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positive words of entertaining persons to kill where were the armies? Where were the moibe kias, that ouly such as were hardy despe- neys paid? Where the commissions? Is it poss rate and stout; but as your lordsbip well ob- sible such a thing should be. und 110 sign of it served, that it was an improbable thing that a for a whole year almost? There is no reason man wbo had his wits about him should write brought, amongst them all, but saying and such plain expressions about such a matter; swearing, and that I will stand by. and upon that improbability I leave it to the Whitebread. I thank God I don't look like a Jury.
fighting man, nor ! never did; but who can Justice Pemberton. Have you any thing to think that I should be so niad, when I had say, Mr. Fenwick?
committed such a secret to him, to beat hini as Fenwick. I desire, my Lord, your lordship he says? It is strange that such a plot should and the Jury to consider and observe the nature be discovered whereiu so many persons of quaboth of oor witnesses, and of them that are lity, bonour and reputation, are said to be conbroaght against us. The one speak for the cerned, and yet no footsteps of it appear? and hole time, that they saw him every day, or none of thein, as my lord Arundel, my lord every other day; they daily conversed with him, Bellasis, should never divulge such a plot; I eat and drank with him in the same house; the would fain know whether such a thing be proothers, they say only, they saw him in one par- bable, but I commend myself to God Almighty, ticular day; another another; and one of them and the Jury. says he saw him, but in a disguise. Now, my Harcourt. My Lord, I have only this to say ; lord, whether it be likely that so many innocent I have lived to this age, which is 10 years, and children, brought up in a gond virtuous life, I never knew any man that could say I was acshould come here to forswear themselves, tó cused of the thing in the world, for which I contradict people that we know not what they should be brought before any magistrate; and are; and iben, besides, we know that these it is stiringe that after so many years I should people are of a poor, mean beggarly, condition, come to be arraigned and condemned for a that jotend to mend that condition bv such a crime of the big best nature; and there is no pretence of discovery, aod hope thereby to ad reason brought against me nor any of the rest, varice themselves. It is probable such people for the proof of what is allerged, nor do they, migbt be drawn in. Then also we shall prove who are the witnesses against u“, deserve at all that sir John Warner did not come over with any credit. They only affirm such and such him, sor Mr. Williains nor sir Thomas Preston : things without any reason, to persuade you to Theo all bis witness as to thein is false, and he believe thein, and it is easy to say, and so it is does not say be went back wish these people ; to swear it. So that all I bave to say is this, and thus for the witnesses. Now suppose the since a negative cannot be proved, I hope inwitnesses were all equal; what does he prove nocency will find some that shall defend it. I against us three? Or wha: reason doth be give leave anyself to the Bench, for the law is the deof his evidence? He says he saw such and such fence of innocency. If they did bring any eviletiers from Mr. Whitebread. Now is it pos dence bes des that, wbich is downright positive sible that a man that had no credit at all with | swearing, without any reason or concurrent rea0s, that we should be such fools as to trust him son to confirin it, it were something, with such letters as those, then your lordships Fenwick. And besides all this, to think how must hang us twice, once for fools, and then for these men have lived before time is worth rekoaves. Or is it possible that we should be Bection and considering. As for Bedlow, he such egregious fools that we should trust a hash been a very ill ovan, the world knows it. man that was never esteemed of; was expelled L. C. J. Have you proved it? Can you shew the college? And for all bis talk of Commissions any record of it? and Letters, there is pot one of those found; Just. Pemberton. Turner, have you any thing let him shew any one commission, any money to say? you have had your time. paid, or any order brought him, or any arms Fenwick. You will find that Nemo repente that were found ; there are three quarters of • fit oequissimus,' No man arrives at the highest * year now passed since the first discovery ; degrees of impiety at first : Men grow extreinely certainly all this time could produce something: wicked by degrees. But 'let us see if they can thousands of letters have been taken from us, blame our lives, or any thing that we have done some of those letters would have discovered this at any time before ; we prove, and all the world thing; certainly therefore we have better evi- knows what they have been, and how scandence than he hath, supposing them to be equal dalously they have livert, as to credibility in their original. Is it credible Guvun. Our witnesses are to be regarded for we should be so great rogues to contrive the their number and for their innocency, especially king's death? Tlivugh be speaks of the writing since they give no reason nor convincing argubeing carried from chamber to ctiamber con- ments for what they do affirm.
