I Do appoint Richard Sare to Print the two Tryals of Titus Otes for Perjury And Order That no other Person do presume to Print the same Jeffreys THE TRYALS Convictions Sentence OF TITUS OTES UPON TWO INDICTMENTS For Willful Malicious and Corrupt PERJURY AT THE KINGS-BENCH-BARR at Westminster Before the Right Honourable George Lord Jeffreys Baron of Wem Lord Chief Justice of His Majesties Court of Kings-Bench and the rest of the Judges of that Court. Upon Friday the 8th and Saturday the 9th days of May Anno Domini 1685. And in the First Year of the Reign of our Soveraign Lord King JAMES the II. c. LONDON Printed for R. Sare at Grays-Inn-Gate in Holborn and are to be sold by Randal Taylor 1685. Die veneris oct Maii 1685. in Banco Regis De Term. Pasch Anni Regni Regis Jacobi primi Dominus Rex versus Titus Oates THis day being apointed for the Tryal of one of the Causes between our Soveraign Lord the King and Titus Oates for Perjury the same began between eight and nine in the Morning and proceeded in the manner following First Proclamation was made for Silence then the Defendant was called who appeared in Person being brought up by Rule from the King's Bench Prison where we was in Custody and was advised to look to his Challenges to the Jury that were Impanel'd to try the Cause Oates My Lord I am to manage my own Defence and have a great many Papers and things which I have brought in order to it I pray I may have some Conveniency for the Managing my own Tryal Lord C. Justice Ay Ay let him sit down there within the Bar and let him have Conveniency for his Papers Clerk Crown Cryer swear Sir William Dodson Oates My Lord I except against Sir William Dodson Mr. Att. Gen. What is the Cause of Exception Mr. Oats L. C. J. Why do you challenge him Oates My Lord I humbly conceive in these cases of Criminal Matters the Defendant has Liberty of excepting against any of the Jurors without shewing Cause provided there be a full Jury besides L. C. J. No no that is not so you are mistaken in that Mr. Oates Oates My Lord I am advised so I do not understand the Law my self L. C. J. But we tell you then it cannot be allow'd if Mr. Attorney will consent to wave him well and good Mr. Att. Gen. No my Lord I know no reason for it I cannot consent to any such thing L. C. J. Then if you will not have him sworn you must shew your Cause presently Oates My Lord I cannot assign any Cause L. C. J. Then he must be sworn Cl. Cr. Swear him Cryer Sir William Dodson take the Book you shall well and truly try this Issue between our Soveraign Lord the King and Titus Oates and a true Verdict give according to the Evidence so help you God Cl. Cr. Swear Sir Edmund Wiseman which was done Richard Aley Esq who was sworn Benjamin Scutt Oates My Lord I challenge him L. C. J. For what Cause Oates My Lord he was one of the Grand Jury that found the Bill L. C. J. Was he so that is an exception indeed what say you Mr. Attorney Att. Gen. My Lord I believe he was upon one of the Indictments but I think it was not this L. C. J. But if he were in either of them he cannot be so impartial Mr. Att. Gen. My Lord we will not stand upon it we 'll wave him Cl. Cl. Thomas Fowlis Oates Pray let me see that Gentleman who was shown to him Are you not a Goldsmith in Fleetstreet between the two Temples Fowlis Yes I am Oates Very well Sir I do not except against you only I desire to know whether it were you or not Cl. Cr. Swear him which was done Thomas Blackmore Sworn Peter Pickering Sworn Robert Beddingfield Sworn Thomas Rawlinson Sworn Roger Reeves Sworn Edward Kempe sworn Oates My Lord I challenge him L. C. J. You speak too late he is sworn already Oates My Lord they are so quick I could not speak but he was one of the Grand Jury too L. C. J. We cannot help it now Mr. Att. Gen. I did know that he was so but to shew that we mean nothing but fair we are content to wave him L. C. J. You do very well Mr. Attorney General let him be withdrawn Cl. Cr. Mr. Kempe you may take your case swear Ambrose Isted which was done Henry Collier Sworn Richard Howard Sworn Cl. Cr. Cryer count these Cryer One c. Sir William Dodson Cl. Cr. Richard Howard Cryer Twelve good men and true hearken to the Record and stand together and hear the Evidence The Names of the Twelve sworn were these Jury Sir William Dodson Sir Edmund Wiseman Richard Aley Thomas Fowlis Thomas Blackmore Peter Pickering Robert Beddingfield Thomas Rawlinson Roger Reeves Ambrose Isted Henry Collier and Richard Howard Oates Before the Councel opens the Cause I desire to move one thing to your Lordship L. C. J. What is it you would have Oates My Lord I have three Witnesses that are very material one's to my Defence who are now Prisoners in the King's Bench