An exact abridgment of all the trials (not omitting any material passage therein) which have been published since the year 1678: relating to the popish, and pretended Protestant-plots in the reigns of King Charles the 2d, and King James the 2d.

The Trial of Nathaniel Reading Esq be∣fore the Commissioners of Oyer and Ter∣miner, at the King's-Bench-Bar at West∣minster, on Thursday, April 24. 1679.

ON Wednesday, April 16th, 1679, His Ma∣jesties Commissioners of Oyer and Terminer did meet at Westminster-Hall, in the Court of King's-Bench, When and where the Commission was Read, and the Grand-Jury Sworn; and then Sir James Butler, the Chief Commissioner that then appeared, gave them their Charge, in∣forming them briefly of the Occasion of their meeting: desiring them to go together, and take the Witnesses (being first sworn) along with them; which they did for about half an hour, and then returned, finding it Billa Vera. After which the Court Adjourned to Thursday, April 24. On which day the Commissioners there met, viz.

• Sir Francis North Kt. Ld. Ch. Justice of His Majesties Court of Common-Pleas.
• William Montague Esq Ld. Ch. Baron of his Majesties Court Exchequer.
• Sir William Wylde Kt. and Bar. one of his Ma∣jesty's Justices of the King's-Bench.
• Sir Hugh Windham Kt. one of his Majesty's Justices of the Common-Pleas.
• Sir Robert Atkins Kt. of the Bath, another of the Justices of the Common-Pleas.
• Sir Edward Thurland Kt. one of the Barons of the Exchequer.
• Vere Bertie Esq another of the Justices of the Common-Pleas.
• Sir Thomas Jones Kt. another of the Justices of the King's-Bench.
• Sir Francis Bramston Kt. another of the Barons of the Exchequer.
• Sir William Dolben Kt. another of the Justices of the King's-Bench.
• Sir William Jones Kt. his Majesty's Attorney-General.
• Sir James Butler Kt. one of the King's Coun∣sel, and the Queen's Attorney.
• Sir Philip Mathews Bar.
• Sir Thomas Orbey Kt. and Bar.
• Sir Thomas Byde Kt.
• Sir William Bowles Kt.
• Sir Thomas Stringer Serjeant at Law.
• Sir Charles Pitfield Kt.
• Thomas Robinson Esq
• Humphrey Wyrle Esq
• Thomas Haryot Esq
• Richard Gower Esq

After Proclamation made for Attendance, the Lord Chief Justice North discharged the Grand Inquest; and Mr. Reading being set to the Bar, his Indictment was read to him;

Being for Soliciting, Suborning and endeavouring to per∣swade Mr. William Bedloe to lessen, stifle, and omit to give Evidence the full Truth accord∣ing to his Knowledg, against the Lord Powis, Lord Stafford, Lord Petre, and Sir Henry Tichborn, but to give such Evidence as he the said Reading should direct; as also for giving the said Mr. Bedloe 50 Guinies in Hand, and promising him greater Rewards, for the Ends and Purposes aforesaid.

To which he plead∣ed Not Guilty in Thought, Word, or Deed. Then the Jurors sworn, were,

• Sir John Cutler,
• Joshua Galliard Esq
• Edward Wilford Esq
• Thomas Henslow Esq
• Thomas Earsby Esq
• John Serle Esq
• Thomas Casse Esq
• Rainsf. Waterhouse Esq
• Matthew Bateman Esq
• VValter Moyle Esq
• Richard Pagett Esq
• John Haynes Esq

Mr. Reading at first challeng'd Sir John Cutler, as being in Commission of Peace, and labour'd very much to have made his Challenge good. But the Court over-rul'd it, in regard Sir John was not in the particular Commission then sit∣ting; and for that he could not challenge him peremptorily, the Indictment not endangering his Life, as it might have been laid, but only for a Misdemeanour. Thereupon the Court proceeded; and the Indictment being read to

the Jury, Edward VVard Esq (of Counsel for the King in this Cause) opened it, and Sir Creswel Levinz opened the Charge. After which, Mr. Reading, to save time, admitting those Publick Passages laid in the Preamble of his Indictment, (as that Coleman, Ireland, &c. were Executed for Treason; and that the Lords in the Tower were accused and impeached in Parliament for this Plot) Mr. Bedloe was sworn, and deposed, That Sir Trevor VVilliams brought him first ac∣quainted with the Prisoner; who began with him as a friendly Adviser; in publick always pressing him to discover what he knew of the Plot, but in private advising him to be cautions, and not to run at the whole Herd of Men, inti∣mating as if the Ld. Ch. Justice also seemed dis∣pleased at his forwardness, saying, that he would make the Parliament his Friends by proving the Plot; the King his Friend, in not charging all the Lords; and the Lords his Friends, by being kind to them. That the Persons Mr. Reading most sollicited for, were the Lords Petre, Powis, and Stafford, and Sir Henry Tichborn, Mr. Roper, Mr. Caryl, and Corker: That he should have Mony, and an Estate, by the negotiation of the Prisoner at the Bar, to shorten the Evidence, and bring them off from the Charge of High-Treason. That he and Mr. Reading had several Consultations about this matter; none of which he did conceal, but revealed them presently to the Prince, the Earl of Essex, Counsellor Smith, Mr. Kirby and several others. And that he did not give in his full Evidence against VVhitebread, and Fenwick, a Ireland's Tryal, because he was then

treating with Mr. Reading who had made him easie. That the Prisoner, in assurance of his Reward, told him, he had order to draw blank Deeds to be sign'd in ten days after the dis∣charge of those for whom the Sollication was made. That he and the Prisoner had a private Consultation in his Bed-chamber, March 29. last, when Mr. Speke, and his own Man Henry VViggens were hid privately in the Room, and over-heard the main of the Consultation and Overture of Mr. Reading; At what time Mr. Bedloe was to pen his Testimony as the Prisoner should direct him, for the mitigation of the Evidence. That when that Paper was finished, the Prisoner carried it to the Lords to consider of it: And that after they had consider'd of it, and mended it as they pleas'd, Reading return'd with the Emendations written with his own hand; and deliver'd them to Mr. Bedloe in the Painted-Chamber, who held them so behind him, that Mr. Speke, as it was agreed, took them un∣observed out of his hand. [Which Paper being then Produced, was read in open Court.]

Then Mr. Speke was sworn, who deposed, That on Saturday morning, March the 29th last, he was hid behind the Hangings, between the Bed's-head and the Wall, in Mr. Bedloe's Cham∣ber (as was, agreed on before) and there he heard Mr. Reading's and Mr. Bedloes Negotiation together. That Mr. Bedloe asked the Prisoner, what the Lords said to the Business, and what the Lord Stafford said to the Estate in Glocester∣shire? To which the Prisoner answered, That the Lord Stafford had faithfully promised him to

settle that Estate upon Mr. Bedloe, and that he had Orders from that Lord to draw up a blank Deed in order to the Settlement, which the said Lord had engag'd to Sign and Seal within 10 days after he should be discharg'd by Mr. Bed∣loe's contracting of his Evidence.—And that the Lords Powis and Petre, and Sir Henry Tich∣bourn had faithfully engag'd and promis'd to give Mr. Bedloe a very fair and noble Reward, which should be suitable to the Service he should do them, in bringing them off from the charge of High-Treason. To which when Mr. Bedloe answer'd, that he would not rely upon their Promises only, but expected to have something under their Hands; Mr. Reading reply'd, That they did not think it convenient so to do as yet, but that Mr. Bedloe might take his Word, as he had done theirs; and that he would engage his Life for the performance; With much other Discourse, all tending to the same effect.—That on the Monday morning, he saw Mr. Reading deliver the Paper to Mr. Bedloe, from whom he received it, and he and Mr. Wharton read it immediately in the Lord Privy Seal's Room.

After him, Henry Wiggen's Mr. Bedloe's Man, deposed, That he was concealed under the Rugg upon his Master's Bed, at the same time, and to the same intent as Mr. Speke was; giving the same Evidence, as to what had been discours'd of between the Prisoner and his Master in the Chamber; which afterwards he and Mr. Speke writ down.—And that he saw Mr. Reading de∣liver the Paper to his Master in the Painted-Chamber,

and saw Mr. Speke take it, who went with another Gentleman into the Lord Privy Seal's Room with it.

After this Mr. Reading began his Defence, Protesting his own Innocency, producing Mr. Bulstrode, only to testify that the occasion of his going to the Lord Stafford, was his sending for him; which yet he did not without leave from the Committee of Secrets. That then he was employ'd by the Lords, only to get them their Habeas Corpus's. And Sir Trevor Williams being called by him, declared how he only recommend∣ed Mr. Bedloe to him for his Advise, about having his Pardon as perfect as could be. The Prisoner owning his being in Mr. Bedloe's Chamber at that time, and taking his Evidence, and carrying it afterwards to the Lords; but that it was purely out of Conscience, and to prevent Per∣jury, and the Shedding of Innocent Blood; and the Deed discoursed of was only for 200 l. to be paid him by the Lord Stafford within 10 days after he should be discharged, pro Consilio impenso & impendendo, to be secured upon an Estate in Glocestershire; the which Mony, the Lord Stafford indeed told him, when he had received, he might dispose of it as he thought fit (which Confession the Court declared amounted to the Confession of the whole Charge.) Then he en∣deavour'd the bespattering the Witnesses; Re∣lating how Mr. Bedloe had vilify'd Dr. Stilling-fleet, Dr. Tillotson, and Dr. Lloyd; and that he heard him say, he had by him several Witnesses that would swear whatever he bid them; and that he laid in Provisions of Fire, Coals and

Billets, behind the Palsegrave-Head Tavern, and hard by Charing-Cross, to burn the City of VVestminster; which he produced one Mr. Pal∣mer to swear, and that he lent him Mony, as also he had Mr. Speke, which was yet unpaid (which proved to be 6 s. 8 d. for an Order, which was for Mr. Speke's Brother); aspersing them with being Eves-droppers; multiplying words, to little purpose. His Defence therefore being Artificial, (as the Lord Chief Justice told him) because nothing to the purpose. Nay, Mr. Justice VVild told him, he disgrac'd his Profession by making so weak a Defence. And Bedloe own'd some of the Crimes he bespattered him with, as part of the Guilt for which the King had given him his Pardon, and farther Depos'd, That Mr. Reading was to have 100 l. a Year, out of every 1000 l. a Year of Bedloe's Reward.

The Ld. Ch. Justice summ'd up the Evidence, to which the Ld. Ch. Baron added some little; and then the Jury, after a short recess, brought the Prisoner in Guilty. And then the Court Adjourn'd for half an hour when being met again, and the Prisoner at the Bar, The Ld. Ch. Justice Sentenc'd him, to be Fined 1000 l. to be imprisoned for the space of a whole Year; and to be set in the Pillory for the space of one hour in the Palace-Yard in VVestminster. On the Monday following he was Pillored according∣ly, the Sheriff having a particular Charge of his Person; that nothing but Shame and Infamy might befal him, to which he had been condem∣ned, and did deserve as well as any Man that ever was convicted.

The Trials of Thomas White, alias White∣bread, Provincial of the Jesuits in England. William Harcourt, preten∣ded Rector of London. John Fenwick, Procurator for the Jesuits in England. John Gavan, alias Gawen, and Antho∣ny Turner, all Jesuits and Priests. At the Sessions-house in the Old-Baily, on Friday June 13, 1679.