ruing this matter,' he can never produce ove L. C. J. We would hear you, and we have paper signed by any one man's hand, nor can beard you very long, but it must not be perhe produce any thing to attest his testimony. mitted you to go over the sanie things again and I leave this to your lordship's judgment whether again. this evidence he good; there is nothing appears
L. C. B. Hath Turner any thing to say? in so much time, of any effect that is produced : Turner. All that I have to say, my lord, is this, to ask whether it be reasonable that Bed- said. That is the essence of an oath, and those low and Oates should be looked upon as good are the ceremonies : The kissing the book, and witnesses, that these persons who have been speaking, is the accidental form; the substance such scandalous people should be admitted to is, calling God to witness. Therefore what a an oath, who were debarred from the Sacra- vain thing is it in Mr. Fenwick to seen to ment; for according to the Church of England, triumph, by saying, There is nothing against no man that is publicly scandalous can be ad- us but talking and swearing. There is nothing mitted to the Sacrament.
against them, but evidence and proof of men L. C. J. But you prove nothing.
upon oath. And their reasons, the truth is, are Turner. I can prove it first by evidence of very trifles. They defend their lives as they do ene Hastings.
their religion, with weak arguments, and falla
cious reasons. L. C. J. Call him. (But he appeared not.)
For that long business, that Mr. Gavan hath L. C. J. Gentlemen of the Jury; Here hath undertaken to say against Mr. Oates, and what been a very long evidence, and a very confused they all iusist upon, viz. the number of their one; and you cannot expect, that it should be witnesses, which were sixteen, announts to this, wholly repeated to you : For it is almost iin to disprove Mr. Oates that it could not be true possible for any one to remember it; neither what he says, That he should be present here would I if I could, because a great deal of it is at a consult, the 24th of April
, because they impertinent, and vainly to be repeated : And have brought 16 from St: 'Omers 10 prove, besides, many things liave been said over and That he was there all April and May. over again, to no purpose. But I will observe It is very true now, if that be so, it is imto you, as well as I can, what Testimonies there possible Oates can swear any trụth : but when are against each particular man of them; and ther that is to be believed, or no, is the ques. that I do look upon to be very materia.. And tion. Methinks they did not do well for themI leave it to you, to judge and consider, how selves, when they bid you remember the nafar the evidence is credible, and how far it is lure of the evidence. They did well enough to substantial.
bid you remember the number : For the numAgainst Mr. Whitebread, you bave the Tes-ber is more than what Oates is backed with on tiinony of three, Oates, Dugdale, and Bedlow: the other side; but the nature is of much less Against Mr. Fenwick, you have the Testimony weight: Not only because they are not upon of Oates, Bedlow and Praunce: Against Har their oaths, for by law they may not be upon court, you have Oates, Dugdale, Bedlow, and their oaths (and that must not be charged on Praunce. You have against Gavan, Dugdale them as a defect, seeing they would swear, I and Oates; and against Turner, Dugdale and doubt not, if they might ;) but because their Oates : So that, to be two last, you have two, Testimony is really to be believed much alike three to the two first, and four to Harcourt. without an oath, as with one; because they are
Now, the matter that they have sworn, hath of a religion chat can dispense with oaths, been all tending to one thing; the murder of though false, for the sake of a good cause. the King, the advancing of Popery, and sup- But, seeing they desire the nature of the pression of the Protestant religion : That is the men may be considered, you are to observe, ibing that all the evidence does drive at. that they are proselyies, and young striplings of
For Dugdale, for aught we can perceive, he their church; which does indeed, in one respect hatb been upon the matter a stranger to Oates or other, abuse all ber disciples, and keeps and Bedlow; and I do not find, that he had any them in a blind obedience, to pursue and effect correspondence with, or kuowledge of them, all her commands. at the time he charges Mr. Harcourt and Mr. If the doctrines of that church were better ; Gavan. And he charges them with the very if such which are allowed by their chief authors, self same things, viz. the consulting the death were but less bloody and inhunan ; if they of the king, and advancement of popery. And had ever put those that are so, into an Iudex they have several instances of the facts, as their Expurgatorius, that they unight have been pubseveral corisultations; how they met together, licly disowned, and declared as the particular and where, or at what place. And Dugdale opinions of some ill men, which they did disa. tells you of a letter that he found; wherein vow; these inen might have been then more Whitebread gave charge for the entertainment worthy to be regarded. But when none of of good stout fellows: No matter for gentlemen, their popes have done this (who must bave so they were resolute. And so they have very strange forebeads, if they say they have) several mediums to prove one and the same and such ductrines are still owned, there is thing.
