upon their Oaths; it was preſented, That Thomas White, otherwiſe Whitebread, late of the Pariſh of St. Giles's in the Fields, in the County of Middleſex, Clerk; William Ireland, late of the Pariſh aforeſaid, in the County aforeſaid, Clerk; John Fenwick, late of the ſame Pariſh and County, Clerk; Thomas Pickering, late of the Pariſh aforeſaid, in the County aforeſaid, Clerk, and John Grove, late of the Pariſh aforeſaid, in the County aforeſaid, Gentleman: As falſe Traytors againſt the moſt Illuſtrious, and moſt Serene, and Excellent Prince, our ſaid late Sovereign Lord, Charles the Second, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c. their Supream and Natural Lord; not having the Fear of the Lord in their Hearts, nor weighing the Duty of their AlEngland, to diſturb; and the true Worſhip of God, within this Kingdom of England, uſed, and by Law Eſtabliſhed, to ſubvert; and Sedition and Rebellion within this Kingdom of England, to move, ſtir, and proApril, in the 30th. Year of the Reign of our ſaid late Sovereign Lord, Charles the Second, at the Pariſh of St. Giles's in the Fields aforeſaid, in the County of Middleſex aforeſaid; falſly, maliciouſly, ſubtily, adviſedly, and trayterouſly, did purpoſe, comEngland to move, ſtir up, and procure, and a miſerable Slaughter amongſt the Subjects of our ſaid Sovereign Lord the King, to procure and cauſe; and our ſaid Lord the King, from the Regal State, Title, Power, and Government of his Kingdom of England, wholly to deprive, depoſe, caſt down, and diſinherit; and him our ſaid Lord the King to Death, and final Deſtruction, to bring and put; and the Government of the ſaid KingReligion of God, in the ſame Kingdom, rightly, and by the Laws
England, through all its Parts, well InſtituEngland, to Levy.
And to compleat, and perfect the ſame their moſt wicked Treaſons and Trayterous Imaginations, and purpoſes aforeſaid; they, the aforeſaid Thomas White, otherwiſe Whitebread, William Ireland, John Fenwick, Thomas Pickering, and John Grove, and oTraytors, to the Jurors unknown, the aforeſaid 24th. day of April, in the 30th. Year aforeſaid, with Force and Arms, &c. at the Pariſh of St. Giles in the Fields aforeſaid, in the County of Middleſex aforeſaid; Falſely, Maliciouſly, Subtilly, Adviſedly, Devilliſhly and Traiterouſly did Aſſemble themſelves, Unite, and CongreEngland, rightly, and by the Laws of the ſame Kingdom eſtabliſht, to the Superſtition of the Romiſh Church, to change and alter: And the ſooner to compleat and perfect the ſame their moſt Wicked Treaſons, and Trayterous Imaginations, and purpoſes aforeſaid, the ſaid Thomas White, otherwiſe Whitebread, William Ireland, John Fenwick, Thomas Pickering, and John Grove, and other falſe TrayApril, in the 30th. Year aforeſaid, at the aforeſaid Pariſh of St. Giles in the Fields, in the County of Middleſex aforeſaid, Falſely, Subtilly, Adviſedly, MaliThomas Pickering and John Grove, Him our ſaid late Lord the King ſhould Kill and Murder; and that they the ſaid Thomas White, otherwiſe Whitebread, William Ireland, John Fenwick and others, falſe Traytors, to the Jurors unknown, a certain number of Maſſes, between them then and there agreed, for the health of the Soul of him the ſaid Thomas Pickering, therefore ſhould ſay, celebrate and perJohn Grove a certain Sum of Money be
And the Jurors aforeſaid, upon their Oaths aforeſaid, did further preſent: That the ſaid Thomas Pickering, and John Grove, upon the agreement aforeſaid, then and there falſely, ſubtilly, adviſedly, maliciouſly, devilliſhly, and trayterouſly did take upon themſelves, and to the ſame Thomas White, otherwiſe Whitebread, William Ireland, John Fenwick, and other falſe Traytors, againſt our ſaid Lord the King, to the Jurors aforeſaid unknown, then and there falſely, ſubtilly, adviſedly, maliciouſly, Devilliſhly, and Trayterouſly did promiſe that they the ſaid, Thomas Pickering, and John Grove, him our ſaid late Lord the King would Kill and Murder: And that they, the ſaid Thomas White, otherwiſe Whitebread, William Ireland, John Fenwick, Thomas Pickering, John Grove, and other falſe Traytors againſt our ſaid Lord the King, unApril, in the 30th. Year aforeGiles in the Fields, in the County of Middleſex, aRomiſh Religion within this Kingdom of England to be uſed to Introduce, and the true Reformed Religion within this Kingdom of England rightly, and by the Laws of the ſaid Kingdom Eſtabliſht, to alter and change: And that the ſaid, Thomas Pickering and John Grove, in Execution of the Trayterous agreement aforeſaid, afterwards (to wit) the ſame 24th. day of April, in the 30th. year aforeſaid, and diverſe days, and times after, at the aforeſaid Pariſh of St. Giles in the Fields, in the County aforeſaid; Muskets, Piſtols, Swords, Daggers, and other offenſive and Cruel Weapons, him the ſaid late Lord the King to kill and murder; falſely, ſubtilly, adviſedly, maliciouſly, devilliſhly and trayterouſly did prepare and obtain, had and kept for themſelves; and that they the ſaid Thomas Pickering, and John Grove, afterwards (to wit) the ſame 24th. day of April, in the 30th. year aforeſaid, and diverſe days and times af&c. at the Pariſh aforeſaid, in the County of Middleſex aforeſaid, and in other places within the County of Middleſex aforeſaid, falſely, ſubtilly, adviſedly, maliciouſly, devilliſhly and trayterouſly did lye in wait and enThomas White otherwiſe Whitebread, William Ireland, John Fenwick, and other falſe Traytours to the Jurors aforeſaid unknown, afterwards (to wit) the ſame 24th. day of April, in the 30th. year aforeſaid at the Pariſh aforeſaid in the County of Middleſex: aforeſaid, falſely, ſubtlely, adviſedly, malicitiouſly and Trayterouſly did prepare, perNewgate, at Juſtice Hall in the Old Bayly, in the Suburbs of the City of London, in the pariſh of St. Sepulchre, in the Ward of Faringdon without, London; the 17th. day of December, in the 30th. Year aforeſaid; before the Juſtices of the ſaid Lord the King, of the ſame Goal-delivery; then and there held, by Adjournment of the County of Middleſex aforeſaid, came the ſaid William Ireland, Thomas Pickering, and John Grove, under the Cuſtody of Sir Richard How, Knight; and Sir John Chapman, Knight, Sheriff of the County of Middleſex aforeſaid; into whoſe Cuſtody, for the Cauſe aforeſaid, they were before committed: Being brought to the Bar there, in their proper Perſons; and preſently being ſeverally asked concerning the Premiſes above Charged upon them, how they would acquit themſelves; the aforeſaid William Ireland, Thomas Pickering, and John Grove, did ſeverally ſay, That they were not thereof Guilty; and for the ſame, for good and bad, they did ſeverally put themſelves upon the Country; and by a certain Jury of the Country, in that behalf duly Impanneld; Sworn and Charged then and there in the ſame Court, before the Juſtices of Goal-delivery aforeſaid, were tryed; and that upWilliam Ireland, Thomas Pickering, and John Grove at London aforeſaid; to wit. at the Juſtice-Hall in the Old-Baily, aforeſaid; in the Pariſh of St. Sepulchre, in the Ward of Faringdon withLondon aforeſaid; The Defendant (Titus Oates) late of the Pariſh of St. Sepulchre aforeſaid, in the Ward aforeſaid Clerk, was produced as a Witneſs, on the part of the ſaid late Lord the King, upon the Tryal aforeſaid; and before the ſaid Juſtices of Goal-Delivery, in the Court aforeſaid, then & there held, upon the Holy Goſpels of God, was duly ſworn to ſpeak and teſtify the Truth, the whole Truth, and nothing but the Truth, of, and in the Premiſes between our ſaid Lord the King, and the ſaid William Ireland, Thomas Pickering, and John Grove: And that the ſaid Titus Oates then and there, in the Court of Goal Delivery aforeſaid, upon his Oath aforeſaid, upon the Indictment aforeſaid, at the Pariſh and Ward aforeſaid, by his own proper Act and Conſent of his moſt wicked Mind, falſly, voluntarily, and corruptly, did ſay, depoſe, ſwear, and give in Evidence to the Jurors of the Jury aforeſaid, then and there ſworn and Empannel'd to try the Iſſue aforeſaid between our ſaid late Lord the King, and the ſaid William Ireland, Thomas Pickering, and John Grove; That the ſaid William Ireland, in the Indictment aforeſaid, mentioned, was in Town (within the Cities of London and Weſtminſter, or the places adjacent to the ſaid Cities, meaning) upon the firſt or ſecond day of September, in the Year 1678. Whereas, in Truth and indeed, the ſaid William Ireland, in the Indictment aforeſaid, mentioned, was not in Town, nor within the Cities of London or Weſtminſter, or the Places adjacent to the ſame Cities; or either of them, upon the firſt or ſ cond day of September, in the Year 1678. And ſo the aforeſaid Titus Oates, the aforeſaid ſeventeenth day of December, in the Thirtieth Year aforeſaid, at the Juſtice-Hall aforeſaid, in the Court aforeſaid, upon the Trial aforeWilliam Ireland, Thomas Pickering, and John Grove, ſo as aforeſaid had, by his own Act and Conſent, and of his moſt wicked mind, falſely, voluntarily, and corruptly, in manner and form aforeſaid, did Commit Voluntary, and Corrupt Perjury.
And the Jurors aforeſaid, laſt ſworn to enquire for our ſaid Lord the King; and the body of the City of London aforeſaid, upon their Oathes aforeſaid, doe further preſent, That at another Seſſion of our ſaid late Lord the King, held for the CounMiddleſex, at Hickes's Hall in St. Johns ſtreet, in the County aforeſaid, on Thursday (to wit) the 12th. day of June, in the 31ſt. year of our ſaid late Lord King Charles the ſecond, before Sir Phillip Mathews, Baronet; Sir Thomas Orby, Knight and Barronet; Sir William Pulteney, Knight; Sir William Bowles, Knight; Thomas Robinſon, Thomas Harriot, Eſquires; and others their Companions, by Letters Patents of our
Great Seal of our ſaid late Lord the King, made to enquire, by the Oaths of good and Lawful Men, of the County of Middleſex aforeſaid, and by all other wayes, manners, and means, by which they might or could better know, as well within LiEngland, and of other Kingdoms & Dominions whatſoever; & of all Murders, Felonies, Man-ſlaughters, Killings, Burglaries, Rapes, Meetings and unlawful Conventicles; Speakings of Words, Combinations, Miſpriſions, Confederacies, falſe Allegations, Treſpaſſes, Riots, Routs, Retainers, Eſcapes, Contempts, Oppreſſions; and of other Articles and Offences in the ſame Letters Patents of our ſaid Lord the King, ſpecified; As alſo, the Acceſſaries of the ſame, within the County aforeſaid, as well within Liberties as without, by whomſoever & howſoever had, done, perpetrated or committed; & of other Articles & Circumſtances concerning the Premiſes howſoever; and the ſame Treaſons, and other the Premiſes, to hear and determine according to the Law and Cuſtom of this Kingdom of England; being aſſign'd by the Oaths of Henry Aſhurſt, Eſquire, Edward Gavell, John Radford, John Warral, William Hanmar, Robert Pritchard, John Tredder, Gilbert Ʋreweyn, David Collivex, Abraham Harriſon, Charles Morgan, Philip Trehearn, John Collier, Robert Whiterod, William Webb, Thomas Edwards and Abraham Tillent; honeſt and lawful Men, of the County aforeſaid, Sworn and Charged to enquire for our ſaid Lord the King, and the Body of the County aforeſaid; upon their Oaths, it was preſented, That Thomas White, late of the Pariſh of St. Giles in the Fields, in the County of Middleſex, Clerk, otherwiſe called Thomas Whitebread, late of the Pariſh aforeſaid, in the County aforeſaid, Clerk; John Fenwick, late of the Pariſh aforeſaid, in the County aforeſaid, Clerk; William Harcourt, late of the Pariſh aforeſaid, in the County aforeſaid, Clerk, otherwiſe called William Harriſon, late of the Pariſh aforeſaid, in the County aforeſaid, Clerk; John Gaven, late of the Pariſh aforeſaid, in the County aforeſaid, Clerk; and James Corker, late of the Pariſh aforeſaid, in the County aforeſaid, Clerk; as falſe Traytors againſt the moſt Illuſtrious, moſt Serene and Excellent Prince, our late SoCharles the Second, by the Grace of God, of England, Scotland, France and Ireland, King; Defender of the Faith, &c. Their Supreme and Natural Lord; not having the fear of God in their Hearts, nor weighing the duty of their Allegiance; but being moved, and ſeduced by the Inſtigation of the Devil, the Cordial Love, and true, due, and Natural Obedience, which true and faithEngland to diſturb; and the true Worſhip of God within this Kingdom of England uſed, and by Law eſtaEngland, to Subvert, and Sedition and Rebellion within this Kingdom of England, to move, ſtir up, and procure; and the Cordial Love, and true, and due Obedience, which true and FaithApril, in the 30th. Year of the Reign of our ſaid late Lord King Charles the Second, &c. at the Pariſh of St. Giles in the Fields, in the County of Middleſex aforeſaid, with diverſe others falſe Traytors againſt our ſaid late Lord the King, to the Jurors aforeſaid unEngland to move, ſtir up and procure, and a miſerable ſlaughter among the Subjects of our ſaid Lord the King to procure, and cauſe; and our ſaid late Lord the King, from the Regal State, Title, Power and Government of his Kingdom of England, utterly to deprive, depoſe, caſt down, and diſinherit; and him our ſaid late Lord the King to Death, and final Deſtruction to bring, and put; and the Government of the ſame Kingdom, and the ſincere Religion of God in the ſame Kingdom, rightly and by the Laws of the ſaid Kingdom Eſtabliſhed, at their Will and Pleaſure to change and alter; and the State of this whole Kingdom of England, through all its parts well inſtituted and ordered, wholly to ſubvert, and deſtroy; and War, againſt our late Lord the King, within this Kingdom of England, to levy: And to perfect and compleat the ſame, their moſt wicked
Thomas White otherwiſe Whitebread, John Fenwick, William Harcourt otherwiſe Harriſon, John Gaven, Anthony Turner, and James Corker, and other falſe Traytours to the Jurors aforeſaid unknown, the aforeſaid 24th. day of April, in the 30th. Year aforeſaid, with Force and Arms aforeſaid, at the Pariſh of St. Giles in the Fields aforeſaid, in the County of Middleſex aforeſaid, falſely, maliciouſly, ſubtlely, adviſedly, divelliſhly and TrayteEngland, rightly and by the Laws of the ſame KingRome, and the Government of this Kingdom of England, to ſubvert; and that one Thomas Pickering, and one John Grove, him our ſaid late Lord the King ſhould kill and murder; and that they the ſaid, Thomas White otherwiſe Whitebread, John Fenwick, William Harcourt otherHarriſon, John Gaven, Anthony Turner, James Corker, and other falſe Traytors againſt our ſaid late Lord the King, to the Jurors unknown, a certain number of Maſſes, between them then and there agreed upon, for the health of the ſoul of him the ſaid Thomas Pickering, therefore ſhould ſay, celebrate and perform; and therefore ſhould pay unto the ſaid John Grove a certain Sum of Money between them then and there agreed upon: And that the ſaid Thomas White otherwiſe Whitebread, John Fenwick, John Gaven, Anthony Turner, William Harcourt otherwiſe Harriſon, and other falſe Traytors againſt our ſaid late Lord the King, to the Jurors unknown in the further proſecution of the Treaſons and Trayterous Conſultations and agreements aforeſaid, afterwards (to wit) the ſaid 24th. day of April, in the 30th. Year aforeſaid, at the aforeſaid Pariſh of St. Giles in the Fields, in the County of Middleſex aforeſaid, falſely, ſubtilly, adviſedly, maliciouſly, devilliſhly, & Trayterouſly, did ſeverally give their Faith each to other; and upon the Sacrament then & there Trayterouſly did ſwear & promiſe to conceal, and not to devulge their ſaid moſt wicked Treaſons and Trayterous Compaſſings, Conſultations and purpoſes aforeſaid; ſo between them, had him, the ſaid late Lord the King Trayterouſly to kill and murder, and to Introduce the Romiſh Religion, to be uſed within this Kingdom of England, and the true Reformed Religion in this Kingdom of England, rightly and by the Laws of this Kingdom Eſtabliſhed to alter and Change; and that the ſaid Thomas VVhite otherwiſe VVhitebread, John Fenwick, VVilliam Harcourt otherwiſe Harriſon, John Gaven, Anthony Turner, James Corker, and other falſe Traytors to the Jurors aApril, in the 30th. Year aforeſaid at the Pariſh aforeſaid, in the County aforeſaid, falſly, ſubtilly, adviſedly, maliciouſly, devilliſhly and Trayterouſly, did prepare, perſwade, excite, abet, comfort and Counſel four other Perſons to the Jurors unknown, and Subjects of our ſaid late Lord the King, him our ſaid late Lord the King, Trayterouſly to kill and murder, againſt the duty of their Allegiance, and againſt the peace of our ſaid late Lord the King, his Crown and Dignity, and againſt the forme of the Statute, in that Caſe made and pro&c. But ſhould take them to anſwer, &c.
Which Indictment the ſaid Juſtices of our Lord the King, afterwards, (to wit) at the GoalNewgate, holden by Adjournment for the CounMiddleſex, at Juſtice-Hall in the Old Bayly, in the Suburbs of the City of London, on Fryday (to wit) the 13th. day of June, in the 31ſt. Year aforeſaid, before Sir James Edwards, Knight, Mayor of the City of London; Sir William Scroggs, Knight, Lord Chief Juſtice of his Majeſty's Court of King's-Bench; Sir Francis North, Knight, Lord Chief Juſtice of his Majeſty's Court of Common-Pleas; Sir Thomas Allen, Knight and Baronet, one of the Aldermen of the ſaid City of London; Sir George Jeffreys, Knight, Recorder of the ſaid City of London; and other their Companions, Juſtices of our ſaid Lord the King, aſſigned to deliver his Goal of Newgate of the Priſoners in the ſame being, by their own proper Hands did deliver there, in the Court of Record, in form of Law to be determined: And thereupon, at the ſaid Goal-deNewgate, holden by the Adjournment aforeſaid, for the County aforeſaid, at Juſtice-Hall aforeſaid, the ſaid Fryday the 13th. of June, in the 31ſt. Year aforeſaid, before the aforeſaid Juſtices of our ſaid late Lord the King laſt named, came the ſaid Thomas White, otherwiſe Whitebread, John Fenwick, William Hartcourt,
Harriſon, John Gaven, and Anthony Turner, under the Cuſtody of Sir Richard How, Knight, and Sir John Chapman, Knight, Sheriff of the County aforeſaid; into whoſe Cuſtody, for the Cauſe aforeſaid, they were before that time Committed; being brought to the Bar there, in their proper Perſons; who were committed to the aforeſaid Sheriff, &c. And immediately being ſeverally demanded concerning the premiſes aforeſaid, in the Indictment aforeſaid ſpecified, charg'd upon them as above, how they would thereof acquit themſelves; the ſaid Thomas White, otherwiſe Whitebread, John Fenwick, William Harcourt, otherwiſe Harriſon, John Gaven, and Anthony Turner, did ſeverally ſay, That they were Not thereof Guilty: And thereupon, for Good and Bad, did ſeverally put themſelves upon the Country. And thereupon, upJuſtice-Hall in the Old-Bayly, it was ſo far proceeded, that the Iſſue aforeſaid between our ſaid late Lord the King, and the ſaid Thomas White, otherwiſe Whitebread, John Fenwick, William Harcourt, otherwiſe Harriſon, John Gaven, and Anthony Turner; afFryday, the 13th. Day of June, in the 31ſt. Year aforeJuſtice-Hall aforeſaid, by a certain Jury of the Country in that behalf duly Empanell'd, Sworn and Charg'd, was Tryed; and that upon the Tryal of the Iſſue aforeſaid laſt mentioned, between our ſaid late Lord the King, and the ſaid Thomas White, otherwiſe Whitebread, John Fenwick, William Harcourt, otherwiſe Harriſon, John Gaven, and Anthony Turner, at London aforeſaid, (to wit) at the Juſtice-Hall in the Old-Bayly aforeſaid, in the Pariſh of St. Sepulchre in the Ward of Faringdon Without, London, aforeTitus Oats, was alſo a Witneſs produced on behalf of our ſaid late Lord the King, upon the Tryal aforeſaid, upon the Indictment laſt aforeſaid: And he, the aforeſaid Titus Oats, then and there at the Seſſion laſt aforeſaid, at the Juſtice-Hall aforeſaid, in the Court of the ſame Seſſion, to wit, at the Pariſh and Ward aforeſaid, was duly ſworn upon the Holy Goſpels of God, to ſpeak and teſtify the Truth, the whole Truth, and nothing but the Truth, of, and in the Premiſes, in the Iſſue aforeſaid laſt mentioned, ſo as aforeſaid joyned between our ſaid late Lord the King, and the ſaid Thomas White, otherwiſe Whitebread, John Fenwick, William Harcourt, otherwiſe Harriſon, John Gaven, and Anthony Turner. And that the ſaid Titus Oats then and there, at the Seſſion aforeſaid laſt mentioned, in the Juſtice-Hall aforeſaid, in the Court of the ſame Seſſion, upon his Oath aforeſaid, upon the Indictment laſt aforeſaid, by his own proper Act and Conſent, of his moſt wicked Mind, falſly, voluntarily, and corJurors of the Jury aforeThomas White, otherwiſe Whitebread, John Fenwick, William Harcourt, otherwiſe Harriſon, John Gaven, and Anthony Turner. That William Ireland (one William Ireland, then before Convicted and ExeTitus Oats and others, at the Chamber of the ſaid William Ireland, then being in Ruſſel-Street, (a certain Street, called Ruſſel-Street, lying within the City of Weſtminſter in the County of Middleſex, meaning) between the 8th. and 12th. Day of Auguſt, in the Year of our Lord 1678. Whereas, in truth and indeed, the ſaid William Ireland did not take his Leave of the ſaid Titus Oats, or any other Perſons whatWilliam Ireland, then being in Ruſſel-Street aforeAuguſt, in the Year of our Lord 1678. And ſo the ſaid Titus Oats, upon the ſaid Fryday the 13th. day of June, in the 31ſt. Year aforeſaid, at the Seſſion laſt aforeſaid, at the Juſtice-Hall aforeſaid, in the Court of the ſame SeſThomas White, otherwiſe Whitebread, John Fenwick, William Harcourt, otherwiſe Harriſon, John Gaven, and Anthony Turner, by his own proper Act and Conſent, and of his moſt wicked Mind, falſly, voluntarily, and corruptly, in manner and form aforeſaid, did commit voluntary and corrupt PerAlmighty God, in manifeſt contempt of the Laws of this Kingdom of England, to the evil and pernicious Example of all others, in the like Caſe offending, and againſt the Peace of our Sovereign Lord the King, his Crown and Dignity. Upon this Indictment he has been Arraigned; and thereunto hath pleadNot Guilty: And for his Tryal, hath put himſelf upon the Country, and his MaAttorney-General likewiſe; which Country you are. Your Charge is, To enquire, whether the Defendant, Titus Oats, be Guilty of the Perjury he ſtands Indicted, or Not
Guilty. If you find him Guilty, you are to ſay ſo: If you find him Not Guilty, you are to ſay ſo, and no more: And hear your Evidence.
Look ye, Mr. Attorney, my Lord Chief Juſtice Jones has ſent to know, whether you have any thing to do with him to day, here?
Not at all, that I know of.
Mr. Oats, Do you intend to make uſe of my Lord Chief Juſtice Jones, or any of the Judges of the Common-Pleas, as Witneſſes?
Yeſterday, my Lord, I did call for them, to have made uſe of them, as Wit
But have you any thing to ſay to them to day?
I cannot tell, as yet.
Then my Lord Chief Juſtice Jones muſt be told, That he does not know, whether he ſhall, or not. Go on, Sir Samuel Aſtry.
Then Proclamation for Information and Evidence was made in uſual manner.