THen and there the Court being met, and all the Judges of England present, Pro∣clamation was made of Silence and Attention whilst the King's Commission of Oyer and Ter∣miner, and of Goal-Delivery were openly read; then the Prisoners being set to the Bar, James Corker (a Priest and Jesuit, brought thither to be tried with them) presented to the Court a Petition, setting forth that he was absolutely surprized, and unprepared for his Trial, and therefore besought the Court that he might not be tried till the next Sessions. To which the Court seemed inclinable enough, nor did the Attorney General gain-say it, upon condition that he could really make it out, that he wanted Witnesses, without which he could not make his Defence. However it was thought fitting that he should hear the Charge that was against him read: to the end he might be able to give the Court an account what Witnesses he had, that might avail him in reference to his Defence

against it, which being done, (the Indictment being in general for High-Treason, in conspi∣ring the Death of the King, the Subversion of the Government, and Protestant Religion) the former Question was put to him again, and then he named one Alice Gatton now at Tunbridg, as a Witness to prove that he was not in Town upon the 24th of April; so that being respited till the next day, the Court said nothing farther to him that Sitting.

Immediately after the Indictment was read, VVhitebread represented to the Court, that in regard he had been tried upon the 17th of De∣cember before, upon the same Indictment; at what time the Jury being impanell'd, and the Evidence found insufficient which came in a∣gainst him, the Jury was discharged without a Verdict, he was informed that no Man could be tried, and consequently put in Jeopardy of his Life twice for the same Cause. For which reason he pray'd for Counsel to direct him upon that Point in matter of Law. He urged that his Life was in danger, as being deliver'd over in Charge to the Jury: and to make it out he alledg'd the Case of Sayer, in the 31 Eliz. who having pleaded to a former Indictment for a Burglary, was indicted a second time, upon which it was the Opinion of the Judges, that he could not be indicted twice for the same Fact. He likewise desir'd a sight of the Record, and that he might be informed, whether or no when a Person comes upon his Trial, he ought not either to be condemned or acquitted? Upon the whole matter, and his Motion together, the

Court declar'd to him, that the Jury being discharg'd of him, his Life was in no danger. For that the Jury being sworn to make a true deliverance or the Prisoners in their Charge, their Charge could not be full till the last Charge of the Court, after Evidence. Moreover, he was told that such a Plea as he produc'd could not be supported without a Record, and it was cer∣tain there was none here, because there was no Verdict; and besides, this was not the same Indictment, in regard it contain'd new matter.

Then Fenwick offered the same Plea, his Case being the same, appearing before with White∣bread upon his Trial: but the Court return∣ing the same Answer to him as to the for∣mer, they both submitted, and so all of them pleaded severally Not Guilty to the Indictment.

Then the Jury being to be impanell'd, they unanimously excepted (without naming them) a∣ganist all those Persons that had serv'd before as Jury-Men in the same Cause, which the Court allowed them, as but reason. And the Jury therefore that were sworn were these twelve.

• ...Thomas Harriott,
• ...William Gulston,
• ...Allen Garraway,
• ...Richard Cheney,
• ...John Roberts,
• ...Thomas Cash,
• ...Rainsford Waterhouse,
• ...Matthew Bateman,
• ...John Kain,
• ...Richard White,
• ...Richard Bull,
• ...Thomas Cox.

To whom the Indictment being read, Mr. Bel∣wood (of Counsel for the King in this Cause) open'd the Indictment, and Sir Creswel Levinz

proved the Charge, and then Dr. Oates was first called, and being sworn he deposed, That White∣bread was made Provincial the last December was twelve Month; and by virtue of his Authority, order'd one Conyers to preach in the English Semi∣nary upon St. Thomas of Becket's-day, that the Oaths of Allegiance and Supremacy were Here∣tical, Antichristian and Devilish: which ac∣cordingly was done. That in January or Fe∣bruary he wrote Letters to St. Omers concerning the State of Ireland, of which he had an ac∣count from Arch-bishop Talbot, who wrote him word, that there were several thousands of Irish ready to rise, when the Blow (by which was meant the King's Murther) should be given in England, and he hoped it would not be long ere it was given. That he sent over two Jesuits into Ireland in January to see how Affairs stood there; of whose return he writ an account to St. Omers in April, and of the Consult to be that Month, at which he was, and signed a Resolve at Wild-house, that Pickering and Grove should go on in their design to dispatch the King, as a very excellent Expedient. That in June he went over into Flanders to look to his Charge, as Provincial, and there in discourse with some of the Fathers, he used this Expession,

That he hoped to see the black Fools Head at White-hall laid fast enough; and that if his Brother should appear to follow his steps, his Pass∣port should be made too.

That also upon Sir George Wakeman's refusing to poison the King for 10000 l. he advised the adding of 5000 l.

more, and was highly pleased that he had ac∣cepted it.

Mr. Dugdale's Evidence against him was, That in a Letter from Grove to Ewers, he saw one of Mr. Whitebread's, to take none but stout despe∣rate Fellows, not mattering whether they were Gentlemen or no, and that they were to take away the King's Life. That he had seen White∣bread at Harcourt's Chamber with Le Faire, Pritchard and others, where they fell into dis∣course concerning Sir G. Wakeman's bogling at 10000 l. and so agreed to make it up 15000 l. to which Whitebread readily consented.

Mr. Bedloe swore against him, That it was Whitebread that gave Coleman an Account of sending four Irish-Men to Windsor.

As to Fenwick, it was sworn against him by Dr. Oates, that when he came over in June, he met with Fenwick at Dover, who came with him to London, and upon his Box being seized by the Searchers, he heard him say, That if they had searched his Pockets, as they had his Box, they had found such Letters as would have cost him his Life; for, said he, they were about our Concern in hand. That he and one Ashby, or rather Thimbleby, then brought over Instructions from Whitebread, to offer Sir G. Wakeman 10000 l. to poyson the King, and for filling up a blank Commission to Sir John Gage to be an Officer in the Army. That Ashby being to go to the Bath, Fenwick with Harcourt did advise him, upon his leaving that place, to take a turn about Somerset∣shire, and to possess the People there with the matter, not doubting but that before he came

up to Town again to have the Gentleman at VVhite-hall dispatch'd, whom they called the black Bastard. That Fenwick was with others at VVild-house upon the 21st of August, at what time there was 80 l. before them on a Table, which was for those that were to kill the King at VVindsor, and was present when the Money was paid to the Messenger. That he also being at a Consult of the Benedictines, received advice from Talbot out of Ireland of a design to kill the Duke of Ormond, desiring Commissions and Mo∣ny for advancing the Design. Upon which the said Fenwick sent Commissions to Chester by an Express, and other Letters by the Post; and moreover he deliver'd the Witness Money for his necessary Expences, charging him to pro∣cure some Masses to be said for a prosperous Success of the Enterprize.

Against Fenwick, Mr. Prance deposed that in Ireland's Chamber in Russel-Street about a fort∣night before Michaelmas last, there was Ireland, Fenwick and Grove talking of 50000 Men that should be raised, and be in readiness to carry on the Catholick Cause, and were to be govern'd by the Lords Bellasis, Powis and Arundel: And that he, asking them what would become of Tradesmen, if Civil Wars should be again in England? Fenwick bid him never to fear a Trade, for there would be Church-work e∣nough for him, as Crucifixes, Images, and the like.

Mr. Bedloe being sworn, deposed that he bad seen Fenwick both at Whitebread's and Harcourt's Chambers, when the Murther of the King was

discoursed of, and that he agreed with the rest, and consented to it.

Against Harcourt, Dr. Oates deposed, That he was one of those that were at the great Con∣sult, and sign'd the Resolve. And that he was present at the filling up of the blank Commissi∣on to Sir John Gage; And paid the Messenger the 80 l. which was for the four Assassinates at VVindsor in his own Chamber.

Against him Mr. Dugdale swore, that he being pitch'd upon to be one of the King's Murderers, was by Harcourt chosen to be disposed of at London for that purpose, under the Tuition of one Mr. Parsons. That there was a Letter from Paris which pass'd through Harcourt's hands, to prove that it was the opinion of them at Paris and St. Omers, to fling the Death of the King upon the Presbyterians, whereby they should bring in the Episcopal Party into the Papists Company, to revenge themselves of the Presbyterians; and after that, to go on to a Massacre, and those that escaped it, to be afterwards totally cut off by the Army. That he also had seen several treasona∣ble Letters, at least an hundred of them, all sent from Harcourt to Ewers under a Cover from Groves, which he had intercepted and read. That the first Intelligence of the Mur∣ther of Sir Edmondbury Godfrey, which they had in the Country, was sent from Harcourt, which Letter was received on Monday, and bore Date on Saturday, upon the Night of which Day the said Murther was committed, with these parti∣cular words, This Night Sir Edmondbury God∣frey is dispatch'd. In Confirmation of which

Particular, Mr. Chetwin was sworn, who de∣posed, that on Tuesday after the Murder, one Mr. Sanbidge (a Kinsman of the Lord Astons) came to him from Elds, an Ale-house, and ask'd him, if he heard not of a Justice of Peace at VVest∣minster that was kill'd? the Girl of the House having told him that Mr. Dugdale had reported there that Morning that such an one was kill'd.

Mr. Bedloe being sworn, deposed also, that he saw Harcourt take the 80 l. out of a Cabinet, and pay the Mony to the Messenger that was to carry it to the Ruffians at Windsor, giving the said Messenger at the same time for Expedition a Guinea, as from Coleman, to drink his Health. —That in Harcourt's Chamber 1500 l. was agreed upon and appointed, as likewise the number of Masses, for Grove and Pickering for killing the King;—That he was one of those that agreed and consented to the addition of 5000 l. to the first 10000 l. to be given to Sir G. Wakeman. —That he brought Harcourt several Letters from Wotton, St. Omers, Bruges, Paris, Vallado∣lid, and Salamanca, all of them for carrying on the Plot, shewing what Men, and Mony was in readiness, and what more expected.—That the Contributions and Accounts lay generally in Harcourt's Hands, and that he had carried seve∣ral Papers from Harcourt to Langhorn concern∣ing the same matter.—That he carryed a Con∣sult to St. Omers from Mr. Coleman, to whom Harcourt went with him, and that in that Con∣sult was the main of the Design;—Also that he saw Harcourt give Sir G. VVakeman a Bill upon some certain Citizen for 2000 l. telling him at

the same time, that it was in part of a greater Sum.

Then two Papers were produced and read in Court, which Sir Thomas Doleman deposed he found amongst Harcourts Papers; the first was a Letter from one Mr. Petre, giving an account when the Consult was to be, advising Secresy, as to time and place, it appearing of its own Nature necessary. The other was a Letter from one Christopher Anderton, dated from Hilton (by which was meant Rome) Feb. the 5th, 1677/8. wherein mention was made of the Patents being sent thence: both which Letters the Prisoners strugled much to vindicate by such forced Con∣structions of the matters they contained, as all the Court rejected.

Against Gavan Dr. Oates deposed, That he saw his Name to the Resolve, though he could not swear he was at the Consult of the 24th of April: That he gave an account from time to time of the Affairs of Staffordshire and Shropshire, relating to the Plot; and that coming to London, he gave the same account to Ireland his own Chamber, and talk'd of two or 3000 l. that would be ready for the Design.

Mr. Prance then deposed, that Harcourt had told him above a Year before, (as he was paying him for an Image of the Virgin Mary,) that there was a Plot upon the Life of the King.

Mr. Dugdale deposed against him, that it was he who had engaged him in the Plot upon the Life of the King, and often perswaded and en∣couraged him to it.—That at Ewer's and his Chambers at Boscobel and other places, several

Consultations had been had about the Death of the King, and bringing in of Popery; wherein Mr. Gaven was always a great Man, being a good Orator to perswade People in the Design: —That at the same Consultations he had heard the Massacre often discours'd of. And that Ga∣ven should say,

That tho they were but in a low condition themselves, yet they would have Men and Mony enough to spare for such a De∣sign.

—That the said Gaven had many times endeavoured to convince him of the Lawfulness if not the Merit of killing any person whatso∣ever for the Advancement of their Religion.

As to Turner, it was sworn by Dr. Oates, that he was at the Consult of Fenwick's Chamber, and sign'd the Resolve.

