| saith 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 1677. Why, Mr. Oates, saith he, was not here in England; and produces a great many witnesses, that came from beyond sea, to testify, that Mr. Qates was there in April and May, and longer. And whereas Mr. Oates says, that there came over in his company with him, sir John Warner, sir Thomas Preston, Mr. Poole, and others; he proves by some witnesses, that Mr. Oates was there both months; and by others, that sir John Warner was at Watton, and sir Thomas Preston at Liege, and Poole at St. Omers, at the time that Mr. Oates says they came over with him: and this, says he, I hope will be plain evidence why you should not be lieve Mr. Oates; and the rather, because these witnesses are such, says 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 lie for me. 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. In answer to this, I say, it is no good argument for all that; for though I believe they are strangers to him, they are not strangers to the errand they came about. They came to defend all the Roman Catholics, 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, it is likely, if the law would allow it. Only one remark I must observe to you upon their own evidence: the St. Omers gardener (which is one of them) takes upon him to give a very exact account of Mr. Oates, 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 practise 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 instilled into them; and, were not they bred up in colleges 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 pernicious, so VOL. VII. 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 alledge, by evidence to the contrary. Mr. Oates, therefore, to justify himself, hath produced, I think, seven or eight witnesses, that do prove that he was here in the latter end of April, and beginning of May, which does contradict all their testimony, who do say, he was abroad all along from December to June, and that they saw him every other day. It is true, if we were certain that what these young men spake, were indeed so as they say, it is impossible for Mr. Oates's testimony to be believed. If I were satisfied, that really and truly Mr. Oates was not here, but was six months together there, and that he hath invented this story, and made this himself; I could no longer confide in the man nor find Mr. Langhorn guilty: yet is not the time really the substance of the thing, though he hath made it so now, because the consult was the 24th of April, at which he was present; and he did go, he says, to Mr. Langhorn, within a day or two after, to acquaint him with the resolution of it. To this end bath Mr. Oates produced seven or eight witnesses that saw him, as they swear. He hath produced a minister, that says he saw him in a disguise, but having known him before recollected him to be the man. He hath produced a woman that agrees with that story; for she says, that he came and talked with her about it, and told her then, that he had seen Mr. Oates the day before, and gives you a token why it was about that time of the year. Now, if this be not a new matter, and new found out, this woman (if she swears true) does justify the other in what he did say a year ago, when they could never imagine that any great weight and moment should be laid upon that ac cident of his seeing Oates in the street. He hath produced to you the coachman of sir Richard Barker, that says, he knew him well when he came to his master's house. There he called him by his name, that asking for Dr. Tongue, but not finding him within, he went 21 t away presently; that he was in disguise; that they acquainted their master with it, as soon as he came home; and their master says, that so they did. And the person that then lived in the house, and now is dead, said to the maid, Yonder is Mr. Oates, I think he is either turned quaker, or priest; what a kind of habit he is got into! No, said the maid, he can't be a quaker, because he wears a periwig; but she says, be named him to her, Oates, and that this is the man, she knew him since. It is the same man that the young man spoke to her about. He hath produced farther one of their own religion, one that is a papist still, and he says he saw him twice at Mr. Charles Howard's in Arundel-House. There was indeed some perplexity they would have put upon it, by reason of Mr. Howard's son being dead a year before; the witness says he did not know the son. A papist he confeses himself expressly to be, if not a priest; and I would not ask him the question, because it is not fair to make him accuse himself: but he does swear expressly, he saw Mr. Oates at Mr. Charles Howard's in April or May, which contradicts all their witnesses. He also produces a schoolmaster, that tells that he dined with him the beginning of May: and I remembered it, says he, very well, for we dined by the fire-side, which gave me occasion to won der at it, in May, and remember it. He says, moreover, that he staid three or four hours with him, and talked of all his travels in Spain. Now must all these people