May it pleaſe your Lordſhip, and you Gentlemen of the Jury; This is an Indictment againſt Titus Oats, Clerk, for Perjury: And the Indictment ſets forth, That William Ireland, Thomas Pickering, and John Grove, in the 30th. Year of the late King, were Indicted of High Treaſon, and Tryed at the Old-Bayly; and at that Tryal, the Defendant, Titus Oats, was produc'd a Witneſs for the King; and being ſworn to tell the Truth, the whole Truth, and nothing but the Truth, did falſly, voJury that did try that Cauſe, That the ſaid William Ireland was in Town (within the Cities of London and Weſtminſter, or the Places adjacent, meaning) upon the Firſt or Second day of September, in the Year 1678. Whereas, in truth, the ſaid William Ireland was not in Town, nor within the Cities of London or Weſtminſter, or the Places adjacent, upon the Firſt or Second day of September, in the Year 1678. And ſo the ſaid Titus Oats hath committed wilful and corrupt Perjury. And the Indictment further ſets forth, That upon the 13th. day of June, in the 31ſt. Year of the late King, Thomas White, otherwiſe Whitebread, John Fenwick, William Harcourt, otherwiſe Harriſon, John Gaven, and Anthony Turner, were Indicted and Tryed at the Old-Bayly for Treaſon; and at that Tryal, the ſaid Titus Oats was a Witneſs produc'd on the Part of the King: And being ſworn to teſtify the Truth, the whole Truth, and nothing but the Truth; by his own Act and Conſent, of his own moſt wicked Mind, falſly, voluntarily, and corruptly did depoſe, and ſwear, and give in Evidence to the Jury, That William Ireland (one William Ireland, before that time Convicted and Executed for High Treaſon, meaning) did take his Leave of him the ſaid Titus Oats, at his the ſaid William Ireland's Chamber, then being in Ruſſel-Street, between the 8th. and 12th. Day of Auguſt, in the Year of our Lord 1678. Whereas, in truth, the ſaid William Ireland did not take his Leave of him the ſaid Titus Oats, or of any other Perſons whatſoever, at his the ſaid William Ireland's Chamber, then being in Ruſſel-Street aforeſaid, between the ſaid 8th. and 12th. Day of Auguſt, in the Year of our Lord 1678. And ſo the ſaid Titus Oats did then and there commit wilful and corrupt Perjury. And this is laid to be to the great Diſpleaſure of Almighty God, in contempt of the Laws of this Land, to the evil and pernicious Example of all others in the like Caſe offending, and againſt the King's Peace, Crown, and Dignity. To this he has pleaded, Not Guilty. If we prove it, we do not queſtion, but you will find him Guilty.
May it pleaſe your Lordſhip, and you Gentlemen of the Jury; Mr. Oats ſtands Indicted for having perjur'd himſelf: The Inſtances, Gentlemen, that we charge him with, are theſe: Firſt, What he ſwore at the Tryal of Ireland; and we ſay, that at that Tryal he did ſwear Ireland was in Town the 1ſt. or 2d. of September, 1678. The ſecond inſtance is, What he ſwore at the Tryal of the five Jeſuites; and there we ſay, he did ſwear, That Ireland was in Town between the 8th. and 12th. of Auguſt, and that he took his leave of him here in Town at his Chamber in Ruſſel-ſtreet; and we do charge him by this Indictment, that he has forſworn himſelf in both Inſtances: And that Ireland, Gentlemen, was neither in Town between the 8th. and 12th. of Auguſt, nor the 1ſt. or 2d. of September. And we ſhall make it out very evidently; For, Gentlemen, as to the proof in this Caſe, our Caſe ſtands thus; We ſay, That the 3d. of Auguſt, 1678. Ireland went into Hartfordſhire, to a Houſe of my Lord Aſtons; and from thence went into Staffordſhire.
September. But one Remarkable Inſtance, Gentlemen, I deſire to take particular notice of; and that is, the time of Pancraſs-Fair, which is upon the 2d. of September alwayes, a known day, and a known place in that Country. Now we have among the reſt, many Witneſſes to prove, That Mr. Ireland was there that day, and not in Town. And when we have proved this, as we ſhall by a whole Cloud of Witneſſes, I believe, you Gentlemen of this Jury, will no more doubt, that Mr. Oates is Forſworn in theſe Particulars, than the Jury Yeſterday did in that particular; nor than, I believe, the whole Kingdom does by this time.
My Lord, we ſhall go to our Evidence; and firſt, we produce the ReIreland, and the five Jeſuites. Swear Mr. Swift, (which was done.) Pray, Sir, put in the Records. Are thoſe true Copies?
My Lord, I examined theſe Records with the Originals, and they are true Copies.
Mr. Oats, Will you have them Read? or to ſave the time of the Court, will you agree them?
My Lord, I conſent to ſave the time of the Court; If they ſhall be made uſe of for Evidence for me.
No doubt, they are Evidence for you, as well as againſt you, when they are produced here.
If Mr. Oats does admit the Records, then ſhall we go on, and prove what he did ſwear at thoſe Tryals; and for the firſt part of the time, which is between the 8th. and 12th. of Auguſt, we deſire that Mr. Thomas Harriot, and Mr. Rainsford Waterhouſe may be ſworn (which was done.)
Mr. Harriot, pray do you Remember at the Tryal of the five Jeſuits, was Mr. Oats produc'd and ſworn as a Witneſs?
Yes, he was, my Lord.
Do you remember what teſtimony he gave about Ireland's being in Town, and when it was, he ſaid, he was in Town?
My Lord, he did poſitively ſwear, that Mr. Ireland, the late Jeſuite, did take his leave of him the ſaid Oats and others, at the ſaid Ireland's Chamber in Ruſſel-ſtreet, betwixt the 8th. and 12th. of Auguſt, 1678.
Were you of the Jury that tryed the five Jeſuits, Mr. Harriot?
Yes, I was Foreman of that Jury.
What ſay you, Mr. Waterhouſe? Were you preſent at that Tryal?
Yes, I was of the Jury too.
What did Oats Swear at that Tryal?
He ſaid, That Mr. Ireland took his leave of him the 12th. of Auguſt. My Lord Ch. Juſt. Scroggs then asked him, are you ſure it was the 12th? And then he ſaid, He would not be poſitive, it was the 12th. but between the 8th. and 12th. it was, I am poſitive upon my Oath.
It is ſo in the Print too; but we will now go on.
But will the Defendant ask theſe Witneſſes any Queſtions?
My Lord, if your Lordſhip pleaſe, I will ask Mr. Harriot a Queſtion.
Ay, do, ask him what you will.
Mr. Harriot, Did I ſwear, that he took his leave of me, or I took my leave of him?
You ſwore, that Ireland took his leave of you and others, between the 8th. and 12th. of Auguſt, 1678. between thoſe two days, and in that Year.
It is a nice Queſtion, that of yours, Mr. Oats, upon my word.
My Lord, I know what reaſon I have to ask that Queſtion; I am ſure in Per
Well, you have his Anſwer according to the Indictment.
Pray, my Lord, be pleaſed to ask Mr. Harriot this Queſtion, whether he took Notes of the Tryal?
Yes, I did ſo, Sir.
My Lord, I deſire to know of Mr. Harriot, whether he has thoſe Notes by him.
No, Sir, I have them not here; but I have had them by me this four or five Years, or more. It was my manner in all the Tryals, wherein I was concern'd as a Jury-Man, to Read the Tryals ſtrictly over, when they were printed, eſpecially where
My Lord, I deſire to know, what Tryal he was Foreman at?
That of the Five Jeſuites, in June, the 13th. of June, 1679.
Have you any thing to ask Mr. Waterhouſe?
Yes, my Lord. Pray, Sir, let me ask you a Queſtion.
Ay, if you pleaſe, Sir.
Did you take Notes of that Tryal you ſpeak of, Sir?
No, I did not.
How come you then to remember this, That I was ſo poſitive as to the time betwixt the 8th. and 12th. of Auguſt?
Becauſe I was one of the Jury; and becauſe my Lord Chief Juſtice made a ſtop, when you ſaid, 'Twas the 12th. of Auguſt; and bid you conſider: And you conſider'd, and conſider'd it; and did affirm poſitively, That it was between the 8th. and 12th. of Auguſt.
He gives you a plain Reaſon for his Remembrance.
My Lord, I have done with him.
Then we deſire Mr. Foſter may be ſworn. (VVhich was done.) Mr. Foſter, Pray, will you tell what you remember Mr. Oats ſwore at Mr. Ireland's Tryal, about Ireland's being in Town.
I was one of the Jury at the Tryal of Mr. Ireland, Mr. Pickering, and Mr. Grove; and I did ſee Mr. Oats ſworn, as a Witneſs for the King, at that Tryal; and ſo was Mr. Bedloe: And Bedloe there gave Evidence, That there was a Meeting at Harcourt's Chamber; and Ireland, Grove, and Pickering was there: And that this was the later End of Auguſt. Mr. Ireland did make his Defence, as much as he could, to prove, That he was not in Town from the Beginning of Auguſt, to the Middle of September; and brought divers Witneſſes. But upon his denying to be here the later End of Auguſt, Mr. Oats did come and ſwear: I am certain, (ſays he) that the Firſt or Second of September, he was in Town; for then I had of him Twenty Shillings.
Was I poſitive, that he was here in Town the Firſt or Second of September?
You were poſitive, Sir, to the Firſt or Second; I have it in my Notes in Writing.
He tells you, It is in his Notes: And therefore, he's ſure you ſaid ſo.
In the Printed Copy, if it be right, there is mention made of the word Poſitive.
I think, that is in Auguſt, between the 8th. or 12th. he was poſitive.
Did I ſay theſe Words, I was Poſitive?
I ſay, you affirmed, That he was in Town the Firſt or Second of September.
It is not neceſſary, that you ſhould uſe the word Poſitive: The Que
Was not that true that you ſaid? Did not you affirm a Poſi
My Lord, I'll tell you the Reaſon why I ask the Queſtion, becauſe I have for
Well, ask for what Reaſon you will, you have receiv'd an Anſwer to your Queſtion; and, upon my Word, he gives a notable Evidence: Says he, Bedloe had ſworn a Treaſonable Practice by Ireland, in the later End of August. Then Ireland comes, and makes his Defence: Says he, That cannot be; for I was out of Town at that time: I was not in London all Auguſt, nor the Beginning of September. Then come you in, to ſupport the Teſtimony of Bedloe; and ſwear, That he was in Town the Firſt or Second of September; for then he gave you Twenty Shillings. And ſo you come to rivet the Matter that was ſworn before by Bedloe.
My Lord, what I ſwore was Truth.
That is now to be tryed.
We have another of the Jury here, Mr. John Byfeild: Pray, ſwear him. (VVhich was done,)
Well, Sir, What did you hear Oats ſwear at that Tryal?
I heard the ſame that they have teſtifyed before.
But you muſt tell us, what that was.
Were you a Jury-man at that Tryal?
Yes, I had a Summons to the Old-Bayly.—
But, What did Oats ſwear? That's the Queſtion.
Mr. Oats did poſitively aſſert, That Ireland was here in Town the Firſt or Second of September; and to confirm it, he ſaid, He receiv'd of him Twenty Shil
Now, my Lord, we ſhall go to our Evidence, to prove, That all this is abſolutely falſe: For Ireland went out of Town into Staffordſhire, and did not reSeptember. And for this, we call Anne Ireland. (Who was ſworn.)
Mrs. Ireland, Pray, where did you take your Leave of your Brother, Mr. Ireland, who was Executed in Summer 1678. and when?
I took my Leave of him the Beginning of Auguſt.
What Day in Auguſt do you remember?
The Third of Auguſt.
Where was it?
In my own Lodging.
Where was your Lodging?
In Ruſſel Street, Covent-Garden.
Now tell us again the time, when it was?
It was on Saturday-morning, as I remember, the Third of Auguſt, the Saturday after St. Ignatius Day.
How come you to remember ſo particularly, thas it was then?
Becauſe upon St. Ignatius-Day, we were invited to Mr. Gifford's at Hammerſmith; my Brother, my Mother, and I, were invited to ſtay all Night: But my Brother refuſed to ſtay, becauſe—
Which Brother? What was his Name?
William Ireland.
Did they ſtay there?
No, my Lord; my Brother came home on foot, but we ſtay'd all Night.
Here is an Almanack of that Year: And the Third of Auguſt was on a Saturday.
He ſaid, He could not ſtay, becauſe he was to go into the CounSaturday. I ask't him, Why he would ſet o
And ſays he. I'll go to Standen; there I ſhall meet with my Lord Aſhton, and his Family, and have an Opportunity to go with him into. Staffordſhire.
She ſays, He went out of Town on Saturday after St. Ignatius-Day; which was Saturday, the Third of Auguſt: But there being a Diſcourſe between her, and her Brother, why he ſhould make Choice of a Saturday; which ſhe thought, it ſeems, was an inconvenient Day to take a Journey on. And upon that, her Brother made Anſwer again, That that Night he would only go to Standen; to my Lord Aſhton's Houſe, where he ſhould meet with Company to go along with him into Staffordſhire.
What Day of the Week was St. Ignatius-Day?
St. Ignius-Day was on a Wedneſday
What Day of the Month is St. Ignatius-Day?
It is either the Laſt Day of July, or the Firſt of Auguſt.
Look on your Almanack, if you have any one of that Year, Mr. Attorney.
We have no ſuch Saint in our Almanack.
It was, as near as I can remember, the Third of Auguſt, that he went out of Town.
The Third of Auguſt, at that time, was on a Saturday.
St. Ignatius-Day is always the laſt Day of July, my Lord.
In this Almanack another Saint has juſtled him out; and that is BiGerman.
And in my Almanack, a third has juſtled them out both; but my Lord Petre ſays, it is always the laſt of July; and that was Wedneſday that year.
I remember, it was Wedneſday.
And you are ſure, he went out of Town the Wedneſday after.
Yes, I am ſure he went out of Town then; for I ask'd him, Why
Saturday? and he told me, he would go but to Standen that Night.
And that does hold, according to the Computation, to be the third of Auguſt.
My Lord, ſhe is not poſitive in this, that he went out of Town the third of Auguſt.
Yes, but ſhe is; for ſhe ſaies, that ſhe was the Wedneſday before (which was St. Ignatius day) with him a little way out of Town.
And that it was Saturday after, he went out of Town; and ſhe gives the Reaſon, that ſhe entred into a diſcourſe with him, why he would go on Saturday? and he made that anſwer which you hear.
Mr. Oats knows what day St. Ignatius day is upon, I preſume.
It is the laſt day of July, I think.
In our Proteſtant-Almanacks, it ſeems, we give another Biſhop place.
Mrs. Ireland, When did you ſee him again?
Juſt a Fortnight before Michaelmas, and not before.
You were his near Relation, I ſuppoſe.
Yes, my Lord, I was his Siſter.
Pray, when he came to Town again, Where did he Lodge?
He uſed to lodge at the ſame place, where we did alwayes; and in the mean time, while he was abſent, my Mother lent one Mrs. Eagleſton his Lodging.
Is that Perſon you lent his Chamber to in his abſence, here?
No, my Lord.
When did ſhe enter upon his Lodging?
Truly, my Lord, I cannot tell; her Maid fell ſick, and ſo ſhe came down a pair of ſtairs lower into his Lodging. It was in a ſhort time after he went out of Town, my Lord, as I remember.
When did he come to Town again, do you ſay?
He came to Town again a Fortnight before Michaelmas; it was that day Fortnight before Michaelmas, that Michaelmas-day fell on—
Have you any Queſtions to ask her, Mr. Oats?
My Lord, I deſire to know, Why ſhe did not give this Evidence before? or whether ever ſhe did give this Evidence at any of the Tryals?
Yes, I was at my Brothers Tryal; and there I gave the ſame Evi
Were you there at the Tryal of the five Jeſuits? and did you give the ſame Evidence then?
No, I was not call'd.
But were you there?
I was in the Court at the ſame time, but was not Examined.
What year is it you ſpeak of, that he went out of Town the third of Auguſt?
The year 78.
I deſire, my Lord, to ask this Gentlewoman, what Religion ſhe is of?
I am a Roman Catholick, my Lord.
I deſire to know, whether her name be Ireland or Ironmonger?
My right Name is Ironmonger; but becauſe of his Profeſſion, he went by the name of Ireland; and for his ſake, we go by that name too.
By what name did you give Evidence at Ireland's Tryal?
By that name of Ireland.
Why, Mr. Oats, that is a good name enough to be called by; you may remember, you were called Titus Ambroſius, and Sampſon Lucy, at St. Omers.
Swear Mrs Elianor Ireland, (which was done.)
When did your Son go out of Town?
The third of Auguſt.
Are you ſure it was the third of Auguſt?
Yes, I am ſure it was.
What year was it?
My memory is not good for that; I cannot tell what year, my Daughter can.
Was it the ſame year he was Tryed afterwards?
Yes, it was the ſame Summer; at Michaelmas after he was taken up.
What time did he return again out of the Country?
The 14th. of September, after.
My Lord, I would ask her, whether or no ſhe gave this Evidence at her Son's Tryal?
Yes, I was a Witneſs there: but they would not permit me to ſpeak half ſo much; they would hardly let me ſpeak at all.
I deſire to know, whether ſhe was an Evidence at the Five Jeſuite's Tryals?
No, I was not there, then.
Pray, ſwear Mrs. Duddle, and Mrs. Quino. (Which was done.)
Come, Mrs. Duddle; Do you remember when Mr. Ireland went out of Town, in the Year 78?
To the beſt of my remembrance, it was the Third of Auguſt.
Why do you think, it was the Third of Auguſt?
He went for a Recreation out of Town three Days before, which was upon an Holy-day, St. Ignatius his Day; and he went out of Town one Night then, and he came and ſtay'd but two Nights after: And went out of Town upon the Saturday.
Did he ſtay out of Town one Night?
Yes, he ſtay'd out of Town all Night.
Are you ſure he ſtay'd all Night?
I am ſure he ſtay'd but one Night.
But, what ſay you to that, Mr. Attorney? This Witneſs contradicts the other.
Ay, plainly.
Mrs. Ireland, and Mrs. Anne Ireland, and he, went out upon a RecreaWedneſday: And that Saturday he went away, and never came again, till a Fortnight before Michaelmas.
But mind my Queſtion, Woman.
Yes, my Lord.
Did he come home that Night he went on the Recreation?
I do not know.
But juſt now you ſwore, He ſtay'd out all Night.
No, my Lord.
Yes, but you did, though; prithee mind what thou art about.
I do not ſay, He; but, I am ſure, his Siſter, and the Company, ſtay'd out that Night. I remember very well, he went the Third Day after, which was Saturday. And Mr. Jenniſon came to ask for him Three Weeks after: And there was a Perſon of Quality with him in the Coach; I think, it was Sir Miles Wharton. And he asking for him, they gave him an account, That they had not heard from him ſince he went; which was then Three Weeks after he was gone. And I remember well, he did not come to Town again, till a Fortnight before Michaelmas.
How can you tell that?
My Lord, I can tell it very well: For I was almoſt every Night in the Room, where he uſed to lie; and there lay a Gentlewoman there, that I knew.
What was her Name?
Mrs. Eagleſton.
How comes ſhe to lie there?
Her Maid fell ſick, and ſhe chang'd her own Chamber, and lay there all the time he was out of Town.
My Lord, Is this good Evidence?
Ay, why not?
My Lord, I think, ſhe contradicts the other Witneſs: For ſhe ſays, He lay out Two Nights.
No, there you are miſtaken, too. But I tell you what I did obſerve before. Mrs. Anne Ireland ſwore, That they did ſtay all Night; but Mr. Ireland reSaturday. Then this Woman comes; and ſhe ſaid, at firſt, That he went out of Town on the Wedneſday, and ſtay'd out all Night; and lay at Home but Two Nights, and then went away. But now, when I put her in mind to take care what ſhe ſaid, ſhe ſwears, She is ſure, the Siſter lay out; but ſhe is not ſure of Ireland's lying out: But ſhe is poſitive, he went away on the Saturday the Third of Auguſt, and return'd not till a Fortnight before Michaelmas.
My Lord, I humbly conceive, ſhe having once ſworn falſe,—
Ay, but ſhe immediately Recollected her ſelf.
By what Token does ſhe remember it to be the Third of August?
She ſaid before, It was the Saturday after St. Ignatius-Day; which was on a Wedneſday, the laſt of July: And he went then out of Town. She call'd it by the Name of Recreation.
Was it the Saturday after St. Ignatius-Day?
Yes, it was: And I had not remembred it, but that it was upon that Holy-Day.
This is a Roman Catholick, I ſuppoſe, my Lord.
I cannot tell. What Religion are you of?
I am a Roman Catholick, my Lord. Mr. Jenniſon knows what I ſay to be true.
Were you a Witneſs in any of the Tryals at the Old-Bayly?
I was in the Court; but was not called.
What ſay you, Mrs. Quino? When did Mr. Ireland go out of Town?
I muſt ſay the ſame; It was the Third Day of August, on a Saturday.
How do you know, that it was on a Saturday, the Third of Auguſt?
By the ſame Reaſon, that ſhe ſpeaks. I mark'd that other Day he went out of Town; and he came again, and his Mother ſtay'd there that Night: And he went on Saturday-Morning out of Town. I know it very well: For my Husband was his Taylor, and he had ſomewhat to alter in his Cloaths; and I brought it imme
Are you ſure, he went out of Town that Day?
He went out of the Houſe; and, as I take it, he went out of Town?
Did he ſay, He was to go out of Town?
He had his Boots on; and took Horſe at the Bull-Inn in Drury-Lane.
How do you know it?
Becauſe his Servant, that was there, has teſtify'd it.
Now ſwear my Lord Aſton. (Which was done.) We'll bring Ireland now upon the Third of Auguſt at Night, to my Lord Aſton's Houſe at Standen.
Pray, will your Lordſhip give my Lord and the Jury an Account, when Mr. Ireland came to your Houſe, and how far he Travelled with you after
My Lord, being in Town, I was ſpoke to, and deſir'd, that Mr. Ireland might have the Opportunity of going in my Company down into Staffordſhire; which I conſented to. I went out of Town, as I remember, the later End of July, 1678. and this ſame Mr. Ireland came to me at my Houſe in Hartfordſhire at Standen, upon the Third of Auguſt at Night.
What Day of the Week was that, my Lord?
As I remember, it was Saturday, and in the Evening.
How long did he ſtay with your Lordſhip?
My Lord, I ſtay'd till Monday at Standen; and upon Monday he went in my Company to St. Albans, which was the Fifth of Auguſt.
Whether then did you go, my Lord?
There I met with my Brother and Siſter Southcoat.
Sir John Southcoat you mean, my Lord.
Yes, my Lord. And thence, in Four Days, we went to my Houſe at Tixhall.
Did Mr. Ireland travel with you all the Way?
I cannot charge my Memory, my Lord, that he did, ſo as particularTixhall; but I canStanden, and did go with me to St. Albans.
Pray, my Lord, Did he go along that Journey to Tixhall, with you?
I cannot ſay poſitively that, Mr. Attorney; but I have a general NoIreland, that he came the 3d. of Auguſt, to my Houſe at Standen: That on Monday we went together to St. Albans; and there met us Sir John Southcoat, and my Siſter his Wife; and thence I went to Tixhall; and there I arriv'd the 8th. of Auguſt, which was Thurſday.
My Lord, I ask you this Queſtion; You ſay, you have a general apTixhall: Pray, did he come with you to Standen for that purpoſe, to go with you to Tixhall?
I had no buſineſs with him at all; but he deſired the opportunity, to go down in my Company into Staffordſhire.
Pray, my Lord, do you remember you ſaw him within four or five dayes after at Tixhall?
To name particular dayes, I cannot; but that I ſaw him ſeveral dayes about that time at Tixhall, I am ſure.
My Lord, you ſay, that Sir John Southcoat went with you to Tixhall.
Yes, he did ſo.
My Lord, I would ask this Nobleman, Whether he was at the Tryal of the five Jeſuits? or the Tryal of Ireland?
No, my Lord, I was not.
Then I would ask my Lord, If he ſaw Mr. Ireland Executed?
No, I did not.
Then I would ask him this Queſtion; Whether the Ireland that was Executed, be the ſame Ireland he ſpeaks of?
Amongſt thoſe that knew him well, I have been told, it was the ſame.
That is but hear-ſay, my Lord; He does not ſpeak of his own knowledg.