Mr. Dugdale also deposed, that Ewers had told him that Turner was to carry on the Design in VVorcestershire.—That the said Turner had met with Ewers, Leveson and others, in several places, and had in every one of them given his consent to, and assisted with his Counsel in the carrying on of the grand Design of killing the King, and introducing of Popery.

This was the main of the Evidence for the King. The Prisoner's defence lay chiefly in seeking to invalidate the Testimony given against them; and to prove Oates perjured; they produced these St Omers Witnesses, who testify'd that he was not in England in April, viz. Mr. Hilsley, William Parry, Doddington, Gifford, Palmer, Cox (who differed in his Testi∣mony from all the rest, and caused two great Laughters in the Court) Thomas Billing, Townley,

Fall, John Hall (Butler), Cooke (a Taylor); some of which were so positive, that they affirmed that Dr. Oates never lay but two Nights out of the Colledg from December till the middle of June. — And to prove further, that he did not come over with Sir John VVarner, and Sir Tho∣mas Preston (as he had deposed elsewhere) one Bartlet (a Dutchman) Carlier Verron, Baillee (who spoke by an Interpreter) John Joseph and Peter Carpenter appear'd.

Then Gaven produced two Witnesses to prove him to be at VVolverhampton in Staffordshire at the time of the Consult, viz. one Mrs. Kath. VVinford (at whose House he there lodged) and Mary Poole, a Servant in the House; the latter of whom was so lame in her Testimony, as caused both Laughter and Shouts. He pro∣duced four more, that affirm'd him to be in VVolverhampton the last week in July, but none that could speak to the other three weeks in that Month. However he protested his Inno∣cency, and desired to put himself upon the Trial of Ordeal.

Then VVhitebread in his defence offered to prove D. Oates mistaken in his Evidence at Mr. Ire∣land's Trial, which the Court would not allow.

Harcourt endeavoured to prove Dr. Oates mistaken as to Ireland's being with him in his Chamber in August. One Gifford, the Lady Southcott, Sir John Southcott, Mr. Edward South∣cott, (his Son) Mrs. Harewel, her Daughter, Eliz. Keeling, Pendrel, and his Wife, two Mrs. Giffords, and one Mr. Bedloe affirming him to have been most of that Month in Saffordshire.

Fenwick offer'd to invalidate Mr. Bedloe's Evi∣dence, from his having been an ill Man, &c.

Then Sir Creswel Levinz (of Counsel for the King) summ'd up the Prisoners Defence, and to clear Dr. Oates's Evidence about Ireland, he called Sarah Pain, who swore that she saw Ire∣land in London about the middle of August. And for the Proof of Dr. Oates's being in England at the time he said he was, Mr. VValker (a Mi∣nister) Mrs. Ives, Mrs. Mayo, Sir Richard Barker, Philip Page, Butler, (his Servants) Mr. Smith (Schoolmaster of Islington) and Mr. Clay, a Popish Priest; all deposed as to his being seen in April and May (78): to which the Prisoners only opposed the Number, and Innocency of their Evidence (being most young Boys). After which the Ld. Ch. Justice directed the Jury: and in summing up the Evidence, insisted particularly on Dugdal's Evidence concerning Sir Edmondbury Godfrey's Death, as a mighty Confirmation of the Plot. —Then an Officer was sworn to keep the Jury, who withdrew; and the Judges also went off from the Bench, leaving Mr. Recorder, and a competent number of Commissioners there to take the Verdict; and about a quarter of an Hour after, the Jury brought them all in Guilty. —Then the Prisoners were carried back to Newgate, and the Court adjourned till eight next Morning. And then Mr. Langhorn was tried, and found guilty: After which, they were all six brought to the Bar together, and received Judgment to be Drawn, Hang'd and Quartered: which accordingly was done upon these 5 Jesuits and Priests, on Friday, June the 20th, at Tyburn.

The Trial of Richard Langhorn Esq Counsellour at Law, at the Old-Baily, on Saturday, June the 14th, 1679.

HIS Indictment was for conspiring the Death of the King, Subversion of the Government and Protestant Religion: whereto he pleading Not guilty, the Jury were impannelled for his Trial; who were,

• ...Arthur Yong,
• ...Edward Beeker,
• ...Robert Twyford,
• ...VVilliam Yapp,
• ...John Kirkham,
• ...Peter Pickering,
• ...Thomas Barnes,
• ...Francis Neeve,
• ...John Hall,
• ...George Sitwel,
• ...James VVood,
• ...Richard Cawthorne.

To whom the Indictment being read, Roger Belwood Esq (of Counsel for the King in this cause) opened the Indictment, and Sir Creswel Levins proved the Charge. And,

Then Mr. Dugdale was first called to give Evi∣dence of the general Design, from which after∣wards it would be brought down particularly to Mr. Langhorn: who therefore deposed, that he had been in several Consultations for alteration of this present Government, and for the intro∣ducing of Popery, and Murther of the King; that he was to have a Sum of Money to be one of them that should kill the King; being put upon it by Mr. Ewers, Mr Gavan, Mr. Luson, and Mr. Vavasor, all Jesuits, that there was then to

have been a Massacre of the Protestants, and then an Army to have appear'd to have cut off those that might escape the Massacre: that these Consultations were in Staffordshire; one at Tixal, another at Boscobel, at my Lord Aston's and Mr. Gerrard's.—Also that Mr. Ewers received a Letter on Munday, dated on Saturday from Mr. Harcourt, which did express and begin thus; [This very night Sir Edmondbury Godfrey is dis∣patched] with some other words of like Im∣port.

Then Mr. Prance deposed that he was told by the Lord Butler, that one Mr. Messenger a Gentle∣man of the Horse to the Lord Arundel of VVar∣der, was by him imployed, and the Lord Powis to kill the King, for a good Reward: That Mr. Harcourt, in his hearing, said that the King was to be killed by several: And that Fenwick said, Mr. Langhorn was to have a great hand in it: That then an Army of 50000 Men was to be raised and governed by the Lords Arundel and Powis, to rain the Protestants, and settle the Catholick Religion, whereof he hath heard Fen∣wick, Ireland and Grove speak at the same time together.

Then for the Proof of the particular matters of the Indictment, Dr. Oates was sworn, who deposed, That in April 1677, he went into Spain: and in September following, Mr. Langhorn's Sons came thither, the one a Scholar of the English Colledg at Madrid, the other of the English Colledg at Valladolid, to study Philosophy in order to their receiving of the Priesthood That in November following he returned into England,

and brought Mr. Langhorn Letters from his Sons, which he delivered soon after his Arrival to him; telling him; at the same time, that he be∣liev'd his Sons would both enter into the Society, whereat Mr. Langhorn seem'd mightily pleased, saying that by so doing they might quickly come to Preferment in England, for that things would not last long in the posture they were in. That in the latter end of November, he returning to St. Omers, Mr. Langhorn deliver'd to him a Pac∣quet to carry thither, wherein, when it was opened, he saw a Letter from him to the Fathers, giving them thanks for their care and kindness towards his Sons, promising them to repay them their charges of his Son's Journey into Spain (which was 20 l.) telling them that he had writ to Father Le Chese, in order to their Concerns; saying that Mr. Coleman had been very large with him, and therefore it would not be necessa∣ry for him to trouble his Reverence with any large Epistles at that time, which Letter he saw not, only this account of it. That there was in March or April after, another Letter from Mr. Langhorn to the Fathers at St. Omers, about an extravagant Son of his, wherein he also ex∣press'd his great care for the carrying on of the Design of the Catholicks; and that the Parlia∣ment began now to flag in promoting the Pro∣testant Religion, and that now they had a fair Opportunity to begin, and give the Blow. That in April or May when the Consult was, to which several of them came over from St. Omers, and at which, tho Mr. Langhorn was not present, yet that he had Orders from the Provincial to

give him an account of what Resolutions and Passages, and Minutes pass'd; and this he did, as well as he could, telling him who went Pro∣curator to Rome (which was one Father Cary) that several of the Fathers were to be admo∣nished for their irregular living, as they termed it; and that it was resolv'd that the King should be kill'd; that Pickering and Grove should go on to do it (for which Grove was to have 1500 l. and Pickering 30000 Masses;) upon the hearing of which Mr. Langhorn lift up his Hands and Eyes, and prayed God that it might have good Suc∣cess. That then he saw in Mr. Langhorn's Cham∣ber seven or eight Commissions (whereof there were about fifty) by Virtue of a Breve from the Pope, directed to the General of the Society, and signed 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Johannes Paulus de Oliva; those he saw, were for the Lord Arundel to be Lord Chancellor of England; the Lord Powis to be Lord High Treasurer; the Lord Bellasis to be General; the Lord Peter to be Lieutenant Gene∣ral; the Lord Stafford to be Pay-Master (or some such office) in the Army; Mr. Coleman to be Secretary of State, and Mr. Langhorn to be Advocate of the Army.—That he saw the An∣swers of Le Cheese, and Anderton (who was Rector of the Colledg at Rome) to Mr. Langhorn's Letters to them; and carried the Originals of them, to the Fathers who requested them from Mr. Langhorn; wherein Le Chese did assure him of his Stedfastness and Constancy to assist the English Society for the carrying on the Cause; And that they should not need doubt, but the French King would stand by them.—That Mr.

Langhorn was employed as Solicitor for the Je∣suits, and went with Harcourt, Fenwick, Keines, and Langworth, and communicated the Secret to the Benedictine Monks, desiring them to stand by them, with a Sum of Money for the carrying on the Design; upon which, as he heard, that 6000 l. was promised, and that Mr. Langhorn was to receive it; which though he could not prove that he had, yet that he was sure he was much disgusted, that Sir George Wakeman was not contented with 10000 l. to poison the King saying, he was a covetous Man, that it was in a Publick Concern, and that being it was to carry on the Cause, it was no matter if he did it for nothing; but he was a narrow-spirited, and a narrow-soul'd Physician. That Mr. Langhorn also did know of 800000 Crowns come to France for England, from the Congregation at Rome.

Then Mr. Bedloe being sworn, there was (as a Confirmation of what Dr. Oates had deposed concerning the Commissions) an Instrument pro∣duced found by Mr. Bedloe, in searching Mr. Ar∣thur's Study (a Papist) a good while after Dr. Oates had given his Testimony publickly, signed and seal'd just as the Commissions were. He then deposed, that about three Years since he was sent by Mr. Harcourt and Mr. Coleman with Let∣ters to Le Chese; that the Letters were writ at Coleman's House, and brought open by Mr. Cole∣man to Mr. Langhorn's Chamber in the Temple, where the Prisoner read and registred them, and then Coleman sealing them up, gave them to him to carry away.

The effect of which was to let Le Chese know, that they waited only

now for his Answer, how far he had proceed∣ed with the French King for sending of Mony; for they only wanted Mony, all other things were in readiness. That the Catholicks of England were in safety; had made all Places and all Offices to be disposed of to Catholicks, or such as they thought would be so; that all Garisons were either in their own Hands, or ready to be put into them; that they had so fair an Opportunity, having a King so easy to believe what was dictated to him by their Party, that if they slipp'd this Opportunity, they must despair of ever introducing Popery into England; for having a King of England so easy, and the French King so powerful, they must not miss such an Opportunity.

— That about a Year and an half since, Mr. Har∣court sent him with another Pacquet of Letters to Mr. Langhorn to Register, wherein were two Letters that he before had brought from Spain, the one from Sir William Godolphin to the Lord Bellasis; the other from the Irish Colledg of Je∣suits in Salamanca. That the Letter from the Rector did specify, That they would have the Lord Bellasis, and the rest of the Lords that were concerned, and the rest of the Party in Eng∣land, to be in readiness, and to have this com∣municated with all expedition; for that now they had provided in Spain, under the Notion of Pilgrims for St. Jago, some Irish cashier'd Soul∣diers, and a great many of Lay-Brothers, to be ready to take Shipping at the Groin, to land at Milford-Haven, there to meet the Lord Powis, and an Army that he was to raise in Wales to

further this Design. That also, he met with Father Keins, he brought a Letter from Mr. Langhorn in his Hand, which he said was a chiding Letter, from the Secretary de propaganda Fide, Cardinal Barbarino, to Mr. Langhorn and the rest of the Conspirators, for going on no faster when they had so fair an Opportunity.

