our said Lord the King and the Body of the City aforesaid upon their Oaths present that at the Session of our Soveraign Lord the King holden for the County of Middlesex at Hick's Hall in St. John's Street in the County aforesaid on Monday to wit 16 Deaem in the year of the Raign of our late Soveraign Lord Charles the Second of England Scotland France and Ireland King Defender of the Faith c. the thirtieth before Sir Reginald Forster Baronet Sir Philip Matthews Baronet Sir William Bowls Knight Sir Charles Pitfield Knight Thomas Robinson Humphrey Wyrley Thomas Hariott and William Hempson Esquires Justices of the said Soveraign Lord the King to enquire by the Oath of Honest and Lawful Men of the County of Middlesex aforesaid and by other Ways manners means by which they might better know as well within Liberties as without by whom the Truth of the matter may be better known and enquired of whatsoever Treasons Misprisions of Treasons Insurrections Rebellions Counterfeitings Clippings washings and false makings of the Money of this Kingdom of England and of other Kingdoms and Dominions whatsoever and of whatsoever Murders Felonies Man-slaughters Killings Burglaries and other Articles and Offences in the Letters Pattents of our said Soveraign Lord the King to them or any four or more of them therefore directed specified as also the Accessaries of the same within the County aforesaid as well within Liberties as without by whomsoever howsoever had made done or committed and the said Treasons and other the Premises to hear and determine according to the Law and Custom of this Kingdom of England being assigned by the Oath of Ralph Wain John Vaughan Richard Foster Thomas Paget Robert Newington Henry Tompkins Robert Hays John Greenwood Peter Stimpson Josias Crosley Richard Richman Augustine Bear John King Nathaniel Brett Francis Fisher and Samuel Linn Honest and Lawful Men of the County aforesaid sworn and charged to enquire for our said Soveraign Lord the King and the Body of the County aforesaid upon their Oaths It was presented that Thomas White otherwise Whitebread late of the Parish of St. Giles in the Fields in the County of Middlesex Clerk William Ireland late of the Parish aforesaid in the County aforesaid Clerk John Fenwick late of the Parish aforesaid in the County aforesaid Clerk Thomas Pickering of the Parish aforesaid in the County aforesaid Clerk John Grove of the Parish aforesaid in the County aforesaid Gent. as false Traitors against the most Illustrious Serene and most excellent Prince our said late Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Their Supreme and Natural Lord not having the Fear of God in their Hearts nor weighing the Duty of their Allegiance but being moved and seduced by the Instigation of the Devil The Cordial Love and True and Natural Obedience which faithful Subjects of our said Soveraign Lord the King towards him should and of right ought to bear utterly withdrawing and contriving and with all their Might intending the Peace and Tranquility of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England used and by Law established to subvert and Rebellion within this Kingdom of England to move stir up and procure and the Cordial Love and true and due Obedience which Faithful Subjects of our said Lord the King towards him the said Soveraign Lord the King should and of right ought to bear utterly to withdraw put out and extinguish and our said Soveraign Lord the King to Death and final Destruction to bring and put the four and twentieth day of April in the year of the Reign of our late Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the thirtieth at the Parish of St. Giles in the Fields in the County aforesaid falsly maliciously subtilely advisedly and trayterously did purpose compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter among the Subjects of our said Lord the King to procure and cause and our said late Lord the King from the Regal State Title Power and Government of his Kingdom of Enggland utterly to deprive depose cast down and dis-inherit and him our said late Soveraign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom and the sincere Religion of God rightly by the Laws of the said Kingdom established at their Will and Pleasure to change and alter and the State of this whole Kingom of England throughout all its parts well instituted and ordain'd wholly to subvert and destroy and war against our said late Soveraign Lord the King within this Kingdom of England to levy and those their most wicked Treasons and Traiterous Imaginations and Purposes aforesaid to fullfil and perfect They the aforesaid Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove other false Traytors to the Jurors not known the said four and twentieth day of April in the year of the Reign of our said late Soveraign Lord the King the Thirtieth with Force and Arms c. at the Parish of St. Giles in the Fields in the County of Middlesex aforesaid falsly maliciously subtilely advisedly Devilishly and Traiterously did assemble themselves unite and meet together and then and there falsly maliciously subtilely advisedly devilishly and Trayterously did consult and agree our said late Soveraign Lord the King to Death and final Destruction to bring and put and the Religion within this Kingdom of England rightly and by the Laws of the same Kingdom established to the Superstition of the Romish Church to change and alter and the sooner to fulfil and perfect their said most wicked Treasons and Traiterous Imaginations and purposes they the said Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors of our said late Soveraign Lord the King to the Jurors unknown afterwards to wit the same 24th day of April in the said 30th year of our said late Soverain Lord the King at the said aforesaid Parish of St. Giles in the Fields in the County aforesaid falsly subtilely advisedly devilishly and Trayterously among themselves did conclude and agree that they the aforesaid Thomas Pickering John Grove him the said late Soveraign Lord the King should kill and murder and that they the said Thomas White alias Whitebread William Ireland John Fenwick and other false Traytors to the Jurors unknown A certain number of Masses between them then and there agreed for the Health of the Soul of him the said Thomas Pickering therefore should say Celebrate and perform and therefore should pay unto the said John Grove a certain Sum of Money between them then and there agreed and the Jurors aforesaid upon their Oath aforesaid did
the County of Middlesex aforesaid upon the 24th of April in the Year of our Lord 1678. nor did carry any Resolution to murder our said late Lord the King from Chamber to Chamber by any Persons to be signed and so he the aforesaid Titus Oates on the 17th day of Decemb. in the Thirtieth Year aforesaid at the Justice Hall aforesaid in the Court aforesaid upon the Tryal aforesaid upon the Indictment aforesaid between our said late Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove so as aforesaid had by his own proper act and Consent and of his most wicked Mind falsly voluntarily and corruptly in manner and form aforesaid did commit voluntary and corrupt Perjury to the great Displeasure of Almighty God in manifest contempt of the Laws of this Kingdom of England to the Evil and Pernicious Example of all others in like case offending and against the Peace of our said late Soveraign Lord the Knig his Crown and Dignity Upon this Indictment he has been Arraign'd and thereunto hath pleaded not Guilty and for his Tryal hath put himself upon the Country and His Majestie 's Attorney General likewise which Country are you your Charge is to enquire whether the Defendant be guilty of this Perjury and Offence whereof he is now indicted or whether not guilty If you find him Guilty you are to say to if you find him not guilty you are to say so and no more and hear your Evidence Cryer make Proclamation Oates Hold Sir I beg one Favour of your Lordship to give me leave to have that part of the Record wherein I am said to have sworn such and such things read distinctly in Latine L. C. J. Let it be read in Latin Cl. Cr. Juravit jur ' jurat ' predict ' ad tunc et ibidem jurat ' et impanelat ' ad triena exitum predict inter dict' Dn'um nostrum Regem et prefat ' Will'm Ireland Thomam Pickering et Iohannem Grove in Evidentiis dedit quod fuit proditoria Consultatio Anglicae Consult ' Jesuit ' qui Assemblat ' fuer ' apud quandam Tabernam vocat ' the White Horse Tavern in le Strand Le White Horse Tavern in le Strand in Com' Mid ' predict ' innuendo super vicesimum quartum diem April ' Ann. Dom. milesimo sexcentesimo septuagesimo Octavo ad quam quidere Consultationem Whitebread Fenwick Ireland predict ' Thomam White alias Whitebread Johannem Fenwick et William Ireland innuendo et prefat ' Titus Oates fuer ' present ' et quod Jesuitae predict ' sese separaver ' in seperales minores Conventus quodque Jesuitae predict ' venerunt ad Resolutionem ad murdrand dictum Dn'um Regem et quod ipse idem Titus Oates portavit Resolutionem predict ' a Camera ad Cameram et videbat Resolutionem illam signat ' per ipsos praefat Jesuitas innuendo That is the Perjury that you are said to have sworn Oates Pray go on Sir Ubi revera Cl. Cr. Ubi revera et in predict ' Titus Oates non presens fuit ad aliquam Consultationem Jesuit ' apud le White Horse Tavern predict ' in le Strand in Com' Mid ' predict ' super vicesimum quartum diem Aprilis Anno Domini milesimo sexcentesimo septuagesimo octavo necportavit aliquam Resolutionem ad d'tum d'num Regem murdrand a Camera ad Cameram per aliquas Perfunas fignand ' Mr. Just Withens Now you have read it go on Sir to make your Proclamation Cl. Cr. Cryer make an Ho-yes Cryen Ho-yes If any one can inform our Soveraign Lord the King the Kings Sergeant the Kings Attorney General or this inquest now taken concerning the Perjury and Offence whereof the Defendant Titus Oates stands Indicted let them come forth and they shall be heard for now he stands upon his Discharge Mr. Phipps May it please your Lordship and you Gentlemen of the Jury Oates My Lord I desire your Lordship and the Court would be of Councel for me in one thing which I take to be a Fault and Error in my Indictment L. C. J. Look you Mr. Oates whatever you have to say of that nature you must not speak to it now you will have your time as to that hereafter in case you be Convicted Oates My Lord I have but one small exception to open to you L. C. J. We are now upon the Fact only Oates My Lord I beg you would give me leave only to tell you of a mistake in the Indictment which I hope when I have opened will satisfie your Lordship that it ought not to be put upon me or the Court to try this Cause or to be sure if there should be a Conviction I hope I may move an Arrest of the Judgement L. C. J. So I tell you you may but not now Oates Good my Lord hear me but a few Words the Indictment charges me to have given such and such Evidence that there was such a Consult of the Jesuites at the White-Horse Tavern in the Strand the 24th of April 1678. that the Jesuites did afterwards divide themselves in several lesser Companies that they came there to a resolution to murder the late King and that I swore that I carryed that Resolution from Chamber to Chamber and saw the Resolution signed by them so the Word is Signat ' now the Perjury assigned is that I was not present at that Consult nor did carry the Resolution from Chamber to Chamber to be signed and there the word is Signand ' now I conceive if Signat ' be the word that is used in setting forth the Oath that I made The Assignment of the Perjury ought to follow that form and the Word there ought to be Signat ' too being Signand ' I take that to be an Error L. C. J. Look that is not proper at this time as I told you at first but withal I do not think there is any great matter in what you say Mr. Att. Gen. Either I do not understand Mr. Oates what he means by the Objection or he will find himself much mistaken in it L. C. J. Well well we have nothing to do with that now go on with the Cause Mr. Phipps May it please your Lordship and you Gentlemen of the Jury this is an Indictment against Titus Oates for Perjury which Indictment sets forth that Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove the Sixteenth of Dec. in the Thirtieth year of the late King at the Old Baily were indicted of High Treason for conspiring the Death of the King and that Ireland Pickering and Grove were tryed the 17th of Decemb. in that year and upon that Indictment Titus Oates was produced as a Witness on the behalf of the King against the said Ireland Pickering and Grove being sworn to give Evidence to the Jury that were Impanelled and sworn to try that Cause he did swear and give in evidence that there
