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A94854 The tryal of Richard Langhorn Esq; counsellor at law, for conspiring the death of the King, subversion of the government, and Protestant religion who upon full evidence was found guilty of high treason, and received sentence accordingly, at the sessions in the Old Bayley, holden for London and Middlesex, on Saturday, being the 14th. of June 1679. / Published by authority. Langhorne, Richard, 1654-1679.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex) 1679 (1679) Wing T2213; ESTC R215250 74,675 63

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unto be Advocate General of the Army to be levied in this Kingd●m to war against our said Soveraign Lord the King falsly traitero●sly and against the d●ty of your All giance from a cortain person●u known did receive and had and the sa● 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 Richard 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 Soveregin Lord the King by you the said Richard Langhorn and other false Traitors unknown in Execution of the said Tratiterous 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 af 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 D●struction 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 Consultation on the said 30th day of September in the 30th Year aforesaid from our said Sovereign Lord the King Advisedly and Traiterously did conceal and to that Consultation Traiterously ●● did consent And the said William Ireland John Grove and Thomas Pickring on the day and Year last aforesaid at London the Treasons aforesaid to perpetrate and perfect malieiously 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 th 30th Year aforesaid at London c. falsly subtilly and Traiterously you did move and s●licit the Benedictine Monks unknown to experd and pay the some of Six Thousand Pounds to precure a person Traiterously to Kill and murder our said Soveraign Lord the King And whereas Edward Coleman and other false Traitors of our said Sovere●gn 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 Soveraign Lord the King his Crown and Dignity and against the form of the Statute in this case made and provided Cl. of Cr. How sayest thou Richard Langhorn art thou guilty of this High-Treason whereof thou standest Indicted or not gullty Langhorn Not Guilty Cl. of Cr. Culprit how wilt thou be tried Langhorn By God and my Country 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 Sworon were thes● JURY Arthur Yong Edward Becker Robert Twyford William Yapp John Kirkham Peter Piokering Thomas Barnes Francis Neeve John Hall George Sitwell James Wood Richard Cawthorne After which Proclamation for information was made in usual manner Cl. of Cr. Rich. Langhorn hold up thy hand which he did You of the Jury look upon the Prisoner hearken to his Cause He stands Indicted in London by the name of Rich. Langhorn late of London Esq for that as a false Traitor c. put in the Indictment Mutatis Mutandis against the form of the Statute in that case made provided Upon this Indictment he hath been Arraigned 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 sinces if you find him not guilty you shall enquire whether he fled for it if you find that he fled for it you are to enquire of his Goods 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 it is for conspiring the Murder of the King 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 other false Traitors did agree to stir up Sedition and Rebellion in the kingdom 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 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 the French King to alter the Religion Established by Law in this Kingdom to Romish Superstition to Subvert the government to put the King to death 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 Colledge a Jesuit Two other to be sent to St. Omers and in these letters he took upon him to advise the way means by which these treasons might be effected that these several letters were sent delivered by him received The indictment further sets forth that in
C. J. In April and May. Mr. Clay Yes in April and in the beginning of May. Langhorn I asked you if you do remember any circumstance of it to bring this to your memory L. C. J. 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 think I shall divert him from that Lord 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 there twice Lord Ch. Just Are you a Roman Catholick Mr. Clay Yes I am of the Church of Rome but not of the Court of Rome Lord Ch. Just That is no new distincton Lord Ch. Just North No they have the Court of Rome distinct from the Church and particular Favourites of it as other Princes have 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 Sor and instruct him and talk to him about his learning and put questions to him Lord Ch. Just Did you ta●k 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 Lord 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. C. J. Where Mr. Smith At Islington at my house there L. C. J. How long was he with you Mr. Smith Three or four hours L. C. J. What time was it Mr. Smith It was as I take it the first 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. C. J. And you wondered that you should dine by the Fire side in May Langhorn Was it on a monday in May Mr. Smith It was on the first monday in May to the best of my remembrance L. C. J. Was there none of the Family there besides Mr. Smith Yes there was my Wife there L. C. J. Why did you not bring her to testifie the same Dr. Oates He cannot find his Wife L. C. J. North How long do you say was he with you Dr. Oates Three or four hours L. C. J. What did you talk of Mr. Smith We talked about his Travels about his journy into Spain and to Valledolid and Sallamanca Mr. Just Pemberton Was he in a Priests Habit or in another Habit Mr. Smith My Lord he was in a Cinnamon-coloured Suit trim'd with green Ribbons Sir Cr. Levins We have done with our Evidence my Lord. L. C. J. Now Mr. Langhorn the Kings Council have done with their Witnesses Langhorn Pray call Mr. Charles Howard and his wife L. C. J. I do not think Mr. Charles Howard will appear L. C. J. North I believe he does not think it safe to come here we know upon what account But upon caling after a while he did appear and stood up L. C. J. 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 Gentleman that about the end of April or beginning of May last was a Twelvemonth he did meet Mr. Oater at Mr. Howards House I would know the truth of it L. C. J. Mr. Howard you have heard the Question do you know Mr. Oates Mr. Howard Yes my Lord very well L. C. J. How long have you known him Mr. Howard Above two years L. C. J. 