year aforesaid at London c. a Commission to Constitute and Authorise you to be Advocate General of the Army to be Levied in this Kingdom to war against our said Sovereign Lord the King Falsly Traiterously and against the duty of your Allegiance from a certain Person unknown did receive and had and the same Commission then and there falsly advisedly and Traiterously did inspect and read and in your custody keep and to the same Commission Traiterously did give your consent to the intent that you the said Rich. Langhorn should have and Execute the Place and Office of Advocate General of the Army aforesaid after the Army aforesaid should be rais'd against our said Sovereign Lord the King by you the said Richard Langhorn and other false Traitors unknown in Execution of the said Traiterous Compassings Imaginations and Agreements aforesaid And that whereas William Ireland John Grove and Thomas Pickering and other false Traitors of our Sovereign Lord the King unknown on the 24th day of April in the 30th Year aforesaid in the County of Middlesex did Consult to bring and put our said Sovereign Lord the King to Death and final Destruction and to change and alter Religion in this Kingdom of England Rightly and by Law Established to the Superstition of the Church of Rome at London c. had Notice of that Consultation and the same Consultation for the Destruction of the King and for the alteration of Religion in this Kingdom rightly Established to the Superstion of the Church of Rome and the Treasonable Agreements had in that Consultaon on the said 30th day the September in the 30th Year aforesaid from our said Sovereign Lord the King Advisedly and Traiterously did conceal and to that Consultation Traiterously you did consent And the said William Ireland John Grove and Thomas Pickering on the day and Year last aforesaid at London the Treasons aforesaid to perpetrate and perfect Maliciously Subtilly and Traiterously you did Abet Counsel maintain and comfort and that you the said Richard Langhorn afterwards to wit the said 30th day of September in the 30th Year aforesaid at London c. falsly subtilly and Traiterously you did move and solicit the Benedictine Monks unknown to expend and pay the Sum of Six Thousand Pounds to procure a Person Traiterously to Kill and Murder our said Sovereign Lord the King And whereas Edward Coleman and other false Traitors of our said Sovereign Lord the King unknown on the 29th of September in the 30th Year aforesaid in the County of Middlesex Traiterously had conspired and consulted to procure Rebellion and Sedition within this Kingdom of England against our said Sovereign Lord the King and him from his Kingly State and Government of this his Kingdom of England to deprive and disinherit and to bring and put him to final Death and Destruction and the Government of this Kingdom of England to alter and the true Religion in this Kingdom of England by Law Established to alter and change And whereas he the said Edward Coleman had Traiterously written four Letters to Monsieur Le Cheese then Counsellor of the French Kings to procure the aid assistance and adherance of the French King to perfect and accomplish the Traiterous imaginations aforesaid you the said Richard Langhorn afterwards to wit the said 30th day of September in the 30th year aforesaid at London c. well knowing the Treasonable matters in the same Letters contained to the same Letters did consent and then and there falsly subtilly advisedly maliciously and traiterously did abet counsel maintain and comfort the said Edward Coleman to perpetrate and accomplish the Treason aforesaid against the duty of your Allegiance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the form of the Statute in this case made and provided Cl. of Cr. How say'st thou Richard Langhorn art thou guilty of this High-Treason whereof thou standest Indicted or not guilty Langhorn Not Guilty Cl. of Cr. Culprit how wilt thou be tried Langhorn By God and my Countrey Cl. of Cr. God send thee a good deliverance Then the Petty Jury impannelled for this Trial was called the Prisoner put to his Challenges but challenging none the 12 Sworn were these JURY Arthur Yong Edward Beeker Robert Twyford William Yapp John Kirkham Peter Bickering Thomas Barnes Francis Neeve John Hall George Sitwell James Wood and Richard Cawthorne After which Proclamation for information was made in usual manner Cl. of Cr. Richard Langhorn hold up thy hand which he did You of the Jury look upon the Prisoner and hearken to his Cause He stands Indicted in London by the name of Richard Langhorn late of London Esq for that as a false Traitor c. put in the Indictment Mutatis Mutandis and against the form of the Statute in that case made and provided Upon this Indictment he hath been Arraigned and thereunto hath pleaded Not