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
Gen. Did you observe him to be in the Hall or at the Exercises Mr. Doddington Yes I saw him several times Mr. Sol. Gen. Do you remember the time Mr. Hilsley went away Mr. Doddington Yes it was a little after Easter and I do remember that two or three days after I went into the Infirmary and saw Mr. Oates there and had discourses with him Mr. Att. Gen. Do you remember Mr. Bournaby's coming to St. Omers and when was it Mr. Doddington Yes the first of May Mr. Bournaby came to St. Omers and the next day I saw Oates with him and for ten or twelve daies successively they were in one anothers company and then of a sudden the Correspondence broke off but I know not upon what account L. C. J. Was he Reader there as you remember Mr. Doddington I do remember he did Read in the Sodality L. C. J. When was that Mr. Doddington I remember he Read at Shrovetide Oates Did you hear me Read there Mr. Doddington Yes that I did Sir Oates Were you of the Sodality Mr. Doddington Yes I was Sir Mr. Att. Gen. Do you remember the time when he came away from St. Omers Mr. Doddington It was about Midsummer my Lord. Mr. Att. Gen. Were you out of the Colledge your self at any time when he was there Mr. Doddington No I was not L C. J. Come I will ask you a plain Question Was he so long at any time out of the Colledge as to come to London and stay here two or three daies and come back again Mr. Doddington My Lord he was so Remarkable by his Stories and Ridiculous Actions and falling out with every one of the Colledge that if he had been absent we must needs have missed him L. C. J. Did you miss him at any time Mr. Doddington My Lord I never miss'd him but one day L. C. J. When was that Mr. Doddington They said he was gone to Watton L. C. J. What time was that Mr. Doddington In January about six weeks after he came first Oates Pray my Lord ask him what Religion he is of Mr. Doddington I am a Roman Catholick Oats And a Scholar of St. Omers L. C. J. Make your Remarks by and by Oates Pray my Lord ask him what Name he went by at St. Omers Mr. Doddington By the Name of Hollis my Lord. Oates Pray my Lord ask him how long he was Resident there Mr. Doddington Near upon five years Oates Pray my Lord ask him the occasion of his coming over at first Mr. Doddington I had business in England and I had a mind to see my Friends Oates Pray my Lord ask him whether he did not pretend at the five Jesuits Tryal that he came over upon the King's Proclamation to call home those that were in the Seminaries L. C. J. Were you at the Tryal of the five Jesuits Mr. Doddington Yes I was but if I came over upon the King's Proclamation what hurt is there in that L. C. J. None at all as I know of Oates Pray my Lord ask him whether he did return again to St. Omers or no. Mr. Doddington My Lord I pass'd by St. Omers once but I never stay'd a day in the Colledge since Oates Pray my Lord be pleased to ask him whether he ever heard of a Consult of the Jesuits in April 78. Mr. Doddington I did hear of a Congregation Oates Call it a Consult or a Congregation it is all one L. C. J. He says he did hear of it Oats Ask him by whom he did hear of it Mr. Doddington I saw the Provincial when he came back from England Oates Who was that Provincial what was his Name Mr. Doddington Mr. Whitebread Oates Was not Mr. Whitebread a Resident sometimes at St. Omers Mr. Doddington Yes a while he was Oates Pray was not that House under his Government Mr. Doddington My Lord I can give no account of that but it is generally under the Government of the Rector of St. Omers Mr. Hanseys Pray Sir give me leave to ask you one Question Mr. Oates speaks of Mr. Whitebread Pray how did Mr. Whitebread use Oates when he came back from England Mr. Doddington I heard say he did check him very severely for his many miscarriages L. C. J. He heard it he says but he does not know it of his own knowledge that is no Evidence Mr. Sol. Gen. Pray swear Mr. William Gerrard which was done Mr. Att. Gen. Were you at St. Omers Mr. Gerrard in the years 77. and 78 Mr. Gerrard Yes I was Mr. Att. Gen. Did you know Mr. Oates there Mr. Gerrard Where is he Sir Mr. Att. Gen. There he is in that corner do you know him Mr. Gerrard Yes Mr. Att. Gen. When came he to St. Omers Mr. Gerrard He came to St. Omers in the year of our Lord 77. and he went away in June 78. Mr. Att. Gen. Was he there all the time Mr. Gerrard I never remembred to have miss'd him but only once when he went to Watton for a night Mr. Att. Gen. By what Tokens do you remember him at any time there in April or May Mr. Gerrard The second of May we had a Play and he was there then and I remember the 26th of May he was confirmed and so was I it being St. Augustin's day and in the Refectory he had a Table by himself and I used alwaies at meal-times to pass by that Table and make a Bow to the Fathers above before I sate down at Table and I do not remember that ever he was absent and if he had I should surely have miss'd him L. C. J. When was St. Augustin's day that you say you and he were confirm'd Mr. Gerrard It was the 26th of May. Mr. Att. Gen. Do you remember him in April there Mr. Gerrard I cannot tell any particular circumstance in April but I do not remember to have miss'd him at all in April Mr. Sol. Gen. But you saw him there the second of May you say Mr. Gerrard Yes I did so and the 26th of May. Oates The 26th of May Old Style I was there my Lord. L. C. J. Ay but he says the 26th of May New Style Oates I was not there then my Lord. L. C. J. He swears you were Mr. Sol. Gen. Pray between the second and 27th of May New Style was he absent from St. Omers at any time Mr. Gerrard I never remember to have miss'd him at all in that time Mr. Att. Gen. Do you remember Mr. Pool's and Mr. Hilsley's going away Mr. Gerrard I do remember Mr. Hilsley's and Mr. Pool's going away but I cannot speak particularly and exactly what time that was L. C. J. Is it usual to have Scholars go away without being miss'd Mr. Gerrard No my Lord and he had a particular place by himself Oates Pray ask him my Lord how he came to know that I went away in June Mr. Gerrard We miss'd him in his place then and 't was discoursed of all over the Town that when the Provincial
was a Treasonable Consult of the Jesuites at the White Horse Tavern in the Strand meaning the White Horse Tavern in the Strand in the County of Middlesex the 24th of April 1678 at which Consult Whitebread Fenwick and Ireland and the said Titus Oates were present and that they separated themselves into several lesser Clubs and came to a resolution to murder the King and that he the said Titus Oates carryed the said Resolution from Chamber to Chamber to be signed by them meaning the Jesuites whereas in Truth and in Fact he the said Titus Oates was not present at any such Consult the Four and Twentieth of April 1678. nor carryed any such Resolution from Chamber to Chamber to be signed and he the said Titus Oates the Seventeenth day of December in the Thirtieth year aforesaid at the Old Baily aforesaid upon the Tryal aforesaid on the Indictment abovesaid between the King and the said Ireland Pickering and Grove so as aforesaid had by his own proper Act and Consent of his most wicked Mind falsly voluntarily and corruptly in manner and form aforesaid did commit Wilful and Corrupt Perjury and this is laid to be to the Dishonour of God in contempt of the Law to the Evil Example of others in the like case offending against the Kings Peace Crown and Dignity to this he has pleaded not Guilty and that is the Issue that you are to try if we prove him Guilty we question not but you will find him so Mr. Att. Gen. May it please your Lordship and you Gentlemen that are sworn I am of Council in this Cause for the King and our Case stands thus the Defendant stands indicted for corrupt and wilful Perjury for what he swore at the Tryal of Ireland and that which he swore was this in order to convict the Prisoner then at the Bar of the High Treason they were accused of Oates did swear that upon the 24th of April 1678. there was a consult of Jesuites held at the White Horse Tavern in the Strand where Ireland and several other Jesuites were present and their business was to consult how they might murder and destroy the King and subvert the Government and there they came to a Resolution that Pickering and Groves should kill the King and he was present at the debate and he carryed the Resolution from Chamber to Chamber where they had separated themselves in lesser Numbers and there he saw the Resolution signed and this is the matter that he swore upon which this Indictment is founded And Gentlemen we do charge that this was a false Oath and in a point expressly to the matter then in controversie before that Court for we shall prove he was beyond Sea at that time and on that day and in order to his Conviction we shall make out by clear Evidence to you as full and plain as ever was given that from Christmas before which was in December 1677. till Midsummer after which was the latter end of June 1678. Oates that swears this Consult in April was at St. Omers and in all that time was not absent from the Colledge there above 24 Hours and that but once only which was in January when he played Truant and went to Watton which is about two Miles from St. Omers but otherwise he was all along in the Colledge And my Lord that we may give such a satisfactary Evidence as may make it undeniably plain to the Jury I desire your Lordship and you Gentlemen of the Jury would please to observe some particular Periods of time that I shall open for the better clearing our Evidence Methodically and the first Period of time is from Mr. Hilsley's leaving St. Omers now he left St. Omers the fourteenth of April Old stile which