Then Thomas Buss, the Duke of Monmouth's Cook, was sworn, who (being out of the way before) now deposed to the Plot in general, That he in September last being at VVindsor, heard one Handkinson bid one Anthony a Portuguese, and the Queen's Confessor's Man, who was then drinking in their Company, that he should have a special care of the four Irish Gentlemen he brought over with him, for that they would do their Business; whom, since he had seen Cole∣man's Trial, he supposed to be the four Irish-Men that were to kill the King. Then this An∣thony was sent for by the Court to be took up, but Handkinson was return'd beyond Sea.

Then the Prisoner, in his own defence, offer'd to the Court, that the two Witnesses against him, Oates and Bedloe, were Parties to the Crime which was laid to his Charge; and therefore he desired to know, whether they had their Pardon, or no? Which tho it were sufficiently made out, yet the Court for his further satisfaction decla∣red, That whether they had or had not, yet they were good Witnesses, or else they should not have been admitted. Whereupon the Pri∣soner started another Question; Whether having had their Pardons, they might not fall under the same prospect in Law with an Approver; not as

being Approvers, but as under some equivalence of reason for them? From whence he would have inferr'd, That if the Approver be par∣doned, the Appellee ought to be discharg'd. To which the Court replied, That an Approver was ever allow'd Maintenance, and that there ought to be a proof of corrupt Contract, or Subornation, to invalidate a Testimony. Then the Prisoner desired to know, whether they had ever received, or did not expect Gratifications and Rewards for their Discoveries.

To which Dr. Oates declared, That he was 6 or 700 l. out of Pocket, and knew not when he should see it again. The Prisoner urged, That Mr. Reading had told him, that Mr. Bedloe had received 500 l. But the Court inform'd him, that was for the discovery of the Murderers of Sir Edmondbury Godfrey. Then (these little Passes being all put by, and he having nothing to answer to the Fact) to invalidate the Witnesses, he called in the St. Omers Gang, which had all been heard, and baffled but the day before, to prove that Dr. Oates did not come over with those Persons he deposed he did, nor at that Time, but was at St. Omers in April and May, which was the only Months they could answer any Questions about; because (as one of those Witnesses very honestly confess'd) the Question that he came for, did not fall upon any other Time. Others of them contradicted themselves, as to what they had spoke the day before; one calling it the 24th of April New-Stile, who ye∣sterday call'd it Old-Stile; another June, who yesterday said July. And the Woman of the

VVhite-Horse Tavern affirming her House to be little, and that there was never a Room therein that could contain near so many as Dr. Oates had deposed had met there at the Consult; se∣veral in the Court presently contradicted her, affirming, that Fifty might dine at once in some of her Rooms. Then Mr. Langhorne would have urged something against the Witnesses which they had said at other Trials; the unrea∣sonableness whereof the Court shew'd him.

Then several substantial Witnesses being sworn, (whereof one was a Papist) deposed, That they saw Dr. Oates in London in April and May 1678. which quite contradicted the St. O∣mer's Evidence.

Then Mr. Langhorn urg'd the St. Omer's Te∣stimony notwithstanding, against Dr. Oates's Evidence; and affirm'd, that he had never seen Mr. Bedloe before that day; and that it was im∣probable, that one that was in his way of Pra∣ctice, should become a Clerk to register Letters; and that there was no proving a Negative; dis∣claiming all Principles of Disloyalty, leaving the rest to the Jury.

Therefore the Ld. Ch. Justice then summ'd up the Evidence, and directed the Jury: And then a Letter found among Harcourt's Papers, five or six days after Dr. Oates had given in his Infor∣mation to the King and Council, was produc'd, and read in Court, to confirm Dr. Oates's Testi∣mony about the Consult.

Then an Officer was sworn to keep the Jury, who withdrew to consider of their Verdict; and the Judges also went off from the Bench. After

a short space the Jury returned, and brought the Prisoner in Guilty; upon which there was a very great Shout.

Then the five Prisoners cast the day before, were all brought to the Bar, and received Sen∣tence together, To be Drawn, Hang'd, and Quar∣ter'd: Mr. Recorder applying himself first to them in a very handsom Speech.

Which Sentence, after a Month's Reprieve, was executed upon him at Tyburn.

The Trials of Sir George Wakeman Bar.

• William Marshall Benedictine Monks.
• William Rumley Benedictine Monks.
• James Corker Benedictine Monks.

At the Sessions-House in the Old-Baily, on Friday, July 18. 1679.

THen and there these Prisoners were Indicted for High-Treason, for conspiring the Death of the King, subversion of the Government, and Protestant Religion, whereto they all plead∣ed, Not Guilty.

Their Jury were;

• Ralph Hawtrey Esq
• Henry Hawley Esq
• Henry Hodges Esq
• Richard Downton Esq
• John Bathurst Esq
• Robert Hampton Esq
• William Heydon Esq
• John Baldwyn Esq
• Richard Dobbins Esq
• William Avery Esq
• Richard White Gent.
• William VVayte Gent.

To whom the Indictment being read, Edward VVard Esq (of Counsel for the King in this Cause) opened the Indictment, and Sir Robert Sawyer opened the Charge. And then Mr. Dug∣dale was first called to give a general Account on∣ly of the Plot. Who therefore being sworn, deposed, That for these seven Years he had known of the Plot, and for two Years particu∣larly; and that in order thereto, the best way was, to kill the King; and to that purpose there were several Letters sent weekly into Staf∣fordshire, and very often directed to him in a Cover, wherein were seven or eight several Let∣ters, as from Ireland, Harcourt, and Grove, to some Priests in Staffordshire, viz. Ewers, and Lewson, and Vavasor; and many times they writ of the Plots going on to kill the King, ad∣vising to Secrecy, and mentioning who should be their Officers for an Army to be raised after∣ward. That he was engaged to be one of the Assassinates, first about two Years ago, but more precisely in June or July last was 12 Month, and he should have come up for that end to London, in October, there to have received Directions from Ireland; but the Plot breaking forth he was prevented; and that the Lord Stafford pro∣mised

him that he should have 500 l. as part of his Reward; and when the Work was done, he should be better gratified.

Then Mr. Prance deposed, That about three Weeks before Michaelmass, he heard Fenwick, Grove, and Ireland discoursing, in Ireland's Cham∣ber, of 50000 Men that were to be raised for the setling of Popery; and he asking what poor Tradesmen should do? Fenwick said, That he need not fear, for he should have Church-VVork enough to make Crucifixes, Basons, and Candle∣sticks, (being a working Gold-smith); and that this Army was to be govern'd by the Lords, Powis, Stafford, Arundel, Bellasis, and Petre.—That he heard that one Messenger was to kill the King; but meeting him, the said Messenger told him, They were off that now, but pray'd him however to keep Counsel.

Then Mr. Jennison depos'd, That he was in Ireland's Chamber in Russel-street, when there a∣rose a discourse concerning the hopes of bring∣ing in Popery; and Ireland said, There was on∣ly one in the way that stop'd the Gap, and hin∣dred the Catholick Religion from flourishing in England again; and said, It was an easy matter to poison the King; and that this was in June 1678. And on the 19th day of August he saw Ireland again at his own Chamber, (which con∣tradicted what had before been deposed in Ire∣lands's Trial, that he never was in London after the 3d of August till September); And this he proved by many remarkable Circumstances, and strengthen'd his own Evidence, by that of Mr. Bowes, and Mr. Burnet, who proved that Mr. Jen∣nison was then in London.

Then Dr. Oates was called, (whose Evidence was to effect directly the Prisoner's) and he be∣ing sworn, deposed against Sir George VVake∣man, That he saw a Letter of Sir G. VVakeman's to Ashby, wherein was some Prescriptions he was to observe at the Bath; and afterwards an In∣formation, that the Queen would assist him to poison the King.—That a short time after he saw Sir George at Ashby's, sit in a writing po∣sture, and saw him lay by his Pen, rise up and go away, and the same hand he left behind him in a Paper where the Ink was not dry, was the same Hand that writ the Letter to Ashby.— That in that time of Converse, while Sir George was writing, Ashby gave him some Instructions concerning the Commission he had received of being Physician to the Army.—That some few days after this, by Command from the Queen, Harcourt, Keines, Langworth, Fenwick, and a∣nother, did attend the Queen in her Chamber at Somerset-House; and that he waiting in an Anti-Chamber, heard a Woman's Voice, (which afterwards he knew to be the Queen's, there being no other Woman there, and he seeing her while she spoke) which did say,

That she would assist them in the Propagation of Pope∣ry, with her Estate; and that she would not endure these Violations of her Bed any lon∣ger; and that she would assist Sir G. VVake∣man in poisoning the King.

—That he was pre∣sent when Ashby, by Order from the Provincial offer'd Sir George the 10000 l. in the presence of Harcourt and Ireland, to poison the King.— That he refused it, not in abhorrency of the

Crime, but because, as he said, it was too, lit∣tle for so great a Work.—That afterwards 5000 l. more was offer'd him, as he was credi∣bly inform'd, by the Order of the Provincial VVhitebread; But that he certainly saw the Pri∣soner's Hand to a Receipt in the Entry-Book at VVild-House, for 5000 l. in part of the said 15000 l.

Mr. Bedloe deposed, That he was in Har∣court's Chamber, last August, where he saw Har∣court deliver to Sir George a Bill of 2000 l. (which he said came from the Queen) which was char∣ged, as he supposed, on some Goldsmith near Temple-Bar. That as soon as Sir George had read it, he said, 'twas well, if it would be ac∣cepted; that he found more Incouragement from his good Lady and Mistress, than from any of them all.—That the Bill was accepted, and the Mony paid, by the Confession of Sir George to the Witness. That the said 2000 l. was soon after made up 5000 l. and as Harcourt told this Deponent, all upon the same account, and in part of the 15000 l.

Sir George pleaded to all this, That he had been left at Liberty 24 days after he had been be∣fore the Council; and that upon Dr. Oates's be∣ing sent for to the House of Lords to repeat his Evidence, he confess'd there, that he did not know Sir G. VVakeman's Hand, and only knew the Letter in question to be his Letter, by being subscribed G. VVakeman; concluding from thence, that he would have told more at that Examina∣tion had he known more. To which the Doctor replied, That he had been so over-toiled with

watching, and searching after Persons detected, that he was not able to make good his Charge: Which was also confirm'd by the Testimony of Sir Thomas Doleman.—But Sir Philip Floyd, one of the Clerks of the Council, was more express in behalf of the Prisoner, who acknowledged indeed that Dr. Oates did make mention of Sir George's undertaking to poison the King, as he had understood by a Letter from VVhitebread to Harcourt; and that he was inform'd by the same Letter, that Coleman had paid him 5000 l. of the 15000 l. agreed upon: But that being de∣manded of his own personal knowledg what he could tax Sir George withal, he solemnly de∣nied that he had any thing more against him.— To which the Doctor gave the same answer of his extream Weakness and Indisposition as be∣fore.

Sir George also offered to prove, That there was nothing about poisoning the King, in that his Letter to Ashby, Mr. Chapman, and Hunt his Man, (the first shewing a piece of the Letter, and the other affirming that he writ it from his Master's Mouth, being then indispos'd) but the Court judging this to be some other, and not that Dr. Oates swore, this was rejected as no Evidence.—Finally, Sir George recommended this one Observation-more to the Court; That in Oates's Narrative, there was not one Letter which came from beyond-Sea, to which he did not swear positively as to the Date, and as to the Receipt; and yet that in the Case of Life he would not be confin'd to a Month. Concluding with a solemn Imprecation, and disclaiming all

the Crime in this Matter that had been charg'd against him.