guilty your Charge is to enquire whether he be guilty of the High-Treason whereof he stands indicted or not guilty if you find him guilty then you are to enquire what Goods or Chattels Lands or Tenements he had at the time of the High-Treason committed or at any time since if you find him guilty you shall enquire whether he fled for it if you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him guilty If you find him not guilty nor that he did fly for it say no more and hear your Evidence Then Roger Belwood Esq of Counsel for the King in this Cause open'd the Indictment thus Mr. Belwood May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar Mr. Langhorn stands Indicted of High Treason and it is for Conspiring the Murder of the King and endeavouring an alteration in the Government in Church and State And the Indictment sets forth that the 30th of August in the 30th Year of the King he and other false Traitors did agree to stir up Sedition and Rebellion in the Kingdom and to cause a great slaughter of his Majesties Subjects To introduce the Superstition of the Church of Rome and Depose and Murther the King and to alter the Government in Church and State And 't is there said that to accomplish these Evil Designs he writ Two Letters to be sent to Rome and St. Omers the effect of which Letters was to procure the Assistance of the Pope and the French King to alter the Religion Established by Law in this Kingdom to Romish Superstition to Subvert the Government and to put the King to Death and that in further prosecution of these Traiterous Designs he writ Two other Letters to be sent to Rome to one Christopher Anderton Rector of the English Colledg and a Jesuit and Two others to be sent to St. Omers and in these Letters he took upon him to Advise the way and means by which these Treasons might be effected and that these several
Mr. Langhorne did lift up his Hands and Eyes and pray to God to give them good Success He tells you further That after some Talk with him about bringing in of Popery and destroying of the King he had also Discourse concerning several Commissions that he saw about Seven or Eight of them and that he told him he had more One for my Lord Bellasis to be General and one for himself to be Advocate-General with others but those he sayes he saw and perused them And though he does not know of the delivery of those several Commissions yet he does know of the delivery of one to his Son to be carryed to my Lord of Arundel's eldest Son And he does say That Mr. Langhorn did tell him he had sent it and Swears that he had some discourse with him concerning Killing the King Bedlow he comes and Swears That he was there Twice and that he saw him Transcribe Letters and that the Effect of one of them was That they were prepared with Armes and all things but Money That the Garrisons also were ready to be Delivered up to them but they staid only for this and Six Thousand Pounds would do it which the Benedictines were to raise If that came then there was nothing wanting They had an easy King whom they could destroy as they pleased An Army in Readiness Every thing in Good Posture and no time like this to bring in Popery Which Discourse he sayes was before Mr. Coleman Here is the Effect then of those Letters which by him were written into a Book and in which this Plot and this Contrivance was mentioned These were Transcribed by Mr. Langhorn sayes he while Mr. Coleman and I walked in his Chamber I saw him write them and he Swears it Now the Matter is this If these Two Witnesses do Swear True then is this Indictment of Treason highly Proved For the Contriving To bring in Popery To Levy War and To Kill the KING which when he was Acquainted withall he lift up his Hands and Eyes and begg'd of God to give it good Success and which Bedlow sayes was the Effect of the Letters that he Transcribed into the Book Mr. Langhorn himself will not deny to be High Treason and when this is Sworn here by Two Witnesses he must either Invalidate their Testimony or Acknowledge it Just if you find him Guilty or the Indictment with which he is Charged Now the Question is What Defence there is against it Mr. Langhorn sayes If I can Disprove a Witness in any one material thing that he sayes then will it take off from his Credit in every thing he sayes And first as to Mr. Oats saith he I did know him I must Confess but I never saw him since the year 1677. The Thing that Mr. Oats Charges him with is in April or May 1678 or thereabouts And Mr. Langhorn sayes he never saw him since 77. Why Mr. Oats saith he Was not here in England and produces a great many Witnesses that came from beyond Sea to Testifie that Mr. Oats was there in April and May and longer And whereas Mr. Oats sayes that there came over in his Company with him Sir John Warner Sir Tho. Preston