is the 24th of April New stile and then when he came away he left Oates there at St. Omers Mr. Hilsley when he came into England in Kent in his Journey to London meets one Mr. Burnaby this was I say in Mr. Hilsleys Return to England from St. Omers which he left ten days before the time assignned by Oates for this Consult at the White Horse Tavern in the Strand and the next Period is Mr. Burnaby wa going to St. Omers and there he arrives in time the 21. of April old stile and there he sfinds Mr. Oates who swore he was then in London and by the evidence you will hear that Mr. Oates according to his usual custome and according to that Virtue he is endowed with very boldly insinuates himself into this Gentlemans Company as he uses to do with all new Comers and you will hear from Mr. Burnaby himself and many others that from the time of his coming to St. Omers which was the 21. of April he convers'd with Mr. Oates several days every day till after the 24th of April old stile at St. Omers Then my Lord another Period of time that I would desire you to observe is from Mr. Pool's coming from St. Omers which was in time the 25th of April old stile the very day after the day that this Consult was sworn to be on and when he came from St. Omers you will hear from many Witnesses that he left Oates there and there he stayed For my Lord we shall besides these particular times of these Gentlemens coming over who left him there prove the very day when he left St. Omers and that was the end of Midsummer day following which was the 23d of June then was the time when Oates came first from St. Omers to England and we shall prove he took his leave of them then My Lord we have many other Circumstances that will unanswerably strengthen this Evidence and show that our Witnesses testifie nothing but the Truth one particularly is this this Gentleman being a Novice of the House was Reader in the Sodality as they call it we shall prove that for every Sunday and Holy-Day throughout all April and May he did officiate in that place and did read to the Society according as the Custom there is and we shall prove another particular thing that upon this 24th of April he was in the Colledge by a particular circumstance and that by several Witnesses so that Gentlemen not to detain you with any long opening of the matter if we prove this that I have opened as we shall with a Cloud of Witnesses it will make an end of the Question We shall first call our Witnesses to prove that he swore at that Tryal that such a Consult was and he was at it and then if we prove that he was at another place beyond Sea at such distance that it is impossible for him to be here I do not doubt but the Court and the Jury will conclude he hath willfully and corruptly forswore himself the said effects of which we are all witnesses of it was to take away the Lives of his fellow Subjects wrongfully and it will appear to the World he has been one of the greatest Impostors
and the three and twentieth of April New Stile I saw the Prisoner at St. Omers and went to School with him and on the four and twentieth I came from St. Omers and went to Callis and from thence into England but he was never in my Company all the while I was coming for England though he swore he came over with me L. C. J. The three and twentieth of April you say you saw him Mr. Hilsley Yes I was with him that was the day before I came from St. Omers L. C. J. You left him there the day before you came away you say Mr. Hilsley I did not see him that morning that I came away but here are others that did Mr. Att. Gen. Was he a Scholar there Mr. Hilsley Yes my Lord he was Mr. Att. Gen. Did you know him very well Mr. Hilsley Yes my Lord I did Mr. Att. Gen. Did he come over into England with you Mr. Hilsley My Lord I came from St. Omers to Callis and never saw him from Callis to Dover I never saw him from Dover to London I never saw him all the way and I am confident he was not in the same Ship I came over in for I should have seen him if he had Mr. Att. Gen. Was he for some time before that constantly at St. Omers Mr. Hilsley Yes we went perpetually to School together L. C. J. What time did you take shipping after you went from St. Omers Mr. Hilsley The very next day the day I went from St. Omers was on the Sunday morning on Monday I took shipping from Callis to Dover and I arrived at England at ten of the Clock the same Night Oates When does he say he arrived in England L. C. J. He says he went from St. Omers on the Sunday he came that Night to Callis and the next day went on Board from Callis and came that Night to Dover that was Monday night Mr. Hilsley Yes I came that Night to Dover and I lay there that Monday Night the next day was the 26th of April New Stile Mr. Att. Gen. Where come you then from thence Mr. Hilsley I came as far as Bockton Street and there I lay 4 or 5 days and then I came to Cittenbourn and by long Sea from thence to London Mr. Att. Gen. Where did you meet Mr. Burnaby Mr. Hilsley I met him hard by there at a Relations of mine Mr. Att. Gen. Do you remember what day you met him Mr. Hilsley I think it was a day or two before I came away from thence to London Mr. Just Withens Had you any Discourse with Mr. Oates about your coming into England Mr. Hilsley Nothing at all Sir Francis that I remember L. C. J. What time did you come to London Mr. Hilsley I came within a few days to London I stayed 4 or 5 days there by the way and I saw Mr. Burnaby within 4 days I think after I came into England It was about Monday seven-night after I came from St. Omers that I came to London Mr. Att. Gen. That was May New Stile Mr. Hilsley That is their Stile It was so Mr. Soll. Gen. In our Stile it was the 21. of April Mr. Hanseys Pray did you give an account to any Body after you came to London that you left Oates at St. Omers when you came away Mr. Hilsley What say you Mr. Hanseys I did not well understand your Question L. C. J. Then mind me Sir It was asked of you whether you had any discourse with any Body after you came hither that you had left Mr. Oates behind you at St. Omers Mr. Hilsley I did tell some Persons I left an English Parson there at the same time I came away L. C. J. Did you not name him who it was Mr. Hilsley Yes I named him by the Name he went by there and that was Sampson Lucy Mr. Att. Gen. To whom did you tell it Mr. Hilsley To one Mr. Osbourn Mr. Soll. Gen. Did he go by that Name of Sampson Lucy in the Colledge Mr. Hilsley Yes he did sometimes he had three or four Names he was called sometimes Titus Ambrosius Oates Now my Lord I desire I may ask that Gentleman a Question or two L. C. J. Ay if they have done with him Mr. Att. Gen. We have my Lord. L. C. J. Then ask him what you will Oates I desire my Lord that you would be pleased to ask that Gentleman what Religion he is of for it is a fair Question and an equitable one And that which very nearly concerns me and I desire to know where he lives L. C. J. What Religion are you of Sir Mr. Hilsley I am a Roman Catholick L. C. J. Where do you live Mr. Hilsley I live in London I am of the Inner Temple L. C. J. He says that he is a Roman Catholick and lives in London Oates Pray be pleased my Lord to ask him when he went to St. Omers first and how long he stayed there Mr. Hilsley My Lord I was there about six years I presume it was about the year 1672. when I went there first Oates Pray ask him what he did there what was his business Mr. Att. Gen. That is not a pertinent Question at all with submission my Lord. Oates I beseech you Mr. Attorney give me leave to ask my own Questions L. C. J. Ay but you must ask fair and pertinent Questions Oates My Lord I would know what was his employment there at St. Omers Mr. Hilsley I know not my self of any particular employment I had any more than any of the rest that were there L. C. J. But Mr. Oates you must not ask any such Questions what know I but by asking him the Question you may make him obnoxious to some Penalty you must not ask him any Questions to ensnare him Oates My Lord it tends very much to my Defence to have that Question truly answered L. C. J. But if it tends to your Defence never so much you must not subject him to a Penalty by your Questions Oates The nature of my Defence requires an answer to that Question L. C. J. But shall you make a man liable to punishment by ensnaring Questions if a man should ask you what Religion you are of Oates My Lord I will tell you by and by my reason and I hope a good one why I ask it L. C. J. I do not believe you can have any Reason but to be sure we must not suffer any such entangling Questions to be asked Oates Pray ask him my Lord when I came to St. Omers L. C. J. When did Oates come to St. Omers Mr. Hilsley As well as I remember he came to St. Omers either the latter end of November or the beginning of December in the year 1677. I think it was that year Oates I defire you would ask him whether they were not Priests and Jesuites that govern'd that House L. C. J. What a Question is that I tell you 't is not fit to be asked Oates
about a place to see the Play Mr. Jenes Did you see him the 23d of April Old Style that is the third of May New Style which was the day after your Play that you remember Mr. Thornton I do not remember that I did see him that day by any particular circumstance though I believe I did Mr. Jones Do you remember when Mr. Poole came away from St. Omers Mr. Thornton Yes I do Mr. Jones When was that Mr. Thornton The 5th of May New Style Mr. Jones Was Oates at St. Omers at that time Mr. Thornton Yes he was there then I am sure Mr. Att. Gen. Was not he Reader there in the Colledge Mr. Thornton He was Reader in the Sodality and to my knowledge he did not miss once from the 24th of April New Style to the 24th of May New Style from being there and reading in the Sodality L. C. J. What did he use to read Mr. Thornton Some Spiritual Book or piece of Divinity or the like as it was usual to have read every Sunday and Holidy L. C. J. And that is one reason why you conclude he was there all that while because every Sunday and Holiday he was to read and did read Mr. Thornton Yes my Lord. Oates Pray my Lord be pleased to ask this Gentleman what Religion he is of Mr. Thornton A Roman Catholick Oates Where does he live L. C. J. Where do you live Mr. Thornton Mr. Thornton I am a Northumberland man that 's my Country Oates Mr. Lord I desire to know of him when he did come from St. Omers Mr. Thornton I came from St. Omers my Lord about two years after that Oates went away from thence Oates Pray my Lord be pleased to ask him who it was that was Rector or Governour of that House or Colledge Mr. Thornton It was one Mr. Richard Ashby Oates Pray my Lord be pleased to ask him what School he was in there Mr. Thornton I was in Sintaxe my Lord. Oates Then my Lord I would ask him another question and that is this whether he was not a Witness in behalf of the five Jesuits and Mr. Langhorn Mr. Thornton No I was not my Lord. Oates My Lord I desire to know if he can tell the occasion of Mr. Hilsley coming away from St. Omers Mr. Thornton It never concerned me at all and I never enquired into it Oates Then my Lord I would ask him this question why he is so precise as to his Remembrance of what was done in April and May when he does not give any