Against Corker, Dr. Oates swore, That he was privy to the Promise of the 6000 l. which was to be raised among the Benedictines for car∣rying on the Design; and as being President of the Benedictines he assented thereto.—That the said Corker gave Le Chese, and the English Monks at Paris an account of the Jesuits Proceedings in England;—And that he had a Patent to be Bishop of London, which the Witness had seen in his hand;—And that he disposed of several parcels of Mony (which they called the Queen's Charity) for advancing the Design.—That also he was privy to the Grand Consult in April, and excepted against Pickering's being made choice of for killing the King, in regard that he being engag'd to say High Mass, an Opportunity might be lost in the mean time.

Mr. Bedloe further depos'd against him, That he had been with him in the Company of others at Somerset-House, where he heard him discourse in general concerning the Plot; of Letters of Intelligence, and raising an Army; What Agi∣tators the Conspirators had in the Country, and what Interest they had made.

To this Corker offer'd, in his Defence, That not knowing his Accusations he could not come with Evidences to support his Plea—That there was nothing more easy than to accuse an innocent Person, and that the Circumstances ought to be as credible as the Witnesses: of which there was neither to be found in his Case; using many Flourishes to move the Court and

the Jury, raising his Arguments from Improba∣bility of Witnesses, to maintain his Allegations. —And the more to invalidate Oates's Testi∣mony, he produced one Ellen Rigby, Elizabeth Sheldon, Alice Broadhead, who testified, That one Stapleton was President of the Benedictines, and not himself, and that the said Stapleton had been so for many Years.

Against Marshal Dr. Oates depos'd, That he was present when the 6000 l. was agreed upon, and that he made the same Exceptions against Pickering that Corker had done.

Mr. Bedloe swore also against him, That he had carried several Letters to Papists in the Country that were in the Design, and particular∣ly one to Sir Francis Ratcliff.—And that he had sent Letters of his own twice to others concern∣ing the subverting of the Government, and introducing Popery.

To this Marshal, throwing himself upon the Court, whom he besought to manage his Cause for him, as having had so much Trial of their Candour and Ingenuity, he made some slight Reflections upon the King's Evidence; and de∣sir'd the Court to consider how-little concern'd he was at his being apprehended, which was no small sign of his Innocency; Relating the man∣ner of it, though very falsly, as Sir William Waller then swore.—But the main of his Evi∣dence lay upon this stress, That Dr. Oates was a stranger to him, and had mistaken him for some other Person; which also was evidently made out to the contrary; besides, that the Prisoner brought no proof of what he affirm'd

in that particular.—The Conclusion of his Defence was, a smooth Harangue, ad captandum populum, and in justification of the Crimes of the five Jesuits that had already suffered; which, because it was look'd upon as an affront done to the Justice of the Court, the Ld. Ch. Justice replied, in a very smart and excellent Harangue (whereat the people gave a Shout) again upon him, and the Court desir'd him to forbear his Flow∣ers of Rhetorick, which were all to no purpose.

Against Rumley, only Dr. Oates swore, That he was privy to the Consult for the raising the 6000 l. and that he pray'd for the Success of the Design.—And being but one Witness against him, he did not think it needful to trou∣ble the Court with a Defence; And indeed it was the Opinion of the Court deliver'd to the Jury, that they ought to discharge him.

After this the Ld. Ch. Justice summ'd up the Evidences; taking Notice of the weakness of the Prisoners Defences; only expressing himself dissatisfied at Dr. Oates's excuse of his own weakness and infirmity for not giving his full Charge against Sir George Wakeman at the Coun∣cil Board: Since he might have charg'd him in the same breath, that he denied he had any thing more against him. — Saying, it was strange that the Prisoners should have so little know∣ledg, and so little accquaintance with Oates and Bedloe, and so great a matter as they speak should be true, &c.

As soon as my Lord had done speaking, Mr. Bedloe told him he had not summ'd up his Evi∣dence right. His Reply was, I know not by what Authority this Man speaks.

An Officer then being sworn to keep the Jury, the Judges went off the Bench, leaving Mr. Recorder and some Justices to take the Verdict. And after about an Hours space the Jury re∣turned, and brought them all four in, contrary to Expectation, Not Guilty. After which the Court Adjourned.

The Trials of Andrew Brommich and Wil∣liam Atkins, Priests, at the Summer-Assi∣zes at Stafford. As also of Charles Kern a Priest, at Hereford-Assizes, before the Lord Chief Justice Scroggs, 1679.

ON VVednesday, Aug. 13. 1679. the Court sate; And the Night before the Lord Chief Justice having charged the Sheriff to return a good Jury, he now enquired of him if he had observed his Directions; The She∣riff acquainted his Lordship. That since he had impannelled the said Jury, he had heard that one Allen, (who had being returned) said in Discourse with some of his Fellows, that nothing was done against the Popish Priests above, and therefore he would do nothing against them here, nor find them Guilty: Where∣upon his Lordship called for the said Allen, and one Randal Calclough, one of his fellow Jury∣men, and another Witness upon Oath, who proving the words against him, his Lordship discharg'd him of the Jury, and committed him

to Prison, till he found Sureties for his good Be∣haviour. And likewise three more of the Jury were discharg'd upon suspicion of being Po∣pishly-affected, his Lordship commanding the Sheriff to return good Men in their Places; which was accordingly done, and the Jury sworn, viz.

• ...Thomas Higgin.
• ...John Webb.
• ...Edward Ward.
• ...Thomas Marshall.
• ...John Beech.
• ...Randal Calclough.
• ...Richard Trindall.
• ...James Beckett.
• ...VVilliam Smyth.
• ...VVilliam Pinson.
• ...Daniel Buxton.
• ...Richard Cartwright.

Then Andrew Brommich being set to the Bar, was Indicted for being a Priest. And to prove him so,

Ann Robinson deposed, That she had received the Sacrament from him about Christmas last, according to the Church of Rome, in a Wafer; and four times more, before that time, twice at Mr. Birch's, and twice at Mr. Pursall's.

Then Jeoffery Robinson deposed, That he heard him say something in an unknown Tongue, and that he was in a Surplice; but (being a Papist) was hardly induced to say so much.

Brommich's Defence, was only a denial that ever he gave the Sacrament to Ann Robinson, or if he did, that it could be no Sacrament unless he was a Priest. He desired also that it might be took notice, that Robinson and his Wife, upon their Examinations before a Justice of the Peace said, they did not know him.

Then the Statute of 27. Eliz. Cap. 2. was read, and the Ld. Ch. Justice summ'd up the Evidence, and the Jury brought him in Guilty.

Then VVilliam Atkins was set to the Bar, having been Arraigned for being a Romish Priest; and his Indictment read to the same Jury.

Then VVilliam Jackson, being sworn said, He could say nothing.

Francis VVilden deposed, That he heard him say Prayers in an Unknown Tongue, in a Surplice, and had seen him give the Sacrament to seven or eight, according to the manner of the Church of Rome, in a Wafer, at Mrs. Stam∣ford's House in VVolverhampton.

Then John Jarvis being called, refused to be sworn, saying, He was troubled with a Vision last Night; But the Ld. Ch. Justice told him he mistook, for Old Men dream Dreams, 'twas Young Men see Visions, and that he was an old Man: Bidding him speak the Truth, and he'd warrant him he should not be troubled with Visions any more, this being a Trick of the Priests.—So he being sworn, deposed, That he had often been relieved by this Atkins,—and had heard him say somewhat in an Unknown Tongue, and had Confess'd to him, and often received the Sacrament from him, he being in a Priests Habit.

Henry Brown also deposed, That he was al∣most turned from the Protestant Religion to that of the Church of Rome, but never went further than Confession, and that was to this Man, and then he left them.

Then Thomas Dudley deposed, That he like∣wise was given that way, and had been at Con∣fession with one Atkins (whom he believed to be this Man) and had seen him perform several Rites of the Church of Rome at VVell-Head at Ham.

Then the Statute was read, and the Prisoner saying, He had neither any Witnesses to call, nor any thing to say, The Ld. Ch. Justice summ'd up the Evidence; and the Jury brought him also in Guilty. And the Ld. Ch. Justice sentenced them both to be Drawn, Hang'd, and Quar∣ter'd.

ON Monday, Aug. 4. 1679. at Hereford; Charles Kerne was brought to the Bar, and being Arraigned, he pleaded Not Guilty to the Indictment, which was for being a Romish Priest: Then, the Jury being sworn (whose Name's are not inserted into this Trial, only that one VVill. Barret was Foreman) the Court proceeded to call the Evidence against him.

And first Edward Biddolph was sworn, who deposed, that he did not know the Prisoner; that he had seen one of that name 6 Years agone at Mr. Somerset's at Bellingham, but would not say this was he.

Then Margaret Edwards deposed, That she had known Kerne five or six Years.—That the first time she ever saw him was at Mr.VVigmore's of Lucton, who told her it was he. That she hath seen him several times since; twice or thrice at

VVoebly, and the last time was, the 29th of May was Twelvemonth at Sarnsfield, at Mrs. Moning∣ton's, where she saw him deliver the Wafer (and remembred the Words Corpus Christi) to four persons that were there, but she her self did not receive.—She gave also an account of the Reason of her then coming thither, it being at the request of one Harris of Lempster, whose Wife was sick, to seek some Remedy from Mrs. Monington for her.—Telling how the Maid brought her up to the Mistress, how she acquainted her with her Errand, what advice was given her, and how Mrs. Monington under∣standing she was a Papist, took her into the Chappel, whereof she gave a Description.

Then Mary Jones deposed, That she knew Mr. Kerne about eight Years ago, when she lived at Mr. Somersets, and that Mr. Kerne lived in the House about half a Year.—That she hath seen several Persons come thither.—And that one Sunday Morning she saw several Persons go up with Mr. Kerne, and listning, she heard Mr. Kerne say something aloud which she did not understand, there being but a Wall between them.—That also there was a Child Christned in the House, and no one there but Mr. Somerset and his Wife, Mr. Latchet and his Wife, and Mr. Kerne to do it; but she did not see him do it, though she heard his Voice.—And that once she wash'd a Surplice, but knew not whose it was.

Then the Prisoner, in his own Defence, called one Mr. Hyet, who said, That Margaret Ed∣wards had denied to him, that she knew Mr.

Kerne, (but not being on her Oath, when she said so, it was not regarded.) Mr. Weston's maid affirmed, That she saw Margaret Edwards and Mary Jones talking together, and Marg. Edwards instructed the other what she should say; (but being called, they both denyed it upon their Oaths)

Then Mrs. Monington appear'd, who said, She neither knew Marg. Edwards nor James Harris; and Mrs. Monington's Maid denied that ever she saw her at her Mistresses House. Then the Statute being read, of 27 Eliz. the Prisoner urged, that Persons that are not Priest's may say Mass, except that of Bread and Wine; and Christen too in extremis.

Then the Ld. Ch. Justice summ'd up the Evi∣dence, concluding, Margaret Edwards to be a Positive Evidence, but leaving the other doubt∣ful to the Consideration of the. Jury, who brought the Prisoner in Not Guilty.

The Trial of Thomas Knox and John Lane, at the King's-Bench Bar, on Tuesday, Novemb. 25. 1679. before the Lord Chief Justice Scroggs, and the other Judges of that Court.

THen and there the Prisoners were indicted for a Conspiracy to defame and scandalize Dr. Oates and Mr. Bedloe, thereby to discredit their Evidence about the Horrid Popish Plot.