Mr. Pool and others He proves by some Witnesses that Mr. Oats was there both Months and by others that Sir John Warner was at Watton and Sir Tho. Preston at Leige and Pool at St. Omers at the time that Mr. Oats sayes they came over with him And this sayes he I hope will be plain Evidence why you should not believe Mr. Oats and the rather because these Witnesses are such sayes he as that I do not so much as know their Faces and you will not presume that People to whom I am wholly a Stranger should come hither from St. Omers to testify a Lye for me In Answer to this I say 'T is no good Argument for all that for though I believe they are Strangers to him they are not Strangers to the Errand they come about They come to Defend all the Roman-Catholicks whom we would hang here for a Plot and they are sent over for that purpose as far as their Testimony can go How far that is Though they are not upon their Oaths for the Law will not permit it I must say to you in favour of the Prisoner at the Bar as I did to the Jury Yesterday You must not take it therefore as if it were mere Talk and no more nor reject them too much because they do not Swear They would Swear 't is likely if the Law would allow it Only one remark I must observe to you upon their own Evidence The St. Omers Gardiner which is one of them takes upon him to give a very exact Account of Mr. Oats in the Months of April and May but when I came to enquire what he knew of him in the Months of June and July he tells you Those were not the Months in question But on the other side Did not the Principles of their Religion so Teach and make us to know that they will not stick at any Wickedness to propagate it Did not the best and chiefest Doctors of their Church Preach and Print it Did not his Holiness the Pope allow it and never condemn any one Book in the World that hath Asserted the Lawfulness of DEPOSING and KILLING KINGS for separating from their Religion Did not they Teach and Practice all sorts of Equivocations and that a Lye does God good Service if it be for the Propagation of the Faith Were not these Young Boys capable of having this Doctrine instill'd into them and VVere not they bred up in Colledges chiefly to serve that End then Mr. Langhorn had said something Neither are these things Artificially objected against them for the Doctrines of their Church are so False and Penurious so Destructive and so Bloody and the way they take to come off from all Vows Oaths and Sacraments by Dispensations before-hand or Indulgence and Pardons afterwards is a thing still so much worse that they are really unfit for Human Society They should get their Pope if they would not have it thrown into their Dish and have it believed by us I say they should get the Pope of Rome to decry and Anathematize such Doctrines of Deposing and Killing Kings and Discharging Subjects from their Allegiance But that will never be for his Holiness the Pope will keep himself where he is and will part with Nothing that he hath of Advantage over any Look you Gentlemen thus much I cannot omit with a good Conscience to say The Profession the Doctrines and the Discipline of the Church of Rome is such that it does take away a great part of the Faith that should be given to these Witnesses nevertheless we must be fair and should hear them if we could not Answer what they alleadge by Evidence to the contrary Mr. Oats therefore to justify himself hath produced I think Seven or Eight Witnesses that do prove that
Ch. Just Where did you see him then Mr. Clay I saw him at Mr. Howard's my Lord. L. Ch. Just What Howard one of my Lord of Norfolk's Brothers Mr. Clay Yes my Lord. L. Ch. Just What is his Christian Name Mr. Clay His Name is Mr. Charles Howard my Lord. L. Ch. Just Where was it Mr. Clay In his House L. Ch. Just Where was his House Mr. Clay It was part of Arundel House 't is now made a new Street L. Ch. Just Did you speak with him there Mr. Clay Yes we saluted one another and he said Your Servant Sir I am sure saw him there L. Ch. Just How often did you see him in that House Mr. Clay Twice L. Ch. Just In April and May Mr. Clay Yes in April and in the beginning of May. Langhorn I ask you if you do remember any Circumstance of it to bring this to your Memory L. Ch. Just By what Token do you remember it that it was April and May Mr. Clay By this Token that Mr. Charles Howard told me he was one that was come from beyond the Seas from St. Omers and said he he hath some thoughts of being a Jesuite but I thin I shall divert him from that L. Ch. Just How do you know that it was that Month Mr. Clay It was in the latter end of April and beginning of May. Mr. Just Dolben Are you sure it was last year Mr. Clay Yes I am it was in the year 1678. Langhorn Was it at Dinner or no Mr. Clay No no. Langhorn Did he dine there that day