account of any other time nor did the other Witnesses L. C. J. Yes but they do they give you a particular account from the time of your coming thither which was about Christmas some say the latter end of November or the beginning of December they are not positive to any particular time but thereabouts and so from that time all along till June Oates I beg your Lordships pardon I did not hear that he said any such thing L. C. J. If you will I 'll ask him that question again for your satisfaction Oates If you please my Lord. L. C. J. Then mind what is said Do you remember that Oates was there in March before and in February before Mr. Thornton Yes I particularly remember in March before he did read a Ridiculous Book in the Sodality and he was remarkable in the House by twenty Ridiculous passages Oates I do acknowledge I did in March read a pleasant Book called The Contempt of the Clergy L. C. J. By whose Order did he read that Book in the Sodality Mr. Thornton I do not know whether it was by his own election that he was Reader there or by the Command of the Prefect of the Studies that has the Care of the Students and appoints them their Business Oates Pray my Lord be pleased to ask him how long he was Resident at St. Omers Mr. Thornton I was there seven years L. C. J. You said he was there in June till Midsummer Eve Mr. Thornton Yes he was so Oates I own that I was there in June but that was after I returned from England L. C. J. When do you say he left the Colledge first Mr. Thornton He never left the Colledge from the time of his coming thither first till Midsummer Eve only one time that he was at Watton and that was but a day or two at most which is not a League out of Town L. C. J. Do you remember him there about Christmas time Mr. Thornton Yes my Lord very well L. C. J. When was it he went to Watton Mr. Thornton About the latter end of January as I do remember and in February above Shrovetide I remember him particularly to be there L. C. J. Now Mr. Oates you see he speaks to other times besides April and May and he brings upon my word very notable circumstances Oates He says he went to School with me there I think my Lord. Mr. Thornton No I say he was in the same Colledge L. C. J. But not in the same Classis for it seems you were in the Rhetorick Form and he in the Syntax Mr. Thornton My Lord he went there by reason of his Age and upon no other account he might have gone elsewhere with us who were of a lower Form for any great store of Learning he had L. C. J. You hear him I suppose Mr. Oates he gives no great commendation of your Scholarship Oates That is nothing to this question but pray my Lord be pleased to ask him whether he did not hear of a Consult of the Jesuits held here in England in April 78. L. C. J. What say you Sir Did you hear of any such Consult Mr. Thornton Yes my Lord I did hear of a Triennial Congregation such as used to be held by them but that did not belong to me to enquire into it Oates My Lord I desire to know of whom he did hear it L. C. J. How do you know there was such a Consult who told you of it Mr. Thornton I heard of it in the House and I had read that it was the Custom of that Society of People to have such a meeting once in three years Mr. Att. Gen. Pray for what purpose did they so meet Mr. Thornton As I have been told It was to send a Procurator to Rome and for their managing their other Affairs which concern'd their Society Mr. Sol. Gen. Have the Jesuits usually such a Consult once in three years Sir Mr. Thornton I was never present at any such Congregation I was not capable of it L. C. J. But was it us'd to be said so Mr. Thornton Yes my Lord I have heard it said so and read of it L. C. J. Mr. Oates Will you ask him any more questions Oates No my Lord. L. C. J. Well then go on Mr. Attorney and call another Witness Mr. Att. Gen. Swear Mr. William Conway which was done Mr. Sol. Gen. Mr. Conway pray will you give my Lord and the Jury
an account where you were in the year 1677. and in the year 1678. Mr. Conway I was then at St. Omers my Lord. Mr. Sol. Gen. Do you remember Mr. Oates there at any time Mr. Conway Yes my Lord I do Mr. Sol. Gen. Pray at what time was he there as you remember Mr. Conway He came in December before Christmas 1677. and did not go away till June 1678. Mr. Sol. Gen. What time in June did he go away Mr. Conway About the twentieth of June I think Mr. Sol. Gen. Were you there all that year Mr. Conway Yes I was there a Scholar in the Colledge Mr. Jones Was he all the time you speak of in the Colledge Mr. Conway He lay out one night Mr. Sol. Gen. What time was that Mr. Conway In January to the best of my remembrance Mr. Sol. Gen. Could he be out of the Colledge any time and not be mist Mr. Conway No my Lord he could not Mr. Sol. Gen. Did you miss him at any time Mr. Conway No my Lord. Mr. Sol. Gen. Was he there in April 1678 Mr. Conway Yes my Lord. Mr. Sol. Gen. Can you tell any particular passages that can make you remember it Mr. Conway Yes my Lord I can Mr. Sol. Gen. Tell my Lord and the Jury how you can remember it Mr. Conway I remember Mr. Hilsley's departure which was the 24th of April New Style and soon after Mr. Bournaby came but I do not know the time exactly I was desirous to know of Mr. Bournaby whether he met Mr. Hilsley upon the way and he told me he did meet him and the next day I saw Mr. Oates and Mr. Bournaby walking together very familiarly and I took particular notice of it at that time Mr. Bournaby being but newly come so that I took him to have known Mr. Bournaby before or else I concluded him to be a little impudent by his intruding into his company Mr. Sol. Gen. Do you remember him in March before Mr. Conway Yes Sir Mr. Sol. Gen. What particulars do you remember of his being there then Mr. Conway I remember him to be there on the Thursday in Mid-Lent the Scholars in the Colledge had a particular Recreation which they call Sawing of the Witch and Mr. Oates was among them and I was one of them that broke a Pan about his head for Recreation Mr. Sol. Gen. Do you remember the first of May that there was in your Colledge a Play acted Mr. Conway As for the Play I remember what part Esquire Pool acted in it but I remember not any particulars that can make me so sure as to swear that Oates were there Mr. Att. Gen. Do you remember any scuffling for a place there Mr. Conway I do not remember it of my own knowledge I heard of it afterwards Mr. Sol. Gen. You say that you saw Mr. Bournaby and him walking together the next day after he came Mr. Conway Yes I did so Sir Mr. Sol. Gen. Did Oates use to read in the Sodality Mr. Conway My Lord there was another chosen according to the Custom to read but Mr. Oates took the Book and did read Mr. Sol. Gen. Did he read constantly Mr. Conway I did never miss him any Sunday or Holyday all the time L. C. J. From what time to what time did he read Mr. Conway From a little after Easter till he went away Mr. Att. Gen. Is it usually taken notice of in the Colledge when any person who is a Student goes away from the Colledge Mr. Conway There is nothing more discoursed of among Scholars than that when it happens any one goes out of the Colledge L. C. J. And pray when did he go away Mr. Conway In June about the twentieth as near as I can remember Mr. Sol. Gen. Did you observe him at Dinner there constantly Mr. Conway Yes he sate by himself Mr. Sol. Gen. How came that to pass Mr. Conway He sate at a little Table in the Hall by himself for he pretended being a man in years he could not Diet as the rest of the young Students did and therefore obtained leave to sit alone at a little Table by himself and he sate next to the Table of the Fathers to which all the Students were to make their Reverence before they sate down L. C. J. He was a very Remarkable man by his sitting by himself Did he sit there alwaies Mr. Conway He changed his Table once and I took notice that he sate on the other side of the Refectory Mr. Sol. Gen. When was that I pray can you remember Mr. Conway That was a little after Easter Mr. Att. Gen. Will Mr. Oates ask him any Questions Oates Pray my Lord will you ask this Gentleman what Religion he is of Mr. Conway I am a Roman Catholick Oates Pray ask him where he lives L. C. J. Where do you live Sir Mr. Conway Where now at present my Lord L. C. J. Where do you usually live Mr. Conway I am a Flintshire man my Lord. Oates Pray ask him what Name he did go by at St. Omers Mr. Conway By the name of William Parry Oates Pray ask him by what name he gave his Evidence in at the five Jesuits Tryal L. C. J. Were you a Witness at the Tryal of the five Jesuits Mr. Conway Yes I was L. C. J. By what name did you give your Evidence there Mr. Conway By the name of Parry Oates Then I desire the Court to take notice he represented himself by a feigned name in a Court of Record Mr. Conway I went by both names my Lord. L. C. J. Well make what advantage you can of it by and by Oates Pray my Lord ask him if ever he heard of any Consult of the Jesuits held here in England in April 1678 Mr. Conway Yes I did Oates Pray my Lord ask him who inform'd him of that Consult Mr. Conway I heard it among the rest of the Scholars and seeing some of the Fathers go over to it I was told so Mr. Att. Gen. Is it an usual thing for them to have such meetings Mr. Conway They have a Congregation ordinarily once in three years Mr. Sol. Gen. Does it go by the name of a Consult or what name has it Mr. Conway Some call it a Congregation and some a Consult M. Sol. Gen. What is the end of such meeting as you have heard Mr. Conway They say it was to chuse a Procurator to send to Rome and give an account of the Province Oates My Lord I would ask him another question whether he is to have any Reward for giving this Evidence here Mr. Conway No not that I know of but what I expect from Almighty God Oates Pray ask him how long he lived at St. Omers Mr. Conway Five years Oates My Lord I have done with him Mr. Sol. Gen. Then call Mr. Haggerstone and swear him which was done Mr. Att. Gen. Mr. Haggerstone pray will you acquaint my Lord and the Jury were you at St. Omers in the year 1678. with