much indeed to be observed from the nature of Mr. Fenwick says to all this, Here is nothing the evidence, the nature of the mets, and their against us, but talking and swearing : But for profession, that, he hath been told (if it were possible for 1 must conless, I believe that they would him to learn) that all Testimony is but talking deny their principles to be bloody or to be de and swearing: For all things, all mens lives fended and allowed by any of their best ay. and fortunes, are determined by an oath ; and thors, if at this time the fear of apparent falsan oath is by talking, by kissing ihe book, and hood did not deter them, but if to murder calling God to witness to the truth of what is kings, or to depose them and absolve their sub
jects from their allegiance, for the advancement watching and catching at what day, wbat hour, of religion, be a thing most impious, and void of and what month? How Mr. Oates reckoned religion, and inakes religion worse than none; false, so and so: if he came here about the 20th which doctrine yet they have owned, and their of April, how could they see him the 1st of councils have owned, and we have proved it May; and they think then, they have got such a upon them, and out of them; I cannot tell mighty victory; but it is not so weighty an arwhat to say to these men, or their testimony; gument with protestants, after all their conceit, the nature of whom they desire to be consi- that is unanswerable, for here is the point, dered.
The matter of time is a thiog that no man can But they were young boys, sent for hither so precisely charge his memory with, as that it on purpose to give this testimony; and it was should be too strictly the measure of your judge not, indeed, a fault in the prisoners at the bar, ments about truth or falshood, by the mistake to send for what evidence they could, for them- of seven or eight days. Examine yourselves, selves : but it is very doubtful and suspicious, how often every day you do mistake things that to have such green and flexible ininds thus em- have been transacted half a year ago, and err ployed; and I must leave it to you, to consider in point of time, taking one week for another, how far these young men, trained in such prin. and one month for another; and though I ciples, may be prevailed on to speak what is must say, it is considerable, yet tou great weight not true.
is not to be laid upon that. And now, if the king's evidence, after this, As for that they insist upon so much, the stood alone, it were yet something, but when coming over of sir l'homas Preston and sir Joho you have Mr. Oates' testimony, as to this great Warner, with Mr. Oates ; it is true, three or inatter of his appeariog in April, confirmed by four witnesses speak as to Sir John Warner, seren or eight witnesses, that speak so ex- and some to sir Thomas Preston ; and they pressly to it, how will they answer it! do they say, they were both beyond sea when Mr. make sir Richard Barker a person of no value? Oates came over, but if the sixteen he not to do they so little esteem the minister, that says I be believed in the first matter and if Mr. Oates knew bim though he was in disguise; aod went does say true, notwithstanding all their eviand said it presently to a woman that he knew dence, that he was here such a time in April was acquaioted with Oates ? and asking her, and May, then I will tell you what inference when she saw Mr. Oates ? and she saying, not may naturally be; to wit, That they cannot a great while ; he said, I saw him later than want a witness to prove what they please : you ; and says, he did know him : and this is for I believe there is none of them all will confirmed still by sir Ricbard Barker, who make any bones of it. tells you, that his men told him that he had I say gentlemen, if you are satisfied in your been there. What should make them to ac- consciences, that the evidence on Mr. Oates quaint their master so, if it were not so ? or do his part, to that point (that is to say, seven wityou think it a thing maliciously prepared or in- nesses ought to prevail with you, to believe be vented to take away the lives of these nien, was here in those months (notwithstanding that his men should tell him a story so long the sixteen witnesses , who say they saw him ago ? if it be not true, to what purpose should every day beyond sea, in April and May), their they tell him so? and if it be true, it con- ocher evidence about his coming over with furus the matter sworn against them.