for whom I moved yesterday that I might have a Rule of Court to bring them up to day but it was objected that they were in Execution and so not to be brought I humbly move your Lordship now that I may have a Habeas Corpus for them to bring them immediately hither L. C. J. We cannot do it Oates Pray Good my Lord they are very material Witnesses for me and I mov'd yesterday for them L. C. J. You did so but we told your Councel then and so we tell you now we cannot do it by Law it will be an escape Oates My Lord I shall want their Testimony L. C. J. Truely we cannot help it the Law will not allow it and you must be satisfied Cl. Cr. Gentlemen you that are sworn of this Jury hearken to the Record by Virtue of an Inquisition taken at Justice Hall in the Old Bayly in the Parish of St. Sepulcher in the Ward of Faringdon without London upon Wednesday the 10th of December in the 36th of the Raign of our late Soveraign Lord Charles the II. by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Before Sir James Smith Knight Mayor of the City of London Sir George Jefferies Knight and Baronet Lord Chief Justice of this Honourable Court Sir Thomas Jones Knight Lord Chief Justice of the Court of Common Pleas William Montague Lord Chief Baron of the Exchequer Sir James Edwards Knight Sir John More Knight Aldermen of the said City Sir Thomas Jenner Knight one of his Majesties Sergeants at Law and Recorder of the same City and others their Companions Justices of Oyer and Terminer by the Oaths of twelve Jurors Honest and Lawful Men of the City of London aforesaid who then and there being sworn and charged to enquire for
I demand an answer to it upon the Oath he has taken L. C. J. And I tell you upon the Oath you have taken you are not bound to answer any such Question Oates Good my Lord let my Questions be answered L. C. J. No Sir they shall not How now do not think to put Irregularities upon us if you will behave your self as you ought to do and keep to that which is proper well and good Oates If your Lordship please I think this very proper for me L. C. J. What to ask such improper Questions as these are Oates Truly my Lord I think they are fit Questions to be asked L. C. J. But we are all of another opinion Oates My Lord I desire to know whether they are not set on by their Superiours to do this L. C. J. That is not a fair Question neither Oates Give me leave to make my defence my Lord I beseech you L. C. J. Ay in Gods name but I pray you then make it in a regular and becoming way for I know of no Priviledge you have more than other People to use Witnesses as you do Oates My Lord I look upon my self as hardly used in the case L. C. J. I care not what you look upon your self to be if you will ask Questions ask none but fair Questions and while you keep within Bounds you shall be heard as well as any of the Kings Subjects but if you will break out into Questions that are impertinent extravagant or ensnaring we must correct you and keep you within proper Limits Oates Then my Lord I ask whether he was not a Witness at the Tryal of the Five Jesuites and at Langhorn's Tryal L. C J. Ay that is a proper Question what say you to 't Sir Mr. Hilsley I was so Sir Oates Pray my Lord ask him what Credit he received at those Tryals L. C. J. What a Question is that to ask any man Oates My Lord I think it is a fair Question L. C. J. No indeed it is not a fair one at all Oates My Lord I desire to know what induces him to come here as a Witness now since it appears that now he comes to give an Evidence that he gave six years ago and was not believed Mr. Hilsley My Lord I am subpoena'd L. C. J. He has given you an answer to the Question though I think it was an idle Question and not at all to the purpose Oates It may be he may have some particular reason to induce him to it now L. C. J. Well he tells you he came because he was subpoena'd and that is sufficient He is not compellable to be a Witness unless he be subpoena'd but if a man will come without a Subpoena and give Evidence in a Cause that is no objection to his testimony Oates My Lord I desire to know of him whether he is to have any Reward for swearing in this Cause L. C. J. What say you Sir are you to have any Reward for your Evidence Mr. Hilsley None at all as I know of my Lord I assure you Mr. Just Withens He is not paid for his Evidence Mr. Oates Oates If he be or be not I cannot tell nor do I know who ever was paid for it L. C. J. Have you any more Questions to ask him Oates Pray my Lord I desire to know what was the occasion of his coming away from St. Omers Mr. Hilsley I had finished my Studies Oates Pray my Lord be pleased to ask him if he never heard of any Consult of the Jesuites here in England in