be downright perjured; it can be no mistake but they are all falsly forsworn if there be not truth in it. And when here are seven or eight witnesses positively swearing against the affirmation of so many others, we leave the credit of both sides to you who are the judges of the fact. There is indeed (and I will repeat it for you, for I would not miss any thing, as near as I can, that would make for the prisoner's advantage) there is a proof concerning sir John Warner, and Preston, and Poole, that they were there at the time, and there hath been no answer given to it but I say still, it is the same thing; for if you do not believe those witnesses to speak true, that affirni that Oates was there all the time, but rather believe that he was here by seven or eight people that testify it, I say, if you cannot believe he was there, you will never change your mind for one circumstance. Langhorn. They are not the same wit nesses. L. C. J. It is true, they are not; you have four or five witnesses that speak apart, but two of them do say, that they knew Oates also was there at the same time that they speak that sir John Warner was at home. Langhorn. Not those two of Liege, my lord, about sir Thomas Preston. L. C. J. No, they do not, for I leave it to you of the jury, upon the whole matter; there is little more to be said by me. If so be #redit is to be given to these witnesses of Oates more than to the others, then you must find him guilty, and the rather, because I do a little suspect, they come over instructed, to say what they do. You find they apply themselves to the thing they came for; and not only the gardener but another could tell you (which hath a very great influence upon me; as to their credit) that the months of April and May were the months in question, and they were not to be examined any farther. So that it looks as if these young men were sent of an errand; and though you do not know them, Mr. Langhorn, and are innocent as to any tampering with them, yet I am afraid they are come to serve the Catholic cause, as they call it. For they are very well taught, and they keep to those months of April and May, of all the months in the year. Then they bring the woman of the WhiteHorse-tavern, where the consult of the 24th of April was; and what is the use they would make of her? Why, it is that Mr. Oates should make a story of fifty fathers being in her tavern at one time (but he insists now there was a matter of twenty) when there was not a room in her house that would hold ten: but you hear how she was answered, from testimony rising up in the court of themselves, that were acquainted with her house, and know, that forty people may dine in two of her rooms, and the king's counsel observed well, how chance itself hath put to silence this evidence. So that when matters are alledged to be done at home there is not so great a difficulty as in proving things that are done abroad. I leave it to you, Sirs. Here is a gentleman that stands at the bar, upon his life, on the one hand; but if Mr. Oates says true, all our lives, and liberties, our king, and religion, are at the stake, on the other hand. God defend that innocent blood should be shed, and God defend us also from Popery, and from all popish plots, and from all the bloody principles of papists, which are very cruel, as we know by expe rience; and you cannot blame us to look to ourselves. For I must tell you, the Plot is proved as plain as the day, and that by Oates; and farther, Oates's testimony is confirmed by that which can never be answered. For when he comes at his first testimony, and says, that upon the 24th of April, such a consult was summoned, and held, it falls out, that five days after a letter is found amongst Harcourt's Papers, (a principal person in the design), which does order the meeting upon the 24th of April, being the day after St. George's feast, and gives them a caution that they should not come too soon to town; that they should not appear too much in London, for fear of discovering the design, and of disclosing That, the nature of which requires secrecy.' Plainer than this is hardly to be writ from a Jesuit, especially in so dangerous a matter. And what can be answered to this letter, that is found in a priest's hands, four days after Mr. Oates had given in his information about it? Put all this together, and if you be satisfied herein, you may judge the better, as to the par ticular business of Mr. Langhorn, how far the testimony of Oates and Bedlow affect him. You know what you do. And for Bedlow, it is true, what he says, that there is nothing to be said to his evidence, because no man can prove a negative; and he swears expressly, that he had this discourse with him, of these treasonable matters, killing the king, and altering religion. If this be so, and you are satisfied in that particular, (and that a man may very well be, as to the substance,) I do not see any considerable answer that is given. I say once more, there is the life of a gentleman at stake, and there are all our lives at the stake: Follow you your consciences; do