For that matter. I ſuppoſe, you'l produce ſome other Ireland, Mr. Oats, If it was not the ſame.
Was it this Mrs. Irelands Brother, that was here a Witneſs now?
He was ſo reputed, and ſo looked upon.
That is all one. If any body ſhould ask me, if you were the ſame Mr. Oats, that was at St. Omers; I ſhould ſay, I heard ſo; and it would be very good Evi
My Lord, I ſubmit; I will be directed by the Court in any thing that is fair, and not injurious to my defence.
We will not direct you in any thing that's foul, but pray keep to thoſe queſtions that are pertinent.
Are you ſure Ireland went the whole Journey with you, my Lord?
I did anſwer that; I have but a general notion of it, he came to me for that purpoſe.
Then my Lord is not poſitive, he went with him into Staffordſhire.
No, he is not; but I would ask you this Queſtion. My Lord Aſton, do you believe he went with you to Tixhall?
I make no doubt of it, I would pawn all I have in the World upon it; only I cannot ſwear it, becauſe I have it not in my Notes; as I have thoſe two other dayes.
Do you like him the worſe, becauſe he is Cautious, Mr. Oats?
No Sir, I do not. But pray my Lord ask him, becauſe it is a Queſtion here aIreland at Tixhall?
I cannot ſay any thing to as that.
Swear Sir Edward Southcoat, (Which was done.)
I thought you had called him Sir John Southcoat.
Sir John is ſick, and cannot be here.
I ſuppoſe my Lord Aſton is a Roman Catholick?
Ay, that all the World knows very well; but I tell you what Mr. Oats, I obſerve, he is not ſo eaſy in giving his Oath; nay, he is wonderful cautious in Swearing; I ſpeak it for his commendation, not as his fault, he is not very forward at ſwearing.
Well, What do you ask this Gentleman, Mr. Attorney?
We deſire Sir Edward Southcoat would give an account, whether he met Mr. Ireland at my Lord Aſtons? And when?
I was with my Lord Aſton in his Company.
When was that Sir?
The 4th. of Auguſt I ſaw Mr. Ireland at my Lord Aſtons.
Was it the ſame Ireland, that was afterwards Tryed and Executed?
It was the ſame Ireland, that was commonly reported. I did not ſee him Executed.
Was it the ſame that was Reputed to be this old Gentlewomans Son?
Yes, It was.
Pray Sir, go on with your Evidence.
Upon Monday, we began our Journey to Tixhall, and went that night to St. Albans; where we met my Father and Mother, and thence we continued on our Journey the next day.
Was he with you there, that day you went to St. Albans?
He was with us, I Remember very particularly. It was hot weather, and my Lord Aston invited him into the Coach; for before, he was Riding by the Coach ſide, and there I remember a particular diſcourſe, that he and my Lord Aſton had; from thence we went on to Northampton, and came the Tueſday night.
Was Ireland with you there?
Ireland was with us there.
My Lord, I did not well obſerve what this Gentleman ſaid.
Pray mind your buſineſs your ſelf, he ſpeaks plain enough; go on Sir.
Mr. Ireland was with us, I ſay my Lord, all the Journey; and I do Remember it particularly by a pretty Horſe Mr. Ireland Road upon; and I had a diſpute with my Couſin, who ſhould buy him; I took particular notice every day of him, as he rode by the Coach, and Converſed with him every night in the Inn. We went, I ſay, from St. Albans to Northampton on the Tueſday; from Northampton we went to Coventry on the Wedneſday, and from thence to my Lord Aſtons, at Tixhall, on the Thurſday.
Come, let us go by degrees. Was Mr. Ireland with you, when you went from my Lord Aſtons at Standen to St. Albans?
Yes, he was.
You ſay, it was a hot day, when you ſet out: And my Lord Aſton did invite him into the Coach.
Yes, my Lord, he came into the Coach on Monday, which was the firſt day we ſet out; and came that night to St. Albans.
You lay there that Night?
Yes, my Lord.
Where did you lie there?
At the great Inn, at the Bull.
Ay, That is the great Inn.
The next night, my Lord, we came to Northampton.
Where did you lie there?
We lay at the ſigne of the George; it was Sir William Farmers Houſe; but made uſe of for an Inn, becauſe the Town was Burnt down.
Was Mr. Ireland with you all that day?
He rode with us all the day.
And you took notice of it, becauſe of his Horſe, you ſay?
Yes, he had a very pretty Horſe, my Lord; and my Brother bought the Horſe of him, after we came back again.
Whether went ye the next day?
The next night we lay at the Bull in Coventry, and from thence on Thurſday, we arrived at my Lord Aſtons, at Tixhall.
My Lord, the Jury deſires to know what he ſayes? For they have not heard it.
He ſayes, Mr. Ireland went with my Lord Aſton in the Coach, it beMonday the 5th. of Auguſt, from Standen, my Lord Aſtons Houſe in Hartfordſhire to St. Albans, and lay there at the Bull-Inn that Night; that he went the next day, which was Tueſday, the 6th. of Auguſt, with them to Northampton. That he rode upon a pretty Horſe, which makes him Remember it particularly; and that
Tueſday night at Northampton, at the George, which was a Gentlemans Houſe, which was turn'd into an Inn, becauſe of the Fire: That we went with them the next day to Coventry, which was Wedneſday the 7th. of Auguſt, and lay with them that night at the Bull in Coventry; and the next day, which was Thurſday the 8th. they came, and Ireland with them, to my Lord Aſton's Houſe at Tixhall in Staffordſhire.
Pray Sir Edward Southcoat, How long did he ſtay with you at Tixhall, at my Lord Aſtons?
He ſtaid with us there till the Tueſday after; and then we beAſtons Houſe in Tixhall into Wales, to St. Winifreds Well.
That is Holy-Well, you mean.
Yes, my Lord.
You ſay, he ſtayed all Fryday, Saturday, Sunday, Monday, and till Tueſday after; you came to my Lord Aſtons at Tixhall:
Yes, my Lord, he did ſo.
So then, my Lord, we are gotten to Tueſday the 13th. of Auguſt, which is paſt the time of the Perjury, that is laid ſecond in the Indictment; but in point of time, is the firſt that happen'd; for he ſwore, that Ireland took his leave of him and others here in Town, between the 8th. and 12th. of Auguſt.
Where did you go on Tueſday, Sir?
Towards Wales.
Was he at Tixhall the 12th. of Auguſt?
He ſayes, he was there till Tueſday the 13th. Pray let us not have the ſame queſtions repeated over and over againſt.
Where did you go on Tueſday night?
We went to Nantwich, and lay at the Holy-Lamb there.
Where were you the next night?
The next day we reached to St. Winifreds Well.
Where did you lie there?
At the Star, which is the great Inn there.
It is ſo.
Was Mr. Ireland there with you?
Yes, he was.
Whether did ye go then?
We ſtaid not but one day at Holy-Well; for we arrived there pretty late at Night; and all the Morning we ſpent there; and went away in the AfterCheſter, and lay there only one night, and came the next day to Tixhall again.
Which was Fryday the 16th. of Auguſt.
Pray, my Lord, be pleaſed to ask him, Whether this Gentleman Mr. Ireland was with them all the while, in this Journey to Holy-Well?
Every day particularly; I Remember it very perfectly.
After he came to Tixhall again, How long did he tarry there?
That I cannot ſo well ſay. I do not remember truly, but he was afterwards at my Lord Astons at Tixhall. I remember ſome ſcambling daies; but I can ſix upon only two.
Which are they?
I cannot tell what day of the month it was, or what day of the Week; but one day that I remember him there, was Mr. Chetwin's Race with Sir Henry Gough; and one other day.
When was that Horſe-Race?
My Lord, I cannot tell what day of the Month it was.
When was the other time you ſpeak of?
I remember him there one Thurſday, upBowling-green at Tixhall, where there was a particular Company.
My Lord, We deſire to know, when his Brother did buy the Horſe of Mr. Ireland?
When we came back; for he came home with us from my Lord Aſtons, and we began our Journey, the 9th. or 10th. of September, from Tixhall to Kingſton; and when we arriv'd at my Fathers Houſe, my Brother bought the Horſe of him.
Did you come home back again with Mr. Ireland, do you ſay?
Yes, my Lord, we did.
When did you ſet out from Tixhall?
The Ninth of September, my Lord, I think it was; I am ſure, it was upon a Monday, the Ninth or Tenth.
When did you come home?
We were Four Days on our Journey.
And did you come ſtraight to London?
No, we went to my Father's Houſe in Surry.
Which way did you come?
The Firſt Night we came to the Bull in Coventry; and from thence, the next Night, we went to the Altar-Stone at Banbury; and from Banbury, we came the Third Day to Agmondiſhman (I think, it is called,) a little Town in Buckinghamſhire: And from thence, the Fourth Day, to my Father's Houſe, by Kingſton in Surry.
And then Ireland ſold his Brother his Horſe.
How long was he at your Father's Houſe in Surry, Sir Edward?
My Lord, we came on the Thurſday; and, as I take it, he went on the Saturday to London. My Brother, after he had bought his Horſe, lent him the Horſe to Town; and ſent a Man with him, to bring it back again.
That Saturday, my Lord, makes it come juſt to the Fourteenth of September; and is the very Day Fortnight before Michaelmas-Day.
My Lord, I deſire to ask this Gentleman, Whether he ſaw Ireland all Auguſt, and till the Fourteenth of September, in Staffordſhire, and elſewhere? and, How long in Staffordſhire.
I cannot ſay, as to any particular Days of the Months, after our Coming from Holy-Well, till our Coming from Tixhall to London.
Marry, if he did, he would contradict what he had ſaid before: For from the time of Coming from Holy-Well, to the time of Coming back to London, he could tell but of Two Days, and thoſe uncertain: For he remembers not by the Times, but by other particular Circumſtances.
Pray, my Lord, be pleaſed to ask him this Queſtion, When was the Firſt Day he ſaw him in September?
Truly, my Lord, I remember not any Day before we began our Journey home?
But, my Lord, this is his Teſtimony: He was in his Company till the Sixteenth of Auguſt. It is true, there were other times, that he ſaw him at Tixhall; but he cannot particularly ſpeak unto them: But by and by, we ſhall go on to every Day, and prove particularly where he was.
My Lord, I deſire to know, Was Sir Edward Southcoat at the Tryal of Ireland a Witneſs, or no?
No, I was not, my Lord.
Were you at Whitebread's Tryal, Sir?
Yes, I was, and gave the ſame Evidence I give now.
Then ſwear Mr. John Southcoat. (Which was done.)
This is Sir Edward Southcoat's Brother, my Lord.
What, he that bought the Horſe?
Yes, my Lord, I bought the Horſe of Mr. Ireland.
Well, what do you ask him?
Pray, Sir, When did you meet Mr. Ireland in Auguſt 1678? And where?
My Lord, I met with Mr. Ireland upon Monday the Fifth of Auguſt, at the Bull-inn in St. Albans, with my Lord Aſton: I came thither that Day with my Father Northampton; and there we Inn'd at the Sign of the George, Sir William Farmer's Houſe; which is an Houſe in the Road, us'd for an Inn ſince the Town was burnt: And I convers'd with him every Day, in our Journey. And from thence, the next Day, we went to Coventry, to the Bull-Inn there; and from thence, to my Lord Aſtons (on Thurſday-Night) at Tixhall: There we ſtay'd all Fryday, Saturday, Sunday, and Monday. Mr. Ireland was there; I was with him all the while. And then upon Tueſday we ſet out for Holy-Well in Flintſhire; and went that Night to Nantwich, to the Lamb there. And the
Cheſter to Holy-Well ▪
We ſtay'd that Night at Holy-Well; and the next Day, came back again towards Noon, to Cheſter; and there lay that Night: And then the next Night, which was Fryday, we came back again to Tixhall.
Was Mr. Ireland with you both thoſe Journeys, all the while?
Yes, my Lord, he was; I did ſee him, and rode with him every Day.
Pray, Sir, How long were you at Tixhall, after you came from Holy-Well?
We ſtay'd there till we came away for good and all.
Was Mr. Ireland with you all that time?
No, he was not?
Do you remember, that Mr. Ireland came to Tixhall the Ninth of September; and came along home with you, when you came?
Yes, I do remember it very well.
What Day did you come home, Sir?
We came home in Four days.
When did he leave you?
We came home upon Thurſday, and he went to London on Saturday.
Pray, Sir, Can you recollect when you did firſt Tixhall, after you came from Holy-Well?
My Lord, I cannot tell particularly any day, till the day we came away.
Do you remember the Horſe Match between Mr. Chetwine, and Sir Henry Gough?
I was there, my Lord; but I do not remember, Mr. Ireland was there.
How long did he ſtay at your Father's Houſe in Gurry, Sir?
Two Days, my Lord.
You lent him your Horſe you bought of him, I think, Sir?
Yes, up to London I did; and I ſent my Man with him, to bring him back again.
Has Mr. Oats any Queſtions to ask this Gentleman?
My Lord, I deſire to ask Mr. Southcoat, Whether or no he is ſure, that Ireland was in his Company from the Fifth of Auguſt, to the Sixteenth?
Yes, every Day, I am ſure of it; I remember it very well.
Pray, my Lord, ask him, Whether or no he teſtifyed this that he now ſwears, at Ireland's Tryal?
My Lord, I was not at Ireland's Tryal?
Then I deſire to ask him, Whether or no he did teſtify this, at the Five Jeſuite's Tryal?
No I was not ſent for to any of the Tryals.
I am ſorry you were not, Sir: 'Twas pity you were not there. It might have ſav'd ſome Innocent Blood.
Now ſwear Harriſon. (Which was done.)
Pray, will you give an Account, when you ſaw Ireland, and where.
In the Year of our Lord 1678. my Maſter Sir John Southcoat, went with my Lady, on Monday the Fifth of Auguſt, to St. Albans; and we came with a Coach, and Four Horſes: For my Maſter-had an old Servant, that had a pair of Horſes, which my Maſter made uſe of. And there we met my Lord Aſton, in the Company of Mr. Ireland. And the next Morning, my Lord Aſton went with my Maſter and Lady towards Tixhall: And I rode by, in Mr. Ireland's Company; and came acquainted with him that Day. That Night we came to Northampton; and there we Inn'd at a Stone-Houſe, that was us'd for the Inn, the Town being burnt before. The next Night we went to Coventry; and on Thurſday we came to Tixhall: there we ſtay'd till Tueſday. After when we went to Holy-Well; and the Tueſday-Night we lay at Natwich. And thence we went to Holy-Well, and ſtay'd there on Wedneſday Night: And on Thurſday we came to Weſt Cheſter; and I parted with him upon the Fryday at Weſt-Cheſter.
Pray, did you know this Ireland? Was it he, that was Tryed and Exe
I was at Mr. Ireland's Tryal.
Was it the ſame man that was Tryed?
My Lord, I ſaw him at his Tryal, the hair of his face was grown, and he was a little diſordered; he did not look ſo well, becauſe he was not ſo well dreſs'd; but it was the ſame man, my Lord.
Before this Man goes, we have more queſtions to ask him: When did you ſee him again, after you left him in Cheſter you ſay?
I ſaw him ſeveral times at Tixhall; I ſaw him at the Bowling-green upon a Thurſday; and I ſaw him when the Horſe-Race was between Mr. Chetwin, and Sir Henry Gough; I cannot tell what day it was; for I had no reaſon to keep an account of the particular dayes at that time.
Did you come up with your Maſter again the 9th. of September?
My Lord, I did ſo, I have a Note wherein I ſet down the charges at that time. It is in this bit of paper, which I have kept in my Almanack ever ſince. My Lord Aſton ſent his Coach with us to Banbury, where my Maſters Coach was to meet him; but came only to Conventry the firſt night. The next Night, which was Tueſday, we came to the Altar-Stone at Banbury, and there we lay: From thence on Wedneſday, we came to Agmondiſham, where we were Ill Lodged. The next day we bait
Ʋxbridge, and came to Kingſton, and ſo to Sir John Southcoat's Houſe upon the Thurſday night. Upon the Fryday, Mr. Ireland ſold his Horſe to Mr. John Southcoat, my Maſters Son. Upon the Saturday morning, I came with him from my Maſters Houſe towards London; he did ride upon the Horſe he had ſold to Mr. Southcoat, and ſo we came up to Town, and took Water; and I took a little bagg that belonged to Mr. Ireland upon my arm, and we landed at Somerſet-Houſe, and I came with him to his Lodging in Ruſſel-ſtreet; and when he came there, he went up ſtairs, where were two Women met him, and welcom'd him home: Said they, We are glad you are come, we thought we had loſt you, becauſe we had never heard from you all this while. There I took my leave of him, and did not ſee him again till his Tryal at the Old-Baily, and this was Saturday the 14th. of September.
Pray let me ſee your paper you ſpeak of. (Which was delivered in, and the Court look't upon it.)
Did you write this in your Journey?
Yes, my Lord, I did write it at that time.
Are the particular dayes inſerted there, my Lord?
No, they are not, Mr. Attorney.
I could not write well, it was only but Memorandums for my ſelf.
What day of the Month was the Saturday he came to Town?
It was the 14th. of September, my Lord.
That agrees with all that the Women ſaid, that he came on Saturday a fortnight before Michaelmas, being the ſame day of the Week as Michaelmas-day was: Thus far it is as clear as the Sun at Noon-day.
My Lord, There was a time, when this was not believ'd.
Ay, Mr. Oats, we know there was a time, when there were Ignoramus Juries, and things were believed, and not believed, as the humour went. What can you Mr. Oats, ſay to it? I muſt needs tell you, Prima Facie, 'Tis ſo ſtrong an Evidence, that if you have any ſenſe in the World, you muſt be concern'd at it.
Not at all, my Lord; I know who they are, and what is the end of it all.
Upon my Faith, I have ſo much Charity for you, as my fellow-Crea
'Tis not two ſtraws matter, whether you be or no; I know my own Inno
Thou art the moſt obſtinately hardened Wretch, that ever I ſaw.
Pray, my Lord, ask him, whether he did not appear at Mr. Ireland's Tryal? and let it be remembred what Credit he had then, for all this ſtory he tells now. Theſe People come here to ſerve a turn only, and care not what they ſwear againſt me.
You muſt hold your Tongue.
My Lord. I muſt ſpeak the truth, and I will ſpeak the truth.
I think, there is ſcarce a word of Truth comes out of thy mouth.
You may think what you will, my Lord; But theſe Popiſh Traytors, I am ſure,
Plot.
If you cannot behave your ſelf better than you do, we muſt ſend you elſewhere; we muſt not ſuffer this Behaviour: And therefore either be quiet, or get you gone.
Let him keep himſelf in order, and we'll hear him. If he think by Boiſterous Impudency to out-face Juſtice, we will not ſuffer it. Go on, Mr. Attorney.
Swear Mr. George Hobſon. (Which was done.)
Were you in the Journey to Tixhall with Mr. Ireland and my Lord Aſton in 78?
Yes, I was ſo, my Lord.
Pray tell all your Knowledg of that matter.
From the 3d. of Auguſt till the 16th. at night, I was preſent with him every day.
How do you know you were?
That is to ſay, the 3d. of Auguſt he came to my Lord's Houſe at Standen in Hartfordſhire in the Evening, and there he remained till Monday the 5th. of August; and that day in the morning, he went together with other Company, to St. Albans, where we met Sir John Southcoat, and his Lady towards the Evening; and we all Lodged there, becauſe that was the appointed place to meet at: We Lodged the 6th. of Auguſt at night at Northampton; upon the 7th. at Coventry; upon the 8th. at Tixhall, my Lord's Houſe, where Mr. Ireland remain'd till Tueſday the 13th. in the Morning. And upon the 13th. in the morning, we ſet forth with my Lady Aſton, my Lord's Mother, and Sir John Southcoat, and Mr. Ireland, and the other Company, towards a place called Holy-Well in Flintſhire: That night, being Tueſday the 13th. of Auguſt, we Lodged at Nantwich in Cheſhire; the Wedneſday night we Lodged at Holy-well, where Mr. Ireland was with the reſt of the Company; and on Thurſday night we returned back again to Cheſter; and lay there. Upon Friday we came back again to my Lord's Houſe at Tixhall. After that I did not ſee Mr. Ireland till Monday the 26th, of Auguſt, when he came back again to our Houſe: Where he went in the mean time, I cannot tell.
Whoſe Houſe is it, that this man means by our Houſe?
I mean my Lord Aſton's Houſe at Tixhall.
You knew him very well, did not you?
Yes, my Lord, I knew him very well.
You ſay, he came back the 26th. of Auguſt to Tixhall.
Yes, as I remember, he did ſo.
How long after the 26th. of Auguſt was it, that you ſaw him at Tixhall?
When he went away for London.
When was that?
The 9th. of September.
Did you come a long with him to London?
No, my Lord, I ſee him go; he was not in the Coach, but he was in the Company.
My Lord, I would fain ask him a queſtion, When he was firſt acquainted with Mr. Ireland, that he ſpeaks of?
I never ſaw him till he came to my Lord Astons at Standen.
Were you at the Tryal of Mr. Ireland, Sir?
No, my Lord, I was not; I was then in Staffordſhire.
Then it is material my Lord, for me to ask him this Queſtion, it relating to a particular Perſon; whether Ireland that was Executed, was the Ireland he ſaies he was with?
I will ask him, if you will. Was that the ſame man that was afterwards Tryed and Executed?
I believe it was; my Lord.
I inſiſt not ſo much upon the queſtion, but only in reference to the Witneſs; his acquaintance being ſo ſhort with him.
Truly I think it is not ſo very ſhort; for he ſwears he was with him from the 3d. of Auguſt till the 16th. every day.
I have no great Acquaintance with you; but I know you, Mr. Oats, becauſe I have ſeen you ſo often.
Is it the ſame Ireland that was at the Tryal? You Harriſon, you ſaw him then?
The very ſame, and no other.
Certainly, no Body doubts that.
'Tis fit he ſhould have his Queſtion anſwer'd, if the Witneſs can. Pray go on, Mr. Attorney.
Swear George North. (Which was done.) Pray, Will you give an AcIreland, and whether you were with him in his Journey?
My Lord, I ſaw him the Fourth of Auguſt, which was Sunday, at Standen, my Lord Aſton's Houſe in Hartfordſhire: Upon the Fifth, he went with my Lord to St. Albans; where my Lord met with Sir John Southcoat, and his Lady: and I was with them. And from thence we went on Tueſday, to the George at Northampton: And from thence, on Wedneſday the Seventh, to the Bull at Coventry. And upon the Eighth, we came to Tixhall, which was Thurſday. And from Thurſday the Eighth, to Tueſday the Thirteenth, I did ſee him every Day at my Lord's Houſe at Tixhall.
Whither went he then?
He went with my old Lady, and ſome other Company, to go to Holy-Well.
When did you ſee him again?
I did ſee him ſeveral times after that at Tixhall: But I took no particular Notice of him again, till he went away for London.
When was that?
I did ſee him the Ninth of September. He came to go with Sir John. Southcoat to London: Mr. John Southcoat, and he. I took my Leave of him.
What Religion are you of, Sir?
I am a Catholick, my Lord.
I deſire to know, how he comes to remember this ſo well?
I waited at the Table; and he was every Day at Dinner with my Lord.
Were you at the Tryal of Ireland a Witneſs?
No indeed, my Lord, I was not.
Swear Richard Ingletrap. (Which was done.)
Pray, will you give an Account, whether you knew Mr. Ireland? and where you ſaw him?
The Firſt of Auguſt, my Lord, I was ordered to be at Standen in Hartfordſhire, to wait upon my Lord Aſton, to go with him to Tixhall. And the Third of Auguſt, I ſaw Mr. Ireland there at Standen-Lodge at my Lord's Houſe. The Fourth Day he reſted there, being Sabbath-Day.
What are you, an Hackney-Coach-man?
Yes, my Lord, I am ſo. And upon the Fifth, which was Monday, he went with my Lord Aſton to St. Albans; upon the Sixth, to Northampton; on the Seventh, to Coventry; and the Eighth day, to Tixhall-Lodge. He was in the Company, and went all the way with him; and I was there too.
How long did he ſtay there?
Till Tueſday the 13th.
Did you ſee him there till Tueſday?
I do not ſay, That I did ſee him every Day.
Did you go with them on Tueſday to Holy-Well?
No, I did not.
But, my Lord, you obſerve, that is paſt one of the Times, that he ſwore Ireland was here in Town; that is, between the Eighth and Twelfth of Auguſt.