the Month of April 78. and from whom he did hear of it Mr. Hilsley I did hear of it among the rest of the Students of the Colledge L. C. J. What did you hear of Mr. Hilsley I did hear of a Consult of ahe Fathers in April 1678. Mr. Att. Gen. Yes there was but not such an one as Mr. Oates speaks of nor was he at it Mr. J. Holloway For what was that Consult I pray you Mr. Hilsley It was nothing but a Triennial Congregation about the Affairs of the Society L. C. J. What were they to do there Mr. Hilsley My Lord I was informed among them there that it was only what they used to have once in 3 years for ordinary Affairs Oates My Lord he pretends to tell when I came thither I desire to know of him from what time it was he saw me there and how often Mr. Hilsley Generally every day as near as I can remember I think Mr. Oates you and I Mr. Oates went to School in the same place Oates Pray how many days was I absent from thence in that time you were there Mr. Hilsley You were there generally as often as I I do not know whether ever you mist a day or no. Oates Pray my Lord will you ask this Gentleman one question more whether he can particularly tell that he did see me every day at St. Omers For 't is not enough for him to swear that he saw me there but he ought to give an account how he comes to know it by some particular Circumstances L. C. J. He has given you several Circumstances of his Knowledge for he says he was there all the while from your coming till 23d of April New Stile that he came for England he says he was a Scholar in the same Form and Class with you and because he does not remember himself to have been absent he does not remember you to be absent neither Mr. Att. Gen. And he swears particularly to the very time he came over which was April 14th Old Stile Oates Well I have no more Questions to ask this Gentleman L. C. J. Then call another Mr. Soll. Gen. Cryer call Mr. John Dorrel who was sworn L. C. J. Look ye Mr. Attorney you did open things at the first for Methods sake by Periods of time the first was Hilsleys coming over the next was the meeting with Bournaby now pray observe that Method and call that Bournaby next Mr. Att. Gen. My Lord we shall call him by and by but we have not done with this business about Hilsley we have some Witnesses that will give an Evidence to strengthen and back his Testimony Come Mr. Dorrel what have you to say to this matter Mr. Dorrel My Lord in April 1678. I came from Brussels to England where presently after I came I was with one Mr. Osbourn and my Mother and there was a Discourse between my Mother and him about Religion L. C. J. Where was that Mr. Dorrel It was here in England Mr. Att. Gen. Now tell the time when that was Mr. Dorrel As near as I can guess it was 15 or 16 of April Old Stile in the year 1678. Mr. Att. Gen. Well Sir go on with your Story Mr. Dorrel My Mother was laughing at his Religion and telling him some ridiculous Stories and he replyed there are a great many that are so ignorant that are bred up in the Religion of the Church
of England that they are forced to be sent to the Colledges abroad to be taught even some of the Clergy of that Church and particulariz'd in one Sampson Lucy alias Oates that was a Scholar at that time at St. Omers as he was assured by a Gentleman that was newly come from thence My Mother is now sick or else she would have been here and would have testifyed the same I now do Mr. Soll. Gen. This Gentleman is a Protestant Mr. Oates Oates What is your Name Sir I pray Mr. Dorrel My Name is John Dorrel Sir Oates Were you never at St. Omers a Student there Mr. Dorrel I was there but before your time Doctor I had not the happiness to be there while you were there Oates I pray Sir what Religion are you of Mr. Dorrel I am a Papist now Oates I desire my Lord the court would be pleased to take notice of it he owns he was reconciled to the Church of Rome Mr. Dorrel Mr. Oates to satisfie you I went over when I was Child of 12. or 13. years old and so was bread in that perswasion L. C. J. Well well we all observe what he says Mr. Soll. Gen. Pray swear Mr. Osbourn which was done Mr. Att. Gen. My Lord we call'd this Person only to this matter Pray Sir will you give the Court and the Jury an account what Discourse you had with Mr. Hilsley about Oates and pray Sir tell the time when it was Mr. Osbourn My Lord I went out of Town the 30th of April the year before the pretended Plot was discovered by Mr. Oates and I met with Mr. Hilsley two or three days before and enquiring of him about the Affairs of St. Omers he told me of a Minister of the Church of England that was come thither to be a Student there who went under the name of Sampson Lucy but his right Name was Oates