Preston and Warner will have no great weight : There is he that was his companion, the because the other is the great matter, by which Schoolmaster, that says, in the beginning of they make the substance of their defence. May was twelvemonth, Mr. Oates dined with I am glad indeed to see a gentleman bere, han at his house, sat with him four hours, dis- whose face I never saw before, and that is coursed of his travels into Spain and St. Omers, Mr. Dugdale. Upon my word he hath esca. and there is the man that is a papist, if not a ped well, for I find little said against him, very priest, that swears he saw him iwice, about the little either as to the matter or the manner of middle of April, at Mr. Charles Howard's lodg- his Evidence. They would have made reflecjugs in Arundel House ; so that here are seven tion on him for his poverty, but I hope that witnesses, direct or circumstantial, to prove they, whose religion is to vou poverty, will Ms. Oates to have been in London, in April never insist on that for any great objection and May, 1678.
against any. But say they, This is but talking and swear- L.C. J. North. Your lordship hath forgot ing. Very fine ! And the St. Omers youths is that he said be gave away 3 or 400 pounds to talking but not swearing, Ay! But then their tbem. numbers are not so many. That, gentlemen, L. C. J. But I will challenge all the papists I leave to you, for both cannot be true. The in England, to satisfy any man that hears me Testimony of Mr. Oates and the witnesses this day of one piece of evidence, which will. that he had to back himself withal, and to turn every protestant's heart against the papists. prove himself to be here, is inconsistent with If so be they murdered sir Edmundbury Godo what the young men say, that he was at St. frey, the plot even by that, is in a great meaOmers.
sure proved upon them by that base murder. Now, if you observe, all these mens defence And what can be a plainer proof of it, than the is in the circumstantial part of the evidence, in evidence of this day, which Mr. Dugdale pro
duces? We had notice, saith he, on Moo- have made, they are exceptions in point of day night, that on the Saturday before it, sir time, but do noi affect Mr. Dugdale; for they E. Godfrey was killed ; (which falls out to be have hardly the confidence to deny the things that very Saturday he was first missing;) wlich he says to be true against them. notice was given in a letter writ by Harcourt to They fall foul, indeed, upon Mr. Oates : He Ewers, another priest, that same Saturday night, appears to have been their agent; and whilst wherein were these words, This niglic sir E. so, bad enough: but if he had not had a mind Godfrey is dispatched ;' and I am sure, if this to have become a good man, he would not be true, theu no man can say, but they mure likely have done us that good that he hath dered him.
done, in discovering the design you had enWhitebread. It is no: alledged against any of ynged himn in. Let any man judge, by your us.
principles and practices, what you will not do L.C. J. It is in evidence of the plot in ge for the promoting of the same. neral, and to Harcourt in particular.