Mr. Oates Mr. Haggerstone Yes I was my Lord I had the honour to be of the same Bench with the Doctor of Salamanca L. C. J. You mean you were of the same Class with him Mr. Haggerstone Yes my Lord of the same Class L. C. J. In what year was it Mr. Haggerstone In the year 1678. Mr. Att. Gen. In what Form were you Mr. Haggerstone In the same Bench with Doctor Oates in the Rhetorick Form Mr. Att. Gen. Do you remember Mr. Oates in April 1678 Mr. Haggerstone Yes Mr. Att. Gen. What time Mr. Haggerstone He spoke unto me on the 25th of April Mr. Att. Gen. What Style do you mean Mr. Haggerstone New Style Sir to avoid confusion I speak of the Style of the place where I was he asked me concerning our School-fellow Mr. Hilsley who was then gone from the Colledge whether I had heard any thing from him since he went away and he spoke of an indisposition he had for which he prescribed him a Medicine of Poppy and he thought it would do his business effectually L. C. J. Who said so Mr. Haggerstone The Doctor of Salamanca he was called Sampson Lucy in the Colledge and likewise he forbid him to chew Tobacco which he us'd to do very much he was called Titus Ambrosius he had twenty Names Mr. Att. Gen. Was he there all April Sir Mr. Haggerstone Yes he was Sir Mr. Att. Gen. Did you know him in March before Mr. Haggerstone Yes he was there all March before Mr. Att. Gen. Was he there in February Mr. Haggerstone Yes as near as I can remember he was absent but one day and then he went to Watton in February or else in January L. C. J. Do you remember when he came thither first Mr. Hagggerstone Yes my Lord he came in December near Christmas as I remember L. C. J. Was it about that time upon your Oath Mr. Haggerstone I speak it upon my Oath it was L. C. J. When did he go away Mr. Haggerstone About the latter end of June L. C. J. Was he absent any time between December and June Mr. Haggerstone I do not remember that he was absent save only in January or February and that was not for above a night when he went to Watton L. C. J. Might not he be absent and you not mind it or know it Mr. Haggerstone Sure if he had been absent we could not but have known it L. C. J. How so pray you Mr. Haggerstone If any goes away 't is so publick that it cannot be without notice being taken of it Mr. Att. Gen. Can you remember by any particular token he was there in April or May Mr. Haggerstone He spoke to me on the 29th of April New Style and told me that there was a Craving English-man had been there to beg an Alms and there was a Collection made for him among the Scholars but he said he would give him nothing for he told me he had been cheated by such an one of some Pieces of Eight in Spain this I remember was the 28th or 29th of April New Style I saw him there the first of May upon the second of May there was an Action of the Scholars and he was present at it the fifth of May I was at School with him when Mr. Pool went away for England and I heard him about that time preach a pleasant Sermon for he would undertake sometimes to preach and he said in it That the late King Charles the Second halted betwixt two Opinions and a stream of Popery went between his Leggs L. C. J. Was this in May Mr. Haggerstone Yes just after Mr. Pool went away for England and he had some pretty Reflections in his Sermon about Toby's Dogg wagging his Tail L. C. J. Well do you ask this Witness any question Mr. Oates Oates Pray be pleased to ask him my Lord what Religion he is of Mr. Haggerstone I am a Papist my Lord I am not asham'd of it Oates Pray my Lord ask where he lives Mr. Haggerstone At London Oates Pray ask him what Country-man he is Mr. Haggerstone I am a Northumberland man my Father is Sir Thomas Haggerstone a man better known than your Father Doctor Oates L. C. J. Nay nay do not be in a passion man Oates Pray ask him how long I was with him at St. Omers Mr. Haggerstone For half a year at least Oates My Lord I desire to know how long he stayed there himself Mr. Haggerstone I studied my whole Course of Humanity there L. C. J. How long were you there in all Mr. Haggerstone Seven years Oates Pray my Lord ask him whether he knows of any Consult held or to be held here in England in April 1678. Mr. Haggerstone Yes my Lord I saw two of the Fathers go from St. Omers to the Congregation and was there at their return but all that time I frequented Doctor Oates's company and he remained in the Colledge Oates Pray who were these two Fathers Mr. Haggerstone Mr. Williams and Mr. Marsh and when they return'd Oates asked me about it whether they had been at the Consult and I told him there was such a thing but he never knew it till afterwards but this I am sure of he was never missing all the while I sate on the same Bench with him Oates Pray my Lord ask him what name he went by at St. Omers Mr. Haggerstone I went by the name of Harry Howard my Mother was a Howard Doctor Oates Pray ask him whether he came into England when he went away from thence Mr. Haggerstone No I went and studied my Philosophy at Doway Oates I desire to ask him one question more Mr. Haggerstone Twenty if you please Doctor Oates I desire to know of him the occasion of Mr. Hilsley's coming away Mr. Haggerstone I do know it but truly I cannot tell whether it be fit for me to speak of it it was upon some unhandsome account but I must not blemish any Gentleman I think Oates My Lord I will ask him one question more whether ever he was admitted into the Society L. C. J. I will not ask him that question how often have I told you no such questions are to be ask'd must I make him liable to Penalty No ask questions that are fair and you shall have a fair answer Oates My Lord I have done then with him Mr. Sol. Gen. Then swear Mr. Robert Beeston which was done Mr. Att. Gen. Pray Sir were you at St. Omers in the year 77. and 78 Mr. Beeston Yes my Lord I was Mr. Att. Gen. Did you see Mr. Oates there then do you know him Mr. Beeston Yes I know him very well I did see him there Mr. Att. Gen. What months did you see him there Mr. Beeston He came there in December the beginning as I remember and he stayed there to June the latter end Mr. Att. Gen. What years was that in Mr. Beeston He came in 77. and went away in 78. Mr. Att. Gen. Did you observe him
not he in the Infirmary himself Mr. Smith Yes during this time he came into the Infirmary and was sick there Mr. Att. Gen. When was that Mr. Smith A day or two after Mr. Hilsley went away and continued there two or three days and I remember it particularly by this circumstance that he proposed a question to the Physician about himself in Latine and spoke a Sollecism which was this he said Si placet Dominatio vestra Oates Who did say so L. C. J. You did he says speak that false Latine to the Doctor Oates That 's false Latine indeed L. C. J. We know that but it seems it was your Latine Mr. Att. Gen. When came he away from St. Omers Mr. Smith About the 20th of June something after the 20th of June as I remember L. C. J. Are you sure he was not out of the Colledge so long as to make a Journey to London and back again Mr. Smith No I am sure he could not without being miss'd and going to School with him and eating Dinner and Supper with him constantly alwaies at the same place I must needs know if he had gone Oates When went I away from St. Omers does he say Mr. Smith After the 20th of June 78. L. C. J. He is your old Acquaintance and Schoolfellow Mr. Oates you visited him when he was sick Oates What Religion is this Gentleman of my Lord I would know Mr. Smith I am a Roman Catholick Oates I desire your Lordship to ask him how long he liv'd at St. Omers Mr. Smith Above six years Oates Pray ask him when he came away Mr. Smith A little after Dr. Oates came away Oates Did he come directly for England Mr. Smith No I did not Oates Whither did he go then Mr. Smith I went about a little Oates Where my Lord Mr. Smith I went about to take some Turns in the Low-Countrys I went to Watton and up and down Oates He is a Jesuit my Lord and that the World knows and must know L. C. J. I know nothing of it I do assure you Oates Pray my Lord be pleased to ask him whether he did not hear of a Consult of Jesuits in April 78. and what Jesuits went from St. Omers to it Mr. Smith I heard it as a Rumour in the Colledge that there was to be a Congregation at that time but I know not where particularly it was to be kept but I know that then there pass'd by St. Omers two Fathers Mr. Marsh and Mr. Williams Oates What were they Mr. Smith Jesuits L. C. J. He told you they were Fathers Mr. Att. Gen. Pray was it an extraordinary or an ordinary Meeting that Mr. Smith They us'd to say in the Colledge that it was an ordinary thing to have such a Congregation every three years Mr. Sol. Gen. Pray swear Mr. Edward Price which was done Mr. Att. Gen. Pray Mr. Price will you give my Lord and the Gentlemen of the Jury an account whether you were at St. Omers in the year 77 and 78. Mr. Price I was there both these years Mr. Att. Gen. Do you remember Mr. Oates there Mr. Price Yes my Lord I do Mr. Att. Gen. When did he come and when did he go away Mr. Price He came there about December 77. and he continued there till June 78. Mr. Att. Gen. Was he absent from St. Omers at any time all that while Mr. Price Never that I know of but one night at Watton when he came back the following day and that was in January Mr. Att. Gen. Do you remember particularly that he was there in April and May 78 Mr. Price I remember Mr. Hilsley according to the forreign Style left St. Omers upon the 24th of April 78. I was told the following day that Mr. Oates went into the Infirmary which was Monday the 25th and stayed there a day or two and upon Wednesday the 27th I saw him going to Mass then upon the Sunday following which was the first of May New Style came Mr. Bournaby to St. Omers and I saw him in Oates's company that day and I saw him on Monday again the second of May in his company I saw him the third of May at the Table which I particularly remember because it was the Feast of the Invention of the Holy Cross the fourth of May I have no Circumstance to remember him by but the fifth of May I saw him take his leave of Mr. Poole and I likewise saw him the 10th or 11th of May at another of our Actions wherein Mr. Watson had a quarrel with him and beat him I should have miss'd him above any other man because he was so noted a man Mr. Att. Gen. What was he noted for for any thing else but his distinct place in the Refectory Mr. Price Yes he was very absurd and alwaies quarrelling with the Students there L. C. J. Do you remember him Read in the Sodality Mr. Price I was not of that Bench that he was of Oates My Lord I desire to know what this Gentlemans Religion is L. C. J. What Religion are you of Sir Mr. Price If your Lordship please to know I am a Roman Catholick Oates My Lord I desire to ask him when he went first to St. Omers and when he came away Mr. Price I was six years at St. Omers I was there a twelve month before Mr. Oates came thither and came from thence about three years ago Oates Did you come directly to England when you came away Mr. Price My Lord I went to Leige to study Philosophy and I live now with my Father at home Oates My Lord I desire to ask him whether he did not hear of a Consult to be held in April 78. Mr. Price I did hear there was a Congregation which was their usual Triennial meeting and particularly I remember about that time there came Mr. Williams and Mr. Marsh and it was reported that they were going to the Congregation Oates I desire to ask him if he was not a Witness at the Tryal of the five Jesuits or at the Tryal of Langhorne Mr. Price No I was not Oates Pray what name did he go by at St. Omers Mr. Price By my own name which is Edward Price Mr. Sol. Gen. Then swear the next that is Mr. James Doddington Mr. Att. Gen. Pray Sir were you at St. Omers in the year 77 and 78 Mr. Doddington Yes Sir I was Mr. Att. Gen. Did you know that Gentleman Mr. Oates there Mr. Doddington I know him very well Mr. Att. Gen. What time did he come to St. Omers and how long did he stay there Mr. Doddington He came about Christmas and stayed about the latter end of June Mr. Att. Gen. How do you remember he stayed there so long what Circumstances have you to make you remember it Mr. Doddington In general his Conversation and Canting Stories after Dinner and Supper and times of Recreation made him so remarkable that no body could miss him all the time he was there Mr. Att.
