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
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
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
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
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
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
I demand an answer to it upon the Oath he has taken L. C. J. And I tell you upon the Oath you have taken you are not bound to answer any such Question Oates Good my Lord let my Questions be answered L. C. J. No Sir they shall not How now do not think to put Irregularities upon us if you will behave your self as you ought to do and keep to that which is proper well and good Oates If your Lordship please I think this very proper for me L. C. J. What to ask such improper Questions as these are Oates Truly my Lord I think they are fit Questions to be asked L. C. J. But we are all of another opinion Oates My Lord I desire to know whether they are not set on by their Superiours to do this L. C. J. That is not a fair Question neither Oates Give me leave to make my defence my Lord I beseech you L. C. J. Ay in Gods name but I pray you then make it in a regular and becoming way for I know of no Priviledge you have more than other People to use Witnesses as you do Oates My Lord I look upon my self as hardly used in the case L. C. J. I care not what you look upon your self to be if you will ask Questions ask none but fair Questions and while you keep within Bounds you shall be heard as well as any of the Kings Subjects but if you will break out into Questions that are impertinent extravagant or ensnaring we must correct you and keep you within proper Limits Oates Then my Lord I ask whether he was not a Witness at the Tryal of the Five Jesuites and at Langhorn's Tryal L. C J. Ay that is a proper Question what say you to 't Sir Mr. Hilsley I was so Sir Oates Pray my Lord ask him what Credit he received at those Tryals L. C. J. What a Question is that to ask any man Oates My Lord I think it is a fair Question L. C. J. No indeed it is not a fair one at all Oates My Lord I desire to know what induces him to come here as a Witness now since it appears that now he comes to give an Evidence that he gave six years ago and was not believed Mr. Hilsley My Lord I am subpoena'd L. C. J. He has given you an answer to the Question though I think it was an idle Question and not at all to the purpose Oates It may be he may have some particular reason to induce him to it now L. C. J. Well he tells you he came because he was subpoena'd and that is sufficient He is not compellable to be a Witness unless he be subpoena'd but if a man will come without a Subpoena and give Evidence in a Cause that is no objection to his testimony Oates My Lord I desire to know of him whether he is to have any Reward for swearing in this Cause L. C. J. What say you Sir are you to have any Reward for your Evidence Mr. Hilsley None at all as I know of my Lord I assure you Mr. Just Withens He is not paid for his Evidence Mr. Oates Oates If he be or be not I cannot tell nor do I know who ever was paid for it L. C. J. Have you any more Questions to ask him Oates Pray my Lord I desire to know what was the occasion of his coming away from St. Omers Mr. Hilsley I had finished my Studies Oates Pray my Lord be pleased to ask him if he never heard of any Consult of the Jesuites here in England in the Month of April 78. and from whom he did hear of it Mr. Hilsley I did hear of it among the rest of the Students of the Colledge L. C. J. What did you hear of Mr. Hilsley I did hear of a Consult of ahe Fathers in April 1678. Mr. Att. Gen. Yes there was but not such an one as Mr. Oates speaks of nor was he at it Mr. J. Holloway For what was that Consult I pray you Mr. Hilsley It was nothing but a Triennial Congregation about the Affairs of the Society L. C. J. What were they to do there Mr. Hilsley My Lord I was informed among them there that it was only what they used to have once in 3 years for ordinary Affairs Oates My Lord he pretends to tell when I came thither I desire to know of him from what time it was he saw me there and how often Mr. Hilsley Generally every day as near as I can remember I think Mr. Oates you and I Mr. Oates went to School in the same place Oates Pray how many days was I absent from thence in that time you were there Mr. Hilsley You were there generally as often as I I do not know whether ever you mist a day or no. Oates Pray my Lord will you ask this Gentleman one question more whether he can particularly tell that he did see me every day at St. Omers For 't is not enough for him to swear that he saw me there but he ought to give an account how he comes to know it by some particular Circumstances L. C. J. He has given you several Circumstances of his Knowledge for he says he was there all the while from your coming till 23d of April New Stile that he came for England he says he was a Scholar in the same Form and Class with you and because he does not remember himself to have been absent he does not remember you to be absent neither Mr. Att. Gen. And he swears particularly to the very time he came over which was April 14th Old Stile Oates Well I have no more Questions to ask this Gentleman L. C. J. Then call another Mr. Soll. Gen. Cryer call Mr. John Dorrel who was sworn L. C. J. Look ye Mr. Attorney you did open things at the first for Methods sake by Periods of time the first was Hilsleys coming over the next was the meeting with Bournaby now pray observe that Method and call that Bournaby next Mr. Att. Gen. My Lord we shall call him by and by but we have not done with this business about Hilsley we have some Witnesses that will give an Evidence to strengthen and back his Testimony Come Mr. Dorrel what have you to say to this matter Mr. Dorrel My Lord in April 1678. I came from Brussels to England where presently after I came I was with one Mr. Osbourn and my Mother and there was a Discourse between my Mother and him about Religion L. C. J. Where was that Mr. Dorrel It was here in England Mr. Att. Gen. Now tell the time when that was Mr. Dorrel As near as I can guess it was 15 or 16 of April Old Stile in the year 1678. Mr. Att. Gen. Well Sir go on with your Story Mr. Dorrel My Mother was laughing at his Religion and telling him some ridiculous Stories and he replyed there are a great many that are so ignorant that are bred up in the Religion of the Church