For while this gentleman's blood lies upon Harcourt. He never sliews the letter that he you (and some have been executed for it), it says I writ.
inust be yet farther told you, that in what you 'L. C. J. He says that he used to peruse the did do, you have given us a specimen of what letters, and that Ewers had this again, after he you would do. We have a testimony, that for had perused it; be says also he has received at promoting your cause, you would not stick at times, a hundred letters from you, and this the Protestants blood. You began with sir E. among the rest. Now the question is, whether Godfrey, but who knows where you would it be true, or no? To take it out, he produces have made an end ! It was this one man you Mr. Chet wyn, whom I hope you will not deny killed in his person, but in effigy the whole to be a gentleman of one of the best families of nation. It was in one man's bloor your hands his country, and of honest reputation; who says, are embrued; but your souls were dipt in the That on the Tuesday following that Saturday blood of us all
. This was a bandsel only of sir E. Godfrey was missed, he and another what was to follow; and so long as we are were talking together in Staffordshire, and that convinced you killed bin, we cannot but bethe other person asked him, If he knew of the lieve you would also kill the king. We cannot death of any justice of the peace at West but believe you would make all of us away that minster; and when he told hiin, he had heard stand in the way of your religion : a religion of no such thing; No; said he, that is strange, which, according to what it is, you would bring you living sometimes about Westin inster; for, in upin us; by a conversion of us with blood; said he, l'he wench at the aisehouse says, That and by a baptism with fire. God keep our this morning Mr. Dugdale said to two other land from the one, and our city from the gentlemen, there was a justice of peace at other! Westminster killed; and Mr. Dugdale swears, To return : The Letter that is found in Har. that was sir E. Godfrey. Now, if Dugdale be court's papers, does further confirm Mr. Oates fit to be believed, that he saw such a letter, as in all the great and considerable nialters that he must be if he be not a very great propher, he says; that there was a Plot; that that plot to be able to foretel this; or if the maid that was called by the name of a Design, a hich was said this did not invent it (a thing then i'm: to be kept close and secret : and this is an evipossible to be done), or Mr. Chetwyn feigned Mence that cannot lie. For that letter will that he heard the mau make his report from never be got off, no more than the other lever, the naid ; this thing could not come to pass, that Mr. Dugdale speaks of about sir E. Godbut by these inen. Nay, if Mr. Dugdale could frey. not do as great a miracle as any are in the And thus I leare it to you, gentlemen : You Popish Legends, low could he tell, that it was have heard how many witnesses they have had done on the same night when it was done at for thein, about 24 or 25, of one sort or ano. London? or speak of it on the Monday right ther. You have heard what they apply their after, when it was not known in London till testiinony unto, lo convict Mr. Oates of falseche Thursday following? This will stick, I as. hood in inutter of time ; which was their prinsure you, sirs, upon all your party.
cipal defence: that he was not here in April For my own part, this evidence of Mr. Dug. and May, and that he came not over with sir dale's gives me the greatest satisfaction of any Thomas Preston, and sir Jobo Warner, and thing in the world in this matter; and whilst thue Ireland was not here all August. You we rest satisfied in the murder of that man, wave learn what witnesses Oates is bucked and are morally certain you must do it, know. withal, as to the time of his being here : and ing of what principles you are, you cannot the maid says, she saw Ireland here in August, blame us, if, upon such manifest ieasons, we However, though their defence depends but lay it upon you.
upon a point of time. I must tell you, it ought And this is occasional evidence, which I, for to be well considered, frit is indeed rery conmy part, never heard before this day; nor can siderable towards their defence; and God forI be more, or better satisfied, than I am upon bid but we should be equal to all ir.en. this point, viz. tbe testimony that I have re- And so I wave reinem ered, as well as I can, ceived this afternoon, concerning the murder in this long and perplexed Evidence, that which of sir E. Godfrey. As to the defences they seems to me most inaterial, as to their charge or discharge ; and that which they have made Foreman. Guilty, their greatest defence by the youths from St. Cl. of the Cr. What goods or chattels? Omers, to disprove Mr. Oates his being here, Foreman. None, to our knowledge : [And and Mr. Ireland's not being in London in An- so seserally of the rest.] gust, which in truth is not the proper business of this day, but bath received a former verdict
Which verdict being recorded, in usual form, before; for if so be the jury before had not Mr. Recorder spoke to the Jury thus : been satisfied of the truth of that, they could Gentlemen, you of the Jury, There hath never have found Ireland guilty. So I leave it been a long evidence given against the prito you upon the whole matter. I can remember soners at the bar: they were all indicted, arnothing besides. Go together, and consider of raigned, fairly tried, and fully heard for highyour verdict, according to your evidence. treason, depending upon several circumstances.