I asked him what he pretended to did he intend to be of that order he told me he did believe that he would not be admitted for his Irregular and Childish Behaviour and that he had left him in the Colledge and this I afterwards in Discourse told to Madam Dorrel who is a Protestant and to my Mother who is since dead Mr. Att. Gen. Will Mr. Oates ask this Gentleman any Questions Oates I only ask him what Religion he is of L. C. J. What Religion are you of Sir Mr. Osbourn I am a Roman Catholick my Lord. Mr. Soll. Gen. Now my Lord we come to call Mr. Bournaby Pray swear him which was done Mr. Att. Gen. Mr. Bournaby pray will you acquaint my Lord and the Jury of the time when you came from St. Omers to England and when you met with Mr. Hilsley Mr. Bournaby I met with Hilsley on the 18th of April Old Stile in the year 78. then I pursued my Journey the following day to St. Omers L. C. J. Where did you meet him Mr. Bournaby Between Cittenbourn and Canterbury and afterwards I pursued my Journey from Canterbury to Dover from thence to Callis and from thence to St. Omers I arrived at St. Omers the 21. of April Old Stile which was the first of May New Stile upon the Second of May Mr. Oates was in my Company I was walking in the Garden and he came into my Company L. C. J. When was it Mr. Bournaby The Second of May New Stile and the Third of May again I went into the Garden and there he was with me again and the Fifth of May I saw him again L. C. J. Where Mr. Bournaby In the Rhetorick Form L. C. J. But where in what place Mr. Bournaby At St. Omers L. C. J. You speak of your own Knowledge you are sure you saw him there at those Times Mr. Bournaby Yes in the Rhetorick School and in the Garden Mr. Att. Gen. What more do you know of him Mr. Bournaby I saw him again the 8th of May New Stile that is the 28th of April Old Stile I mean by New Stile that Stile which was used in the Place where I was then Mr. Att. Gen. How long was he there before he went away Mr. Bournaby I know he was there from the Second of May the day after I came thither to the 20th of June and then I went away or thereabouts L. C. J. Did you see him daily all that time Mr. Bournaby Yes from day to day he was not out of the House L. C. J. Were you a Scholar there with him Mr. Bournaby Yes I was L. C. J. What year was that Mr. Bournaby In the year 78. Mr. Att. Gen. Mr. Oates may ask him what Questions he will Oates My Lord he says he went awaw I desire to know whither he did go Mr. Bournaby I went away the 20th of June from St. Omers it is no matter whither I went Oates I desire he may give an account what Religion he is of Mr. Bournaby I am a Roman Catholick Oates My Lord I desire to know whether he be not of that order L. C. J. That I will not ask him I 'le assure you Oates Truly my Lord I think it is a very hard matter for me to have Jesuites admitted as Witnesses in such a cause against me L. C. J. I have told you already you are not to ask any Questions of any Witnesses that may subject them to any Penalty or make them accuse themselves of any Crime Oates My Lord I humbly desire he would give an account whether he were not admitted into the Society L. C. J. I tell you he is not to be ask't that question Oates He has own'd before L. C. J. Do you take your advantage of it if you can prove it Oates Then my Lord I desire to ask him whether or no he did appear as a Witness at the Tryal of the 5 Jesuites Mr. Bournaby No my Lord I did not Oates Pray my Lord ask him whether he was not summon'd to appear then Mr. Bournaby No I was not Oates Pray my Lord ask him what Reward he is to have for coming and giving this Evidence L. C. J. Are you to have any Reward for being a Witness in this Cause Mr. Bournaby None my Lord that I know of L. C. J. That was a proper Question to be asked and you have a fair Answer to it Oates Pray Mr. Bournaby by what name did you go at St. Omers Mr. Bournaby By the Name of Blunt Mr. Att. Gen. And what name did he go by there Mr. Bournaby Who Sir Mr. Att. Gen. Mr. Oates Mr. Bournaby By the Name of Sampson Lucy Oates My Lord I desire you to ask him whether he did know of any consult that was to be held here in London in April 78. and by whom he knew it L. C. J. What say you Sir did you know of any Consult Mr. Bournaby No I neither heard of it nor knew any thing of it Mr. Att. Gen. Now my Lord we shall go on to another Period of time and that is concerning Pool Swear