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. C. J. Was he there about a year ago Mr. Howard thereabouts he was L. C. J. Do you think he was there about May was Twelve-month Mr. Howard My Lord after July I remember he was there L. C. J 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 Fisth of May was two year 1677. L. C. J. Why how does that appear to be any thing in this case he did not say that Mr. Howards 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. C. J. You asked him whether he talked any Latin or asked him any Questions and he says he cannot tell whether the Son were there in the Room or no. L. C. J. North He says About two years 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 whether 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. C. J. That is two years ago Mr. Howard Yes my Lord two years ago Mr. Oates was there with Mr. Clay but not since L. C. J. Call Mr. Clay again to confront him in that Dr. Oates I did not know Mr. Clay two years ago L. C. J. You are mistaken I believe for Mr. Clay does pretend that he did but just begin to know Mr. Oates in April was a Twelve-month and so Oats swear too Mr. Just Pemb. And he says he knows nothing whether you had a Child died or no. L. C. J. When was the time that you first knew Mr. Oates Mr. Clay The latter end of April last year L. C. J. Did you ever know him before that time Mr. Clay I never did L. C. J. Do you remember that ever you dined with him Mr. Clay I do not remember the day exactly and I do not remember that ever I dined with him Mr. J. Pemberton But he is positive that he did not know him but a year ago L. C. J. Do you remember whether Mr. Howards Son was alive Mr. Clay He had a Son
he does know of the delivery of one to his Son to be carried to my Lord Arundels 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 Arms 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 easie 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 says 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 says 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 withal he life up his Hands and Eyes and begg●d of God to give it good Success and which Bedlow says was the Effect of the Letters that he transcribed into the Book Mr. Langhorn himself will not ●●eny to be High Treason and when this is Sworn here by Two Witnesses he must ●●ither invalidate their Testimony or acknowledge it just if you find him Guilty of the indictment with which he is Charged Now the Question is What Defence there is against it Mr. Langhorn says If I can disprove a Witness in any one material thing that he says ●hen will it take off from his Credit in every thing he says And first as to Mr. Oates ●ith he I did know him I must confess but I never saw him since the year 1677. The thing that Mr. Oates charges him with is in April or May 1678 or thereabouts and Mr. Langhorn says he never saw him since 77. Why Mr. Oates saith he was ●● here in England and produces a great many Witnesses that came from beyond Sea to testifie that Mr. Oates was there in April and May and longer And whereas Mr. Oats says that there came over in his Company with him Sir John Warner Sir Tho ●ttston Mr. Poole and others He proves by some Witnesses that Mr Oates was there ●oth months and by others that Sir John Warner was at Watton and Sir Tho Preston ● Leige and Poole at St Omers at the time that Mr. Oats says they came over with him ●nd this says he I hope will be plain Evidence why you should not believe Mr. Oats ●nd the rather because these Witnesses are such says he as that I do not so much as ●ow their Faces and you will not presume that People to whom I am wholly a ●tranger should come hither from St. Omers to testifie a Lye for me In Answer to this I say 'T is no good Argument for all that for though I believe shey are Strangers to him they are not Strangers to the Errand they come about They some 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 ●s Though they are not upon their Oaths for the Law will not permit it I must say ●● you in favour of the Prisoner at the Bar as I did to the Jury Yesterday You must ●ot take it therefore as if it were mere Talk and no more nor reject them too such because they do not swear They would swear 't is likely if the Law would al●●w it Only one remark I must observe to you upon their own Evidence The St. Oats Gardiner which is one of them takes upon him to give a very exact Account ●● mr Oates in the months of April and May but when I came to enquire what the ●new of him in the months of June and July he tells you Those were not the months ● Question But on the other side did not the Principles of their Religion so teach and make ●s to know that they will not stick at any Wickedness to propagate it Did not the be●t and chiefest Doctors of their Church Preach and Print it Did not his Holiness the ●ope allow it and never condemn any one Book in the World that hath Afferted the lawfulness of Depoling and Killing Kings for separating from their Religion Did ●ot 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 shaving this Doctrine inslih'd into them were not they bred up in Colledges chiefly ●●serve that End Then Mr. Langhorn had said something Neither are those things ●rtificially objected against them for the Doctrines of their Church are so False and persitious sordestructive and soo Boody and the way they take to come off from all Vows ●aths 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 g●t their Pope If they would not have it thrown into their Dish and have it beloved by 〈◊〉 ●●ay they should get the Pope of Rome to decry and Anathematize such Doctrine● of Deposing and Killing Kings and D●charging Subjects from their A●leg●ance 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 Pro●ession 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 should hear them if we could not answer what they alleadge by Evidence to the contrary Mr. Oates therefore to justify himself hath produced I think Seven or Eight VVitnesses that do prove that he was here in the latter end of April and beginning of May which does contradict all their Testimony who does say he was abroad all along from December to June and that they saw him every other day 'T is true if we were certain that what these Young-men spake were indeed so as they say it is impossible for Mr. Oates testimony to be believed If I were satisfied that really truly Mr. Oates was not here but was Six Months together there and that he hath invented this Story made this himself I could no longer confide in the Man nor