L.C. J. North. Gentlemen, my lord hath They can none of them pretend to say (and I repeated it so fully to you, that I shall not need take the liberty to take notice of it, for the sato add any thing to it.
tisfaction of them, and all that are here present, Then an officer was sworn to keep the Jury; the prisoners at the bar were either wanting to
and all the world, that not a person among who withdrew; and the judges also went of themselves ta offer, or the court to them to from the bench, leaving Mr. Recorder, and a hear any thing that they could say for theincompetent number of cominissioners there, to take the verdict; and about the space of
selves. But upon a long evidence, a full disquarter of an hour, ihe jury returned, and
an- cussing the objections made against it, and a swered to their names, and gave in their ver- patient hearing of the defence they made, they dict thus:
are found guilty: and I do think, that every
honest man will say, that they are unexcepCl. of the Cr. Gentlemen, are you all agreed tionably found so ; and that it is a just verdict of your verdict?
you have given. Omnes. Yes. Cl. of the Cr. Who shall say for you? And then the Prisoners were carried back to Omnes. Foreman.
Newgate,* and the court adjourned till eight Cl. of the Cr. Thomas White alias White- next morning: when the court proceeded to bread, hold up thy hand. You of the jury, the Trial of Richard Langhorn. look upon the prisoner : How say you? Is he Guilty of the high-treason whereof he stands in- * See the Account of their Sentence and dicted, or Not Guilty?
Execution at the end of the next Case.
252. The Trial of RICHARD LANGHORN, esq. at the Old Bailey, for
High Treason : 31 CHARLES II. A. D. 1679.* UPON Saturday the 14th of June, 1679, at the peace and common tranquillity of this the Sessions-house in the Old-Bailey, London, kingdom to disturb, and the true worship of the Court, according to their adjournment the God within this kingdom used, and by law preceding day, met, and proceeded to the trial established, to overthrow, and sedition and reof Richard Langhorn, esq. in this manner : bellion within this kingdom to stir up and pro
Cl. of the Cr, Set Richard Langhorn to the cure, and the true love, duty and obedience, bar. Richard Langhori), hold up thy hand : which true and faithful subjects of our said (Which be did.) Thou standest indicted in lord the king, towards him, do, and of right London by the name of Richard Langhorn, late ought to bear, to withdraw, relinquish, and exof London, esq.
tinguish; on the 30th day of September, in the “ For that you Richard Langhorn the elder, | 30th year of his majesty's reign, at London, in as a false traitor of the most illustrious, serene, the parish of St. Dunstan's in the West, in the and excellent prince, Charles the second, by ward of Farringdon without, London, aforethe grace of God, king of England, Scotland, said, falsly, maliciously, subtilly, and traitorFrance, and Ireland, defender of the faith, ously, with many other false traitors of our your supreme and natural lord, not having the sovereign lord the king unknown, did purpose, fear of God in your heart, nor weighing the compass, imagine, intend, consult and agree, duty of your allegiance, but being moved and to stir up sedition and rebellion within this seduced by the instigation of the devil, the kingdom of England, against our said sovereign coniial love, and true, due, and natural obe- lord the king, and a miserable slaughter amongst dience, which true and faithful subjects of our the subjects of our said lord the king, of his said sovereign lord the king, towards him do kingdoms of England, to procure and cause, and ought to bear, altogether withdrawing, and and our said sovereign lord the king, from his devising, and with all your strength, intending kingly state, title, power, and government of
bis kingdom of England, totally to deprive, deSee the Trial of Joho Tasborough and pose, and disinherit, and our said sovereign Anne Price in February 1680 infra.
lord the king to death and final destruction to VOL. VII.