wisely, do honestly, and consider what is to be done. L. C. J. North. With my lord's leave, because there hath been mention made of this letter, which goes much in confirmation of Mr. Oates's testimony; it is in Court, but it hath not been produced at the bar, I desire it may, if your lordship please. Sir Cr. Levina. It is here in Court, my lord, we will give your lordship an account how we came by it. Swear sir Thomas Doleman, Which was done. Sir Cr. Leving. Sir Thomas, did you find the Paper amongst Mr. Harcourt's Papers?, Sir Thomas Doleman. I found this letter among the papers of Mr. Harcourt, that were committed to my search. * L. C. J. When did you find it, Sir? Sir Thomas Doleman. It was some 5 or 6 days after Mr. Oates had given in his information to the king and council. L. C. J. Do you mark it, Gentlemen? After Mr. Oates had told the council of the consult on the 24th of April, is this letter found. L. C. J. North. It is in confirmation of Mr. Oates's testimony. [Then the Letter was read, being the same with that in page 350 in the Trial of Whitebread, Harcourt, &c.]. L. C. J.-This letter is only as to the Plot in general, and not to be applied to Mr. Langhorn in particular. Langhorn. Mr. Oates might very well be able to speak of this meeting of this congregation, as they call it, before this letter was taken, it is easy to believe, because Mr. Oates being at St. Omners, I suppose the like letters of summons might come over to St. Omers, to fetch some of them over hither. L. C. J. You say well; but if you have but the luck to give me an answer to a thing or two, you will have better fortune, and more skill than the priests. It is true, he might, perchance, know of the consult, if he were at St. Omers: But will you tell us what that design was? And what is the meaning of putting those words into the letter, That they should not come too soon to London, nor appear too much about town, for fear of discovering that design, which they knew required secrecy in its own nature? Langhorn. My lord, I will tell you what I take to be the meaning of that letter. The design, was the holding of a congregation: There were divers of them, and it was like the meeting of a dean and chapter in a college, and he bids them not to come too long before the time, for they were certainly in very great danger to be taken. L. C. J. What! at that time? What danger were they in then?` Langhorn. Yes, my lord, the parliament was then sitting. L. C. J. But you know what indulgence there was to all papists at that time, if they would be but quiet. Well, but put it all together, they were to come to London, not too soon, nor to appear too much, because the parliament was What, was that only for Mr. Whitebread, and sitting, for fear of discovering the design. his fellows, to make an officer! Can it be answered by that? Langhorn. Certainly, their holding of a congregation in England does require secrecy. L. C. J. Gentlemen, here is the thing, this there is a Plot, and you may make what reais only an evidence to the Plot in general, that sonable use you think fit of it. It is not a particular evidence against Mr. Langhorn's particular person, only it shews there was a Plot, and you have heard what they say to him in particular about it. And I will tell you one thing more, which if Oates swears true, concerns you very much. He saith, they were a talking of the ten thousand pounds that sir George Wakeman was to have for poisoning the king, when their other attempts had failed, and that he would not take under 15,000l.: You, Mr. Langhorn, was very angry, and said it was a base, covetous thing in him; and it being such a public cause, it would have been no matter if he had done it for nothing. I have repeated as much as I can well remember, without any prejudice to Mr. Langhorn's testimony, And so I leave it with you. who withdrew to consider of their Verdict; and [Then an officer was sworn to keep the jury, the Judges also went off from the Bench. The Lord Chief Justice telling the Auditory, that the day being so far spent, and the commission determining that night, because of the term, sir George Wakeman, and the rest, could not be tried till next sessions. And after a short space the Jury returned, and answering to their names, delivered in their Verdict.] Foreman. None, to our knowledge. alone; for you intended thereby to make way for the destruction of the greatest part of the Cl. of Cr. Hearken to the verdict, as the Court hath recorded it; You say that Richard Lang-kingdom, by a public massacre, by cutting the horn is Guilty of the High-Treason whereof he throats of all Protestants; for that also appears stands indicted: but you say that he had no to be your design to effect which, the nearest goods or chattels, lands or tenements, at the way and the best means you could think of, was time of the High Treason committed, or at any first to kill the king. And this was to be done time since, to your knowledge. And so you say for the introducing of another religion, as you all? call it; which, as we think, we more properly call