Mr. Clay I did not see him at Dinner but I saw him here twice L. Ch. Just Are you a Roman Catholick Mr. Clay Yes I am of the Church of Rome but not of the Court of Rome L. Ch. Just That is no new distinction L. Ch. Just North. No they have the Court of Rome distinct from the Church and particular Favourites of it as other Priâ—â—â—s hâ—ve and there are those that profess themselves of that Religion that won't acknowledge the exorbitant Power that the Pope claims Langhorn Will your Lordship please to ask him whether he does remember that Mr. Oates did at that time play with Mr. Howard's Son and instruct him and talk to him about his Learning and put Questions to him L. Ch. Just Did he talk or put any Questions to Mr. Howard's Son about learning his Book Mr. Clay Not any thing that I heard Langhorn Was Mr. Howard's Son there Mr. Clay No not in the Room as I think I cannot tell certainly my memory is frail Then Mr. Smith was called and sworn L. Ch. Just. How long have you known Dr. Oates Mr. Smith I knew him before the Fire he was my Scholar at the School where I was Usher Mr. Just Pemberton What time did you see him last year Mr. Smith The beginning of May. Mr. Just Pemberton How do you know that Mr. Smith He came to see me and dined with me L. Ch. Just Where Mr. Smith At Islington at my house there L. Ch. Just How long was he with you Mr. Smith Three or four hours L. Ch. Just VVhat time was it Mr. Smith It was as I take it the in Monday in May and I give this reason for my remembrance why it was in May because we dined by the Fire side being a little cold of which we took particular notice L. Ch. Just And you wondered that you should dine by the Fire side in May. Langhorn VVas it on a Monday in May Mr. Smith It was on the first Monday in May to the best of my remembrance L. Ch. Just Was there none of the Family there besides Mr. Smith Yes there was my Wife there L. Ch. Just Why did you not bring her to testifie the same Dr. Oates He cannot find his Wife L. Ch. Just North. How long do you say was he with you Dr. Oates Three or four hours L. Ch. Just What did you talk of Mr. Smith VVe talked about his Travels about his Journey into Spain and to Valledolid and Sallamanca Mr. Just Pemberton VVas he in a Priest's Habit or in another Habit Mr. Smith My Lord he was in a Cinamon-coloured Suit trim'd â—â—â—th green Ribbons Sir Cr. Levins We have done with our Evidence my Lord. L. Ch. Just Now Mr. Langhorn the King's Council have done with their Witnesses Langh Pray call Mr. Charles Howard and his wife L. Ch. Just I do not think Mr. Charles Howard will appear L. Ch. Just North. I believe he does not think it safe to come here we know upon what account But upon calling after a while he did appear and stood up L. Ch. Just Well what have you to say to Mr. Howard Langhorn The Question that I would ask him is this it hath been affirmed here by Mr. Clay that old Centleman that about the end of April or beginning of May last was a Twelve month he did meet Mr. Oates at Mr. Howard's House I would know the truth of it L. Ch. Just Mr. Howard you have heard the Question do you know Mr. Oates Mr. Howard Yes my Lord very well L. Ch. Just How long have you known him Mr. Howard Above two years L. Ch. Just When was he at your house Mr. Howard My Lord he hath been at Arundel house about two years ago and several times since L. Ch. Just Was he there about a year ago Mr. Howard Thereabouts he was L. Ch. Just Do you think he was there about May was Twelve-month Mr. Howard My Lord after July I remember he was there L. Ch. Just Was he there in May Mr. Howard No my Lord not to my Remembrance Langhorn Pray Sir when did your Son dye Mr. Howard The Fifth of May was two year 1677. L. Ch. Just Why how does that appear to be any thing in this case he did not say that Mr. Howara's Son was there Langhorn He said he was in the House but he could not tell whether he was in the Room or no. L. Ch. Just You asked him whether he talked any Lattin or asked him any Questions and he says he cannot tell whether the Son were there in the Room or no. L. Ch. Just. North. He says About two year ago I remember he was at my house and about a year ago which contradicts all your Witnesses Langhorn No he says About two year ago I remember he was there and about a Twelve month ago after July but he cannot remember wether he was here in April and May was a Twelve-month Mr. Howard Mr. Oates was in my Lodging in April 1677 and then my Child was alive and dined together with him and Mr. Clay L. Ch. Just That is two years ago Mr. Howard Yes my Lord two years ago Mr. Oates was there with Mr. Clay but not since L. Ch. Just Call Mr. Clay again to confront him in that Dr. Oates I did not know Mr. Clay two years ago L. Ch. Just You are mistaken I believe for Mr. Clay does pretend that he did but