to be there in April and May 78 Mr. Beeston The latter end of April and the beginning of May I did Mr. Att. Gen. Tell the Court particularly how you remember it Mr. Beeston My Lord I saw him the first of May at St Omers where he played at Nine-pins and I laid a wager upon the same side that he did and lost my money as well as he L. C. J. Do you remember any other time Mr. Beeston I saw him the second of May by the same token that I met him in the Colledge that day when our School exhibited an Action in the Hall and I met him after Supper now in this Action I had both acted and sung and they came and congratulated me for my singing Mr. Oates said if I had paid for learning to sing I had been basely cheated and then in the morning I was chosen Reader in the Sodality the 25th of April or thereabouts for a fortnight and Mr. Oates by his own submission was admitted to Read only with this condition that if ever he were wanting I was to Read again but this I say I never supplied the place therefâ—re I am sure he did continue there all the while and if he had been out I must have been called upon to Read L. C. J. Were you in the Colledge all the time he was there Mr. Beeston Yes my Lord I was L. C. J. Did you miss him at any time Mr. Beestone No I never miss'd him L. C. J. Are you sure he was not away all that time Mr. Beeston I am sure as much as a man can be certain of one that is of the same family with himself nay I am as sure of it as that I was there my self L. C. J. Can you speak any thing particularly of his Reading Mr. Beeston My Lord I was to have Read if he was absent but I was never called upon to Read and therefore I may well conclude he was there all the while L. C. J. He gives a material Evidence Mr. Sol. Gen. Was Mr. Oates such a remarkable man that he must be miss'd Mr. Beeston He was very particular both for Age and that he had a particular Table to Eat at Mr. Sol. Gen. Can you remember any thing else Mr. Beeston I remember too that when Mr. Bournaby came first he was often with him the second third and fourth of May I saw him there with Mr. Bournaby and I took particular notice of the friendship between them which I thought strange between persons that I supposed never saw one another before L. C. J. Have you any Questions to ask this man Mr. Oates Oates My Lord I desire to ask this Gentleman what Religion he is of Mr. Beeston I am a Roman Catholick Oates Pray my Lord be pleased to ask him when he went to St. Omers and when he came away thence and how long he was Resident there Mr. Beeston I know not exactly what year it was I came but I stayed the greatest part of seven years there Oates Pray my Lord ask him what Jesuits went from St. Omers to the Consult of April 78. Mr. Beeston There was some that past by I did not take much notice of them Oates Pray my Lord ask him who it was that informed him of that Consult Mr. Beeston I do not know who particularly I only heard of such a Rumour Mr. Att. Gen. Was it an extraordinary thing Mr. Beeston No It was but an ordinary thing as they used to have once in three years Oates You say you saw me every day there L. C. J. He says he believes he might because you were Reader in his stead and if you had been absent he must have been called upon to Read which he was not he says Oates Very well my Lord I desire you would ask him whether he does not remember such a thing as an eight days Exercise wherein those that perform the Exercise are separated from all company during that time Mr. Beeston Yes my Lord I do remember that he was once in that eight days Exercise and during the eight days I saw him walk in the Garden several times Oates Pray my Lord ask him if he were an Evidence at the Tryal of the Five Jesuits or Langhorn and whether he gave this Evidence long ago Mr. Beeston No I did not I was not there Oates Pray my Lord ask him what Rewards he is to have L. C. J. Are you to have any Reward for your Testimony Mr. Beeston Mr. Beeston No my Lord. Oates My Lord I desire to know of him how he comes to be pickt out among the rest of the Students there to come here and be an Evidence in this Cause Mr. Beeston My Lord I was subpoena'd by His Majesty if I knew any thing of this matter that I should come here and testifie my knowledge Oates Pray by what name did he go by at St. Omers Mr. Beeston By the name of Beeston as I do now Oates And is that his own name Mr. Beeston Yes my Lord. L. C. J. Pray go on Mr. Attorney Mr. Att. Gen. Swear Clement Smith which was done Mr. Sol. Gen. Pray Sir were you at St. Omers in the year 77 and 78 Mr. Smith Yes I was Mr. Sol. Gen. Do you remember Mr. Oates there at that time Mr. Smith Yes I was in the same Class with him Mr. Att. Gen. Pray when came he thither and how long did he stay there Mr. Smith He came a little before Christmas and stayed till June Mr. Att. Gen. Was he not absent at any time all that while Mr. Smith No he was not except one day Mr. Att. Gen. Do you remember Watton's business his going thither in January Mr. Smith He told me of it and