superstition; and so root out the best reli Omnes. Yes. Recorder. It is a verdict according to thegion that is established among us by law. And * justice of the evidence. (Upon which there was a very great shout.) Then Mr. Recorder sent for the prisoners convicted before, to receive their Judgment; and they were brought to the bar, and the Court proceeded thus: Cl. of Cr. Richard Langhorn, hold up thy hand: Thou standest convicted of High Treason; what canst thou say for thyself, why the Court should not give judgment on thee to die, according to law? Langhorn. I have nothing to say. Cl. of Cr. Thomas White, otherwise Whitebread, hold up thy hand: Thou standest convicted, in Middlesex, of High Treason; what canst thou say for thyself, why the Court should not give judgment on thee to die, according to law? Whitebread. I can say nothing. Cl. of Cr. John Fenwick, hold up thy hand: thou art in the same case with him that went last before thee; what canst thou say, &c.? Fenwick. I have nothing more to say. Cl. of Cr. William Harcourt, hold up thy hand: thou art in the same case with the two that went last before thee; what canst thou Bay, &c.? Harcourt. I have nothing at all to say. Cl. of Cr. John Gavan, hold up thy hand: thou art in the same case with the three that went last before thee; what canst thou say, &c.? Gavan. I have nothing more to say, than I did say. God bless the king and the kingdom. Cl. of Cr. Authony Turner, hold up thy hand thou art in the same case with the four that went last before thee; what canst thou say, &c.? Turner. I have nothing to say. Cl. of Cr. Then, Crier, make proclamation of silence while judgment is given, upon pain of imprisonment. (Which was done on both sides of the Court.) Recorder (sir George Jefferies). You the prisoners at the bar: You have been severally arraigned, and now are severally convicted of High-Treason and that attended with all the ill circumstances that can be possible to aggra vate so high a crime. You attempted the life of the best of kings, who was full of mercy and compassion, even to you, under whom you might still have lived peaceably and quietly, had not your own malice and mischiefs preVented it. Nor were you satisfied with that but I therefore call it the best of religions, even for your sakes; for had it not been for the sake such requitals, as yours seems to teach you, of our religion, that teaches us not to make you had not had that fair formal way of trial, and of being heard, as you now have been; murder would have been returned to you, for the murder you intended to comit, both upon the king, and most of his people. What a strange sort of religion is that, whose doctrine seems to allow them to be the greatest saints in another world, that can be the most impu dent sinners in this! murder, and the blackest of crimes here, are the best means among you, to get a man to be canonized a saint hereafter. Is it not strange that men professed in religion, that use all endeavours to gain proselytes for heaven, should so pervert the scripture (as I perceive some of you have done) and make that justify your impious designs of assassinating kings and murdering their subjects? what can be said to such a sort of people, the very foundation of whose religion is laid in blood? nay, lest you should not be able so easily to persuade them so cleverly to imbibe those bloody principles, you do absolve them from all the obligations that they remain under, of obedience to their sovereign; you do therefore from the pulpits publicly teach, that the oaths of allegiance and supremacy signify nothing. It isa strange religion, that applies every thing to these wicked and detestable purposes. There is one gentleman that stands at the bar, whom I am very sorry to see, with all my heart, in this condition, because of some acquaintance I have had with him heretofore: to see a man who hath understanding in the law, and who hath arrived to so great an eminency in that profession, as that gentleman hath done, should not remember, that it is not only against the rules of all Christianity, but even against the rules of his profession, to attempt any injury against the person of the king. He knows, that it is against all the rules of law, to endeavour to introduce any foreign power into this land. So that you sinned both against your conscience, and your own certain knowledge. But your several crimes have been so fully proved against you, that truly, I think no person that stands by, can be in any doubt of the guilt: nor is there the least room for the most scrupulous man to doubt of the credibility of the witnesses that have been examined against you: and sure I am, you have been fully heard, and stand fairly convicted of those crimes you have been indicted for. I rather mention these things to you, because I know not whether you will think it necessary to have any assistance, (I mean such assistance as by the law of the land is to be allowed to persons in your condition, of any Protestant divines, or of any other Protestants) to prepare you for another world. And though what hath