came he was to be dismiss'd Oates I desire to know what Religion this Gentleman is of Mr. Gerrard My Lord I am a Roman Catholick Oates Pray my Lord ask him what Name he went by at St. Omers Mr. Gerrard By the Name of William Clovell Oates Pray my Lord ask him when he went to St. Omers and how long he was Resident there Mr. Gerrard I came there about two years before he came and was there about two years after he went away Oats Pray my Lord ask him whether he came directly for England when he left St. Omers Mr. Gerrard No my Lord I was four years in Low Germany and France and came into England the last year Oates Pray Sir were you a Witness at the five Jesuits Tryal or at Langhorns Tryal Mr. Gerrard No I was not I came but last year to England I tell you Oates Pray my Lord ask this Gentleman whether he did not know or hear of a Consult of Jesuits that was to be in April 78. and from whom he heard it Mr. Gerrard My Lord I know it is the Custom of the Fathers of that Order to have a Congregation once in three years about the Affairs of their Society but then no Person is admitted to be one of that Congregation but them that have been eighteen years Jesuits and he not having been so much as a Novice I know not how if he had been here he could have been present at it L. C. J. He says that there us'd to be a Triennial Congregation for the Business of the Society but you could not be present at it because you had not been eighteen years a Jesuit Mr. Gerrard An. decimo octavo Currente is the word of the Rule Oates Pray my Lord ask him this Question how he knows that to be the Rule Mr. Gerrard You or any man may Read them in their Books L. C. J. It seems he has Read them and he says you must pass through eighteen years before you be admitted of the Congregation and he believes you were not there for you were not capable of so much as a Noviceship Oates I desire your Lordship to ask him whether or no he heard me Read in the Sodality Mr. Gerrard Yes I did Oates Were you of the Sodality Mr. Gerrard Yes I was Oates Pray my Lord ask him what Oaths are there taken before they be admitted into the Sodality L. C. J. No by no means I will not do it Oates Why my Lord may not I ask it to shew what kind of men these are L. C. J. No indeed it is but the same Question again that I told you before is not to be asked for it may make him liable to a Penalty if you come to be a Witness no man should ask you a Question that might make you obnoxious to a Penalty no more must you ask them any such Questions Oates I have done with him my Lord. Mr. Sol. Gen. Where is my Lord Gerrard of Bromeley Lord Gerrard Here I am Sir Mr. Att. Gen. Pray my Lord do you remember Mr. Oates at St. Omers in the year 77. and 78 Lord Gerrard He was disguised in another Habit and another colour'd Perriwig the Hair was blacker than that he has on now but I remember his Face very well and know him again by the Tone of his Voice which was very remarkable but I never remember that he was absent from St. Omers after he came thither I remember his coming exactly which was about Christmas nor did I ever hear that he was absent till June 78. New Style when he went away Mr. Sol. Gen. Do you remember my Lord when Mr. Bournaby came Lord Gerrard I do remember Mr. Bournaby's coming but what time it was I cannot exactly tell L. C. J. Is my Lord Gerrard sworn Mr. Sol. Gen. I think so Lord Gerrard No my Lord I am not sworn L. C. J. You must be sworn my Lord which was done now if you be pleased to ask my Lord any Questions do Mr. Att. Gen. My Lord we desire to know of my Lord Gerrard of Bromeley whether he knew Mr. Oates at St. Omers Lord Gerrard My Lord I remember he came in 77. as I take it it was the beginning of December and never heard he was absent or miss'd till June 78. I remember particularly upon the 25th of March there was a new Lector to be Reader of the Sodality and Mr. Oates desiring it he was appointed to Read I was there my self and I never miss'd him I heard him Read that I do remember several Sundays and Holidays and never knew him absent any one however for five or six weeks he was constant at Reading and I can the better remember it because he had a particular Cant in his Tone which all men may know which ever conversed with him Mr. Sol. Gen. If Oates please to ask my Lord Gerrard any Questions he may Lord Gerrard Pray my Lord let me speak a word or two more L. C. J. Ay my Lord pray go on Lord Gerrard I remember I heard Mr. Oates was at the Confirmation which was upon St. Austins day there was a Confirmation by a Catholick Bishop about the 26 of May New Style I Remember I heard Mr. Oates was there and the Bishop did particularly note him as a person of elder years than the rest of the Students L. C. J. Do you know this my Lord of your own knowledge Lord Gerrard I do my Lord. L. C. J. Because you say you heard it Lord Gerrard My Lord further I remember this when the News of the Plot being discovered by Oates came to St. Omers where he went by the name of Sampson Lucy and sometimes Titus Ambrosius it was wondered by all the Scholars that knew him there how he came to be so impudent to pretend that he was at such a Consult the 24th of April 78. when all the Colledge saw him every day in April and May at St. Omers as much as a man can be seen in a Family and was never known to be absent so much as one day besides my Lord 't is a thing as generally noted as a thing can be that no Scholar goes away from or comes to the Colledge of St. Omers but it is particularly known to the whole house It is the Common News and Discourse as much as any new occurrences is here about the Town Mr. Sol. Gen. If Oates be pleased to ask him any questions he may Oates My Lord I desire this Noble Lord may be ask'd a question or two I do not Remember his Lordship there Lord Gerrard I do very well remember the man by particular Remarques Oates Yes my Lord you have occasion to remember me and so have your whole Party Pray my Lord let my Lord Gerrard be ask'd what name his Lordship went by at St. Omers Lord Gerrard Mr. Oates I am not difficult in telling the name I went by there It was Clovel Oates Pray my Lord I desire to know what Religion his
Lordship is of Lord Gerrard Neither am I asham'd to own my Religion Mr. Oates I am a Catholick Oates Pray my Lord If you please because this Noble Lord pretends he heard me Read I desire to know of him whether he was of the Sodality Lord Gerrard I remember you particularly by your voice and that is one thing that particularly brings you to my Remembrance now Oates Pray ask this Noble Lord if he was a witness at the Jesuites Tryal Lord. Gerrard No I was never a witness in my Life before By the oath that I have taken L. C. J. 'T is very well my Lord. Oates Pray my Lord ask this Nobleman whether he did not know of a Consult in April 78. and from whom he knew it Lord Gerrard No I know of none nor heard of any but by Rumour after that you pretended to discover such a thing Oates Did his Lordship see me every day does he say Lord Gerrard I cannot say every day but I saw him at the Refectory generally and I remember it particularly because he sat at a Table by himself I believe he could not be absent without being miss'd because we knew every person that came in and went out Mr. Sol. Gen. Then Swear Mr. Samuel Morgan which was done Mr. Att. Gen. Mr. Morgan were you at St. Omers in 77 and 78 Mr. Morgan I was my Lord. Mr. Att. Gen. Did you observe Mr. Oates to be there at that time Mr. Morgan Yes I did Mr. Att. Gen. Pray give an account when he came and when he went away Mr. Morgan He came 14 or 15 daies before Christmas as I Remember and went away in June Mr. Att. Gen. What Christmas do you mean Mr. Morgan Mr. Morgan Christmas 77. Mr. Att. Gen. And when did he go away Mr. Morgan In June 78. he went away Mr. Att. Gen. Was he absent any time during that space Mr. Morgan My Lord I know not that he was ever absent above one night in all that time Mr. Att. Gen. What time was that one night Mr. Morgan Truly my Lord I cannot tell what month it was very exactly Mr. Att. Gen. Whither was he gone that night Mr. Morgan He went to Watton three miles off from St. Omers Mr. Att. Gen. Do you remember the time when Mr. Hilsley came away and when Mr. Bournaby came to St. Omers Mr. Morgan Yes I do my Lord very well Mr. Sol. Gen. Was Mr. Oates there when Hilsley went away Mr. Morgan He was there then Mr. Sol. Gen. Was he there when Mr. Bournaby came Mr. Morgan He was there when Mr. Bournaby came thither Mr. Sol. Gen. Was he there when Mr. Poole came away Mr. Morgan Yes my Lord he was so Mr. Sol. Gen. I will ask you this short question do you believe in your Conscience that he was absent any particular time all that while Mr. Morgan No my Lord I have no reason to believe so Oates Pray my Lord ask him what Religion he is of Mr. Morgan I am of the Church of England Oates When were you reconciled to the Church of England Mr. Morgan Five years since Oates I desire to know of him what induc'd him to be reconciled to the Church of England L. C. J. That is not a pertinent question nor fit to be asked Is he to give an account of his faith here Mr. Justice Withens It seems Mr. Oates is angry when the witnesses are Papists and when they are Protestants too Oates When was it