To which having pleaded Not Guilty, the Jury was sworn viz.

• Sir John Kirke.
• ...Thomas Harriot.
• ...Henry Johnson.
• ...Simon Middleton.
• ...Hugh Squire.
• ...Francis Dorrington.
• ...John Roberts.
• ...Rainsford Waterhouse.
• ...Thomas Earsby.
• ...Joseph Radcliffe.
• ...James Supple.
• ...Richard Cooper.

To whom the Indictment being read,— Trenchard Esq of Counsel for the King in this Cause, opened the Indictment, Serjeant Maynard pursued the Charge, and Sir Creswel Levinz, his Majesty's Attorney General opened the Evi∣dence.

Then the Attainders of those Persons execu∣ted for the Plot, and the Impeachments of the Lords in the Tower, and of the Earl of Danby mentioned in the Indictment, being allowed,

Robert Radford, one of his Majesty's Yeomen of the Guard, being call'd and sworn, deposed, That Richard Lane, who was a Yeoman of the Guard extraordinary, and Father of this John Lane, told him, about a Year ago, that Doctor Oates did attempt many times to Bugger his Son; but knowing him to be a lying Fellow, he durst not speak of it again, for fear he would have put it upon him.

Mr. Thomas Allen only deposed, that in De∣cember last, when Lane was out of Dr. Oates's Service, he desired him to interceed for him; which he did, till he was admitted again.

Mr. Samuel Oates (the Doctor's Brother) de∣posed,

That in April last, about a Fortnight be∣fore Lane went from his Brother, he heard him say, (having before wished for 1000 l.) that he questioned not but e're long he should find a way to get 1000 l.—Then offering to speak to Osborn, as to the Thing it self, he was not suffer'd, as being no Evidence against the Defen∣dants, till somewhat had been proved upon them.

Therefore the King's Counsel proposed to prove, that Lane and Osborn (who, tho laid in the Indictment to join, was run away) did ac∣cuse Dr. Oates, and afterwards recant it; and that Knox had an hand in all this. And to this end,

Sir William Waller was called, and deposed, That Justice Warcup and he were order'd, by a Committee of Lords, (before whom a Com∣plaint of Dr. Oates had been brought, of the horrid abuse of his two Servants, Osborn and Lane) to take their Examinations; which he did, and that Lane's Evidence upon Oath was, That he had been induced by Mr. Knox to betray his Master, and to swear several Things against him, which Knox had drawn up, and dictated to him, which Osborn writ, and he signed them. That there were four Letters, three or four Me∣morials, and three or four Informations, which they had carried (Knox accompanying them) to have sworn them before Mr. Cheney; who not caring to meddle with them, they applied them∣selves to Mr. Dewy, who refused them likewise. After this Knox took Lodgings for them, re∣moving them to several places, lest Dr. Oates should hunt them out; bidding them stand firm

to what they were to do, and they should not want for Reward, that would maintain them with Footmen, and to live well. That Knox did, at the One-Tun Tavern, drop a Guiny upon the Table, which he said he would not give, because then they might swear that he never gave them any Mony: And told them, that the Lord Trea∣surer would never have surrendred himself to the Black Rod, unless they had promised to stand fast to what he had dictated to them: One part of which Information was, that Mr. Bed∣loe should say to Dr. Oates, that the Earl of Dan∣by offered him a considerable Sum of Mony to go beyond-Sea; and that Dr. Oates had a De∣sign of abusing Lane's Body.—That Lane fur∣ther confess'd that Dr. Oates would be something hasty and passionate, but was very Religious, and was constant in sending his Servants to Prayers; and that he had accused him of a Falshood by the instigation of Knox, who in∣couraged him to it, by the Promises of a great Reward.—That also, to prevent a Discovery, it was agreed among them, that if any one should betray it, the other two should murder him.— That he did likewise declare, that the Lords in the Tower would not be wanting to acknowledg the kindness in disparaging the King's Evidence. —And that at all the Places, and several Lodg∣ings, and Entertainments they had been at, were all at Knox's Charge, except twice which might amount to about 18 d. and that he paid.—And upon the Examinations of Lane and Osborn, he found they agreed together to a tittle.—That he took also the Examination of Knox, who

said, that the Papers he received from Lane and Osborn, who said, they had writ them out of trouble of Conscience, and desired him to go with them before some Justice to swear them; denying that he paid for their Lodgings, only that he did indeed drop a Guiny, and another time 10 s. upon the Bed, which they took up, but he only lent it them. Confessing, that the Pa∣pers so drawn up, and delivered into his Hands, were by him delivered into the Hands of the Lord Latimer, and were there for some time; this Knox belonging to the Lord Dunblane.— That Knox confess'd also, that he sent a Note to Osborn that day he was examin'd, which was conveyed to him through the Door, to this effect; We always Club'd, and you paid two Shillings at the Sugar-Loaf. Tear this. Which was to intimate that they should say, he did not bear their Charges.

Then Justice Warcup being sworn, deposed, That he also had took Lane's Examination, wherein he had confessed as before. That also he was by, when he was brought before the Lords of the Committee for Examinations, and did hear him there first swear the things in these Notes contained; and then come afterward and beg their pardon, and God's, for what he had sworn was false, and this too was upon Oath. That he heard Knox confess about the Note to Osborn, and he took Lodgings for Lane and Osborn in VVhite-Friers, by the direction of the Lord Dunblane's Coachman.

Then one Rix deposed, That he help'd Osborn into Dr. Oates's Service, and a while after he and

Lane came to him, and said, they were both going off from the Doctor to preferment, and should have 100 l. a Year, and 500 l. apiece, but would not tell how. Another time Osborn came to him to borrow a Cravat, for he was going to dine with one of the greatest Peers of the Realm, at the other end of the Town, (this Discourse being at VVhite-hall); and asking why he would leave Dr. Oates? he said, Let Dr. Oates look to himself, for he had enough against him. Then perceiving some Design, he gave in his Testimo∣ny to Justice VVarcup; and upon further inquiry into it, the Lords ordered him to send out his Warrants for the taking of Knox, Lane, and Os∣born, which he assigned over to him; and in a short time after they were taken. Osborn then confess'd to Justice VVarcup, and Lane to Sir VVil∣liam VValler.—Afterwards Rix drinking with Lane in the Prison, would have paid, but he would not let him, for that he had 23 s. which he said Knox had sent him in. Another day he came to him, and Lane shew'd him a Note (which he had put under the Door) from a Gentlewoman; That if he would stand firm to his Text, he should have 500 l. nay, he should not want 1000 l. But in case they would not, the Lord Trea∣surer would never have come in; and if they did not, he would lose his Head: And this Lane's Father and Mother told him afterwards, and that one Hest did come and tell them so.—That also Lane told him his Heart was lighter now he had con∣fess'd this; and that Knox set him on, drew up the Writings, and promis'd him those Re∣wards.

Then Richard Slightam (a Prisoner and Un∣der-Goaler) deposed, That Knox gave him three half Crowns at one time, and promis'd him a considerable Sum to carry Notes between him, and Lane, and Osborne, but he carried none; And when Osborne had confess'd, he said it would signify nothing, because two were bet∣ter than one.

Then Mr. Dewy depos'd, That at the end of April, or beginning of May, Knox came to him, with two more with him, and said, the Ld. Latimer wish'd him so to do, with Papers ready written, which, as said, were the Informations of one Osborne and Lane, who had over-heard Dr. Oates and Mr. Bedloe conspiring against the Lord of Danby; but the Parliament then sit∣ting, he shifted them off, and did not inspect them.

Then Mr. Henry Wiggens (Mr. Bedloe's Clerk) deposed, That Knox came to him, the latter end of February last, and desired him to get him a Copy of his Master's Papers, and take a Journal of his Actions and the Names of the Persons that came to him; and that the Lord Treasurer would incourage him for his pains; saying, That Oates and Bedloe were two great Rogues, and that the King knew them to be so, and believed not a VVord they said; and as soon as he had heard all they could say, they should be hang'd.

Then Mrs. VViggens deposed the same, as be∣ing present all the time that Knox was with her Son, who refused that her Son should consent or go then with him, as Knox motion'd, to the Lady Danby for assurance of Encouragement,

and any Place in her Lord's disposal.

Then Mr. Palmer (a Yeoman oth' Guard, and one that attended Mr. Bedloe, and got VViggens into his Service) deposed, That Mr. Wiggens made a discovery to him of what Knox had said to him, for to acquaint his Master with, which he did.

Then Mr. Thomas Dangerfield, deposed, That he in June was imployed by the Lady Powis to look after the Prisoners, Lane and Knox, in the Gate-House, and did furnish Lane with Mony, and got him bail'd out; after which he was entertain'd at Powis-House, and then removed, and had 10 s. a week allowed him, and was clothed.—That Knox afterward got his Li∣berty, by the means of one Mr. Nevil, who was furnished with Mony from the Lords in the Tower for that end. From this Knox he received several Papers, which were Informations against Oates, which he sent to the Tower, and thence they were sent to Mr. Nevil to enlarge upon, and after to the Ld. Castlemain, and then to him again by Mrs. Celier, with an Order to draw up an Affidavit according to those Directions, and get Lane sworn to the same; which he did before Sir James Butler, (it being about Bug∣gery); and then he deliver'd the Papers so en∣larged, to Knox again: Who some time after inform'd the Witness, that he had got Osborne sworn also to the same Informations, and shew'd him the Affidavit, whereof he gave an Account to the Lady Powis; who, understand∣ing his Poverty, order'd him Encouragement, and accordingly he has 40 s. from the Witness, which he believed came from the Tower, as also

that 10 s. a Week allowed for Lane. An In∣dictment was hereupon to have been drawn up against Oates, by the Advice of Mr. Nevil, and this Witness, against this Term.

Then the King's Counsel moved for the read∣ing of these Information. The Justices swore them, and then the Information of Knox was read, which was a relation how Osborne and Lane brought him the Information against Oates, desiring him to assist them in getting them sworn to them.—A Second Paper was offered to be read, but there appearing Scandalous Matter to be in it, reflecting on the King, the Court thought not fit to suffer any more to be read.—And so the Counsel for the Defendants were called upon to speak. Accordingly Mr. VVithens, Mr. Saunders and Mr. Scroggs, endea∣voured to defend their Client Knox, by throw∣ing the Guilt upon Lane and Osborne, as if they had induced him in, and he only acted for them out of Simplicity, and great Innocency; And to this end they produced Lane's Mother and Sister, to shew that Lane and Osborne applied themselves to Knox first. Mr. Holt. and Mr. VVil∣liams were of Counsel for the Defendant Lane, who endeavour'd (in requital) to throw the Guilt upon Knox, as being t•••• Inducer, making it a Battel Royal, where every one has two Enemies to oppose.

But the Case being clear, the Court thought it needless to sum up the Evidences, or the Jury to go away from the Bar; so laying their Heads together, they presently declared them Guilty. At which the People gave a great Shout: and

the Prisoners were taken into the Marshal's Custody.

The Trials of Lionel Anderson, alias Mun∣son. William Russel, alias Napper. Charles Parris, alias Parry. Henry Starkey. James Corker. William Marshal, and Alexander Lumsden, a Scotchman; at the Sessions-house in the Old-Baily, on Saturday Jan. 17, 1679.

THese Prisoners then and there appearing, their Indictment was for High-treason as Romish Priests, upon the Statute of 27 Eliz. cap. 2.

David Joseph Kemish, who was arraigned with them for the same Offence, after he had pleaded, was set aside by reason of Sickness.

Corker and Marshal both pleaded that they had been already tried and acquitted for this Offence: but the Court convinc'd them to the contrary, it being another Fact.