that he design'd to ask the Rector leave to go L. C. J. Was he absent any other time till June Mr. Smith No my Lord for I will tell you I every day Dined with him eat a Collation with him in the Afternoon and Breakfast and Supp'd in the same Refectory during all that time except when he or I was in the Infirmary L. C. J. When ever he was absent he was in the Infirmary was he Mr. Smith Yes my Lord. L. C. J. Did not he miss his Breakfast at any time all that while Mr. Smith If he did we us'd to enquire after him Mr. Att. Gen. Pray when were you in the Infirmary Mr. Smith The 21th of April New Style I fell sick and I remained sick till May the 7th and was in the Infirmary and then he visited me almost daily or every other day in the Infirmary and on the 2d of May I saw him and one Mr. Bournaby together and on the day Mr. Poole departed which I take to be the fifth of May Mr. Oates came to me as soon as he was gone out of the House and told me of it and he did the same too that day that Mr. Hilsley went away which was the 24th of April New Style Mr. Att. Gen. Was
any man dealt with as I am or had such Evidence offered to be given against him Here they offer to blacken me with the Imputation of that foul infamous Crime of Perjury and who are the Witnesses to prove it but Youths out of a Seminary Sir George Wakeman and my Lord Castlemain known Papists and perhaps Popish Recusants Convict too as for my Lord Castlemain the Record of his acquital is brought as a Charge against me to prove that I was forsworn and not believed at his Tryal when all the World knows it was because there was but one Witness against him that he came of and that was the Reason that was urged by my Lord C. Justice Soroggs at that very time who would not admit Dangerfield to be a Witness and reflected not at all upon my Testimony but directed the Jury for want of another Witness to acquit him Then my Lord here is Wakeman brought and his acquital too he swears all I said against him was false whereas had it not been for two dishonest persons one I have now in my sight I shall not name any names we could at that time have proved five thousand pound of the money paid to him and that he gave a Receipt for it but my Lord this I am sure of if I had been brought in as a Witness in the Case of those that suffered lately for the Presbyterian Phanatick Plot as they call it I had never been call'd in question if my Evidence had been false but it is apparent the Papists have now a Turn to serve and these Papists are brought in the St. Omers Youths to bear this Testimony on purpose to falsify my Evidence and to bring of the Popish Lords that now stand impeach'd of high Treason for the Popish Conspiracy but my Lord I hope as the Court would never admit indictments of Perjury against the Witnesses in that Case of my Lord Shaftsbury so you will not admit it here and if my L. C. Justice Jones were in the Right who did the same thing in his Circuit I hope I shall have that Right done me here My Lord it is not me they indict but the whole Protestant Interest is aim'd at in this Prosecution and hereby they arraign the whole proceedings of so many Parliaments all the Courts of Justice and the Verdicts of those Juries that convicted the Traytors that were executed for my own part I care not what becomes of me the Truth will one time or another appear L. C. Justice I hope in God it will Oates I do not question it my Lord. L. C. Justice And I hope we are finding it out to day Oates But my Lord since I have not the liberty to argue those things that were most material for my defence against this Indictment I appeal to the Great God of Heaven and Earth the Judge of all and once more in his presence and before all this Auditory I avow my Evidence of the Popish Plot all and every part of it to be nothing but true and will expect from the Almighty God the Vindication of my Integrity and Innocence Mr. Sol. Gen. May it please your Lordship and you Gentlemen of the Jury Oates My Lord I have one thing to move to your Lordship I desire I may be brought up to morrow by Rule of Court to hear my Trial that is then to be L. C. Justice Ay let him be brought up by rule to his Trial. Oates My Lord I lie under very great affliction with the Stone and the Gout and besides that I have lain in Irons these twenty one weeks I beseech your Lordship that this Cruelty may not be inflicted upon me My Lord I am but hitherto a Debtor to the King upon a Civil Account And if I should be convicted upon these Indictments I could then be but in Execution for a Trespass And I humbly conceive and hope the Court will show me that Favour as to acquaint my keeper that I ought not to be so handled L. C. Justice Look you for that