It is ſo.
Pray, what Religion are you of, Mr. Ingletrap?
I am a Proteſtant, my Lord?
Were you at the Tryal of the Five Jeſuites, or that of Ireland?
No, I was not.
My Lord, I deſire you would ask him, he being a Proteſtant, How he came to be acquainted with Ireland, that was a Prieſt?
Why, Mr. Oats, Is there no Converſation to be between Papiſts and Proteſtants?
Truly very little, my Lord: But that is not to the Point now. I deſire to have an Anſwer to my Queſtion.
There was no great Acquaintance between us, my Lord; for I never ſaw him before that time.
Swear Andrew Wetton. (Which was done.) Did you go that Journey with my Lord Aſton to Tixhall?
No. I went from Tixhall to Holy-Well.
What Day did you ſet out from Tixhall?
Upon Tueſday the Thirteenth of Auguſt.
Where did you lie that Night?
At Nantwich, at the Holy-Lamb. And the next Day we baited at Cheſter: and from thence we came, the next Night, to Holy-Well: There we ſtay'd all Night, and till next Day at Noon. We din'd at Holy-Well, and came that Night back to Choſter: And from thence, the next Day, we came home to Tixhall.
Was Mr. Ireland there all the while?
Mr. Ireland was there, I look't after his Horſe.
When did he come firſt to Tixhall?
He came upon the Eighth, and ſtay'd till the Thirteenth; and then went to Holy-Well.
Pray, what Religion are you of?
I am a Proteſtant, Sir.
And the Ninth of September he came away from Tixhall for London, you ſay?
Yes. I ſaw them take Coach, and he did ride on Horſe-back.
Did you ſee him often at Tixhall, between the time he came from Holy-Well, and the time he went to London?
Yes, he was there ſeveral times; but I cannot tell the particular Days: But, my Lord, if you pleaſe, I can tell you the very Money he gave me, which was a ShilHoly-Well.
And the Sixteenth, you ſay, he came back from Holy-Well?
Yes, it was the Sixteenth, upon Fryday, that he came from Holy-Well.
And he ſays, The Ninth of September he came back again from Tixhall to London; and that he ſaw him ſeveral times, in the mean time, at my Lord Aſton's Houſe.
So, my Lord, we are paſt one of the Times; and have fixt him at Tixhall upon the Sixteenth.
So, my Lord, we are paſt one of the Times; and have fixt him at Tixhall upon the Sixteenth.
We have a couple of Witneſſes more upon this Point, and then we ſhall go on to the Seventeenth; and ſo all along to the Ninth of September.
Swear Thomas Sawyer. (Which was done.) When came Mr. Ireland to Tixhall? Can you tell?
He came the Eighth of August to Tixhall, and continued there till the Thirteenth: And then he went away; but whither he went, I cannot tell: But, as I was told, it was to Holy-Well.
When did he come to Tixhall again?
When my old Lady Aſton came home, which was Fryday the Sixteenth.
Do you know when he left Tixhall for good and all?
The Ninth of September, my Lord, he went with Sir John Southcoat to go to London.
Can you remember he was there at any time between the Sixteenth of Auguſt, and the Ninth of September?
He was once or twice there; but I cannot tell the particular Days.
What Perſwaſion are you of, as to Religion, Sir?
I am one of the Church of England, my Lord.
Truth is the ſame in all Perſwaſions.
But we would obviate Mr. Oats his Objection, That they are all Papiſts.
Swear Frances Allen. (Which was done.) Pray, will you give an Account, when you ſaw Mr. Ireland in Staffordſhire?
He came the Eighth Day of Auguſt to Tixhall, and continued there the Ninth, Tenth, Eleventh, Twelfth, and to the Thirteenth in the Morning, and then he did go to Holy-Well.
She will tell you one particular Circumſtance, how ſhe remembers him about that time.
The Tenth of Auguſt was Saturday; and that which cauſeth me to remember it, is this; There was a Woman, one Sarah Paine, I think her Name was, which teſtifyed at the Tryal, That he was in Town at that time; but he was not: For he was at Tixhall upon the Tenth, which was Saturday; and the Eleventh, which was Sabbath-Day: And I ſaw him in the Chamber thoſe Days.
How came you to know him ſo well?
I was a Servant to my Lord Aſton, and look't to Mr. Ireland's Chamber, and waſh'd his Linnen; and thoſe Days. I ſaw him in his Chamber.
When he went from Tixhall to Holy-VVell, the 13th. When did he come back again?
The 16th. day, which was Friday.
Did he come afterwards to Tixhall at any time?
He went away the 17th. and I can tell you by a good token, that he did ſo: For the 17th. I carried his Cloaths into his Chamber, that he was to take with him.
When did he come again to Tixhall?
He came ſeveral times, but truly I cannot tell what dayes particularly.
Pray, when did he go away for good and all?
I remember his going away with Sir John Southcoat, but I cannot tell the time.
Pray what Religion are you of.
I am a Protestant of the Church of England; ſo I was Chriſtened, ſo I have lived, and ſo I hope to dye before you all.
Upon my word, ſhe is very kind, ſhe has a mind to dye before us: 'Tis a ſign ſhe lives a good life, ſhe's ſo ready to die.
So, my Lord, you ſee that the 17th. of Auguſt, he departed from my Lord Aſtons. Now we ſhall call Mrs. Harwell to give you an account, whether he went on the 17th. Swear Mrs. Jean Harwell. (Which was done.)
Where do you live, Mrs. Harwell?
I live now in Town, my Lord.
Where did you live in the Year 78?
At Wolverhampton.
Did you know Mr. Ireland, he that was Executed?
Very well, my Lord.
What time did he come to your Houſe at Wolverhampton?
The 17. of Auguſt, 1678.
What day of the week was it?
Upon Saturday.
From whence did he ſay he came at that time?
I do verily believe it was from Tixhall, that he came; I cannot poſitively ſay.
How long ſtayed he there?
He came to my Houſe the 17th. of Auguſt. 1678. He ſupped there that night, and I think he lay in my Houſe every night till the 26th. of the ſame month. Upon the 19th. day, after Dinner, I went with him a good part of the Town of Wolverhampton; and upon Friday following, which was the 23d. he went a little way out of Town, to a Fair hard by; and return'd the ſame day; and ſtayed at my Houſe the next day, being Bartholomew-day. The next day being the 25th. being (Sunday) he was at my Houſe, and he ſtayed, as I ſaid, every night, and lay at my Houſe; and went away on Monday, the 26th. of Auguſt. It was to the beſt of my remembrance, in the morning.
Whether did he ſay he was going, when he went from your Houſe upon the 26th?
I think to Tixhall, he ſaid.
When did you ſee him again after that?
He returned to me again the 14th. of September following. That night he ſupped at my houſe, and lay there; and he ſtayed at my houſe Thurſday the 5th. of September, Fryday the 6th. and he went away on the 7th. from me for good and all.
Whither did he go then?
To Tixhall I think, I cannot tell.
Whence did he ſay he came, when he came laſt to your houſe; which was Wedneſday the 4th. of September?
Then he ſaid, he came from Boſcobel and Black-Ladies, and that way.
Can you tell any thing that makes you remember he was at Boſcobel?
I have ſome Circumſtances, that make me believe, and remember it.
Ay, tell us what they are.
My Lord, upon Monday the 2d. of September, I heard Mr. Ireland would be at Boſcobel, and I ſaid to my Friend that told me ſo; Sure Mr. Ireland will not be there that night, and I ſo near him. Yes, ſaid ſhe, he will. Then, ſaid I, I will write to him; and ſo I did. And I tell you the 4th. of September, which was Wedneſday, he came to my Houſe, and ſtayed that night, and the two next dayes with me, and went away upon the Saturday after.
You ſay, you did write to him upon the 2d. of September.
Yes, I did ſo.
What was the occaſion of your writing to him at that time?
One Madam Dormer, was then in thoſe parts, and he being gon a Viſiting his Friends at Black-Ladies, I writ to him, and deſired him to give her a Viſit for I knew ſhe would be glad to ſee him.
He came back to you the 4th. of September, you ſay.
Yes, he did ſo, my Lord.
Did he own upon the fourth of September that he had received your Letter?
He ſaid he had been at the place, my Lord, but I know not whether he had receiv'd my Letter or no; but I am ſure he waited upon my Lady; for ſhe told me ſo afterwards.
I deſire to know whether this Gentlewoman was at Ireland's Tryal?
No, my Lord, but I heard that upon the 17th of December following Mr. Ireland was try'd at the Old Baily for High Treaſon. Upon the 19th, I was inform'd by the Poſt what was ſworn againſt him; and particularly as to this time, which I knew to be falſe: and upon my own Coſt and Charges I ſent an Expreſs away to Town here to a Friend that I knew, upon reading the Letter that was written to me, that Mr. Ireland was falſly accus'd; and by that Expreſs alſo I ſent a Petition, humbly beſeeching his late Majeſty, that we might bring in Witneſſes to prove that Mr. Ireland was in Staffordſhire, when Mr. Oats ſwore he was in Town; and upon that the King ſtaid the Execution about five Weeks. We did hope for a ſecond Tryal, but we could not obtain it; and he was executed.
I did it at my own Coſt and Charges: for I thought it my duty, if I could, to ſave his Life, knowing that to be falſe which was ſworn againſt him.
She ſpeaks gravely and ſoberly upon my word.
So ſhe does indeed.
We have abundance of them, my Lord. Swear Mr. William Ruſhton. (which was done.)
Tell my Lord what you know of Mr. Ireland's being at Mrs. Harwel's in Auguſt 1678, at Wolverhampton.
My Lord, In the Month of Auguſt 1678, I did ſee Mr. William Ireland at Wolverhampton in the County of Stafford; and it was upon the 18th of Auguſt, and I ſaw him there from the 18th to the 25th, every one of the dayes but one, and that I cannot be poſitive in. He went that day to Litchfield, which was upon the 23th, as I take it, but I cannot be poſitive; but all the reſt of the dayes I did ſee him there once, if not twice or thrice a day.
Where did he lodge then?
At Mr. Jyfford's, or Mrs. Harwell's.
Were you at any of the Tryals of Ireland, or the five Jeſuits, Sir?
No, I was never at none till now.
Pray, my Lord, what Religion is this Gentleman of, I deſire to know?
Not of your Worſhip's Religion, Doctor Oates.
But anſwer his Queſtion.
I am a Catholick.
A Roman Catholick he means, I ſuppoſe.
Yes, I am a Roman Catholick, and a Loyal Subject.
Swear Mrs. Katherine Winford (which was done)
Mrs. Winford, pray did you ſee Mr. Ireland at Mrs. Harwells, the Year 1678.
Yes I did Sir.
Pray tell the Court what you do know of that Matter.
I did hear at Wolver-Hampton, that Mr. Ireland came to Town the 17th of Auguſt, and I did ſee him there the 18th, and I did ſee him there the 19th, and I did ſee him there the 20th, and I ſaw him there upon the 22th, 23th, 24th, and 25th, and that was the laſt time I ſaw him there.
At Mr. Harwells was it that you ſaw him?
Sometimes at Mrs. Harwells, and ſometimes at my Fathers Houſe, who lived in that Town.
My Lord, I deſire to know how ſhe comes to remember thoſe dayes ſo parti
I remember them, becauſe St. Bartholomews Day was the 24th of Auguſt, and that was the Saturday after he came to Town; and the firſt day I ſaw him was the Sunday before, and ſo I reckon it to be on thoſe dayes I ſaw him.
Have you any other Queſtions to ask her, Mr. Oates?
No, my Lord, I have not; She was a Witneſs before at Whitebread's Tryal, and was not believed there.
We'll make your Remarques by and by, and let them now go on with their Evidence.
Then ſwear Mr. William Stanley, (which was done.)
Pray, did you ſee Mr. Ireland at Wolver Hampton, and when.
Upon the 18th of Auguſt 78. It was Sunday, I ſaw Mr. Ireland in Wolver Hampton in the Morning, and in the Afternoon he was in my own Houſe. Upon Munday the 19th I ſaw him twice that Day at my own Houſe; I poſitively ſpeak that, and I verily believe I did ſee him on Tueſday the 20th, and Wedneſday the 21th; but Thurſday and Friday I cannot ſay I did ſee him thoſe two daies; For he went upon one of them to Litchfield. But upon Saturday and Sunday I am ſure I ſaw him, and two or three times ſome dayes.
Pray, Mr. Stanley, did you know him before?
No, I did not, Sir.
Was you at his Tryal?
No, I was not.
Were you at the five Jeſuits Tryal?
No, I was not in London ſince, till the laſt Term.
What Religion are you of Sir?
What Religion are you of Mr. Oates?
Nay do not ask Queſtions, but anſwer the Queſtions he asks.
I am a Roman Catholick.
Mr. Stanley, Pray can you Recollect any Circumſtance how you came to remember that it was ſuch and ſuch Days that you ſaw him?
Yes, my Lord, I can.
What are they, tell them us?
I buried a Child that Morning, being Sunday the 18th of Auguſt, and he came to my Houſe in the Afternoon, and I entertained him with thoſe things that I had provided for to entertain my Friends at the Funeral. On Munday was a Wake, and the young People went all to the Wake, and left Madam Harwell alone, and ſo ſhe came with him to my Houſe, and I entertained him with the lame kind of enter
That is a remarkable Circumſtance indeed.
Swear Mrs. Dorothy Purcell, (which was done.) What ſay you, Mrs. Purcell, when did you ſee Mr. Ireland at Wolverhampton?
I ſaw him the 18th, 19th, 20th, 21th, 22th, and 23th, days of Auguſt 1678.
Where did you ſee him?
At a Friend's Houſe in Wolverhampton.
How come you to remember thoſe days of the Month?
I remember them by particular Circumſtances.
What are thoſe particular Circumſtances? Let us hear them, How come you to name thoſe very days, the 18th, 19th, and ſo on?
I can remember it as well as any thing in the World.
I deſire, my Lord, that ſhe may tell how ſhe does remember it.
That's enough, and as much as need to be ſaid, I remember very well.
But I deſire to know how you come to Remember it.
I remember it, I tell you, very well; And I do affirm I ſaw him
But you do not tell what Circumſtances you remembed in by.
No, there is no need of it, I am ſure I ſaw him there. then.
Tell him ſome Circumſtances.
Thoſe were the days before Bartholomew Eve.
My Lord, Is this any thing of Evidence?
The Jury hears it, and they will Conſider of it.
What Religion are you of Mrs.
Muſt I tell what Religion I am of.
Yes, anſwer his Queſtion.
I dare ſay ſhe is a Papiſt, ſhe need not trouble her Head to anſwer it.
Swear Mr. Scot, (which was done.) Were you at Wolverhampton when Mr. Ireland was there.
Yes, I was?
Did you do any Service for him there?
I look'd to his Horſe.
When did he come thither, do you remember?
I cannot tell juſt the time that he came in.
What day of the Week was it that he came thither?
It was of a Saturday.
What Month was it.
I cannot tell very well what Month it was; It was in Auguſt I think.
How long did he continue there?
The ſpace of a fortnight off and on.
Is that Evidence, my Lord, that he has delivered?
It is but very ſmall Evidence. It is only Circumſtantial to confirm the other Teſtimony.
How long was it before Ireland was tryed and executed, can you tell that?
No, I know nothing of it.
Then ſwear Mr. John Stamford, (which was done)
Did you ſee Mr. Ireland at VVolverhampton, and when was it I pray you?
My Lord, in the year 1675, I was ſent beyond Sea to St. Omers, to fetch over two young Gentlemen that were Students there; And there I became acquainted with Mr. Ireland, who was then Procurator of the Jeſuits at St. Omers. And in Auguſt 78. I did ſee him in VVolverhampton, upon the Sunday after the Aſſumption of our LaAuguſt, he came to ſee me, and I ſaw him there that Day.
What day of the month is the Aſſumption of our Lady?
That is alwayes the 15th of Auguſt, my Lord.
How often did you ſee him there?
I ſaw him Sunday and Munday, and till that ſeven Night, I ſaw him every day in that Week but one, when he went to Litchfield.
My Lord, I deſire to know how he comes to remember that it was at that time.
He tells you a Reaſon for it, becauſe it fell out to be upon the Sunday after the Aſſumption of our Lady, which is alwayes the 15th of Auguſt.
My Lord, he ſayes he came acquainted with Mr. Ireland at St. Omers.
Yes, he ſays, that was in the year 1675.
I deſire to know, my Lord, what Buſineſs he had there.
He tells you, he went to fetch over two young men that were Students there.
Pray, my Lord, I deſire to know what Religion he is of.
What Religion are you of?
I am a Roman Catholick.
I deſire to know what his Profeſſion.
I am a younger Brother, of a good and loyal Family as any of the County of Stafford, and that ſuffered as much as any for the late King.
I believe if it were looked into he is ſomewhat elſe beſides a younger Brother.
Yes, he ſays he is of a Loyal Family.
I am ſure there is ſuch a Family in that County that were great ſufferers for King Charles the Firſt, and the late King; and were very inſtrumental in Services for the late King, at his eſcape from Worcester; But whether he be of that Family or no I cannot tell.
The Doctor thinks I am a Jeſuite, but I'll aſſure him I have Wife and Children.
Mr. Oates was about to have made him a Prieſt, but it ſeems he hath a Wife and Children, and ſo it is out of danger.
Pray ſwear Mrs. Katherine Fowler. (which was done.)
Did you ſee Mr. Ireland, Mrs. Fowler, at Wolverhampton, in 1678?
Yes, I did.
When was it?
I did ſee him on Saturday the 17th of Auguſt at Wolverhampton, he came that day to my Mothers Houſe, where I was.
How long did he ſtay there?
Till the 27th, which was Munday was Sevennight after, I was in his ComFriday (which day they ſay he went to Litchfield to the Fair.)
Is Mrs. Harwell your Mother?
Yes, my Lord, ſhe is, and I lived at that time with my Mother.
How do you remember this, have you any Tokens that you can give us, why you remember it was then?
My Lord, I recollected my ſelf after Mr. Ireland's Tryal, in which Mr. Oates Swore that he was hear in Town between the 8th and 12th of Auguſt, that that was the very Month that Mr. Ireland was in Wolverhampton, and thereupon I concluded that Mr. Oates had not Sworn true by that Recollection when it was freſh in my memo
Madam, are you Mrs. Harwells Daughter?
Yes, I am ſo, Sir.
Did you not know one Mr Jenniſon?
Which Jenniſon?
Mr. Robert Jenniſon.
Yes, I do know him.
Are you not a kin to him?
Yes, but I am ſorry to own I have ſuch a Relation.
Swear Mr. Gifford, (Which was done.)
Did you ſee Mr. Ireland in Stafford-ſhire, and when; I pray you?
I ſaw him there at Wolverhampton the 17th of Auguſt 1678, and he conti
Pray, my Lord, be pleaſed to ask this Gentleman whether he were at the Tryal of Ireland.
No, I was not in Court nor examined as a Witneſs.
Were you at the Tryal of the five Jeſuites, Sir?
I was there, but was not examined.
Was it every day, ſay you, that you ſaw him at Wolverhampton?
Every day.
They ſay, he was one day out of Town at Litchfield.
He was out of Town that day, but I ſaw him.
Swear Mrs. Elizabeth Gifford, (which was done.)
You hear the Queſtion, did you ſee Mr. Ireland in Stafford-ſhire in 78. and when?
Mr. Ireland came to Wolverhampton the 17th of Auguſt, and conti
How do you remember it?
By a Wake that was juſt hard by, that was at that time; and he came to my Uncles Houſe upon the Sunday following the Aſſumption of our Lady.
Did you ſee him every day till the 26th?
I remember I did ſee him every day, but two days, that I was abroad at the Wake.
My Lord, I deſire to know whether She was examined at any of the former Tryals.
Yes, at the five Jeſuites Tryal, I was.
Were you not at Ireland's Tryal?
No, I was not.
There was one Gifford examined there.
Swear Mrs. Elizabeth Keeling; (which was done.)
Did you ſee Mr. Ireland at Wolverhampton, and when?
Yes my Lord, I did ſee Mr. Ireland at Wolverhampton.
Pray tell when it was.
It was the 17th of Auguſt he came to my Miſtreſſes Houſe.
What Auguſt?
Auguſt before the Plot.
Who was your Miſtreſs?
Mrs. Harewell, my Lord.
How long did he continue there?
He came on the Saturday, and I ſaw him there till the Monday. When I was ſent for to my Mothers Burying I left him and Madam Dormer at Dinner, and came back on the Thurſday. And in his Chamber I heard him diſcourſe, but I did not ſee him. Upon the Friday he went abroad, and returned again that Night. Upon the Saturday I faw him, and he continued there till Monday Morning, and then he went away, and returned on Wedneſday the 4th of September, and ſtayed till Saturday the 7th; and then went away from VVolverhampton.
I deſire to know what Religion this Woman is of.
I am a Roman Catholick, God be thanked.
Mrs. Keeling, When did Mr. Ireland return again do you ſay, after he went firſt to Wolverhampton?
It was the Wedneſday ſeven night after Sir.
That was the 4th of September.
How long ſtayed he there then?
Till Saturday in the Forenoon.
Whither did he ſay he was going then?
He ſaid he went to Bellamour to Dinner.
Did you ſee him at any time after?
No, my Lord, I ſaw him no more.
Then ſwear Mr. Richardſon, (which was done.)
Pray Sir will you give an Account when you ſaw Mr. Ireland, and where in the year 78.
My Lord, I ſaw a Gentleman that I was informed was Mr. Ireland, at Wolverhampton, at a Wake; which was Monday the 19th of Auguſt.
Where did he lodg?
At Mrs. Harwells.
What are you a Tradeſman?
Yes, an Apothecary in Wolverhampton.
How many days did you ſee him at Wolverhampton.
I ſaw him onely one day in the Market-place.
You did not know Mr. Ireland before?
But I was inform'd that was he.
What became of that Ireland that you were informed was at Wolverhampton then?
I heard preſently after that, upon Mr. Oates's Plot, he was ſecured and Executed.
What Religion are you of, pray Sir?
I am of the Church of England.
Pray, Sir, I would ask you this Queſtion.
As many Queſtions as you pleaſe, Mr. Oates.
Who told you it was Mr. Ireland?
Mrs. Harwell.
When was it ſhe told you it was Ireland?
To the beſt of my Remembrance, it was before he was apprehend
He is uncertain when he was told ſo.
Well, make what Advantage you can of it by and by.
Swear Mrs. Eleanor Graves, (which was done.)
Pray Miſtriſs did you ſee Mr. Ireland at VVolverhampton at any time?
Yes, I did my Lord.
When was it?
The firſt time was ſix years ago, in Auguſt it is now going on ſeven years ſince.
What time in Auguſt was it?
The firſt day was the 20th, or 21th, I am ſure I ſaw him upon the 22th; for I din'd with him, and was with him all the Afternoon; and ſup'd with him. Upon the 23th we went to Litchfield together, which was Bartholomew Eve. And I ſaw him the 25th, which was Sunday after.
Are you ſure it is the Ireland we are now ſpeaking of?
They ſaid it was the ſame Mr. Ireland that was executed. They call'd him ſo.
Nay, there is no great doubt, but only for Mr. Oates's Satisfaction.
At whoſe Houſe did he lye at VVolverhampton?
At Mrs. Harwells.
Where was it you ſup'd with him, I pray you?
He din'd and ſup'd at a Relations Houſe of mine.
Who was that? Name him?
It was at my Uncle VVinfords.
Did you go along with him to Litchfield do you ſay on the 23th?
Yes, and ſo did my Uncle; and at Night we came back together.
What Religion are you of Miſtreſs?
I am of the Church of England.
My Lord, I deſire to ask her, how did ſhe know it was the ſame Ireland that was tryed.
It was the ſame Ireland that they ſaid was afterwards executed. I know no more.
Did you go back with him to Mrs. Harwells from Litchfield?
I did, to my Uncle VVinfords Houſe.
Now we come, my Lord, to another Period of time, which is from the 26th of Auguſt, to the 29th; and for that we firſt call Sir Thomas VVhitegrave: who is a Juſtice of the Peace, and a worthy Gentleman; a Member of the Church of England in that County. Swear him, (which was done.)
Pray, Sir Thomas, will you be pleaſed to give the Court an account whether you ſaw Mr. Ireland in Staffordſhire, 1678, and what time it was?