The Jury then sworn were,

• ...John Bradshaw,
• ...Lawrence VVood,
• ...Matthew Bateman,
• ...John Vyner,
• ...Francis Mayo,
• ...Martin James,
• ...Anthony Hall,
• ...Samuel Jewel,
• ...Richard Bealing,
• ...Thomas Hall,
• ...Richard Bromfield,
• ...Samuel Lynne.

To whom the Clerk of the Crown read the Charge against Lionel Anderson (all the rest being set away); and Roger Belwood, Esq opened the Indictment, Sir John Keiling pursued the Charge, and Serjeant Strode (all of Counsel for the King in this Cause) managed the Evidence. And then Mr. Dangerfield swore against him, That when he was a Prisoner in the King's-Bench for Debt, this Anderson shew'd him a Letter from the Lady Powis, which was to desire the Witness to scour his Kettle, which was to confess and re∣ceive the Sacrament to be true to the Cause. The next day accordingly he went into Ander∣son's Chamber to Confession, and received Abso∣lution, and the Sacrament from another, to whom Anderson sent him that was saying Mass at that time. After which returning to Ander∣son again, he told him, that he as a Priest did give him free Toleration to go and be drunk with one Stroude, being for the good of the Cause (he being to bring over this Stroude to be a Witness for the Lords in the Tower, to inva∣lidate Mr. Bedloe's Testimony). Dr. Oates de∣posed, that he was a Priest, a Dominican Friar, that he had heard him say Mass, seen him con∣secrate the Sacrament, been at Confession with him, and seen his Letters of Orders, as a Priest, which he confess'd to him he had from Rome, and that he was an English-Man, and the Son of an English Gentleman.

Mr. Bedloe deposed, That he was a Priest and an Englishman, and Mr. Anderson's Son of Ox∣fordshire, and he was told, that he had heard him say Mass, and seen him administer the Sa∣crament

at some the Embassadors House.

Mr. Prance deposed, That he had heard him say Mass several times at VVild-house, and had seen him there take Confessions, and give the Sacrament, having known him seven Years.

To this Prisoner pleaded, that it had not been proved that he was an English-man, tho his Speech betrayed him, and confess'd his Fa∣ther was a Lincolnshire-Man, and that he had been countenanc'd by the King and his Council, and known to most of the dignify'd Clergy∣men, and if the Parliament had not been dis∣solved, he had been protected by them for his writing against the Temporal Power of Rome, and that he was therefore excommunicated by the Church of Rome, and had not said Mass in any Parish Church this ten Years: And that this Statute was only ad Terrorem, and ought to be taken most strictly in his favour. The Ld. Ch. Justice then gave a short Charge to the Jury concerning him and set him aside. And then the Jury was charged with James Corker as with the other; against whom Dr. Oates de∣posed, that he was Benedictine Monk, and be∣fore 1674, one of the Queen's Priests; that he had heard him several times say Mass in a Monks Habit, at Sommerset-House and the Savoy, and himself had received the Sacrament from him at the Savoy, and had seen his Patent from Rome to be Bishop of London.

Mr. Bedloe deposed, That he had seen him wear the Habit of a Benedictine Monk before the Suppression of the Convent in the Savoy, and

had seen him take Confessions, and Absolve in Somerset-House.

Mr. Prance deposed, That he heard him say Mass once at Mr. Paston's in Duke-street, about two Years ago.

The Prisoner's Defence was only a flat De∣nial, that ever he said Mass either in Somerset-house, or Mr. Paston's. So the Jury was charged with William Marshall as with the other; against whom Dr. Oates also deposed, that he had heard him say Mass several times within the compass of three Years, in a Benedictine Monks Habit, and seen him Absolve, and consecrate the Host, and give the Sacrament at the Savoy.

Mr. Bedloe could only depose, that he saw him once in the Savoy in his Monks Habit, and was told he was going to take Confessions.

Mr. Prance deposed, that at his last Trial he heard Marshall say to Corker, Tho we are Priests, this does not reach us.

Mr. Dugdale deposed, that he also then heard him confess himself a Priest: To this the Prisoner pleaded, that he made no such Confession; or if he did, it ought not to be Evidence against him. That he was almost a Stranger to the Savoy, and Oates was never seen there but once, and was not to be believed now, because the Jury did not convict him upon his Testimony when he was tried before, and that it was now a Prosecution of his former Malice again to ac∣cuse him after he had been disbeliev'd. For all which false Inferences having been rebuked by the Court; the Lord Chief Justice summ'd up the Evidence: And proceeded to William

Russel, alias Napper, with whom the Jury being charg'd as the others, Dr. Oates deposed, that he had heard him say Mass in his Priests Habit, and himself had received the Sacrament from him at Wild-house, and that he was a Franciscan Friar.

Mr. Prance deposed, that he had heard him say Mass twenty times, and seen him give the Sacrament, and hear Confessions at Wild-house.

Sir William Waller depos'd, that when he took him, he found Religious Habits among his Clothes, which he owned to be his.

To all which the Prisoner had little to say more than denying all. Therefore Charles Parris, alias Parry, was charged to the Jury as the rest. And against him Dr. Oates swore that he had heard him say Mass at Wild-house and Mr. Paston's, and consecrate the Host, and give the Sacrament in Priests Habit.

Mr. Prance swore, that he knew him to be a Priest, and had heard him say Mass at the Vene∣tian Ambassadors, and at Mr. Paston's, and that he bought Oil-boxes once of him and brought him a Chalice, and would not suffer him to touch it till himself had first broke it; and that he heard him confess himself to be a Priest.

The Prisoner denied all, and said that he knew not Prance, and that he was a Windsor the time that Oates swore he heard him say Mass, and produced one Lanscroon and Jacob (Painters) who testified to his being there from before Christmas 1677, to All-hallontide 1678; but the time Dr. Oates swore to was November before. He offer'd the Venetian Embassador's

Certificate that he never said Mass in his House, which was refused (the Embassador being gone away) and Monsieur Rivier, one of the Em∣bassador's Servants, testified he never saw him there, but the Court rejected such Testimony. And the Ld. Ch. Justice having summ'd up the Evidence, went out of the Court; and Henry Starkey was next set up, with whom the Jury was charged as with the others. And against him Dr. Oates deposed, that the Prisoner was a Priest, and he heard him once say Mass at Mr. Paston's in the Habit, and saw him conse∣crate the Host, and receive in both kinds.

Mr. Prance depos'd, that he heard him confess himself to one Mr. Duncomb a School-master, that is dead, that he was a Priest, and heard him say Mass at his House, and the Lady So∣merset's, and Mr. Paston's, and had heard him say that he said Mass in the King's Army.

To this the Prisoner pleaded how he had ap∣peared for the King, when he had but 500 Men; that he was an Esquires second Brother, and had spent in the King's Service above 5000 l. which he had got himself, and bled for it before he had it; and that he spent his Annuity of 140 l. a Year for the King, and had lost his Leg for him, and discover'd to him a Plot against his Person, State, and Government, and that he suffer'd to this day for it. But as to his being a Priest he said nothing, but left it to the Proof, which the Ld. Ch. Baron summ'd up. And then the Jury was charged, as before, with Alexander Lumsden, against whom Dr. Oates swore that he had heard him say Mass twenty times at Wild-house,

and had seen him consecrate the Host, and had received the Sacrament from him, and that he was a Dominican Friar, and Procurator General for the Kingdom of Scotland, being a Scotsman.

Mr. Dugdale swore, that he heard him confess himself a Priest, that day he was taken.

Mr. Prance depos'd, he had heard him say Mass twenty times at VVild-house in his Habit, and seen him consecrate the Host.

The Prisoner said he was a Scotsman, born at Aberdeen. The Ld. Ch. Baron summ'd up the Evidence, and the Jury withdrew for about a quarter of an hour, and brought in Anderson, Corker, Marshall, Russel, Parry and Starkey Guilty; and Lumsden guilty of being a Priest, and born at Aberdeen in Scotland. Then the Judges went off the Bench, and the Court proceeded to Judgment; Anderson said he had gone out of England before, but that the King kept him, telling him he had need of his Service, and he had a Protection from the Council-Board. The Recorder promis'd him to acquaint the King with what he said, but that he must now be sentenc'd. Corker said little; Marshall said much to little purpose, urging his Majesty's Declaration for Liberty of Conscience, and that there was no Crime in Priesthood it self. Russel only deny'd what had been deposed against him. Parry said that he was a French-Man, tho of English Pa∣rents. Starkey pleaded his Merits as he did be∣fore. And then Lumsden being set aside, Mr. Re∣corder sentenc'd these six to be drawn, hang'd and quartered.

The Trial of Sir Thomas Gascoyne, Bar At the King's-Bench-Bar at Westmin∣ster, before the Ld. Ch. Justice Scroggs, on Wednesday, Feb. 11. 1679.

THere the Prisoner was arraigned upon an Indictment for High-Treason, for con∣spiring the Death of the King, the Subversion of the Government and the Protestant Religi∣on, on Saturday January 24, 1679. To which he pleaded Not Guilty, desiring a Jury of his own Country-Men, which was promised him; and some Friend to assist him, because he was deaf, being above 85 Years of Age.

On Wednesday Feb. 11, following, the Pri∣soner being brought to his Trial, the Jury sworn after several Challenges, were

• Sir Thomas Hodson,
• Richard Beaumount, Esq
• Stephen Wilks, Esq
• Jervas Rockley, Esq
• Robert Leeke, Esq
• William Batt, Esq
• Charles Best Esq
• John Cross, Esq
• Barton Allett, Esq
• William Milner, Esq
• John Oxley, Esq
• Francis Oxley, Esq

To whom the Indictment being read, Mr. Dor∣mer, Serj. Maynard, and Mr. Attorn. Gen. opened the same.

And then Mr. Bolron being sworn, deposed, that he came to live with Sir T. Gascoyne, in 1674, as Steward of his Cole-works, and in 1675, he being fearful of his Estate, lest it might be liable to be forfeited to the King, he

was a Witness to a collusive Conveyance thereof, and saw him colourably receive 1000 l. of Sir William Ingleby, he and one Matthias Higgringil, helping to count the Money. In 1676 he heard the Prisoner say to one Christopher Metcalf, that he was resolved to send 3000 l. to the Jesuits in London, for the carrying on of the Design; and that he would return it by 300 l. at a time, to prevent Suspicion, by the hands of Richard Phisicke; and about the beginning of (77) he heard the Prisoner say, that he had returned it, and that if it had been a thousand times as much, he would be glad to spend it all in so good a Cause. In (77) that there was a Consult at Barnbow-Hall in Yorkshire (which is the Prisoner's House) where was Sir Miles Stapleton, Charles Ingleby Esq Esquire Gascoyne, the Lady Tempest, Thomas Thwing, Sir VValter Vavasor, Sir Francis Hungate, Mr. Middleton, Robert Killinbeck a Jesu∣it, and VVilliam Rushton a Priest; their discourse was about establishing a Nunnery at Dolebank, in hopes that the Plot of killing the King would take effect; resolving they would venture their Lives and Estates to further it. And the Prisoner concluded to give 90 l. a Year for ever, for the maintenance of this Nunnery. Upon which they all agreed, that after his Death, he should be canonized a Saint. Accordingly the Prisoner did erect a Nunnery at Dolebank near Ripley, where Mrs. Lashalls was Lady Abbess, Mrs. Beckwith and Mrs. Benningfield her Assistants, Ellen Thwing, Eliz. Butch∣er, Mary Root & others were Nuns; here they were to reside till the King was kill'd, and then to re∣move to Heworth near York; and here they did

reside near a Year and an half till the Plot was discovered, and he had seen several Leters from them to the Prisoner—That about March last Esquire Gascoyne and Mr. Middleton got Licences from a Justice of Peace to travel to London, and he heard them tell the Prisoner they designed to fly into France; and accordingly sold off their Goods; the Prisoner approving their Resolu∣tion. —That on May the 30th last, the Priso∣ner bid the Witness go into the Gallery, where one VVilliam Rushton his Confessor came to him, and discours'd him about his having taken the Oath of Allegiance, telling him it was a damna∣ble Sin, he having thereby denied the Power of the Pope to absolve him from it; but that the Pope had Power to depose the King, and had done it, and that it was a meritorious act to kill the King; and if he would undertake to do it, he would assist him, and give him Absolution: quoting that Scripture, Thou shalt bind their Kings in Fetters, and their Princes in Chaines; con∣cluding that the King was deposed, and it was meritorious to kill him, and that unless he would turn Roman Catholick, the Pope would give away his Kingdoms to another.—The same day the Prisoner talked with him in his Cham∣ber, and inquired of him what Rushton had said to him; which he told him; and then taking him by the hand, the Prisoner told him, if he would undertake a design that he and others had to kill the King, he would give him 1000 l. but refusing to be concerned in Blood, he desired him of all Love to Secresy.—That in September 1678. he heard the Prisoner tell his Daughter,

Lady Tempest, that he would send 150 l. to Dole∣banke, in hopes the blow would be given shortly; which she seemed to like; and he heard a Letter read afterwards from Cornwallis that he had re∣ceived it, but it was too little for the carrying on so great a Design. That he was a Protestant when he came first to the Prisoner's Service, and turn'd Papist about VVhitsontide, 1675. and left his Service in good Friendship, July the 1st, 1678. and turn'd Protestant again in June 1679. when he first made this discovery.