I tell you again what I have often said I expect from the Marshal that he keep you as he ought to keep you I have heard that there have been abundance of Attempts made for your escape and therefore the Marshal must have the greater care of you Oates Let any of those Complaints be made out my Lord and I 'll be contented to be used how they will L. C. Justice I repeat it again let the Marshal have a care to keep you in salva et arcta Custodia according to Law Mr. Just Holloway If the Marshal does otherwise than his Duty inform against him and take the Remedy the Law allows Marshal But the last night my Lord Ropes were brought into his Chamber on purpose to give him means to escape and here are the bundle of Ropes Oates I know nothing at all of them I assure you my Lord. L. C. Justice Well you have our Rule Go on Mr. Sollicitor Mr. Soll. General May it please your Lordship and you Gentlemen of the Jury I am of Council for the King in this Cause which is upon an Indictment of Perjury against Titus Oates the Defendant and the Perjury charg'd upon the Defendant is laid to be in his Oath at the Trial of Ireland at the Old Baily and it is thus That he in his Evidence at that Trial did swear that there was a Treasonable Consult of the Jusuits held at the White-Horse-Tavern in the Strand the twenty fourth of April 78. and that he was there present Oates Ay I was there L. C. Justice You must be quiet and let the Council go on without interruption Mr. Soll. Gen. And that they seperated themselves into lesser Companies and Clubs and that the Jesuits came to a resolution to murder the late King and that he the Defendant Oates carried this resolution from Chamber to Chamber and saw it signed by them now all this is laid in his Indictment to be false for that in truth he was not present at any such Consult of the Jesuits at the White-Horse-Tavern in the Strand upon the twenty fourth of April 78. nor did carry any such resolution from Chamber to Chamber to be sign'd as he had sworn in the Old Baily at that Trial and so has committed Wilful and Corrupt Perjury Gentlemen the Evidence that has been given to prove that he was not present at any such Consult nor did carry any such Resolution has been by proving where he was at that very time that he swears this Consult was held that is that he was really at St. Omers in parts beyond the Seas and not in London and to make out this we have produced no less then twenty Winesses that swear positively and give you very many Circumstances to induce you to believe that what they have taken upon them to remember is really and effectually true First you have Mr. Hilsley and he swears that he himself came away from St. Omers the twenty
upon his Oath backt with all the Imprecations of Evil to himself that a man can use That there was not one word of truth in Oates's Testimony nor did he ever see Oates in his life till such time as he was taken up upon his Accusation Now are here two persons of Honour and Quality that upon their Oaths do particularly give you an account as in the presence of Almighty God that Oates has twice forsworn himself against them Gentlemen there is notice to be taken of the Journal of the House of Lords and though it is true for the sake of the Precedent and to secure the Justice of the Nation we did keep them strictly to their proof that it was upon Oath And as to the business of Smith though we do believe the thing in our private judgments yet we thought it not fit to be permitted that persons should upon their own Oathes confess themselves to be guilty of Perjury and afterwards give Evidence against others for such are not to have the countenance of ever being Witnesses again yet by the Records of Parliament and other Evidence there is enough to make the matter aimed at clear For it is clear by his Narrative that Oates did first swear as far as he could well swear to bring him into the displeasure of the People for that was his way to intimidate all he had to do with and thereby force them to comply with his Designes And there was no more plausible Accusation at that time than to accuse a man for saying somewhat against the Parliament or being in a Combination to subvert the Protestant Religion But you see when he comes to have his own turn serv'd then this man upon whom he had fixed such an odious Character is really no Papist at all but engag'd in service for his King and Country and has Mr. Oates's Passport a thing of great advantage to him at that season This the Kings Council make use of with great reason as an Evidence of Tampering for the man has altered his opinion of one he had before accused and now brings him as an honest to give Evidence for him And this say they must be