that I came to St Omers do you say Mr. Morgan You came thither in December 77. L. C. J. So he told you before why do you repeat things over and over again Oates When was it I went away from thence say you Mr. Morgan In June 78. Mr. Sol. Gen. Do you remember 24th of April Old Style that year Mr. Morgan Yes my Lord I do remember it very well Mr. Sol. Gen. Do you remember him to be at St. Omers that day Mr. Morgan Yes I do by this circumstance Mr. Sol. Gen. Ay pray tell my Lord and the Jury that circumstance how you come to remember it Mr. Morgan We had the Tryal of Ireland brought over to us soon after it was Printed and there we found mention'd that Mr. Oates had deposed that the 24th of April 78. there was a Consult of the Jesuits and they met at the White Horse Tavern where they resolved to kill the King and he carried that Resolution from Chamber to Chamber and he did nominate the day and having it then fresh in my memory though he swore that he was the 24th of April Old Style in London at that Consult yet I found him to be at St. Omers by a very particular circumstance My Lord I was playing at Ball that day and struck it over into a Court into which I could not get over my self but I saw Mr. Oates then walking in the Court and I came and borrowed his Key and so went in and there passed between us words of friendship L. C. J. When was this do you say Mr. Morgan The 24th of April 78. Old Style Oates I desire to let his Orders be seen L. C. J. No he shall not be put to shew any such thing Oates He is a Minister of the Church of England my Lord. L. C. J. Sir we tell you we will not do it what ado is here with your impertinent Questions have not I told you you shall not ensnare the Witnesses Oates He was a going to pull out his Orders himself Mr. Att. Gen. My Lord Mr. Oates may see them if he will he is a Benefic'd Minister of the Church of England L. C. J. Does he mean those Orders Mr. Att. Gen. Yes he does and here they are L. C. J. Let him see them which was done Oates My Lord I desire to know of this Gentleman what Name he went by at St. Omers Mr. Morgan By the name of Morgan Mr. Sol. Gen. Swear Mr. Arundel which was done Mr. Att. Gen. Pray Sir will you give an account in short whether you were at St. Omers in 77. and 78. and the time when Oates came thither and when he went away Mr. Arundel I was there when Dr. Oates came and when he went away Mr. Att. Gen. When was that Mr. Arundel Sir I cannot be positive to the time exactly but I think it was about January 77. that he came there and he went away about June 78. I cannot be positive to the time exactly L. C. J. He does not particularly remember the time but he thinks it was about January 77. he came thither Mr. Arundel I beg your Lordship pardon he came there about December Mr. Att. Gen. Do you remember any particular circumstances that you saw him there at any particular time Mr. Arundel Upon St. Augustines day I saw him Confirm'd Mr. Sol. Gen. What day is that Mr. Arundel The 26th of May according to the Forreign Account L. C. J. Did you know him there then Mr. Arundel Yes my Lord I say I
saw him Confirm'd Mr. Sol. Gen. Do you remember Mr. Hilsley's going away Mr. Arundel I do not remember the time particularly but I do remember Mr. Oates was actually there then Mr. Sol. Gen. Do you remember when Mr. Bournaby came to St. Omers Mr. Arundel No I do not remember the time but he was there then too Mr. Sol. Gen. Do you remember when Mr. Poole went away Mr. Arundel No I cannot tell what day it was but he was there at the time of his going away upon my Oath Mr. Sol. Gen. Can you tell any other particular time Mr. Arundel The 11th of May New Style there was an Action exhibited in the Colledge L. C. J. Was Oates there then Mr. Arundel To the best of my remembrance he was L. C. J. He does not affirm any particular but only speaks in general Oates Are you a Protestant too Sir Mr. Arundel No Doctor I am not Oates Pray my Lord I desire to know what Religion he is of Mr. Arundel I am a Papist my Lord. Oates Pray ask him by what Name he went at St. Omers Mr. Arundel I believe you know that as well as I Doctor Oates L. C. J. You must answer his Question Mr. Arundel I went by the Name of Spencer my Lord. Oates I do remember him my Lord to have been there Mr. Arundel Sir your humble Servant Oates It is almost seven years ago my Lord and I may not so well remember them as they do me but I desire to know when he went to St. Omers first and how long he was there Mr. Arundel I was there seven years Oates Pray my Lord ask him whether he was of the Sodality Mr. Arundel Yes my Lord I was L. C. J. Was he Reader of the Sodality Mr. Arundel Yes my Lord in my time he was Reader Oates Then my Lord I desire to ask him whether ever he heard of a Consult of the Jesuits that was to be held in England in April 78. and from whom he heard it Mr. Arundel Yes my Lord I did hear in the Colledge of a Congregation Mr. Sol. Gen. Was that an extraordinary one or of course Mr. Arundel It was only of course as they told us once in three years they have one Oates Pray my Lord be pleased to ask this Gentleman what Studies he followed at St. Omers L. C. J He was of the Sodality he says Mr. Arundel My Lord I studied to the end of Rhetorick Oates My Lord I desire to know whether when he came from St. Omers he did come directly for England Mr. Arundel No I went from thence to Paris my Lord. Mr. Sol. Gen. Swear Mr Christopher Turbervile which was done Mr. Att. Gen. Pray Mr. Turbervile will you acquaint my Lord and the Jury whether you were with Mr. Oates at St. Omers and when Mr. Turbervile Yes my Lord he went by the Name of Sampson Lucy there and there I saw him and there I was with him all the time I was there before him and I remained there after he went away Mr. Att. Gen. What time did he come to St. Omers I pray you Mr. Turbervile Before Christmas L. C. J. In what year Mr. Turbervile In the year 77. Mr. Att. Gen What time was it he went away Mr. Turbervile In June 78. L. C. J. Were you there all that while at St. Omers Mr. Turbervile Yes I was L. C. J. And to the best of your apprehension you think he was there all that while Mr Turbervile Yes I do so my Lord Mr. Sol. Gen. Can you speak of any particular daies you can remember Mr. Turbervile Yes I do remember him upon the 4th 5th and 6th of May for two or three daies together for my Lord I do remember this circumstance Mr. Poole about that time went away and that very day Mr. Poole went from the Colledge I changed my Lodging and went into his Lodging and that day I saw Doctor Oates in the Chamber and by the Chamber door Mr. Att. Gen. Did he continue in the Colledge from the time he came about Christmas to the time he went away in June Mr Turbervile Yes he did all the while except it were one night in January when he went to Watton L. C. J What time in June did he go away Mr. Turbervile I am not positive but I am morally sure he went away the 23th of June as near as I can remember Oates I was there in June that is very well known L. C. J. What do you remember of his Reading in the Colledge Mr. Turbervile I do remember he was Reader there on Sundays and Holidays for a great while I cannot swear upon what Sunday he began but he left off the Sunday before he went away L. C. J. As near as you can remember when did he begin to Read Mr. Turbervile It was the beginning of April or latter end of March I cannot justly swear which it was Mr. Molloy Did he Read on Holidays as well as Sundays Mr. Turbervile Yes he did Oates I must ask this Gentleman one Question if your Lordship please and that is this what Name he went by at St. Omers Mr. Turbervile I went there by the name of Farmer Oates Pray you my Lord ask him what Religion he is of Mr. Turbervile It is a hard Question to answer that Oates Nay my Lord I desire to know what is his Religion Mr. Turbervile I am my Lord a Roman Catholick Oates Ask him when he went to St Omers first and how long he stayed there Mr. Turbervile I was there seven years very near Oates I desire to know whether he did come away directly to England when he came from St. Omers Mr. Turbervile No my Lord I went into Italy Oates Pray you my Lord I desire to know whether he did go to Rome L. C. J. What if he did what then that is not at all to the purpose he went into Italy Oates Pray my Lord be pleased to ask him this Question further was he a Witness on the behalf of the five Jesuits or of Langhorne at their Tryals Mr. Turbervile No my Lord I was not Oates Pray my Lord be pleased to ask him then what Reward he has been promised or is to have for giving this Evidence Mr. Turbervile None at all my Lord. Oates Pray my Lord ask him whether or no he heard of any Consult of the Jesuits in April 78 and from whom Mr. Turbervile There was a Congregation as I heard but I do not remember that any of the Fathers went from the Colledge to it several came by there and lodged there as they went and as they came back Oates Pray my Lord ask him how he came here to be a Witness in this Cause Mr. Turbervile I was subpoena'd Oates Who servâ—d the Subpoena upon him Mr. Turbervile The Managers it was sent to me by the King's Councel I suppose a man brought it to me L. C. J. 'T is no matter who brought it you you were subpoena'd that 's enough Mr.