Mr. Mowbray deposed that he came to lie with Sir Tho. Gascoyne the beginning of 1674. and used to wait upon him in his Chamber, and to be diligent in attending Mr. Rushton, his Con∣fessor, at the Altar, who therefore permitted him to be present in his Chamber, where he heard him and other Priests discoursing in 1676 of a Design laid for setting up Popery, and how likely it was to succeed, most of the considera∣ble Papists in England having engaged to act for it, and if it could not be done by fair means, force must be used; declaring that London and York must be fired; and that the King in Exile had promised the Jesuits beyond Sea, to esta∣blish their Religion, whenever he was restored, which they now despaired of, and therefore he was adjudged an Heretick, and was to be killed; and Rushton told the other Priests that according to Agreement, he had given the Oath of Secre∣sy and the Sacrament to the Prisoner, and his Son and Daughter, who had engaged to be faithful, active and secret. That about Mi∣chaelmas there was another meeting of these

Priests and others; where they declared, that the King was an Heretick, and that the Pope had excommunicated him, and all other Here∣ticks in England, Scotland and Ireland, and that force was to be made use of. And then did Rushton produce a List of about 4 or 500 Names, of them that were engaged in the Design of kil∣ling the King, and promoting the Catholick Re∣ligion; which Rushton read over, among which were the Names of the Prisoner, Tho. Gascoyne Esq the Lady Tempest, Mr. Vavasor, Sir Francis Hungast, Sir John Savile, the two Townleys, Mr. Sherborn and others; and he knew the Prisoner's Name to be writ by his own hand. They de∣clared also, that the Pope had given Commission to put on the Design with speed; and had given a plenary Indulgence of 10000 Years, for all that should act either in Person or Estate for killing the King, and setting up Popery in England, besides a Pardon and other Gratifications. That the Priests that used thus to visit Rushton, were one Addison, Fincham, Stapleton, Killingbecks, and Thwing the elder.—That about the same time he heard the Prisoner, the Lady Tempest, Sir Miles Stapleton, Dr. Stapleton, and Rushton discoursing the same things, and unanimously conclude, that it was a meritorious Undertaking, and for the good of the Church, wherein they would ven∣ture their Lives and Estates.

Then Sir Thomas Gascoyne's Almanack was pro∣duced, and several short Notes read out of it, which he owned to be writ by himself, viz. The 15th to Peter for a 100 l. to Corker. — Q. of Mr. Corker, what Bills, for how much, and to whom di∣rected,

he hath received of me since July the 21st, 1677. to June 1678. Vid. the Book, p. 45. and the great Book fol. 54. where you may find 8 for 900 l. and agree in this account Corker, the 7th of Au∣gust 1678.—Take Heworth at easy rent of the Widow, and purchase the Reversion of Craddock— and in the interim Dawson.— Mr. Harcourt, next house to the Arch within Lincolns-Inn-Fields, Mr. Parrs.—April the 15th, 1676. Memorand. A∣quaint Mr. Thomas Thwing with the whole De∣sign. Concerning all which the Prisoner gave but a very shuffling account.

Then two Letters from Placid, alias Cornwallis, to Sir Tho. Gascoyne, and found among his Pa∣pers by Bolron, were read. The first was dated from Dolebank, June the 9th, 1678. expressing Thanks for his charitable Favours; and speaking of a Proviso to be inserted into the formal Wri∣ting, viz.

That if England be converted, then the whole 90 l. per annum is to be applied here in Yorkshire, about, or at Heworth, &c. —requesting the formal Writing might be drawn as soon as possible, and without making any material Alteration from what he had al∣ready signed, save only the Proviso above written.

—The other was dated from York-Castle, May the 24th, wherein he acquaints him with his Confinement and others, and how chearful they were, in hopes God would make all Catholicks of one mind; for that he had a Letter from their Superiour at London (who was the same day taken and carried to Prison) where∣in he declares; alledging Authority,

That the pretended Oath of Allegiance cannot be taken,

as it is worded, adding, that three Breves have formerly been sent from the Pope, ex∣presly prohibiting it; and in the third it is de∣clared damnable to take it. And that the day before they had a Letter communicated to them, sent by Mr. Middleton (now at Paris) to his Friends here, containing the Attestation of all the Sorborn Doctors against it; adding, that whosoever here in England give leave, they deceive the People, and are contrary to the whole Church. That there was also a meeting some Years ago, of all the Superiors both Secular and Regular, wherein it was unani∣mously declared that it could not be taken, &c.

Then Mr. Phiswick deposed that he had re∣turned great sums of Money for the Prisoner at London.

To all this the Prisoner in his own defence, called several witnesses against the Credit of the Kings Witnesses, who had deposed this against him.

Mr. Babbington testified that there was, last Spring, some Debates and Differences about Rent and Money that was owing by Bolron to the Prisoner. That he (being the Prisoner's Attor∣ney) laboured and interceded often an Bolron's behalf, but at length not being able to prevail that he should not be sued, Bolron swore that he would then do that which he did not intend to do.

Obadiah Moor said that Bolron got him to be bound with him, telling him he needed not fear any Suits, because if Sir Thomas sued him, he would inform against him for keeping Priests. And that since he discover'd, he desired him to

be kind, and not to harm him, because he had often denied, and sworn it, that Sir Thomas was not concerned in this Plot.

Stephen Thompson said, that he also being bound with Bolron for the Mony, he urged him for Paiment; who on Holy-Thursday told him, that if Sir Thomas did sue him, he would do him an ill turn.

William Blackhouse said, that when he went to fetch Bolron and his Wife to testify what they knew, before a Justice of Peace; that Bolron's Wife said she knew nothing against Sir Tho. Gascoyne; but Bolron said she must go, or he would have her drawn at the Cart's Arse.

— Hamsworth said, he heard Bolron threaten his Wife to tie her to the Horses Tail, if she would not go to swear against the Prisoner, against whom she said she knew nothing.

Nicholas Shippon said that on May the 30th last, Bolron was at his House from two a Clock till an hour after Sun-set; which Bolron denied, saying, he was not there above half an hour, being the rest of the day at Sir Tho. Gascoynes seeing them mark Sheep.

Roger Gresson said, that in August last, Bolron being newly come from London, and he inquiring how Sir. Tho. Gascoyne did (who was then in the Tower) he told him he was well, and may come off well enough, but it would, cost him a great deal of Mony.—And that the King was at Windsor, where one of the privy Council made an attempt to stab him, but the King made his escape, and how they would believe his Infor∣mations the better.

James Barlow appeared to have spoken to a Combination between him and Mowbray to have wrong'd the Prisoner of some Mony; but he being a Person concern'd with the Prisoner in the Plot, was not suffered to speak.

George Dixon, a Cloth-worker in Leeds, said he saw Mowbray and Bolron a drinking in August last, at William Batley's near the Old Church in Leeds, and over-heard them, contriving to swear against the Prisoner and the Lady Tempest; but Mowbray said he knew nothing against Sir Tho∣mas; but that if he knew any thing against the Lady Tempest, he would discover it; for he would hang her if he could.

William Batley testified the same; only they contradicted one another; this Man saying they stood at the head of the Stairs, the other at the foot; one saying they could see them, the other that they could not.

Mrs. Jefferson said, that in August last, she heard Mowbray say that he thought Sir Tho. Gas∣coyne was an honest Man, and wrongfully ac∣cused.

Matthias Higgringil said that in September last Mowbray and Mr. Legat being at an Ale-house, consulting how to disgrace the Prisoner, and take away his Life; Mowbray called him aside, and told him, now he should match them (mean∣ing Sir Tho. Gascoyne and the Lady Tempest) for that they had done what they could to disgrace him (he having been charged with taking away some Silver and Gold) but now he would re∣quite them.

Francis Johnson only said the prisoner had sustained Losses by Bolron, but knew of no Ma∣lice between them.

Mr. Pebles, Clerk of the Peace in the County of York, said he met with Bolron last Assizes at York, and after some discourse Bolron told him he had something against him; and afterwards got a Warrant of the Council against him; for keeping a Man from taking the Oath of Alle∣giance for Mony;— but could never prove it; and that he had an inn same in the Country.—But Bolron said one confessed to the Justice, that he had given Pebles 40 s. but would not swear for what.

Hardwicke spoke only to the Unwillingness of Bolron's Wife to go to swear before a Justice of Peace.

William Clow said he had a Writ against Bolron at the Suit of Higgringil (a Servant to the Pri∣soner) which was served upon him, May the 22d last, and he begg'd he might not go to Goal till Higgringil came, for he would make Sir Thomas pay his Debt for him, or he would play him such a trick as he little dream'd of.

Mr. Hobart then gave some account of the Mo∣ney returned by the Prisoner to London, he having drawn the Receipts for it, which was re∣turned by Mr. Corker for the Prisoners Neece Mrs. Apleby, who was beyond Sea.

Then a Woman witnessed, that Mowbray was suspected of stealing, while he lived with the Prisoner; and proffered her 5. l. to have gone away, intending (as he told her) to have clap∣ped her in Prison, and laid it upon her.

Then the Prisoner having no more Witnesses, and referring himself to the Judgment of the Court; the Kings Counsel endeavoured to vin∣dicate the Credit of their Witnesses; and first Sir John Nicholas (Clerk of the Council) de∣posed that the Prisoner did before the Council say that he had nothing to say to Bolron's Ho∣nesty, till of late that he had not behaved him∣self so well in giving Informations against him. But he did find him now, what he did always take him to be, a Fool: And that he denied at first that he knew Rushton the Priest; and after∣wards the next time he came to the Council, he said he did deny it, because he was afraid of an old Law against harbouring of Priests.

Mrs. Bolron also deposed that her Husband ne∣ver threatned her, if she would not swear against the Prisoner.

Mrs. Bolron sen. (Mr. Bolron's Grandmother) swore the same; and that she heard the Prisoner say Mr. Bolron was an honest true Servant; and he would do any thing he could for him.

Mr. Phiswicke also deposed that he knew no ill by Mr. Bolron, but that he was an honest Man.

After this Serj. Maynard, Mr. Sol. Gen. Mr. Justice Jones, Mr. Justice Dolben, and Mr. Justice Pemberton summ'd up the Evidence (the Ld. Ch. Justice having been some time before gone off the Bench, being to sit at Nisi Prius at Guild-hall) And then the Jury withdrew for about half an hour, and then brought the Prisoner in Not Guilty.