intended to be done by Practice and by Threats And the rather Gentlemen for that you have an account by Witnesses sworn that there was one Clay a Popish Priest that lay in Prison at the Gatebouse and while he was there Oates and Sn William Waller came into the Prison to him and tampering with him says Oates I hear there are some St. Omers Boys that intend to testifie that I was at St. Omers when I say I was at London but you must swear that you din'd with me at Mr. Howards in May 1678 or if you will not you know I know you to be a Priest and I 'll hang you Says Clay Where is my Silver and Gold that was taken away from me And we all know Sir William Waller was wonderful good at the fingering of Gold he us'd to take away broad Pieces as Popish Reliques because of the Crosses upon them Says Clay Give me my Gold again I will swear for you I have been a Rogue before and I may be a Rogue again And accordingly a Contract is made for him to swear directly that Oates and he were together at Mr. Howard's house in May 78. This very Fellow that tells you now the story told it the next morning to another man who has likewise sworn the same Then is Clay conveyed by Oates to the Old-Baily and there swears being thus threatned and suborn'd That in May 1678 he and Mr. Oates dined together at Mr. Howard's house and you have Mr. Howard produc'd who does swear that Glay did swear so but indeed he was not there with Mr. Oates at dinner till July after This Gentlemen is direct Corruption and Subornation and if a man will be a corrupt Knave and endeavour to suborn Witnesses to swear that which is false he is the more likely to swear false himself Besides that you are to take notice here is his own Narrative produced where you have it sworn by himself That he went back to St. Omers about the beginning of May and was there all the month of May and in June till the latter end of it Then all this while either Mr. Oates or his Witnesses are perjur'd in the Case He says he stay'd but three or four days in England after the Consult was over and then went streight back again to St. Omers Which must be the first week in May but if you believe his two Witnesses he din'd with them several times after that and so it is apparent some of them are guilty of gross and foul Perjury Now Centlemen I cannot but resort back to the Objection that I made at first 'T is strange to me that a man that came upon such a designe should go publickly about the streets at noon-day though in a disguise yet he was known But if you take the persons time to be in the year 1677 then it is easily reconciled what they did say of their seeing him in such a disguise and so all their Testimony may stand together and perhaps they may mistake in a point of time though not in the substance of their Evidence and I would out of charity conclude it to be so But I will say if they are to be taken strictly to the year 1678 it is monstrous to imagine that we should have no body brought to let us know where he lodged where he eat with whom he convers'd for all that time Gentlemen I have detained you the longer in this matter because I take it to be of so great weight wherein the Justice and Honour of the Nation are so much engaged and it was therefore fit this Cause should be tryed in the most solemn and publick manner in order to vindicate the Nation from the Reproach and Calumny of Injustice and Oppression And sure I am if you think these Witnesses swear true as I cannot see any colour of objection there does not remain the least doubt but that Oates is the blackest most perjur'd Villain that ever appeared upon the face of the Earth C. Crown Tipstaff you must take care of the Jury L. C. J. Gentlemen if any of you have a mind to drink at the Bar before you go you shall have some got for you Jury No my Lord we do not care for drinking L. C. J. Then we will stay for you Then the Jury withdrew to consider of their Verdict and after about a quarter of an hours stay they return'd and delivered in their Verdict That the Defendant was guilty of the Perjury whereof he was Indicted Which being Recorded the Lord Chief Justice spoke to the Jury to this effect L. C. J. Gentlemen that we are not God be thanked in those times of Disorder and Confusion that we have been heretofore in to have Humming or Hissings to declare the Auditors Approbation or Dislike of Juries Verdicts But because there has been this day mention made of the Opinions of Judges about Verdicts I shall take the liberty to declare my mind to you now That formy part I am satisfied in my Conscience you have given a good and a just Verdict and so I believe is every other Judge upon the Bench. To which the rest of the Judges assented and then the Court arose