and Particularities that were not before spoken of some are now produced that were produced before and the reason is because they are themselves concerned in those particularities which gave occasion to the others to remember them Gentlemen after the producing of so many witnesses and so strong a proof what is it that Mr. Oates has produced against it His main Objection to their Testimony is There were several that came from St. Omers to testifie at those former Trials what these now swear who were not believed but I was believed and the men were Convicted Condemned and Executed upon my Testimony But is that all he has to say No says he I have likewise witnesses to offer as a Counter proof to them a positive proof that I was here in England at the time they swear me to be at St. Omers and he says well if that be proved there is an end of the Case Well what is the proof the witnesses that he has have been these four Ciceley Mayo servant to Sir Richard Barker Butler his Coachman Page another of Sir Richard's Servants and the Parson Walker The Evidence of Page and Walker though produced last by Mr. Oates yet I crave leave to mention first and set them out of the way Page he remembers to have seen Mr. Oates in a Disguise at Sir Richard Barker's that is in Grey Cloths but he is not certain as to the time and he cannot take upon him to say what time of the year or what year it was only he believes it was in May and therefore that can be no sufficient Evidence to contradict witnesses that with great particularity speak to certain times As for Walker the Parson he said he saw him between St Martin's Lane and Leicester Fields but he cannot remember the time when neither Nay the remembrance he has of it goes rather to another time than the time in question for being asked what Circumstance he knew the time by he said it was about a year and a quarter before the Plot was discovered which must be in April or May 1677. and that will do the Doctor no Service at all upon this Question Now let us consider Mrs. Mayo's Testimony and the Oath that she made was this That when Oates came over into England she saw him at Sir Richard Barker's House the latter end of April or the beginning of May and the week before Whitsontide the latter end of April or the beginning of May was the first time that he came that she faw him but that he came before as she heard but the Coachman only saw him and told her that Oates had been there but the second time she did see him and he went in and dined there in the House Sir Richard Barker was not there but my Lady's Sister her Sons and Daughters were there she says that she saw him again a week before Whitsontide that when he came the first time he was in grey Cloths a white Hat and a short Periwig Afterwards he was in black Cloths a pretty long Periwig not very long but the Periwig was brown and these are the Circumstances she remembers to have seen him by Now let us see what Butler the Coachman says he remembers about the beginning of May he saw Oates at his Master's House in a Disguise the other said it was the latter end of April or the beginning of May But I stand not upon that but this he does swear That the first time he saw him Ciceley Mayo saw him too that he was then in grey Cloths a white Hat but his hair was cut short and he had no Periwig on afterwards he came in a cinnamon coloured Coat and green Ribbons and a long black Periwig This is Butler's Evidence Now these two People's Evidence are utterly impossible to be reconciled they contradict one another so much First They contradict one another in this she says The first time he came she did not see him but the Coachman told her he had been there but he swears That she did at that time look out of the Window into the Yard and did see him as well as he Another Contradiction is this She remembers the first time he came in grey Cloths a white Hat and a short Periwig the Coachman he swears he had no Periwig on but his hair was cut short to his Ears Then again she swears the second time he was in black Cloths and an indifferent long Periwig and the Periwig was brown and the other swears he was in cinnamon colour Cloths and a long Periwig and it was a black one Now thus you see the witnesses contradict themselves and cannot be reconciled to one another But take one thing more which is very considerable wherein she contradicts Mr. Gerrard for she swears he was here a week before Whitsontide that she is sure of Now that falls upon the nineteenth day of May then upon the sixteenth day of May was the week before Whitsontide now that is a most Eminent Day by the Testimony of Mr. Gerrard for that happens to be the twenty sixth of May New Stile and that was the day he was confirmed with Mr. Gerrard at St. Omers And no man sure can doubt which of the two witnesses is to be believed and it cannot but be true that he was there at that time because so remarkable a Circumstance cannot be forgotten and yet this Woman swears that he was here a week before Whitsontide and that by Computation must be the time of his Confirmation But Gentlemen another thing that I offer upon the Testimony of these witnesses is this If you will believe it he himself contradicts his own witnesses or they him and one of them is forsworn For he has sworn the Consult was the twenty fourth of April and that three or four days after that was over he went back with the Fathers to St. Omers Now this contradicts all that his witnesses have said But he has given himself as he thought some little latitude says he the Consult began the twenty fourth but it held six or seven dayes longer We will for this time admit it to be so and give him the six days he requires and yet after all it will not come up to the time that his witnesses speak to for to the twenty fourth of April add six days and that brings us just to the last day of April and then take four days in May to make up the three or four days after the Consult was over and we are yet at a great distance from the Whitson week for that was the nineteenth of May and the week before must be the twelfth or thirteenth and so it is impossible to be reconciled to Truth what he and his witnesses swear either the Evidence that the Doctor now brings must be a Contradiction to his own former Oath or his Oath proves they are mistaken besides the Contradiction that is between the witnesses themselves for they vary in a great many