I ſaw Mr. Ireland upon the 29th of Auguſt before the Popiſh Plot; It was upon a Thurſday in the Afternoon upon Tixhal Bowling green; and I diſcourſed with him; he told me he was to go home that Night with Sir James Simmons, and Mr. Heveningham. They told me afterwards he went on Saturday to Hilderſham, and went thence on Monday following towards Boſcobel; Sometime after that, a Rumor came down that Mr. Ireland was accuſed with others, of being in a Plot of the Papiſts; and my ſelf and ſome others that were in Commiſſion for the Peace in that County, did reflect upon the time that Ireland was in the Country, and we were a little diſturbed, becauſe he had been at particular Places among our Neighbours, whom we knew to be Catholicks.
Can you remember no day but that one, Sir Thomas?
Only the 29th I ſaw him there, and diſcours'd with him; and afterwards there was Word ſent to me, to deſire me that I would come up to London at his Tryal.
And did you come up, Sir Thomas?
No, I did not; I had no Subpaena: and being a Juſtice of the Peace, I did not think fit to leave the Country at that time without a Subpaena.
My Lord, I deſire to know of this Gentleman, how long he had been acIreland.
I Never ſaw him before, nor ſince.
He goes no further then the 20th.
No, my Lord, he does not. Then ſwear Mr. William Fowler, (which was done.)
Pray will you give an Account when you ſaw Mr. Ireland, and where?
I ſaw Mr. Ireland upon the 27th of Auguſt 78. in Staffordſhire, at a Horſe Race at Etching-hill. The Race was run between Sir Henry Gough, and Captain Cherwine.
Did you ſee him any other Day in that Month?
Yes, the 29th of Auguſt I ſaw him at Tixhall Bowling-green.
When elſe did you ſee him?
I ſaw him the 10th of Auguſt before.
Where, at Tixhall, at my Lord Aſton's Houſe?
Do you remember Sir Thomas Whitegrave was upon the Bowling-green the 27th of Auguſt?
Yes, he was, and did diſcourſe with Mr. Ireland there.
What became of Mr. Ireland afterwards?
He went about the Country for ſome time, my Lord.
Was it the ſame Ireland that was executed?
Yes, it was the ſame.
You ſay you ſaw him the 29th, at Tixhall Bowling green?
Yes, I did ſo.
When you heard he was taken up for the Plot, What did they ſay whither he went at that Time?
I think he went to Mr. Heveningams, or thereabouts.
I would fain know this Gentlemans Religion.
I am a Roman Catholick.
We ask it only becauſe Mr. Oates deſires to be ſatisfied in that point.
Pray ſwear Mr. Howard, (which was done.)
What time in Auguſt. 78, did you ſee Mr. Ireland in Staffordſhire, and where?
I came out of Shropſhire upon the 27th of Auguſt, to the Horſe-race at Etching-hill; and there I ſaw this Mr. Ireland upon the 28th. I dined at one Mr. Herbert Aſtons Houſe at Bellamore, and there I ſaw him again.
What other time did you ſee him?
Never any other time.
How does he know it was the ſame Mr. Ireland?
I came up to Town ſoon after, and they told me that knew him, that it was the ſame Ireland that ſuffer'd.
Swear Mr. Drayton, (which was done.)
Where did you ſee Mr. Ireland?
At Etching-hill Race.
What day was that?
That was the 27th of Auguſt, 1678.
When did you ſee him after?
The next day following I did not ſee him; but the Thurſday followTixhall, and he went home with Mr. Heveningham to Aſton, and I ſaw him on Friday, he was with us there; and went a fiſhing, and we catch'd a great Pike of yard long; which was not ordinary with us. Upon the 31th, which was Saturday, my Maſter went to kill a Buck in the Park, and Mr. Ireland went along with him; and they went to a little Village hard by, and there I parted with him, and did ſee him no more that day. Mr. Gerrard of Hilderſham was to meet my Maſter a hunting, but he was ſick, and did not. Then upon Sunday the firſt of September, I was ſent to ſee Mr. Gerrard of Hilderſham, and there I ſaw Mr. Ireland.
Who was your Maſter pray you?
This Lord Gerrard of Bromeleys Father.
He was accuſed by Dugdale of the Plot, and dyed afterwards in Newgate.
Pray ask Mr. Drayton what Religion he is of.
I am a Roman Catholick.
Swear Sir James Simmons, (which was done)
When did you ſee Mr. Ireland, Sir James?
Upon the Tueſday the 27th of Auguſt 78. I remember very well, I ſaw Mr. Ireland at the Horſe-race at Etching-hill, between Sir Henry Gough, and Mr. Chetwin; and I remember particularly, that Sir Henry Gough's Horſe diſtanc'd him. I did not ſee him before he came to the Inn, but there we met, and drank together. And Thurſday the 29th of Auguſt, being at Tixhall Bowling-green, Mr. Ireland was there, and came home with my Father Heveningham and me, and ſome Gentlemen in the CounAſton, and ſtay'd there that Night. I remember the next day was Pancraſs Fair, and I went to the Fair, and did not come home.
What day of the Month is that Fair uſually kept?
It is an unconſtant time; now and then in September, now and then in Auguſt; and that year we had a Subſcription to get it regulated to a certain day.
Did you ſee him after?
My Lord, I cannot ſwear to the Saturday, becauſe I cannot ſo well tell whether I came back from the Fair on Friday Night, I think I did not.
Swear Mr. Green, (which was done.)
Did you know Mr. Ireland?
Yes, my Lord, I did.
When did you ſee him in 78?
The firſt time was Etching-hill Race, the 27th of Auguſt.
What other dayes do you remember?
Thurſday the 29th, I ſaw him; I belong to Sir James Simmons, and Mr. Ireland came home with him, and ſome other Gentlemen to Mr. Heveningham's at Aſton; and was a ſetting with him on Friday the 30th in the Afternoon. And Saturday the 31th, he was a hunting with Mr. Gerrard. Nay, more then that, I ſaw him drawn on the Sledg, but not executed. And that was the ſame man that was there at that time.
What Religion is this Gentleman of?
I was ever a Roman Catholick.
Pray were they a fiſhing that Day?
In the Morning he was, and they got a great Pike; I ſaw the Pike, and did eat part of it.
Swear Mr. Fallas, (which was done.)
When did you ſee Mr. Ireland, Sir?
Upon the Thurſday after Sir Henry Gough's race, which was Thurſday the 29th of Auguſt; Mr. Ireland came to Mr. Heveninghams, and I look'd to his Horſe there. Upon Friday Morning they went a fiſhing, and got a great Pike; and I did ſee them go out a ſetting after Dinner, he and Mr. Green, with my Lady and the Keeper; and I ſaw him come in again. And I ſaw him drink a Glaſs of Table Beer in the Hall. UpSaturday Morning, which was the 31th of Auguſt, they went a hunting in Mr. Gerrards Park, and kill'd a Buck; and afterwards my Maſter asked him to go home with him again, but he would not: For he ſaid he muſt go to Mr. Lowes at four, and we parted at three. And I came here, and ſaw him executed; but while he was at my Ma
When did you ſee him executed?
It was the 24th of January afterwards, I think.
What Religion are you of?
I am for the Church of England, a Proteſtant, I alwayes was ſo.
Pray, my Lord, ask him when he was acquainted with Mr. Ireland?
The firſt time was the 29th of Auguſt, when he came to my Maſters Houſe.
That does not come to my time, my Lord.
But it comes very cloſe to it; it reaches to the 31th of Auguſt.
It is within a day of you, upon my word.
And I'll tell your Lordſhip what is yet more conſiderable; this place is an hundred and twenty miles from London: but we ſhall not leave him there.
I deſire to know whoſe Servant he is.
I am a Servant to Mr. Heveningham, and I ſerve the King; I come to teſtifie the Truth. I was here before, but then we muſt not be heard; all the cry was againſt us, that we were Rogues, and muſt be knockt on the head.
Were you here at any of the Tryals.
I was at the Council-Table, and there I was in great danger of being knockt on the head.
Would they have knockt him on the head at the Council-Table, does he ſay?
I have been in the Room by the Council-Table, where they have cryed, Knock them down, hang them Rogues; do they come to be Witneſſes againſt the Saviour of the World? And they came about me there, and asked me if I knew any of them, or was of their company? And I was glad to ſay I came thither about a Suit of Law I had with a Brother of mine; and then they pitied me.
Now we have brought him, my Lord, every night where he lodged from the 3d of Auguſt to the 31th.
And then we ſhall prove that he went to Mr. Gerrards at Hilderſome that they ſpeak of; there he was the 31th and 32th—
How, Mr. Attorney, the 32th? I doubt you will hardly be able to tell us where he was that.
The Firſt of September I mean, my Lord.
Aye, we underſtand you very well.
Swear Mr. John Proctor. (Which was done.)
When did you ſee Mr. Ireland, in 78?
I ſaw him the 31th of Auguſt 78.
Where?
At Fulford.
At whoſe Houſe.
At Mr. Lowes.
That was the place the other Witneſs ſaid Ireland told him he was to be at Four of the Clock, and therefore went away at Three.
When did you ſee him afterwards?
I ſaw him the next day, the 1ſt of September.
Where?
At Eſquire Gerrards.
How far is that from Mr. Lowes?
It is a mile and a half.
Did you ſee him afterwards?
Not there I did not.
What Religion are you of?
I am a Proteſtant.
What did you hear became of that Ireland afterwards?
I ſaw him Executed at Tyburn afterwards, and it was the ſame Man.
Where did you live then?
I lived at Fulford then.
What, with Mr. Lowe?
Yes, my Lord.
It ſeems he was a Servant to a Papiſt.
What then, what of that?
My Lord, I deſire you would ask him whether he ever ſaw Ireland before the 31th of Auguſt which he ſpeakes of?
No, I did not.
But you are ſure it was the ſame man you ſaw Executed?
Yes, I am ſure of it.
What Circumſtance can you tell that he was the Firſt of September at Mr. Gerrards?
I went to dinner thither that day: I Rode before Madam Brooke.
What day of the Week was that Firſt of September?
It was upon a Sunday, my Lord.
Was that about Pancraſs-Fair-time?
Yes, my Lord, it was.
He can tell you another circumſtance how he comes to remember him at Mr. Lowes the 31th of Auguſt.
Aye, by what Token do you remember that he was there the 31th of Auguſt?
I went that day to
How does he ſay he knows him to be the ſame Man?
He has told you twice he ſaw him Executed.
What Religion is he of does he ſay?
He is a Proteſtant.
Then Swear Mr. John King. (Which was done.)
Pray do you acquaint the Court and the Jury where you ſaw Mr. Ireland, and when.
I ſaw Mr. Ireland at Mr. Gerrards of Hilderſome the Firſt of September that year that the Plot broke out, which was in the year 78. There I ſaw him on Sunday; there he ſtayed all night, and ſo did I; and on Monday-morning I went to Mrs. Cromptons where I liv'd, and he came thither to Millage as ſoon as I, which is within a mile of Hilderſome, and dined there the ſame day.
How far is that from London, pray you?
An hundred and ten miles.
And he was there at Dinner, you ſay?
Yes, he was.
How long was it before Dinner was done?
I believe he might go thence about Two of the Clock.
Where did he ſay he deſigned to go then?
He deſigned to go to Boſcobel that night.
Do you remember any body elſe was at Mr. Gerrards then when you ſaw him?
Yes, Mr. Jerman Drayton was at Hilderſome at that time.
Pray, what Religion is this Gentleman of?
I am a Roman Catholick, Mr. Oates.
Pray, Swear Mr. Francis Lee. (Which was done.)
Pray, tell my Lord and the Jury where you ſaw Mr. Ireland, and when.
I was a Servant to Mr. Gerrard, and Mr. Ireland upon Saturday-night came to my Maſters Houſe, and ſtayed all night and all day on Sunday, and went away on Munday to Millage.
What time and what year was it?
It was in 78; but I am not certain of the day of the Month: It was on a Satur
What Month was it?
It was in Auguſt, as I think, the laſt day, but I am not certain. And he went on Monday to Millage, and there dined at Mrs. Cromptons; and from thence he went to Pancraſs, and thence he did go to Boſcobel, and ſtayed all night there.
That was the Second of September.
How do you know he went to theſe places?
I was told ſo.
My Lord, I deſire to know how long this man was acquainted with Ireland be
I never ſaw him but at that time.
How does he know it is the ſame man then?
Here is a man that ſaw me with him, and was preſent at Irelands Executi
Who is that, Proctor?
Yes, my Lord.
Then call Proctor again, (who came in again) Who went along with you to Din
My Lord, he did ſee me at Hilderſome at Mr. Gerrards.
What ſay you, Proctor, was this Gentleman there at that time?
Yes, my Lord, I did ſee him there.
Was that the ſame man that was Executed, which you ſaw at Mr. Gerrards?
Yes, it was.
Did you dine with Mr. Ireland on Munday at Mrs. Cromptons?
Yes, my Lord, I did, and went afterwards with him to Pancraſs, and ſtayed there two hours, and then he went to Boſcobel.
There are the two days gone which Mr. Oates ſwore to, and in which he was ſo poſitive that it was either the firſt or ſecond of September.
Then Swear Mr. Biddolph. (Which was done.)
Pray, Sir, when did you ſee Mr. Ireland, and where?
My Lord, I was in Staffordſhire the latter end of Auguſt, and the beginning of September, and I was at Mrs. Cromptons Houſe, which is my Aunt, the Second of September, being Munday, where I ſaw Mr. Ireland and dined with him that day; and after dinner he went with Mr. Gerrard's Son who was to go to School to Boſcobel: And I will give your Lordſhip a particular circumſtance that may ſatisfie you that I am not miſtaken in the time: As I came thorough Northamptonſhire that Summer, I was at my Lord Cullens, and he deſiNewton-Slade, where there is a Plate always RSeptember, and that year it was the 5th of September. Now when I dined at my Aunt Cromptons, ſhe would have had me ſtaid all night at her Houſe, but I exCullen to be at the Race, and I muſt needs be there before, to be as good as my word to my Lord; and therefore I went away to Pancraſs, and ſo on my Journey otherwiſe I had ſtayed with my Aunt all night: And I am ſure this was Munday before this Horſe-Race.
My Lord, this Gentleman ſpeaks to no year particularly.
It was in 1678, the year before Mr. Oates's Plot broke out.
Now we will call Mrs. Crompton: Swear her. (Which was done.)
Pray, when did you ſee Mr. Ireland, Mrs. Crompton?
He was at my Houſe at Millage in Staffordſhire at Dinner, the ſame day that my Nephew Biddolph did dine there: As for the day of the Month I cannot ſo well tell it, becauſe when my Friends dine with me, I do not uſe to note down the day particuPancraſs-Fair. Mr. Gerrard of Hilderſome came with him, and Mr. Ireland being a Stranger, I asked who he was, and they told me it was Mr. Ireland: He never was at my Houſe before nor after; he was a meer Stranger to me.
What day was it ſay you?
It was the ſame day my Nephew Biddolph dined there.
Was it Munday the ſecond of September, do you remember?
He ſays he was at her Houſe at Millage that day, and ſhe ſays it was the ſame day he dined there.
But I never note down the particular days when my Friends dine with me, except I had particular occaſion to do it, as I had none at this time.
My Lord, I deſire to know what Religion this old Gentlewoman is of.
I am a Roman Catholick, my Lord.
Swear Mrs. Palmer. (Which was done.)
Mrs. Palmer, where did you ſee Mr. Ireland?
I was at dinner at Mrs. Cromptons at Millage, where there was a Gentleman called Mr. Ireland that did dine there.
When was it?
I cannot tell truly what day it was.
Who was there beſides you at dinner that day?
'Tis ſo long ſince I cannot remember.
Was Mr. Biddolph there?
Not that I remember, my Lord.
What do you bring her for, Mr. Attorney?
She dined there that day it ſeems; but if ſhe cannot remember it, I cannot help it.
But theſe kind of Witneſſes do but ſlack your proof.
My Lord, I think we do ever do our Buſineſs indeed.
We have one Witneſs more to this point, and that is Mrs. Mary Holmes; Swear her. (Which was done.) Where did you ſee Mr. Ireland in the year 78.
I ſaw him at Millage, my Lord.
When?
The firſt or the beginning of September, I am ſure.
What day of the week was it?
Munday.
You have proof enough of this, Mr. Attorney General.
Truly, I think ſo, my Lord.
Pray ſwear Mrs. Eſther Gifford. (Which was done.) Mrs. Gifford, when did you ſee Mr. Ireland?
Upon the ſecond of September 78 I ſaw Mr. Ireland, above a hundred miles from this place.
Where?
At Pancraſs.
What time of the day was it?
In the Afternoon about Four or Five a Clock.
Did he ſtay there all night?
I cannot tell indeed.
Swear Mr. Pendrel. (Which was done.)
Now, my Lord, we are come to the ſecond of September in the Evening; we ſhall prove where he was that night and the third, and then we ſhall return to the fourth of September, when Mrs. Harwel ſwears he came back to Wolverhampton.
When did you ſee Mr. Ireland, Mr. Pendrel?
I ſaw him upon the ſecond of September.
Where did you ſee him?
At Boſcobel at my Houſe, there he lodged with me that night.
In what year was it?
In the year 1678.
Was it the September before the Plot, and before Mr. Ireland was Execu
Yes, my Lord, it was.
Did you know him before?
No, I did never ſee him before as I know of.
How long did he ſtay there?
He ſtayed that night and the next day all day, and went away the 4th of September to Black Ladies.
Whoſe houſe is that?
It is Mr. John Gifford's.
You ſay you live at Boſcobel; did you hear any thing of a Letter came to your houſe for Mr. Ireland?
Not that I know of, my Lord, there was not any that I remember.
Then ſwear Mrs. Pendrell, (which was done.)
Pray, Miſtriſs, will you give an account where you ſaw Mr. Ireland.
I ſaw him at Boſcobel, at the Royal Oak; he came there the ſecond day of September.
Can you tell what year it was?
It was the firſt beginning of the Plot.
How long did he ſtay there?
He ſtaid Tueſday, and Wedneſday, he went to Black Ladies, and ſo away to Wolverhampton.
We have but one Witneſs more, my Lord, for Wedneſday the fourth of September, and then we have done. Swear Mr. Charles Gifford, (which was done.) When did you ſee Mr. Ireland?
May it pleaſe your Lordſhip, I ſaw Mr. Ireland at my Fathers houſe at Black Ladies—
My Lord, I would ask Mrs. Pendrell a Queſtion before ſhe goes: Whether ſhe was not a Witneſs at the five Jeſuits Tryal?
I was in Court, but they would not ſuffer me to ſwear.
Did ſhe not give Evidence there?
She was examined, but ſhe could not be ſworn, becauſe ſhe came to teſtifie a
Pray what ſay you, Mr. C. Gifford?
My Lord, I ſay I ſaw Mr. Ireland at my Fathers houſe at Black Ladies, and he ſtaid there an hour and a half, and went thorough Chillington, and ſaid he would go to Wolverhampton.
What day of the month was it?
I am morally certain, it was the fourth of September, and ſo he went to Wolverhampton, as I am informed. He came to our houſe to ſee a Lady that was there.
What Lady was it?
It was one Madam Wells.
Thus, my Lord, we have lodged him the fourth of September at Wolverhampton,
Harwell ſays, he returned to her; and ſo, my Lord, we have given an account where he was from the third of Auguſt, to the 14th of September.
We have prov'd where he was every day in that time, but onely the 8th of September, and for that we muſt leave it to the Jury. We have proved that he came aHarwell's the 7th, and ſaid he was to go to Tixhall; and the ninth he did go from Tixhall in Sir John Southcoates company, and came to London the 14th.
Well, what ſay you to it, Mr. Oates?
Has Mr. Attorney done his Evidence, my Lord?
We ſhall call no more Witneſſes, unleſs you go about to ſupport your own Credit, and then we have other Witneſſes to call.
I do not value any Witneſſes you can bring againſt my Credit.
Well, for the preſent we do not deſigne to call any more Witneſſes.
Then let us hear what you ſay to it.
My Lord, here is an Indictment exhibited againſt me, which ſets forth, that I ſhould ſwear at Mr. Ireland's Tryal, that Mr. Ireland was in Town the firſt and ſecond of September; and it ſets forth, that in truth he was not in Town: And likewiſe it ſets forth, that I ſwore at the Tryal of the five Jeſuits, that Mr. Ireland took his leave of me and oRuſſel-ſtreet, between the 8th and 12th of Auguſt; whereas the Perjury there aſſigned, is this, That he did not take his leave of me or any oAuguſt, at his Lodging in Ruſſel-ſtreet. Now, my Lord, I was not the onely Witneſs of Mr. Ireland's being in Town in the month of Auguſt; nor the onely Witneſs of his being in Town about that time in September. My Lord, my Proſecutors have endeavoured to maintain this Charge againſt me, thus: The firſt thing they have gone upon, as far as I can remember in the Indictment, is as to the firſt or ſecond of September, or rather they have endeavoured to prove both under one. Now in anſwer to all this Evidence, my Lord, the firſt thing I ſhall offer to your Lordſhips conſideIreland, which was the 17th of December 1678, at the Old-baily, and it is now ſix years after that Evidence of mine was delivered. A ſecond thing is, that the Indictment is found by ſpecial Commiſſion, as appears by the Indictment it ſelf. Now I muſt recommend to the conſideration of your Lordſhip, and this Jury, why the proſecution of this pretended Perjury has been delayed ſo long, when it appears by the Evidence which has been proIreland and the reſt about the Popiſh Plot, is not aſſigned as any Perjury at all; it is only a circumſtance of Time and Place: And, my Lord, I ſhall offer this to your further conſideration, that Ireland was convicted for a Treaſonable Reſolution to murder the late King, and not for beAuguſt or September 78, or elſewhere; and he was not convicted for his being in his Chamber in Ruſſel-ſtreet, and taking his leave there in Auguſt, which is one matter of the Perjury now aſſigned. Next, my Lord, 'tis hard and unreaſonable to tye up VVitneſſes that come to diſcover Plots and Conſpiracies, to ſpeak poſitively as to cirIreland was the firſt or ſecond of September poſitively here in Town; but, my Lord, I did (I believe) give my ſelf a Latitude, and would not conSeptember there, I am poſitive: I muſt therefore beg your Lordſhips and the
Foſter did prove that I was poſitive and preciſe to the days of the 1ſt and 2d of September 78.
In my opinion it is a plain Evidence that you did ſwear poſitively to thoſe two days; and you ſpoke to a circumſtance very material in your Evidence, that either the firſt or ſecond of September you had twenty ſhillings of him in Town here: now that circum
Then, my Lord, I ſhall begin with my Proofs: but, my Lord, I deſire I may have free liberty to mind my Buſineſs; for here is a Gentleman behind me that will not let me be at quiet, but is either medling with me or my Papers.
Who is it? let me know him, and I will take care to make him quiet, or ſet him farther off. You Gentlemen that are at the Bar ſhould know better, one would think: He muſt have liberty to make his own defence; and if he complains and lets me know who meddles with him, they had better do ſomewhat elſe.
My Lord, the firſt thing that I offer is, that Ireland was convicted of Treaſon, and for that you have the Record.