been said proceeds from a layman, to you that are professed in religion, yet I hope it will not be thought amiss, it being intended for your advantage. Let that vast eteraity that you are ere long to enter into, you are now on the brink of it; I say, let that prevail with you to consider, that there is a God in heaven, who will call you to an account for every one of those private consultations, of which we can never come to any certain knowledge. Though you have put all those obligations of secrecy upon your party, which religion could tie them by; though you give them the Sacrament, not only to oblige them to do wicked acts, but to conceal them when they are done; yet remember there is a God in heaven, from whom you cannot keep them secret. All your ties and obligations, all the dispensations that you can give to your inferiors, or your superiors to you, will never dispense with that account you are to give to the great God of heaven. Gentlemen, with great charity to your im mortal souls, I desire you, for the love of God, and in the name of his son Jesus Christ, consider these things; for it will not be long ere you be summoned before another tribunal about them: and great and dreadful is the day of judgment, at which you and all men must appear. you be drawn to the place of execution, upon hurdles; That you be there severally hanged by the neck; That you be cut down alive; That your privy meinbers be cut off; That your bowels be taken out, and burnt in your view; That your heads be severed from your bodies; That your bodies be divided into four quarters, and your quarters to be at the king's dispose. And the God of infinite mercy be merciful to your souls. After which there was a very great acclamation. Whitebread. My lord, since we have not long to live, we desire we may have the benefit of the company of our friends, that they may be permitted to come at us. Recorder. Yea, it is fit they should have the comfort of their friends and relations; and God' forbid, but we should do all we can to make their passage as comfortable as may be. You must keep that decorum that becomes such as are in your condition. You know you are under the public notice of the world, therefore you must use the liberty that is granted to you with that moderation and prudence, that it is fit to use such a privilege' with; for I shall not deny you any lawful favour. Langhorn. Sir, there will be more people come to me than ordinary, in regard of their business, that I have had in my hands; I desire they may have the liberty to come to me. Recorder. I would not deny Mr. Langhorn any thing that I could grant him: if it be any business that any person would have an account of, which you have been concerned in for them, they may be permitted to come to you. Capt. Richardson. There is nobody to be in private with him, to say any thing but what I shall hear? Langhorn. Yes, my lord, I hope my wife and children may. Recorder. Yes, God forbid but he should have his wife and children with him. Langhorn. Or any others, that come about business? Recorder. Yes, captain, with the caution I have given you. And I hope all persons that stand by, will take notice, that it is not the principles of the Protestant religion, to murder any, let it be upon their own heads that profess it, for we abhor these things. And we hope these public testimonies of our religion, and this fair sort of trial, will not only confirm those that are Protestants now, but will prevail upon those whom they have inveigled into their persuasion, to desert such a religion, till such time as they alter their principles, from the bloodiness and inhumanity they are stained with, and which these men have instilled into all their proselytes. And this I thought fit to premise to you in great compassion and charity. And I pray God it may have that effect which I designed; that is, that it may put you in mind of that great immortality that you are to enter upon On Friday, June 20, the five Jesuits were ere long. And thus having given you this hint, drawn u on three hurdles to the place of exeand the law having had its course upon you, cution. In the first hurdle went Thomas Whiteyou have been fairly tried, fully heard, and bread and William Harcourt; in the second, have nothing to say why that judgment should Anthony Turner and John Gavan; and in the not be pronounced, which the law hath design-third, Jo n Fenwick. And being come to the ed against such offenders: I am, therefore, in the name of the Court, to do the duty which the law requires of the Court; and I do, in the name of the Court, pronounce this to be your Sen Then the Court adjourned for London, to Guildhall, the 14th of July, and for London and Middlesex, to the Old Bailey, the 16th of July next. And the Prisoners were carried back to the gaol. place of execution they were all put into one cart. Then Gavan said, If God give us his grace, it is no matter where we die, at the gallows, or elsewhere. The Executioner fastening the halters, Gavan said, I hope you will be civil to dying men. Executioner. I will be civil to you. |