Sol. Gen. Swear Mr. Anthony Turbervile which was done Mr. Att. Gen. Were you at St. Omers in 77 and 78 Mr. A. Turbervile Yes my Lord I was Mr. Att. Gen. Did you observe the Defendant Mr. Oates there at that time Mr. A. Turbervile Yes I observ'd him all the while he was there Mr. Att. Gen. When did he come to St. Omers Mr. A. Turbervile In the year 77 about Christmas Mr. Att. Gen. When went he away Mr. A. Turbervile A Gentleman who was formerly sworn Mr. Thornton and I were at Breakfast with him the self-same time when he went away L. C. J. When was that Mr. A. Turbervile I suppose about the latter-end of June 78. Mr. Att. Gen. Did you observe him to be there in April or May 78 Mr. A. Turbervile He was not absent above one night in January that I can remember from his first coming thither for it was impossible he should be absent and not miss'd he sitting at a distinct Table by himself and his Conversation being so remarkable for a great many ridiculous actions and a great many pretty jests that he us'd so that he was like a silly person as I may call him that us'd to make sport and no body could be miss'd so soon as he And I saw a little Boy in the Colledge beat him up and down with a Foxes Tail Indeed my Lord all his actions were very remarkable I see him very much abusive to persons that liv'd with him in the Colledge and Mr. Oates could not be a person of this note but all the world must take notice of him and all that knew him must miss him if he were away L. C. J. You hear him Mr. Oates he gives you a particular Character he says you were a very notorious person in many instances Mr. A. Turbervile My Lord I was a person then the youngest in the whole Company and Mr. Oates being very abusive to me I did what became me to right my self upon him Oates Pray my Lord be pleas'd to ask this Gentleman what the Name was he went by at St. Omers Mr. A. Turbervile By my Grandmothers Name which was Farmer L. C. J. Do you remember the time when Mr. Hildesley went away from St. Omers Mr. A. Turbervile He went away upon a Sunday Mr. Oates remain'd afterwards there I am positive I saw him several days after L. C. J. Do you remember when Mr. Burnaby came thither Mr. A. Turbervile Yes my Lord and Mr. Oates was there then L. C. J. Will you ask him any questions If you are not ready I will ask him some for you Come what Religion are you of Mr. A. Turbervile I am a Roman Catholick my Lord. L C. J. Well and how long were you at St. Omers Mr. A. Turbervile Six years and upward my Lord. L. C. J. When you came away from thence did you come directly for England Mr. A. Turbervile I took a circumference round Oates My Lord I do find my Defence is under a very great prejudice L. C. J. Why so because we won't let you ask impertinent questions or such as may render the Witnesses obnoxious to a Penalty Oates No my Lord it is not fit they should for there is a Turn to be serv'd L. C. J. What do you mean by that Ay and a good Turn too if these Witnesses swear true 'T is to bring Truth to light and perjur'd Villains to condign punishment Oates Good my Lord be pleased to hear me L. C. J. If you behave not your self with that respect to the Court as you ought pray get you gone Do you think you shall give such language as this in a Court of Justice Oates My Lord I did not design L. C. J. If you behave your self as you should you shall have all due regard but if you flie out into such abusive extravagancies we 'll calm you as you ought to be calm'd Oates I would vindicate my self I meant it not of the Court. L. C. J. So you had need Don't think we sit here to let you asperse the Justice of the Court and of the Nation as if the Judges sate here to serve a Turn Oates I say these men do come to serve a Turn but I laid no aspersion upon the Court nor meant it of them L. C. J. Behave your self as you ought and you shall be heard with all the fairness can be desir'd Oates I did perceive your Lordship and the Court made your selves pleasant with my questions L. C. J. I did not make my self pleasant with your questions but when you ask impertinent ones you must be corrected You see we do the same thing with them I find fault with nothing but what is not to the purpose Oates My Lord I desire it may be observ'd that these men that come now are the same Witnesses that appeared at the Old-Bailey and were not believed there L. C. J. Observe what you will by and by Mr. Att. Gen. No they are other Men but they bear the same Testimony indeed Mr. Sol. Gen. Swear Mr. Clavering which was done Mr. Att. Gen. Come Sir I 'll ask you a short question Were you at St. Omers with Mr. Oates and when Mr. Clavering Yes I was I came the 10th of December 77 to St. Omers he told me he came thither that day too and I liv'd there all the time that he was there which was till towards the middle of Summer I do not remember that he ever was absent but once at Watton Mr. Att. Gen. Do you remember Mr. Burnaby's coming thither Mr. Clavering Mr. Oates was there when Mr. Burnaby came there Mr. Sol. Gen. Was he there when Pool came away Mr. Clavering He was there when Mr. Pool went away and likewise I remember his being there at the time of the Congregation Mr. Att. Gen. Pray tell the circumstance how you know he was there then Mr. Clavering There came a Gentleman there that desir'd a Charity of the Students and I was the person that made the collection for him in the house and I remember he did ask if there was any one that was a Student there that had been in Spain We told him there was one and describ'd him upon which he knew the Gentleman in Spain upon that I told Mr. Oates that there was one there that knew him but he deny'd to come and speak with him Now I remember that it was the time of the Congregation for some enquiry made why he got so little money at Watton and it was said it was because the Fathers were gone to the Congregation in England And he ask'd me particularly What was done at the Congregation in England L. C. J. Did Oates ask that question Mr. Clavering Yes my Lord he did L. C. J. Whom did he ask it of Mr. Clav. Of me L. C. J. When was that Mr. Clavering I think it was about the time of the Congregation L. C. J. How came he to enquire after it Mr. Clavering I was talking with him
half so hard upon them as you do upon my Witnesses what does it signifie my Lord whether the Wigg were long or short black or brown L. C. J. We have no other way to detect Perjuries but by these Circumstances and 't is the duty of a Judge to enquire into all Particulars as in a Controversie about words were they spoken in Latin or in English and so to all places and postures of sitting riding or the like as you know the Perjury of the Elders in the case of Susanna was by their different Testimony in particular Circumstances discovered Oates My Lord I will ask her but one short question by the Oath you have taken Mrs. Mayo to speak the Truth the whole Truth and nothing but the Truth as you expect the face of God with comfort in another World did you see me at Sir Richard Barkers at any time in May 78. the May before the Plot was discovered for that is the main question Mrs. Mayo Yes I did and I speak nothing here but what I speak as in the presence of the Lord. L. C. J. Prithee Woman dost thou think we ask thee any thing that we think thou dost not speak in the presence of the Lord we are all of us in the presence of the Lord always Mrs. Mayo And shall answer before him for all that we have done and said all of us the proudest and the greatest here L. C. J. But I would not have so much to answer for as thou hast in this business for all the World Mr. Soll. Gen. Well we have done with her now she may go away L. C. J. Where does she live now Cryer Mrs. Mayo where do you live now Mrs. Mayo In Leaden-hall-street my Lord. L. C. J. When did you see Sir Richard Barker's Daughter Mrs. Mayo About a Fortnight ago L. C. J. Where Mrs. Mayo In Barbican in London L. C. J. Do you live with Sir Richard Barker now Mrs. Mayo I do not live with him now L. C. J. Did his Daughter use to be at the Table at dinner Mrs. Mayo She was often in the Country my Lord. L. C. J. Did she eat at his Table at that time when Oates was there Mrs. Mayo I am not able to say whether she did or not she used to be in Wales at Sir Thomas Middleton's sometimes and with Madam Thurrell her Aunt who was her Mothers Sister and her two Daughters L. C. J. In Wales dost thou say where Mrs. Mayo My Lord in your own Country at one Doctor Cockets I know your Lordship though your Lordship does not know me L. C. J. I am very glad of it good Woman but prithee did ever Sir Richard Barker dine with Mr. Oates Mrs. Mayo I cannot say he did he went to and fro L. C. J. Well have you any more Witnesses Oates Cryer call Philip Page Cryer Here he is Sir Oates Pray swear him which was done pray be pleased to give my Lord and the Jury the best account you can of my being in Town But Mr. Page the question that I first ask you is whether I was here in April or May and in what year it was that you did see me at your Masters House L. C. J. When did you see Mr. Oates at your Master's House you mean Sir Richard Barker to be his Master I suppose Oates Yes my Lord. L. C. J. What do you say to it Page Truly I cannot be positive to the year but to the best of my remembrance it was 78. Oates Pray tell my Lord and the Jury some Circumstances in that year that did happen to you that makes you believe it was 78. Page Sir I 'le give you the best satisfaction I can to the best of my knowledge he came to Sir Richard Barker's one evening and there he enquired for Doctor Tongue he was in a disguise in a light coloured Coat something like to Frize but it was not Frize the term that they give it I cannot so readily tell he had his hair cut short almost to his ears and he had a broad-brim'd Hat on and a small stick in his hand walking melancholly about the Hall I happening to be the first body he met with as I suppose he asked me if Doctor Tongue was within I told him no I had not seen him of a considerable time he then asked me where Sir Richard Barker was I told him he was ill now at Putney says he when will he be here I told him I could not tell L. C. J. Did he see any body there but you Page That I cannot tell my Lord not that I know of L. C. J. What time of the year was it Mr. Att. Gen. And what Month Page What year and what month it was I am not able to say my Lord. L. C. J. What became of him after that Page He went out of our Gates then Sir he was walking up and down melancholy and not finding any one as I suppose to answer him he continued walking in the Patients Hall where they used to wait on Sir Richard Barker that came to discourse with him about Physick and upon my answer to his question he went away L. C. J. Did you ever see him any other time near to that time Page No I did not L. C. J. Did you use to wait on Table Page No I did not L. C. J. What Service were you then engaged in at Sir Richard Barker's Page I made up the Physick my Lord. L. C. J. Did you not acquaint the Coach-man nor Mrs. Mayo nor Sir Richard Barker with it Page I think Sir Richard Barker was in Town soon after and I did acquaint him with it Oates But can't you tell what time this is Sir Page I can say no other than I have said I believe it was in 78. L. C. J. Was this in June July or May or when Page I cannot say punctually what month it was my Lord but to the best of my knowledge and remembrance it was in the beginning of May. Oates Had not your Master a Patient at Islington at that time that was sick of a Feaver Page Yes he had Mr. J. Withens Why would Mr. Oates have given the Patient Physick Page No my Lord but 't was about that time that the Patient was under my Master's Cure Oates Indeed the St. Omers men do swear thorough stitch but my honest Witnesses are cautious it being so long ago and he that is a Minister of the Church of England as they say speaks to a very day upon a much slighter Circumstance pray call Mr. William Walker Cryer Here he is Oates Swear him which was done be pleased Walker to give my Lord to understand when 't was you saw me here in London in disguise and when it was you swore six years agone at the Old-Bayly that you saw me here in London Sir the time in Controversie is this I came here to discover a Plot of the Papists against the Kings Life and the Religion and I swore