It is allowed of all ſides, that Ireland was convicted and attainted of Trea
Then, my Lord, the principal Defence which, as near as I can remember, Mr. Ireland made at his Tryal, was an endeavour to prove that he was not in Town between the 8th and 12th of Auguſt, nor the 1ſt and 2d days of September, which are the points now in Iſſue; and he then produced one Mr. Gifford and his Siſter and Mother; and fifteen or ſixteen Witneſſes were produced at Mr. Whitebreads: Tryal, of which there is another ReIreland was Tried: There Mr. Whitebread produces ſeveral Witneſſes, Mr. Gifford, I ſay, and ſeveral others, I think to the number of ſixteen, which were to prove Ireland's being out of Town in theſe times that theſe Witneſſes ſpeak of. Now, my Lord, all thoſe ſeveral Witneſſes being produced to prove Ireland then out of Town, the very point that is now in Iſſue, was then ſo: and notwithſtanding all thoſe Witneſſes, the Jurors who tryed Mr. Ireland, and the Jurors who tryed Mr. Whitebread and the other four Jeſuites, found them Guilty; though they endeavoured with all their force imaginable to oppoſe my Teſtimony, and it was left to the Conſideration of the Jury what their Witneſſes had ſaid. If your Lordſhip pleaſes to remember, my Lord Chief Juſtice Scroggs did obſerve to the Jury, that the Evidence of the Priſoner at the Bar did conſiſt onWhitebreads Tryal he was pleaſed to call it Catching in point of time. And it was obſerv'd at Ireland's Tryal, that his Defence was ſo weak that my Lord Chief Juſtice Scroggs upon the integrity of Bedloe's Evidence and mine, uſes theſe words to the Jury, (though he then endeavoured to do what theſe Witneſſes do now): It is moſt plain the Plot is diſcovered, and that by theſe men, and that it is a Plot and a Villanous one; which ſhews not only the fulneſs and ſatisfactorineſs of our proof that we gave, but does alIreland laboured to diſprove me in that circumſtance of time, yet ſtill the Court did juſtifie the Evidence that Mr. Bedloe and my ſelf had given: And the ſame Chief Juſtice ſaid, I leave it to you to conſider, whether you have not as much Evidence from theſe two men as can be expected in a caſe of this nature; and whether Mr. Oates be not rather juſtified by the Teſtimony offered againſt him than diſcredited. This was after his Plea was debated and conſidered: and I muſt further obſerve to your Lordſhip, that though Mr. Ireland by his falſe Witneſſes preſſed this matter as far as he could then, and urged the Court to believe it, yet when the Jury brought in their Verdict and found him Guilty, the Chief Juſtice exIreland, at his Tryal, and the ſame point of his being out of Town was again managed beSeroggs, in ſumming up the Evidence at that Tryal, ſays, They fall foul upon Mr. Oates, meaning my ſelf; he appears to have been their Agent, and whilſt ſo, bad enough: But if he had not had a mind to have become a good man, he would not have done us that good he has done in the diſcovery of the deſign they had enIreland out of Town, and me at St. Omers, in the ſame Charge to the Jury, my Lord Scroggs did take notice that the Jeſuites were very exact at catching in a point of time; but now ſays, that is a thing that no man can preciſely charge his memory withal; and therefore he does there perſwade the Jury, that that ſhould not be too ſtrictly the meaſure of their Judgments about Truth and Falſhood, by the miBedloe, who at his death confirmed all that he had ſworn of the Popiſh Plot to be true, and affirmed that he had rather ſpoken leſs than the Truth than more; and for that I deſire that my Lord Keeper may be called, who took his dying Examination.
As for that, Mr. Oates, it is a thing very well known to the world, and particuNorth) that Mr. Bedloe when he was ſick, did make ſome ſuch Proteſtation.
Then, my Lord, I deſire that Mr. Blayney may be ſworn, to give an account what Mr. Bedloe teſtified at Ireland's Tryal.
Then Mr. Blayney was Sworn.
Mr. Blayney, pray will you ſee in your Notes of Ireland's Tryal, whether Mr. Bedloe did not ſwear that Mr. Ireland was in Town, the latter end of Auguſt 78, or the beginSeptember.
Where abouts in the Tryal is it Sir?
It is in the Printed Tryal, folio 41.
My Lord, I do finde theſe words in my Notes, that Mr. Bedloe ſhould ſay, about the latter end of Auguſt, or the beginning of September; but I believe it was the latter end of Auguſt: Mr. Ireland was at Harcourt's Chamber, and being ask'd the queſtion by my Lord Chief Juſtice Scroggs, Whether he ſaid it poſitively, it was the latter end of Auguſt, he ſaid it was in Auguſt, he would not be poſitive to a day, but he thought the latter end.
'Tis very well known that too, that Bedloe did ſwear Ireland was in Town the latter end of Auguſt or beginning of September, and to confirm it upon Mr. Ireland's denial, you ſwore he was in Town the 1ſt or 2d of September, and gave you twenty ſhillings, that was the occaſion of your Oath.
Then, my Lord, I deſire to call ſome Witneſſes to teſtifie to the Depoſition that was taken of Mr. Jenniſon, about Ireland's being then in Town.
When was that Depoſition taken, and before whom?
It was taken in year 79, by Sir Edmund Warcup.
But we cannot admit that in Evidence, unleſs the Kings Council will con
My Lord, I will then produce what he ſwore at another Tryal.
Why, where is he, is he dead?
My Lord, It has coſt me a great deal of money to ſearch him out; but I cannot any where meet with him, and that makes my caſe ſo much the harder; that I cannot when I have done all that man can do, get my Witneſſes together. I ſent in the depth of Winter for him, when I thought my Tryal would have come on before; but I could never hear of him.
We cannot help that.
Will what he ſaid at any other Tryal be Evidence here?
Look you, though in ſtrictneſs, unleſs the party be dead, we do not uſe to ad
Have you the Record of Sir George Wakeman's Tryal there, Sir Samuel Aſtry?
Here it is, if Mr. Oates have any uſe for it, we will lend it to him.
Put it in, and now prove what you can, what Jenniſon ſwore at that Tryal.
Mr. Blayney, have you your Notes of Sir George Wakeman's Tryal here?
No Sir, the Ticket of your Subpoena did onely mention Ireland, Whitebread and Langhorn's Tryals. But I did formerly upon another occaſion look for the Tryal of Sir George Wakeman, but could not find it among all my Notes.
Sir, Can you remember then what Jenniſon ſwore at that Tryal, about Ireland's being here in Town?
Truly, my Lord, I can never truſt my memory at all when I take Notes, and it is now ſo long ſince that Tryal, that I dare not undertake to ſay I remember any par
He ſays it is ſo long ſince that he cannot remember any thing. But there is Sir Edmond Warcup, now is he ſworn.
Yes, My Lord.
What do you ask him then?
I would deſire to Examine Sir Edmund Warcup, my Lord, about the Depoſition of Jenniſon that he took.
But we tell you that cannot be admitted as Evidence, without they will con
My Lord, He proves Mr. Ireland here the 19th of Auguſt, and that contradicts theſe Witneſſes.
If they will admit it well and good, elſe we cannot do it.
My Lord, we will be ſo fair with Mr. Oates, if he will admit Mr. Jenniſon's Letter that is under his hand, wherein he does own that he was miſtaken in his whole Evidence about that matter, we will conſent his Depoſition be read.
If he will not conſent to that, there's no reaſon you ſhall conſent to the other, Mr. Attorney.
Look you, Mr. Oates, Mr. Attorney makes you this Offer, You deſire to have Mr. Jenniſon's Depoſitions read; which cannot be done without their conſent; they tell you they will conſent, if you will let them prove what he has own'd ſince about that Buſi
My Lord, I will conſent with all my heart; let them read any Letter under his hand.
Well, do it on both ſides by conſent: And now Mr. Oates, do you produce his Examination.
Pray, Sir Edmund Warcup, will you pleaſe to give the Court an account, what DeJenniſon made before you about Ireland's being in Town in Auguſt 78.
If my Lord commands me, I will.
Ay, you muſt anſwer his Queſtion.
This Mr. Jenniſon did make one Information before me, and accor
Have you his Examination here, Mr. Oates? If you have, ſhew it him.
If I ſee my hand to it, atteſting it was ſworn before me, I can ſay ſome
My Lord, he ſays he delivered it into the Council; but it is printed.
That is no Evidence, man.
I can ſay nothing to it, unleſs I ſaw it under my own hand.
That is impoſſible for me to have, my Lord.
I cannot tell how to help it.
You have no more to ſay to me, Sir, have you?
No, Sir, I have not. Pray call Sarah Batten.
Is that the ſame that was Sarah Pain?
I think ſo, Sir; I am not ſure it is ſhe, till ſhe come hither.
Here is Sarah Batten.
Pray ſwear her, and call Sir Thomas Doleman, (which was done;) but Sir Thomas Doleman did not appear.
Pray was not your name Sarah Pain?
My Lord, I deſire my Charges before I ſpeak.
What is your name, good woman?
My name is Sarah Batty.
Was not your name Sarah Paine once?
No, my maiden name was Sarah Edmunds.
Was not you a Witneſs at the Tryal of Mr. Ireland?
No, Sir.
Did you not live with my Lord Arlington?
No, Sir.
Then I have been at all this charge for nothing. Are you ſure your name was not Sarah Paine?
No indeed, Sir.
They told me that ſhe liv'd at
Ʋxbridge, and thither I ſent.
I do live at
Ʋxbridge, Sir.
Upon your Oath, were you a Witneſs at any of the Tryals, or no?
No, my Lord, I was not.
Then I have nothing to ſay to her.
What other witneſſes have you to call?
VVe have labour'd all we could to find her out, and ſearched for her with all the care imaginable; and here we thought we had had her, but it ſeems it is not ſhe.
VVe cannot help it.
I hope, my Lord, you will conſider my Charges in coming up hither.
I will take care of thee, Sweet-heart.
VVho do you call next?
Pray call Mr. Charles Clare.
He is not here.
Pray call Mr. Percivel. My Lord, I deſire Mr. Blayney may give an account what ſhe ſwore about Ireland's being in Town, ſeeing I cannot have her here.
That we cannot do neither, without Mr. Attorney will conſent: for this, as well as the other, is an extraordinary thing.
You ſee by my bringing this VVitneſs, my Lord, that I have done what I could to find her out.
VVhat ſay you, Mr. Attorney, will you conſent?
No, my Lord, it is ſo irregular, that we cannot conſent to it.
Pray call Mr. Percival and Mr. Vaughan.
They do neither of them appear.
Then I muſt loſe the benefit of her Teſtimony.
Have you done?
No, my Lord, I will have done immediately.
Take your own time.
I deſire Sir Michael Wharton may be called.
He is not here.
Pray call Mr. Charles Chetwin.
He is not here.
Pray call Mr. Robert Bowes.
He is not here.
Pray call Mr. John Savill.
He is not here.
My Lord, I have ſerved all theſe with Subpoena's; and if they will not come, I cannot help it.
Nor we neither.
Mr. Jenniſon was uſed as a VVitneſs in the Tryal of Sir George Wakeman, and ſo was Mr. Bowes, and Mr. Burnet, who was produc'd to prove the cirJenniſon's Evidence: But, my Lord, ſince I cannot have the beSarah Paines, I muſt only ſum up all I have to ſay in two or three words: My Lord, beſides that what I did deliver in Evidence at thoſe Tryals, I gave in upon Oath: you have Mr. Bedloe's Evidence at the TryIreland teſtified by Mr. Blayney; and the teſtimony of him as a dying man, given into my now Lord Keeper, wherein he averr'd, That what he had ſpoken of the Plot, was all true: And you hear that he ſwore Mr. Ireland was here in Town in Auguſt, and ſo did Sarah Paine too; and I think upon my ſelf as very hardly uſed, to have ſuch a part of my Teſtimony brought in queſtion, after Witneſſes are dead, or gone out of the way. As for Mr. Jenniſon, his Evidence was formerly made uſe of; and his Evidence was approved of too, as is well known to thoſe that ſate Judges upon the late Viſcount Stafford. But this is that, my Lord, I muſt needs ſay for my ſelf, That as I hope to ſee the day of Salvation in another world, whatever I have ſworn about Mr. Ireland's being here in Town betwixt the Eighth and Twelfth of Auguſt 78, and in the beSeptember, is true, as I ſhall anſwer it before God another day. And, my Lord, as to the Evidence this day brought againſt me, I deſire you would but obſerve, though that there are many of thoſe Witneſſes, yet a great part of them do not come up to the Eighth or Twelfth of Auguſt: and I hope your Lordſhip will remember and remark to the Jury, what little Credit thoſe of them had that came to teſtifie in the behalf of Mr. Ireland at his Tryal, and at the Five Jeſuits Tryals, of which there are two Records before you; and they do firſt juſtifie this, That Ireland and the reſt of them were Guilty of what they were accuſed of; and then, That theſe Witneſſes did not teſtifie the Truth.
Beſides theſe two Tryals, my Lord, you have a third Verdict, and that is at the Tryal of Mr. Langhorn: Now the whole Popiſh Plot almoſt was laid forth in thoſe three Tryals; and, my Lord, I believe verily I am the firſt Precedent in all England, of any ones being Indicted for Perjury that was a Witneſs for the King in ſuch a Caſe as this, after ſix years time elapſed, after Verdict upon Verdict, and Judgment and Execution upon theſe Verdicts, and when no new Objection is now offered, but what was then ſtarted; and no new circumſtance occurs now, but was as forcible then, except it be the change of the Seaſon. And I deſire it may be conſidered, when all the Judges of England were ComOyer and Terminer at thoſe Tryals, theſe matters were fully diſcuſſed and debated; and then they did look upon all the Objections as fully anſwered and confuted.
My Lord, I am confident if I had been a Witneſs in any other Cauſe than of a Conſpiracy of the Papiſts, I might have had fairer quarter than I have now: And I do verily believe, that at this rate, it is more ſafe for Papiſts to be Tray
My Lord, and Gentlemen of the Jury, I beſeech you to take my Caſe into your ſerious Conſideration, as to the hardſhip of it; and ſince all my Witneſſes are in plaCampian and others in Queen Elizabeths time, of Garnet and the Powder-Jeſuits in King James's time, and the deſigns of the Popiſh party in the time of the late King Charles, the firſt diſcovered to the Archbiſhop of Canterbury: If theſe things do paſs for Truth, and there is no Averment againſt ſo many Records as we have of their Conſpiracies, then my Diſcovery is no ſuch improbable a thing; and I hope then the Gentlemen of the Jury will take it into their conſiderations, who they are that are Witneſſes in this caſe; men whoſe very Religion is Rebellion, and whoſe Principles and Practiſes are pernicious to the Government; and thereby they are to be lookt upon as dangerous perſons in Church and State. But, my Lord, if the Letters of Coleman be well conſidered, they will juſtifie me that he Correſponded with Le Cheeſe the French Kings Confeſſour, for the promoting of Popery in England, is notorious to all mankind that have either read or heard that Tryal: Your Lordſhip was of Council for the King in that caſe, and heard how it was opened and plainly proved upon him: And when his Letters have been made ſo publick, and proved under his own hand, nay and confeſſed by himſelf, I think no man will doubt but that muſt be a plain proof of the Plot, and will be enough to vindicate me.
My Lord, I have one word more and then I have done, and leave it to your Lordſhip and the Jury. My Lord, as they would now fling the Popiſh Plot upon me, ſo there is an evident deſign to fling the Murder of Godfrey upon a Proteſtant Peer; and becauſe an Indictment was upon the Teſtimony of the Traytor Fitz-harris, againſt that noble Lord, they have reſolved to have profliSolomons Whore, and ſay, They have done no miſchief. My Lord, I leave theſe things to the Conſideration of the Court and Jury; I will not detain you any longer: I have called what Witneſſes a could get, but the diſtance of time has made it impoſſible for me to have thoſe here now, that did give Evi
My Lord, I have one favour to beg of the Court, I had but a bad night laſt night, and am now in great pain; I deſire that you would grant me one re
We did aſſigne you Councel before; you may have who you will for Councel.
Will your Lordſhip be pleaſed, to do me the favour to let me have ſome time to prepare and inſtruct Councel:
Ay, what time would you have?
A weeks time, if your Lordſhip pleaſe.
Give him till this day ſeven-nights, there may be no hurt in that.
Till Munday
No, no, we cannot do that; we give you a Weeks time, which is more than ordinary; for by the Rules of the Court there are but four days allow
I thank your Lordſhip for that time you have given me, but I hope you will be pleaſed to take the particulars I have mentioned, into your conſi
Ay, you may go, if you will.
May it pleaſe your Lordſhip, and you Gentlemen of the JuTitus Oates, for ſwearing that William Ireland was in Town, upon the firſt or ſecond of September 78. And likewiſe, for ſwearing that he took his leave of him at his Chamber in Ruſſel-ſtreet, between the eighth and twelfth of Auguſt 78. And we do aſſigne the Perjury in both thoſe points, that he is forſworn in both, and the Evidence of that Perjury is, that it is impoſſible to be true, what Oates did ſwear, becauſe Mr. Ireland was not in Town beAuguſt, nor the firſt or ſecond of September.
Gentlemen, You have heard the Evidence that has been given, and there has been no leſs than between forty and fifty Witneſſes produced to ſhow that it is really impoſſible what Oates did ſwear ſhould be true; he tells you that this matter is in a circumſtance of Time, wherein it is difficult for a man to be poſitive to a day, and a man may be allowed ſome Latitude in ſuch a Caſe; Nay, it is uſual with Witneſſes in points of time, to ſwear with a Latitude, but, my Lord, to ſhow that, if we ſhould grant that falſe Doctrine to be true (and falſe moſt certain it is, and of miſchievous conſequence it would be, if when things are charged upon men, that depend upon circumſtance of Time and Place, the Witneſſes ſhould not be ſtrictly kept to thoſe circumſtances) yet, I ſay, granting that Poſition, it is impoſſible it ſhould do him any ſervice in the Caſe before you: For between the beginning of Auguſt, and the fourteenth of September, (which includes both the times he ſwears to, and the Latitude of above twenty days to boot) there is not any one moment of time wherein his Oath could be true.
Gentlemen, you obſerve what the Witneſſes have ſaid, how they have given you an account of every particular day of both months, from the third of Auguſt, when he firſt left London, to the fourteenth of September, when he returned back again: we did ask the Witneſſes, that it might appear to be plainly true, what they ſwear, if they had any particular circumſtances that made them to remember it; and they have given a great many, and now it lies upon us, to ſhow you that it is demonſtration, that what they have ſaid and teſtified muſt be true; and that thoſe days they ſpeak of, he was in the places they named.
For take the Periods of Time, and you will find you have him from the third of Auguſt to the ſixteenth, with my Lord Aſton, going from London to Tixhall, upon the ſeventeenth they give you an account of him at Mrs. Harwell's to the twenty ſixth, from the twenty ſixth to the fourth of September. There are oStafford-ſhire, from the fourth to the ſeventh, you find him at Wolver-Hampton; for the eighth indeed we do give no particular account where he was that day; but we prove that upon the ninth he was at Tixhal, and from thence he came away with Sir John Southcoat towards London, and there you have a particular account where he was every day, till the fourteenth, when he returned to his Lodging.
And now Gentlemen, I ſhall ſhew you, that, if you believe theſe Witneſſes ſaw him in theſe Months; that certainly, it was upon thoſe dayes they ſpeak of, that they did ſee him.
Firſt, That he went out of Town in Auguſt, You have theſe Witneſſes, Anne Ireland, Eleanor Ireland, Mrs. Duddle, Mrs. Quino, and my Lord Aſton. Well, How come they to remember it was upon the Third of Auguſt? Why the four Women remembers it by this particular Remark; Three dayes before, there was a Holy-Day, which they keep in memory of Ignatius; and upon that day, they remember Mr. Ireland went abroad to take a Recreation, and came home again that night, tho' the reſt of the Company ſtayed there; becauſe he was to go out of Town. Upon the Third day after, which muſt be the Third of Auguſt: For Ignatius day you hear, is alwayes the laſt day of July. And they do poſitively ſwear, that upon the Third of Auguſt, he took his leave of Anne Ireland and Eleanor Ireland. Mrs. Duddle Remembers, That he went out that day. Mrs. Quino, whoſe Husband was his Taylor, ſayes, he did ſtay a little to have ſomewhat in his Cloaths mended: And ſhe ſaw him in his Boots; and he ſaid he was to go out of Town. Mrs. Anne Ireland ſaies, They took the liberty to Lodg a Gentlewoman in his Chamber, and ſaw him not again, tell a fortnight before Michaelmas: And that he did go out of Town upon the Third of Auguſt, is further prov'd by my Lord Aſton, who noted it down in his Book at that time that Ireland came to his Houſe at Standen in Hartfordſhire: ſo that here is as ſtrong an Evidence as can be; that he did go on the Third of Auguſt, and that they remember it to have ſo been by all the Circumſtances that can be imagin'd.
Well, the Third of Auguſt, he went out of Town. The Fourth of Auguſt, we give an account where he was: He ſtayed that day with my Lord Aston at Standen. The Fifth of August, he ſet out with my Lord Aſton's Company, and went to St. Albans. The Sixth, he went to Northampton. The Seventh to Coventry. The Eighth to Tixhall, and the Company that went with him proves it; which was Sir Edward Southcoat, and Mr. John Southcoat; and Harriſon and Hobſon, who ſaw him go in the Company, and Mr. North, who ſaies, he ſaw him every day; and Ingletrap the Coachman that drove the Coach, all theſe remembers it poſitively; and ſome of them ſpeak of a remarkable pret
Now when he comes from Tixhall; (for we have brought him hither by manifeſt proof, by men that could not forget; by men that ſaw him in the Company): There he remained (as they all teſtifie) till the Thirteenth of Auguſt, and that was the Tueſday after his Arrival at Tixhall; and from thence he went that day a Journey into Flintſhire to Holy-Well; and that is proved by the Witneſſes that were in his Company in that Journey. They tell you the Thirteenth he lay at Nantwich. The Fourteenth at Holy-Well. The Fifteenth at Cheſter. And the Sixteenth he came back again to Tixhall. And ſo here you have abundance of Witneſſes, that give you a particular account where he was, in what Company they ſay him from the Third of Auguſt, to the Sixteenth. If he were then in this Company from the Third to the Sixteenth; he could not be in his Chamber in Ruſſel-St
between the Eighth and the Twelfth.
Then we came to the Seventeenth, and then we find him to be at Wolverhampton, where he continued to the Twenty-ſixth; and that it muſt be between the Seventeenth and the Twenty-ſixth, is plain; For after that time which Mrs. Harwell ſpeaks of, the other Witneſſes gives ſuch Circumſtances, that it cannot be otherwiſe: You find him on the Twenty-ſeventh, at a Horſe-Race, which is a remarkable Circumſtance. And theſe are things that men do very well remember what dayes of the month they happen upon. We then give you an account of the Twenty-nineth; that at Tixhall he was ſeen in Company upon the Bowling-Green, with Perſons of Quality; Sir Thomas Whitegrave and others. So we give you an account where he Lodged. The Twenty-eighth he was at Bellamore; the Twenty-nineth, he went to Mr. Hereninghams: there he Lodged till the Firſt of September; and this is remembred by particular Circumſtances, that he went a Fiſhing, and a Setting, and a Hunting: Then the next day, which is the Firſt of September; and the next day after, the Second of September, they ſaw him at Mr. Gerrards, he din'd upon the Second at Mrs. Cromptons, and lay at Boſcobel; there he continued the Third, and the Fourth he came to Wolverhampton again.
So that this ſhewes, that what Mrs. Harwell did ſpeak of, was true; for, if Mrs. Harwell did ſee him, as 'tis not at all doubted, but ſhe did: It muſt be in that interval of time between the Sixteenth and the Twenty-ſeventh; where we give you an account of him by other undeniable Circumſtances, that he Lodged at other places, and could not Lodge at her Houſe in Wolverhampton.
Beſides, Gentlemen, the particular Circumſtances that they do remember him by, proves it to be on thoſe Days. Mrs. Harwell gives her poſitive Oath, That he did come there the Seventeenth, and lay there every Night to the Twenty ſixth, which was on the Monday Seven-night after; and that he came again the Fourth of September after, and lay there till the Seventh.
Then there is Ruſhton, another Witneſs, that ſaw him at her Houſe, the Eighteenth, Nineteenth, Twentieth, Twenty firſt, Twenty ſecond, and Twenty fifth: And, I ſay, Oats ſpeaks of: For it was the Summer before Ireland was Apprehended and Executed for the Plot, which was Michaelmas 1678.
Mrs. Winford ſhe remembers him at Wolverhampton the Eighteenth, Ninteenth, Twen
Stanley remembers the Eighteenth and Ninteenth: And if you ask him, How he remembers it? He tells you by a Circumſtance, that moſt Men would remember; He buried his Child that Day, and entertain'd Ireland with the Proviſion for the Funeral. Now, Men uſually remark ſuch Accidents as theſe; for that is a thing a Man cannot forget, that has any Concern in the World, for thoſe that are ſo nearly related to him. And therefore ſuch Circumſtances muſt of neceſſity evince the Truth of what he ſpeaks; becauſe it is brought to his Mind by an Accident, that cannot be forgotten.
Mrs. Purcel, which is the next Witneſs: And ſhe remembers to have ſeen him the Eighteenth, Ninteenth, Twentieth, Twenty firſt, Twenty ſecond, and Twenty third; for ſhe remembers the laſt of them, was the Day before Bartholomew-Day; which was a remarkable Day.
Then there is another Man, that look't to his Horſe whil'ſt he was there; but his Memory will not ſerve him to ſpeak to any particular Time: He only evidences, that he was there; and the other Witneſſes ſpeak to the Time.
Mr. Stamford, he remembers it to be at that Time, becauſe he ſaw him on the Sunday after the Aſſumption of our Lady; which is always the Fifteenth of Auguſt. And the like ſays Mrs. Gifford. Theſe Circumſtances verifies her Teſtimony.
And Mr. Gifford remembers, he came on the Seventeenth Day: And he ſaw him every Day, till the Twenty ſixth Day.
And Mrs. Fowler, who is Mrs. Harwell's Daughter: She remembers, he came the Seventeenth Day; and ſhe was in his Company every Day, till the Twenty ſixth; exLitchfield; that was the Day before Bartholomew-Day, which was Fryday.
Mrs. Keeling, ſhe ſwears, That upon the Seventeenth Day he came there, which was Saturday. She ſaw him on the Sunday, and on the Monday; and went on the Monday in the Afternoon, to the Funeral of her Mother: Which is another Circumſtance, that ſhe muſt needs remember; and by that, has the Remembrance of the Day of the Month when he was there: And ſhe return'd back again on Thurſday, and heard him that Day, but did not ſee him. But ſhe ſaw him every Day after, till he went away: And ſhe remembers his going away was upon the Twenty ſeventh. And ſhe remembers likeSeptember after.
Mr. Richardſon he proves, That he ſaw him upon the Ninteenth Day of Auguſt at Wolverhampton; as he was told, It was he: And being ask't, When he was told ſo? He ſays, Mrs. Harwell told him ſo ſometime before he was Apprehended. So that, ſhe could not tell it him then, to ſerve a turn. And he is a Proteſtant too.
So is likewiſe Eleanor Graves: Who gives you an Account, that ſhe ſaw him there on the Twentieth, Twenty firſt, and Twenty ſecond; and on the Twenty third, ſhe went to Litchfield with him: And upon the Twenty fifth, ſhe ſupp'd with him at Mr. Winford's.
Now, Gentlemen, you have a full Account of it, even to a Demonſtration, That he muſt be in theſe Places at this Time, if you will believe one thing; that is, That theſe Witneſſes ſaw him at all: And ſure, none can doubt, but theſe Witneſſes did, upon the Circumſtances they have teſtified, ſee him in Auguſt and September. And then it muſt be thoſe particular Times, that they ſpeak of.
At Wolverhampton, then, you have him to the Twenty ſixth: The Twenty ſeventh Day, you have an Account of him at the Horſe Race at Etchin-Hill. The Twenty eighth, Mr. Howard gives you an Account, he din'd at at Bellamore, at Mr. Aſton's. The Twenty ninth, you find him at the Bowling-green at Tixhall: And from thence to
Hereningham's; where he lodg'd that Night, and ſtay'd there the Thirtieth: Which is prov'd by the Circumſtances of Fiſhing in the Morning, and Setting in the Afternoon. And the next Day, which was Saturday the Thirty firſt, you hear he was at the Killing of a Buck; where Mr. Gerrard was expected, but Sickneſs prevented his coming. And you have him the Firſt of September, which was Sunday, at Mr. Gerrard's Houſe, where ſeveral of the Witneſſes did ſee him.
And beſides, one Proctor tells you, He ſaw him the Thirty firſt of August, at Fulford, at Mr. Lowe's. And he very well remembers that to be the Time, by a remarkable Circumſtance: For (ſays he) the laſt Day of Auguſt I went to pay ſome Money, (which is a thing Men are generally very punctual in) and when I came Home again, I found him there. And he ſwears, he ſaw him at Mr. Gerrard's Houſe, the Firſt of September, the Day after.
Mr. King remembers, he ſaw him at Mr. Gerrard's of Hilderſhame, the Firſt of September; and that he din'd at Mrs. Crompton's, the Second of September; and ſtay'd there till Two of the Clock in the Afternoon: And went from thence, with an inBoſcobell.
Lee ſays, He ſaw him at Mr. Gerrard's Houſe, and at Mrs. Crompton's: That he din'd there, and went from thence to Pancraſs, and from thence to Boſcobell.
Mr. Biddulph remembers, he din'd with him on the Second of September, at his Aunts; and that by this Circumſtance, He was deſir'd by my Lord Cullen, to ſee an Horſe-Race in Northamptonſhire; and promiſed my Lord Cullen to come: Which Horſe-Race is always on a certain day, the Firſt Thurſday in September; and that Year it happen'd to be the Fifth of September: And it was the Monday before, that he din'd at his Aunts. And becauſe of his Promiſe to my Lord Cullen, he would not ſtay all Night. And ſo it muſt be the Second day of September, that he ſaw him there.
Mrs. Crompton ſays, It was the ſame day, that her Nephew, Mr. Biddulph, din'd there: For he was a Stranger, and ſhe never ſaw him before, nor after.
And there is another Gentlewoman, Mrs. Palmer, that ſwears, He din'd at Mrs. Crompton's; but ſhe cannot tell the particular Time when.
Mrs. Gifford ſaw him at Pancraſs, between the Hours of Four and Five in the AfterSeptember: And Lee went along with him to Pancraſs; and from thence he went to Boſcobell.
Mr. Pendrell ſays, He ſaw him the Second of September at Night: For he came to his Houſe. Which agrees with all that the other Witneſſes ſay, which was, That he inBoſcobell that Night. He and his Wife both teſtifie, That there he lodgSeptember; and ſtay'd there the Third of September; and went from thence, the Fourth, to Black-Ladies: Where Mr. Gifford tells you, he din'd.
And we have given you an Account before, where he was the Fourth at Night: For then he was return'd to Wolverhampton; and there he lodg'd to the Seventh of September. And after the Seventh of September, though we do not give you a poſitive Evidence, That upon the Seventh of September, at Night, or upon the Eighth, he was at my Lord Aſton's: Yet we have given you that, which amounts almoſt to a Demonſtration, That he muſt be there upon the Eighth of September. For he went from thence with Sir John Southcoat, to go towards London, on the Ninth. And our Evidence is the more Credible, becauſe they ſwear cautiouſly all of them: Unleſs they remember ſome re
Then, Gentlemen, we give you an Account, by the Perſons that were in his CompaTixhall, down to the time he came to Sir John Southcoat's Houſe in Surry. And this Journey took up the Ninth, Tenth, Eleventh and Twelfth of September: There are Four days; and he ſtay'd there one day. Then he ſold Mr. Southcoat his Horſe. Mr. Southcoat lent him his Horſe, to come to Town; and the next day he did come to Town. And ſo we have brought him to Saturday the Fourteenth of September.
And now, let all the World be judge, if there be any poſſible Room left, that any one Word Mr. Oats has ſaid, can be true; even giving him the Latitude of Time, that he himſelf deſires, and ſays, All Witneſſes muſt be allow'd? No, there is not one MiIreland's being in Town. And this is that which I call, (and ſure, well I may ſo call it) a Demonſtrative Proof, That what Oats did ſwear, is utterly falſe.
Gentlemen, The Jury had not this Evidence at the Tryal of Ireland: Some they were, that went out of the Town with him; and ſome, One or Two, of Wolverhampton, were
Jeſuites Tryals; but not above Five or Six in all of theſe Forty odd, that now appears. True indeed it is, all theſe were not there; and Ireland, upon that, un
Ʋnfortunately.
Mr. Oats has ſaid one thing unto you, which he lays much ſtreſs upon: He would have you look upon it as a great hardſhip, That this Proſecution comes ſo late; and that it is ſtrange, after Six Years time ſpent, this ſhould not be ſet on foot.
But Gentlemen, I cannot but with much ſorrow remember to you; and I know you all remember it too well: That there was a time, when the City of London was ſo far Corrupted, that it was become a Refuge and Sanctuary for High-Treaſon; when there was no Juſtice to be had for the King there; when men Lodged themſelves withGrand Jury, even to the Publick Satisfaction of all that heard it; and yet they have refuſed to find the Bill: And not only ſo, but were ſo abetted by the Rabble, that it was ſcarce ſafe for the Judges to ſit upon the Bench. Theſe are things none of us can forget, but muſt be perpetuOats at that time, when the plaineſt proof againſt Criminals, could not be admitted. And this will give every man ſatisfaction, why it has been delayed. And I hope at the ſame time give every man a Caution, how they fall into the like Circumſtances again.
But Gentlemen, You have heard the Evidence that is now offered, to prove this matIreland was ſeen by theſe men at all, he was ſeen at thoſe very times they have particularly deI leave it to you to judge upon the whole, whether the Defendant be Perjured or no.
Gentlemen of the Jury, this Caſe has taken up a great deal of time; but it is a Caſe of that Moment and Conſequence, that ſure no time ought to be thought too long, that is employed for the diſcovering of the Truth, ſo neceſſary to be diſI ſaid at the beginning upon this ocI cannot but ſay it again now; I confeſs I cannot without Horror and Trembling, Reflect upon the many miſchiefs and inconveniencies we have been run into, if the Teſtimony given this day in this Cauſe againſt Oats prove true, as I canI cannot, I ſay, but bewail, that ſo many innocent Perſons (to the Re
God deliver me from having the leaſt ſtain of Innocent Blood imputed to me; and it is more to be Lamented, when we ſee that impudence, which has brought that InfaMonſter of Impiety and Impudence, in defiance of Heaven and Earth; What greater and more manifeſt proof can there be of a ſeared Conſcience!
I cannot but lament likewiſe the wickedneſs of our Age, when I reflect upon the Teſtimony of that other Wretch (indeed I cannot uſe terms ſevere enough for him) that when he was going into another World, ſhould Preſiſt in ſuch groſs Falſities; I mean Bedloe, Infamous Bealoe; and let his name be for ever Infamous to all Mankind, that have any regard, or deferance for the Truth; that he ſhould with his lateſt Breath dare to affirm, That every Word he had ſaid of the Popiſh Plot, was true; when it is as clear as the Sun, by the Teſtimony of this day; that every word he ſwore about Ireland, was utterly falſe. Good God of Heaven! What an Age have we liv'd in, to ſee Innocence ſuffer Puniſhment, and Impudent falſity Reign ſo long.
Gentlemen, I hope all Eyes are opened (I wiſh they had been ſo long ſince;) let us lay the Burden, the Infamy and Reproach of theſe things, upon them that deſerve it; for we cannot but know we are reckoned as a by-word to all our Neighbours, and ſhall remain Monuments of Ignominy to all ſucceeding Ages and Times, if we did not endeavour to diſcharge our ſelves, and our Religion, and the Juſtice of our Nation from theſe Scandals.
Gentlemen, I think I am obliged, in the Firſt place, to take notice of what Mr. Soliciter
General has mentioned, concerning the Inſolency of thoſe times; wherein the FactiWhere is that Villain, that dares come to give Evidence againſt Oats, the Saviour of the Nation?
Oh, horrid Blaſphemy, that no leſs an Epethite ſhould be given to ſuch a Profligate Wretch as Oats, than that which is only proOats had merited more than all mankind; and ſo indeed he has, if we take it in a true Senſe: He has deſerved much more Puniſhment, than the Laws of this Land can inflict.
And I muſt needs ſay, Gentlemen, That this is an Inſtance, why there ſeems not to have been Puniſhment enough ordain'd in Law for Perjury; becauſe our Law-makers did not foreſee, that there could ever be ſuch Villains, ſuch Miſcreants, as theſe.
We have indeed another Inſtance in the Law, of a Crime for which there is no ade
If that be not to be Imagin'd, How could it be Imagin'd, that there ſhould ever be ſuch horrid Villains, as ſhould attempt the Deſtruction of the Government of Three Kingdoms? Good Lord! What Times do we live in? Surely, 'tis ſuch an Age, as was never known, from the Creation of the World, to this day.
And to this muſt be added, what aggravates the Miſchief, That all this is done under the Umbrage, Countenance, and Pretence of Law; the Proceedings of Law, the uſual Methods of Juſtice, are made the Inſtruments of the moſt horrid Injuſtice. The Murder of our late Bleſſed Sovereign, King CHARLES the Martyr, of ever happy Memory, though a Crime as high in it ſelf, as the Law knows of; yet I may ſay, it was aggravated ve
Gentlemen, I cannot but ſpeak with warmth in a Caſe of this Nature; and I the ra
When the Faction (by Cabals and Intrigues) had got Sheriffs of their own Party, and laboured to get all other Officers of their own wicked Principles, then came all thoſe Miſchiefs we ſo long labour'd under. When thoſe Fellows, that had ſo great a ſhare in the late Rebellion, were the only fit Men to be truſted with the Government; and all the while were deſigning to deſtroy it, and to bring Us into the ſame miſerable Condi
Was it ever (I ſpeak to you, Gentlemen of the Jury, Citizens of London, who know its antient Conſtitution, and have too well experienced its late Convulſions) was it ePopery, the ſame Bait would be ſwallowed now: Therefore, the Cry muſt be ſet up, Popery was a coming-in. They concluded, if they could but make uſe of the ſame Engines, they ſhould have the ſame Effect: Witneſs a Peer, that is now dead, one that was a main Inſtrument of our Confuſion in the late Times, and thereby experienc'd in Villainy, was made uſe of, as the Chief Tool in theſe late Contrivances.
But alas! When they found thoſe Pretences and Projects would take no longer, then they fly to that, which was indeed the bottom of All; I mean, The bloody Conſpiracy: When they found they could not overthrow the Government by Methods of Law, they betake themſelves to down-right Treaſon. For by this time, the Eyes of the honeſt Citizens were opened; and they found what Intereſt was driving on: And it was time to have them open, when a Cauſe in Guild-Hall was alwayes Tryed according to the ChaTory, he was ſure to Loſe it: But if a whining Raſcal was SanctiWhigg, he was ſure to have it go on his ſide: Witneſs the faLoades, about his Limons.
But when Sheriffs came to be Elected in due manner, ſuch as were fit to be Truſted with the City-Buſineſs: What do they, but break out into a horrid Conſpiracy, to take away the Life of that bleſſed King, that merciful Prince, ſo lately deceaſed, to the Grief and Sorrow of all His loving and loyal Subjects: And not only ſo, but to rob us of His Sacred Majeſty, our preſent moſt Gracious Sovereign; whom I pray God to preſerve long to Reign over us. To which, the Auditory gave a great Acclamation, ſaying, Amen.
Gentlemen, When theſe things are thought upon, you muſt give me leave to obſerve (let others think what they pleaſe) that was the real Plot, the true Plot: For there is one thing Obſervable, that attends this whole Affair, That every Man who Suffered for the Plot, which the Witneſſes truly call Oats's Plot, to a Man denied it, even to the laſt Gaſp; and took it upon their Deaths and Salvations, that they were Innocent: Nay, when they had not thoſe hopes Bedloe had, of Life, (for I cannot believe, that he could have been ſo egregious a Villain, as to have Atteſted ſuch notorious Lies, if he had not hop'd to have Recovered; and thereby increaſed his own Reputation) yet not a Man of the others, but diſown'd it with their dying Breath. Now, on the other ſide, there was not a man, that was concern'd in the Conſpiracy, of which this was to be the blind and the colour, had the Conſidence to deny it, when they came to Suffer for it. All this ought to be put in the Ballance, and duly weighed.
For, Gentlemen, becauſe it is a Matter that is not only publick here, but all the World over, we muſt have the Juſtice of the Nation vindicated, and its diſ-reputation wiped off. And having taken Notice of theſe things, which I could not well omit upon this occa
Firſt, You muſt obſerve, That this Indictment againſt Oats, is for Committing wilful and corrupt Perjury; which is alſo laid to be done maliciouſly. And if it were Falſe, ſurely it was Malicious; becauſe, by his Falſe Oath, have Innocent men been Convicted, Condemned, and Executed.
Secondly, You are to Conſider, how far the thing goes, to make it material to the Iſſue: For if it were upon a Nicety only, or a Catch, or any of thoſe fine Words, that he has been pleaſed to make uſe of; it were not fit to Perjure him upon it. But it is cerSuſannah; The Perjury of the Elders, as you may remem
Firſt, Here was a Conſult held, as he Teſtified, the 24th. of April, 1678, and then he Swears Ireland was in Town, and preſent at the Conſult: But all that Oats Swore, would not do the Feat, becauſe that he was but one Witneſs. Then comes Bedloe, his worthy Yoke-fellow (a brace of ſuch Witneſſes, as the Lord deliver all mankind from) and he Aſſigns another Fact upon Mr. Ireland, in the month of Augnſt, the latter end of it, or the beginning of September; which is material, and makes two Witneſſes againſt Ireland, which Oats knew well enough: For he is his Arts-Maſter; he knows all the Tricks, and can tell the very Nick that will do. And therefore, when he finds Mr. Ireland ſo poſitively Affirming, That he was then out of Town; and if ſo, Bedloe did not Swear
Oats come in, (and thereby makes his Teſtimony material to the Point then in iſſue.) Says he, The Firſt of September, or (at leaſt) the Second, I will ſwear, he was in Town; for he gave me Twenty Shillings: And that is given as a Token, why he does remember it. And thus he did prop up Bedloe's Teſtimony, againſt Mr. Ireland's Defence. This is proved to you, by Mr. Waterhouſe, who was one of the Jury. And the ſame thing does the next Gentleman ſwear, which is Mr. Byfeild: They do both agree in that Circumſtance punctually, That he ſwore, he had then of him Twenty Shillings.
Ay, (but ſays he for himſelf, becauſe I would remove the Objections out of the way, as they occur to me) 'tis very hard, this being now ſome ſix or ſeven Years ago, that I ſhould be called to queſtion about ſuch a thing; when they might have had a time to diſprove it before.
Beſides, Gentlemen, the Anſwer that has been truly given to you, concerning the MiProteſtants, if we ſpeak of the Church-of-England-Men under that Name: For either they were Papiſts in Maſquerade, or Popiſhly affected; or the Names of Tory and Tantivy, and I know not what, was enough to do their work for them: And no Body was reckoned of the Sober, Virtuous, Godly Party, but thoſe that were under Aſſociations and Covenants; as though there was no Sanctity to be found in any, but thoſe who were bent to deſtroy all Virtue and Religion. I ſay, Beſides that, there is anoOats ſhould dare ſo impudently to ſwear a Falſhood, and that in a Cauſe where Life was concern'd; and the Man-hang'd upon his Teſtimony? To what purOats, after his Death? That would not revive him. But you find, there was an Inclination that way; and I wiſh to God, with all my Heart, it had taken effect: For, What ſays the Old Gentlewoman? As ſoon as ſhe heard what Mr. Oats had ſworn, which ſhe knew to be falſe, immediately ſhe diſpatch't an Expreſs to London; and ſent a Petition to the King, That either Iremight have a new Tryal, or his Execution might be Repriev'd, till they brought up ſuch Witneſſes, as would have made it apparent, and as clear as the Light, That what this Fellow had teſtified, was notoriouſly falſe. But ſuch, ſuch, I muſt ſay, was the Misfortune of the Time we were in, that ſtop't the Fountain of Mercy it ſelf, from letting forth its wonted Streams; and even compelled that Compaſſionate Prince, rather than he would give any Diſturbance to his People, to permit that Execution againſt his own InclinaStrafford did with his Royal Father.
And, Gentlemen, I choſe to mention this Paſſage concerning his late Majeſty, for this Reaſon, That when we live in ſuch Tumultuous Times, when things are put ſo hard upon Princes, as to compel them to reſtrain their Mercy, where they think it due, rather than ſeem to ſtop the Currant of Juſtice; this ſhould not be remembred with any Reflection upon them, but with Infamy to thoſe that are the Cauſes and Grounds of it: When ſuch Prodigious Wretches, as Oats and Bedloe; for there appears no EThe Saviours of the Nation.
Gentlemen, The next Objection that is made againſt the Evidence for the King, is, That they are all Papiſts; who deſign nothing but to deſtroy the Government, and ruin the Proteſtant Religion. And this muſt be taken to be the whole Deſign of all theſe Perſons of Quality, and others, that they come to forſwear themſelves, and damn their Souls to all Eternity, on purpoſe only to deſtroy Innocent, Proteſtant Mr. Oats. Alack-a-day! When, at the ſame time, I muſt tell you, if it were neceſſary; You have about SeProteſtant Witneſſes of the Church of England, that Confirm the TeſtimoRoman Catholicks, in point of Law, are good Witneſſes; and are to be Credited as much as any other Witneſſes whatſoever, unleſs there be ſome Objection made to them, which would be the ſame againſt a Proteſtant, as a Papiſt: For there remains a Right in them; and they ought to have equal Credit given to their TeſtimoPenny-Poſt Letters and Libels, as they have a mind to do; two of which I receiv'd laſt Night, about Yeſterdays Tryal. This I am ſure of, Lying is as much the Talent and Inclination of a Presbyterian, as ever it can be of a Papiſt; Nay, more: For it is as inſeparably Incident to a Presbyterian, (and ſuch ſnivling, whining, canting Knaves) to Lye, as to Speak. They can no more forbear Lying, than they can forbear Speaking; for generally, as often as they do the one, they do the other.
Beſides, I muſt Obſerve to you, with what caution, care, and ſobriety, both of Ex
For though the other Juries did believe Oats, and not them at that time; yet that is not to be your meaſure, becauſe you have not the ſame reaſon to do it. Could any Per
But, God be thanked, the Eyes of all honeſt and underſtanding Men are opened. And we ſee the Fault was in our Credulity; and that theſe were Fellows ſhould not have been believ'd: And it concerns us, when the Truth has been ſo debauch't, and our Cre
And this I ſay to you, Gentlemen, with a purpoſe to vindicate thoſe Perſons, who were Concern'd as Jurors, in the Tryals of all thoſe Cauſes; becauſe that is the thing much harp'd upon, and aim'd at: That becauſe he was believed before, to diſ believe him now, would caſt a Reflection upon the Juries; whereas, if that Opinion hold, never will there be any ſuch thing as Perjury detected, ſo long as the Sun and Moon endures. For if a Verdict be obtain'd upon falſe Teſtimony, and it ſhall be enough for the Witneſs to ſay; I was believed at ſuch a Tryal, and therefore pray do not you ofter to Proſecute me for Perjury: That would be the fineſt Doctrine that could be taught, to give a Li
Therefore, I leave it home upon you: Upon your Conſciences be it; for, in the PreLiberavi animam meam. If you can find all theſe Perſons (in number Fortyſeven) Guilty of wilful, down right, malicious, and corrupt Perjury, then you muſt Acquit the Defendant.
For the particulars of the Evidence, which abound in many material Circumſtances, in point of Time and Place, I ſhall run them over as ſhort as I can, and re-mind you of them; not becauſe I think it extraordinary neceſſary, as though there were the leaft doubt of the Fact, but for the Satisfaction of all mankind, that are not under Invinci
Gentlemen, What Mr. Attorney, or Mr. Soliciter General, or any of the King's Council have ſaid, or what the Defendant has ſaid for himſelf, if not proved, and made plain by Evidence, is to be no Guidance at all to you; who are only to go according to the Teſtimony given to you; for that is purſuant to your Oath; which Oath is the Rule of your Enquiry.
The Witneſſes that prove, that he did ſwear ſo in both the points in the IndictIreland was in: Town from the Eighth to the Twelfth of Auguſt; but becauſe he fixed upon the Eighth at firſt, there was Caution given him, Be not ſo preciſe to a day, conſider with your ſelf. Then comes he to Stabb the buſineſs to the quick, and to Rivet it homeEighth, I will be poſitive between the Eighth and Twelfth. And as to the other point, I did obſerve before that, becauſe Bedloe was at a ſtand, upon Irelands denying his being in Town the latter end of August, or the beginning of September: Therefore comes Oats up again, to ſix it home; And, ſayes he, I am ſure he was in Town the Firſt or Second of September, becauſe he gave me Twe
That he ſwore this, is teſtifyed by three Gentlemen, who were Jury-Men at thoſe Tryals.
Now, that this is notoriouſly falſe, falſe to a tittle; and as Mr. Soliciter does obſerve, not the leaſt time left to give any ſort of Countenance to what he ſwore, is thus made out to you.
Firſt, You are to take notice, that upon the Third of Auguſt, being Saturday, it is ſworn by three or four Witneſſes, That he went out of Town; and this is not ſworn as Mr. Oats gave his Evidence, poſitively without Circumſtances; but they give you an account, how they remember it; becauſe upon the Wedneſday before, which was a pubIgnatius, upon the laſt day of July, as both they and Mr. Oats himſelf do affirm, there went Mr. Ireland, Mrs. Anne Ireland, and their Mother out of Town to a Friends houſe to dinIreland did deſire him to ſtay there all night, as ſhe did No. ſayes he, I cannot ſtay all night, becauſe I muſt go out of Town on Saturday, and I muſt provide things neceſſary for my Journey: Nay, that is not all; for it goes yet further: Sayes his Siſter unto him, Why do you begin your Journey on a Saturday? that is an improper day: Oh! ſayes he, I do it, becauſe I am that night to go to my Lord Aſtor's Houſe in Hartfordſhire; where I am to meet with Sir John Southcoat, and go down with them into the Country: This does the Mother ſwear, and the Siſter; and then the Maid ſervant, and the Taylors Wife, do give you another token, That it was Saturday the Third of Augrſt, becauſe he had ſomething to be mended in his Cloaths, and ſtay'd for them; and he was to go out of Town, for he had his Boots on.
There is yet this Circumſtance further, wherein thoſe four do all agree. That as he went, out of Town the Third of Auguſt, ſo he did not return till the Furteenth of September; for they ſay, it was the Saturday fortnight before Michaelmas, and the ſame day of the Week that Michaelmas-day was of: So that you will find, that there is a conſtant proof, and as plain a one as any poſſible can, be in the World, as to the time of his going out, and coming home. And where he was in the mean time, proved directly by a great Company of Witneſſes, excent one day: For you ſee the Third of Auguſt, he went to my Lord Aſtons at Standen: Several there are that ſaw him there the Fourth, and din'd with him there; particularly, Sir Edward Southcoat. And to ſhew that it is not a thing they are poſitive in, and ſwear it roundly without Conſideration, they give you an Account of the Reaſons of their Knowledge. You are to conſider alſo the Teſtimony given by my Lord Aſton, a Perſon of great Honour and Quality; Sayes he. Tho' I dare venture all I am worth in the World upon the Truth of it, that Ireland did go along with me all the Journey; yet becauſe I did not take ſuch particular noOats had had the Fortieth part of that Caution in his Evidence, I dare ſay, you had not had the trouble of this dayes Tryal.
The Fifth, you have a great many Witneſſes, who give you an account that he came on Monday night to St. Albans with my Lord Aſton; there is Sir Edward, Southcoat, Mr. John Southcoat, my Lord Aſton, the Goachman, and all the ServantsEdward tells you, that Monday was a hot day, and my Lord Aſton took him into his Coach; but he rode a Horſe-back all the reſt of the way, and had a fine going Horſe; which Horſe Mr. John Southcoat bought of him when the whole Journey was ended. They tell you likewiſe, upon the Sixth and Seventh dayes, the very Inns they Lodged at upon the Road; and particularly at Northampton, they lay at the George, which was Sir William Farmers's Houſe, which was then lett to an Inn-Keeper, becauſe of the Fire in that Town. And, which is moſt material of all, for Mr. Oats's ſatisfaction, you have for theſe times no leſs than four Witneſſes, that are Proteſtants of the Church of England, who give you the ſame account. There are in all no leſs in number than Fourteen to this point; and whether you will belive thoſe Fourteen to be witlfully perjured, without Evidence to the contrary, is left to you: And if they do ſwear true, Oats that was Yeſterday found Perjured, muſt be Convicted of Perjury again to day: For in ſhort, the Queſtion is, Whether you will believe Perſons of Credit, that have no ſtain upon their Reputation; or Oats that, upon plain Evidence, was found Guilty of Perjury Yeſterday?
When we come to Tixhall, we have no leſs number, that teſtifie where he was from day to day, and from night to night, to the Seventeenth, and from the Seventeenth to the Twenty-ſixth: You have Fifteen Witneſſes more, all as direct and poſitive, as can be in the World; Swearing where he was from time to time. It ſeems he came to Tixhall Thurſday the Eighth; there he ſtayed till Thurſday following, and then he went to Holy-Well; he lay the firſt Night at Nantwich; the next Night at Holy-Well, at the ſign of the Star, a Notorious Inn there; he came to Cheſter on Thurſday, and ſome of the Company left him there, but others came back with him to Tixhall; who ſay, he went away on Saturday-morning, which happens to be the Seventeenth. And thus you have a full account of him, quite from the Third to the Seventeenth, beyond all ContraThird to the Sevententh, How could Oats ſwear true, that he took his leave of him here in Town, between the Eighth and Twelfth?
Now let us come from the Seventeenth to the Twenty-ſixth, and you have no leſs than Fifteen Witneſſes, four whereof are Proteſtants; which I urge not as a neceſſary qualification to be a Witneſs, but to anſwer Oats's Objection, as tho' this was a Popiſh deſign to deſtroy him. They have given you an account, where he was from time to time, by convincing Circumſtances, which you have heard particularly of one day, that he went to Litchfield; one of the Witneſſes went with him, and a Proteſtant Witneſs too; that came back with him again, and ſupped with him at her Fathers Houſe. The Apothecary tells you, the day that he ſaw him was a Wake-day, which is a remarkable time in the Country. You are told of the Funeral of one Womans Mother, that made her ſtay away from Monday till Thurſday: Of another Mans Child. I mention them but ſhortly to you, becauſe I know you have taken Notes of them, and they are only uſed as Inftances to manifeſt the Integrity of the Witneſſes, that this was not a thing contrived on purpoſe to make a ſtory of, but did really happen in the Order they tell it. And I muſt remember you of another Circumſtance; Some of them do ſwear, that whereas Oats had a mind to evade their Teſtimony by that Queſtion, Whether this was the ſame Ireland that was Tryed? It was moſt certainly he; for that is made too evidently to appear, by their ſeeing him Executed at Tyburh; I am ſorry to ſay, Inno
From the Third of Auguſt to the Twenty-ſixth, there is not one night, but you hear where he was: And from the Twenty-ſixth of Auguſt to the Seventh of September, you hear where he was at the Horſe-Match upon the Bowling-Green at Mr. Hereninghams, Mr. Lowes, Mr. Gerrards, Mrs. Cromptons, Mr. Pendrells, Mr. Giffords, and Mrs. Harwells: And from the Seventh to the Fourteenth, ſave only one day, viz. the Eight, you have a parEighthday; which ſhews the Caution of the Witneſſes. And it cannot but be eaſily preſum'd, he was either at Tixhall, or thereWolverhampton the Seventh; coming to London the Nineth. How eaſy is it to imagin him there the Eighth, and the rather, becauſe where he was the Eighth, is not material to the point in Queſtion before you, but where he was the Firſt and Second?
And, Gentlemen, If in Caſe you had a mind to imagine, he was the Eighth at London; it muſt be by a ſtrain'd imagination: for you muſt take him to be at Wolverhampton the Seventh, and make him Ride Poſt to London that Night, and return Poſt from London the Eighth to Tixhall, to be ready there early in the morning upon the Nineth, to take four dayes Journey back again; or elſe you cannot give the leaſt countenance to any other imagination, but that he was about Tixhall the Eighth of September.
Well, at Tixhall you have him the Nineth of September; and from thence, you have it teſtified by all the Perſons that came along with him all the way, that he lay one Night at Coventry, another at Banbury, a third at Agmondiſham: That he Baited at
Ʋxbridg the Fourth, which was the Twelfth of September; and came to Sir John Southcoats's Houſe that Night, being Thurſday: He ſtayed there Thurſdaynight, and Fryday; and upon Saturday the Fourteenth of September, Sir John Southcoates's Man went along with him to London, whither he Rode upon the Horſe he ſold Mr. Southcoat; the Man ſaw him at his Lodging; and he ſayes, they wondred when he came in, that he had ſtayed ſo long.
And then we return to the Four Witneſſes they begun with at firſt; who makes all this Teſtimony to ſtand well together, That he went away the Third of Auguſt, and was never in Town till the Fourteenth of September: And every Day, but the Eighth
September, which makes nothing to the Buſineſs, is particularly ſpoke to: And he muſt be there that Day too, except you will put him upon very hard Service, to ride Poſt to London, and back again, in Twenty four Hours; for no other Reaſon, but onOats. And, I am ſure, if he did, he took a great deal of pains to a very little purpoſe.
Gentlemen, I have taken up much of your Time, and detain'd you the longer in this matter; becauſe I cannot but ſay, with grief of Heart, Our Nation was too long beAlmighty God, for that we are prevented from ſpilling more Innocent Blood! God be bleſſed, our Eyes are opened; and let us have a Care, for the future, that we be not ſo ſuddenly impoſed upon by ſuch Prejudices and Jealouſies, as we have reaſon to fear, ſuch Villains have too much fill'd our Heads with, of late.
Gentlemen, 'Tis incumbent upon you, to Try according to the Evidence that has been given, whether the Defendant be Guilty, or Not Guilty. And 'tis incumbent upon us, that ſit here as Judges, to ſee the Law executed, as we will anſwer it at the TribuGreat Judge of Heaven and Earth, before whom we muſt appear, and reGod forbid, but we ſhould uſe our utmoſt Endeavours, to inflict the greateſt Vengeance, that the Juſtice of the Nation can per
Gentlemen, I am ſorry, I ſay, I have kept you ſo long: 'Tis a Caſe of ſuch ImSoliciter. Whatſoever has been forgotten by him, or by me, I am ſure, will be ſufficiently ſupplyed by your own Obſervations: For I know you to be Gentlemen of great Knowledge and Experience in Matters of this Na
Then the Jury withdrew, to Conſider of their Verdict; and, after half an Hours Receſs, return'd to the Bar; and, anſwering to their Names, deliver'd in their Verdict, That the Defendant was guilty of the Perjury whereof be ſtood Indicted: Which being ReLord Chief Juſtice ſpoke to the Gentlemen of the Jury, to this Effect.
Look ye, Gentlemen, becauſe there has been ſome Notice taken to Day, as there was Yeſterday, concerning the Opinions of Judges, about Verdicts that have been given; I would ſay a Word or two to you: Not that I much admire the doVerdict, that becomes your Honeſty, Integrity, and Loyalty. And I declare, in the Preſence of Almighty God, the Searcher of Hearts, That had I been of the Jury, I muſt have given the ſame Verdict. Gentlemen, 'Tis an Honoſt and Juſt Verdict, that you have given; and by it, you have Gontributed, as much as in you lies, to vindicate the Nation from the Infamy it has ſo long lain under.
For my part, I think, if you had given any other Verdict, you had found againſt plain Demonſtration; the Evidence was ſo full and clear.
The Court is very well ſatisfied with the Verdict; and you have acquitted your ſelves like Worthy, Honeſt Gentlemen.
There is nothing can be ſaid to the Verdict, but that it is a juſt Verdict, and according to the Evidence.
And then the Court Aroſe.
THIS Day Mr. Wallop moved, That in regard the Court were pleaſed to give the Defendant time till Saturday next, to move in Arreſt of Judgment, upFryday laſt; they would pleaſe to give to the ſame Day, to move in Arreſt of Judgment, upon the Conviction on Saturday: which the Court granted. But afterwards, upon the Motion of Mr. Attorney General, they order'd, That a Note of the Exceptions to both Indictments ſhould be ſent to the King's Councel, ſome Days before Saturday.
THIS Day being appointed for the Defendant, to move what he could in Arreſt of Judgment, upon the Two Couvictions of Perjury; he was brought, by Rule from the Priſon, to the King's-Bench-Court.
Mr. Attorney General, Have you any thing to move?
My Lord, I pray your Judgment upon Oats, who is Convicted upon Two Indictments, for Two notorious Perjuries.
Who is, Councel for Oats?
Mr. Wallop moved for him.
What is it, that Mr. Wallop has to ſay?
My Lord, I deſire I may ſpeak one word. It was Thurſday-Night, before my Attorney could make an end of Examining the Records; Sir Samuel Aſtry knows it ve
We cannot do that: We gave you beyond the ordinary Rules, in ex
My Lord, He talks of Examining the Records: He had Copies of them all this long Vacation.
My Lord, My Actorney, will be ready to make Oath, that he finiſhed the ExaThurſday Night.
We do all know, they were pleaded to the laſt Term; and you have had all this Vacation, to conſider of them: And we have indulg'd you beyond the or
My Lord, I deſire but a Day or two more.
No, we cannot do it: We have done more already, than we ordina
If your Lordſhip pleaſes to give me time till Monday.
I tell you, We cannot do it. If Mr. Wallop have any thing to ſay for you, we'll hear him.
I have nothing to ſay.
Here are Four Exceptions delivered to me laſt Night, as made by Mr. Wallop.
But he ſays, He has nothing to ſay. We know not whoſe theſe Ex
I do deliver in thove Exceptions, my Lord: Pray, let them be read.
Read them, Sir Samuel Aſtry.
Dominus Rex verſus Oats. The Defendant's Exceptions:
Ireland, &c. found in Middleſex, were Legally Tranſmitted into London; and Conſequently, all the Proceedings thereupon, were Coram non Judice.
Reſolutio Signat' in that part of the Indictment, that mentions what the DefenReſolutio Signand'; and it is no good Aſ
Theſe are doughty Exceptions indeed.
Mr. Attorney, What ſay you unto them?
Truly my Lord, I think I need not ſay much to them; the firſt ExOats been Indicted upon the Statute, it had been ſomething; but at the Common-Law, certainly he may be Proſecuted by the King, though he was Witneſs for the King before. As to the Second, that it does not appear, Ireland's Indictment was well tranſmitted from Middleſex to London; that ſure is well enough: For after it is Recited, that they were ſo and ſo Indicted, it does ſet forth, that the Tryals were had upon Records, there depending before the CommilOyer and Terminer, and Jayl-Delivery; and it ſhall be taken, that they were well brought before them. As to the Third Exception, That the Perjuries Aſſigned are Forreign, to the Matter in Iſſue; that is not ſo: For it is apparent, one of the InApril. And as to the Second Indictment, it appeared upAuguſt; and he Swore Ireland was here in Town in the beginning of Auguſt, and in the beginning of September. And then for the Fourth Matter, That he Swore he ſaw them Sign it; and the Perjury Aſſigned is, That he did not carry it to be Signed; that receives a plain anſwer: For we alledge, he falſly and corruptly Swore that he was preſent, and that he carried the Reſolution to be ſigned, and he ſaw them Sign the Refolution. Now, in theſe two things, we have laid the Perjury; 1. We ſay he was not there: And 2. He carried no ſuch Reſolution to be Signed: Indeed, we do not ſay that he did not ſee them Signed, nor we need not; for if he were not there, nor did carry it, he could not ſee them Sign it. There is nothing in the Exceptions, my Lord; and therefore I pray your Judg
Is there any body of Councel for Mr. Oats, that will ſay any thing to theve Exceptions?
I pray, my Lord, that I may have liberty but till Monday, for my Councel to prepare.
No, We cannot do it: Indeed, if there had been any colour or weight in the Exceptions, it might have been ſomething; though we have Indulg'd, in this Caſe already, more than ever we uſed to do, in Caſes of this nature; for it is known to every body, that knows any thing of the Courſe and Practiſe of the Court, That after Conviction, no more than four days are allowed to move in Arreſt of Judgment: And being the Practiſe of the Court, it is the Law of the Court; and I am ſure, as little favour ought to be ſhewn in a Caſe of Perjury, as in any Caſe whatfoever: But yet, however, becauſe he ſhould not think that the extremity of the Law was aimed at, by the Court in this Caſe, and he hindred in his legal Defence, the Court did indulge him time, more than is uſually granted in ſuch Caſes. Now, as for the Exceptions, cer
For the Firſt, It would be admirable Doctrine indeed, in caſe it ſhould obtain, That if a Man be a Witneſs in any caſe for the King, and forſwear himſelf, he ſhould not be Proſecuted for Perjury at the King's Suit: For we know, that no Man can be Proſecuted for his Life, (except it be in Caſes of Appeal) but at the Suit of the King; and to be ſure, all Proſecutions for Treaſon, muſt be at his Suit. If then Witneſſes come and for ſwear themſelves, to take away mens Lives, and they ſhould not be called in queſtion for it, Criminally, by the King; That were a fine way to ſanctify the greateſt Villainy, and make the Proceſs of Law; to become an Inſtrument of the moſt infamous Cruelty in the World: I preſume, no Gentleman at the Bar would think that an Exception fit to put his hand to.
Then as to the Second, That the Perjury is not aſſigned in Points material to the Iſſue, that is plainly otherwiſe; for the time muſt needs be very material, becauſe it was imIreland could be Guilty of the Treaſon ſworn againſt him, at his Chamber in Ruſſel-Street, between the Eighth and Twelfth of Auguſt, if he were not in Town between the Eighth and Twelfth of Auguſt: Nor could he be privy to the TreaBedloe, the latter end of Auguſt, or the beginning of September, in Harcourt's Chamber, if he were out of Town, from the Third of Auguſt, till the FourSeptember; and therefore both thoſe Perjuries were in the very Points in Iſſue.
And then for the Twenty-fourth of April, which is the main Perjury of all; It is not laid in this Indictment, That there was no Conſult of the Jeſuites upon that Day; nor is there any notice taken, That there was no Conſult at the White-Horſe-Tavern; but it ſayes only, that Oats did Swear, There was a Conſult there, and that he was preſent at it; and that he ſaw the Reſolution written down by Mico, if I do not miſApril, he went with it, from Chamber to Chamber, to have them Sign it. And then comes the Indictment, and Aſ
Ʋbi Revera, he was not at the White-Horſe-Tavern that day; and I think it is pretty plain he was not, for he was then at St. Omers.
Then admitting all that matter about the Signing of the Reſolution, to be out of doors, a plain Perjury aſſign'd and prov'd. For it was moſt proepr for them to lay it as they did; and ſo it was in the other Point too, He Swore he carried the Reſolu
And of this Matter he now ſtands Convicted, upon as full and plain an Evidence, as ever was given, in any Caſe, in the World; and I am ſorry, to think, that any Man, who is Guilty of ſuch an Offence, ſhould continue ſo obſtinate, and hardned in Villainy, as he appears to be.
But I think it not amiſs for me to ſay ſomething upon this occaſion, for the ſatis
And as the Crime is great, ſo it is to be known, that a proportionable puniſhment of that Crime, can ſcarce by our Law, as now it ſtands, be inflicted upon him. But that you may ſee we have conſidered how to puniſh it, as ſuch a Crime does deſerve: We have conſulted with all the Judges of England, that if the Law would allow it, he might have ſuch a Judgment for this heinous Offence, as might be proper to terrifie all o
Gentlemen, It is known, that by the Old Laws of England, Perjury was Puniſhed with death; it grew a little more moderate afterwards, not to make the Crime the leſs, but becauſe of the danger there might be of malice in ſome revengeful Perſons, by endeavouring by Perjury to Convict others of Perjury. But the next ſtep was cutting out of the Tongue, to ſhew that the Law in all Ages had an abhorrency of falſe Oaths, and Puniſhed that impious Crime of Perjury, with the moſt terrible Puniſhments.
Since that time, Our Anceſtors have yet been more Moderate, and have not exJudges of England, whom we purpoſely conſulted with upon this Occaſion: It is con
And I tell you this Gentlemen, the rather becauſe I obſerve our Law-Books are more ſilent herein, in regard the Judgments for theſe Offences are not ſo ſolemnly and particularly entered up, as they are in Caſes Capital: But they are left more diſcre
And for that reaſon, Gemlemen, It is well known to us all, that that was the occaſion of taking away the Court of Star Chamber, as the Preamble of the Act for taking it away does manifeſt: That inaſmuch as the Authority, for the Correction of all OfKings-Bench; and the Proceeding by information in the Star-Chamber, when it might be by Proceſs in this Court, was lookt upon as a double way of Vexation: Therefore that Court is aboliſhed, and the Authority of the Kings-Bench Court left entire. And it is notoriouſly known, how Puniſhments, of all ſorts and kinds, were inflicted by the Court of Star-Chamber for Perjury, and ſuch like Offences, while that Court was up; and ſince that time, in Fox's Caſe, and others, that you have heard of, it has been according to the diſcretion of this Court, Puniſhed, as ſeverely as this Court thought fit, ſo as the Sentence did not extend to Life or Member.
Now I thought it proper for me, not only for the ſake of the Caſe now before us, but alſo for your Learning ſake, to tell you, This was the Reſolution of all the Judges of England, upon Conſideration of the Precedents, and of all the Rules of Law; which have been fully debated, and conſidered of: And this I declare, is their unani
If then this be ſo, and it is left to the diſcretion of the Court. to inflict ſuch Puniſh
My Lord, You will be pleaſed to remember, there are two Judgments.
There are ſo, we know it very well, Mr. Attorney.
That which was Tryed firſt, was about the Confult on the Twenty-fourth of April; we deſire that ſome particular mark may be ſet upon that day.
Then the Judges Conſulted a little together; and Mr. Juſtice Withins pronounced the Sentence thus:
Titus Oats, You are Convicted upon Two Indictments for Perjury; I ſay, for Perjury: I muſt repeat the word twice, becauſe you are doubly Convicted. One of the greateſt Offences, that our Law has cognizance of; 'tis ſo in its own NaPerjury has all the Aggravations that can be thought of, to heighten it. If a Man kills another with his Sword, and there be fore-thought Malice in the Caſe, he is to be hang'd for it: But when a Man ſhall draw Innocent Blood upon himPerjury, corrupt, malicious Perjury: I know not how I can ſay, but, That the Law is defective, that ſuch a one is not to be hang'd. For, if we conſider thoſe dreadPerjury, we muſt conclude our Law deGod be thanked, our Eyes are now opened; and inPapiſts and Roman Catholicks; which is no Objection at all: Though at the ſame, it did appear, that Nine or Ten of them were Proteſtants of the Church of England. That was all you had to ſay; you had not one Word, to juſtifie your ſelf from that great and hainous Perjury you were accuſed of. I hope, I have not been thought a Man of ill Nature; and, I
Judgment, and Pronounce the Sentence of Law againſt my Fellow-Subjects, my FelOats, I cannot ſay, My Fellow-Chriſtian. Yet, in this Caſe, when I conſider your Offence, and the diſmal Effects that have follow'd upJudgment upon you. And thereSentence; I ſhall now declare the Judgment of the Court upon you. And it is this:
Firſt, The Court does Order for a Fine, That you pay a Thouſand Marks upon each InSecondly, That you be ſtrip't of all your Canonical Habits.Thirdly, The Court does Award, That you Stand Pillory, and In the Pillory, here before Weſtminſter-Hall-gate, upon Monday next, for an Hours time, between the Hours of Ten-and Twelve; with a Paper over your Head, (which you muſt firſt walk with round about to all the Courts in WEſtminſter-Hall) declaring your Crime. And that is upon the Firſt Indictment.
Fourthly, (On the Second Indictment)
Tueſday, you ſhall Stand Pillory, at the Royal Exchange in London, for the ſpace of an Hour, between the Hours of Twelve and Two; with the ſame Inſcription.Wedneſday, be Whipt from Aldgate to Newgate.
Fryday, you ſhall be Whipt from Newgate to Tyburn, by the Hands of the Common Hangman.
But Mr. Oats, We cannot but remember, there was ſeveral particular Times you Swore falſe about: And therefore, as Annual Commemorations, that it may be known to all People, as long as you live; We have taken ſpecial Care of you, for an Annual Puniſhment.
April, every Year, as long as you live, you are to Stand Pillory, and In the Pillory, at Tyburn, juſt oppoſite to the Gallows, for the ſpace of an Hour, between the Hours of Ten and Twelve.Pillory, here at Weſtminſter-Hall-gate, every Nineth of Auguſt, in every Year, ſo long as you live. And that it may be known what we mean by it, 'tis to remember, what he Swore about Mr. Ireland's being in Town betweenthe Eighth and T welfth of August.
Pillory, at Charing-Croſs, on the Tenth of Auguſt, every Year, during your Life, for an Hour, between Ten and Twelve.Temple-gate, upon the Eleventh.September, (which is another notorious Time, which you cannot but be remember'd) you are to Stand Pillory, for the ſpace of one Hour, between Twelve and Two, at the Royal Exchange: And all this you are to do every Year, during your Life; and to be Committed cloſe Priſoner, as long as you live.
This I Pronounce to be the Judgment of the Court upon you, for your Offences. And I muſt tell you plainly, If it had been in my Power to have carry'd it further, I ſhould not have been unwilling to have given Judgment of Death upon you: For, I am ſure, you deſerve it.
Mr. Attorney, We will take Care, that the Clerk ſhall diſtinguiſh the Judgments in the Entries.
Then the Priſoner was Taken away.