further present that the said Thomas Pickering and John Grove upon the agreement aforesaid then and there falsly subtilely advisedly Maliciously devilishy and Trayterously did take upon them and did promise to the said Thomas White alias Whitebread William Ireland John Fenwick and other false Traytors of our late said Soveraign Lord the King to the Jurors aforesaid unknown then and there falsly subtilely advisedly maliciously devilishy and Trayterously did promise that they the said Thomas Pickering and John Grove would kill and murder our said late Soveraign Lord the King and they the said Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Traytors of oursaid late Soveraign Lord the King afterwards to wit the said four and twentieth day of April in the thirtieth year aforesaid at the said aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid subtilely advisedly maliciously devilishly and Trayterously did severally every one of them give their Faith each to the other and upon the Sacrament then and there trayterously did swear and promise to conceal and not to divulge their said most wicked Treasons and Trayterous Compassings Consultations and Purposes so between them had him our said late Soveraign Lord the King Trayterously to kill and murder and the Romish Religion in this Kingdom of England to be used to introduce and the true Reformed Religion in this Kingdom of England rightly and by the Laws of the same Kingdom established to alter and change and that the said aforesaid Thomas Pickering and John Grove in Execution of their Traiterous Agreement aforesaid afterwards to wit the same Four and Twentieth day of April in the Thirtieth year aforesaid and divers other days and times after at the said aforesaid Parish of St. Giles in the Fields in the County aforesaid Muskets Pistols Swords Daggers and other offensive and cruel Weapons him the our said late Soveraign Lord the King to kill and murder falsly subtilely advisedly maliciously and Trayterously did prepare and obtain for themselves had and kept and that they the aforesaid Thomas Pickering and John Grove afterwards to wit the said Four and Twentieth Day of April in the Thirtieth year aforesaid and divers days and times afterwards with Force and Arms c. at the Parish aforesaid in the County aforesaid and in other places within the County of Middlesex aforesaid falsly subtilely advisedly maliciously devilishly and Trayterously did lie in wait and indeavour our said late Soveraign Lord the King to murder and that the said Thomas White alias Whitebread William Ireland John Fenwick and other false Traitors to the Jurors unknown afterwards to wit the same Four and Twentieth day of April in the Thirtieth year aforesaid at the Parish aforesaid in the County of Middlesex aforesaid falsly subtilely advisedly maliciously devilishly and Trayterously did prepare perswade excite abett comfort and counsel Four other Persons Men to the Jurors unknown and Subjects of our said late Soveraign Lord the King him our said late Soveraign Lord the King Trayterously to kill and murder against the Duty of their Allegiance against the Peace of our said late Soveraign Lord the King his Crown and Dignity and against the Form of the Statute in that Case made and provided and thereupon it was so far proceeded that afterwards to wit at the Court of Goal-delivery of our Soveraign Lord the King of Newgate at Justice Hall in the Old Baily in the Suburbs of the City of London in the Parish of St. Sepulchre in the Ward of Farington without London aforesaid the seventeenth day of December in the Thirtieth year aforesaid before the Justices of our said Lord the King then and there being present held by adjourment for the County of Middlesex aforesaid before whom the Indictment aforesaid was then depending came the aforesaid William Ireland Thomas Pickering and John Grove under the Custody of Sir Richard How Knight Sir John Chapman Knight Sheriffs of the County of Middlesex aforesaid into whose Custody for the Cause aforesaid before that were committed being there brought to the Bar in their proper Persons and immediately being severally spoken unto concerning the Premisses above charged upon them how they would acquit themselves thereof the aforesaid William Ireland Thomas Pickering and John Grove did say that they were not thereof guilty and for the same for good and bad they severally put themselves upon the Country and by a certain Jury of the Country on that behalf in due manner Impaneld sworn and charged then and there in the same Court before the Justices of Goal delivery aforesaid were tryed and that upon that Tryal between our said late Soveraign Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove at London aforesaid to wit at Justice Hall in the Old Baily aforesaid in the Parish and Ward aforesaid the Defendant Titus Oates by the name of Titus Oates late of the Parish of St. Sepulchre aforesaid in the Ward aforesaid Clerk was a Witness produced on the Behalf of our late Soveraign Lord the King upon the Tryal aforesaid and before the aforesaid Justices of Goal-delivery in the Court aforesaid then and there held upon the Holy Evangelists of God to speak and testifie the Truth the whole Truth and nothing but the Truth of and in the Premisses between our said late Soveraign Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove put in Issue was duely sworn and that he the aforesaid Titus Oates then and there in the Court of Goal delivery aforesaid upon his Oath aforesaid upon the Indictment aforesaid at the Parish and Ward aforesaid by his own proper act and consent of his most wicked Mind falsly voluntarily and corruptly did say depose swear and to the Jurors of the Jury aforesaid then and there sworn and Impanel'd to try the Issue aforesaid between our said late Soveraign Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove did give in Evidence that there was a Trayterous Consult of Jesuits that were assembled at a certain Tavern called the White Horse Tavern in the Strand in the White Horse-Tavern in the Strand in the County of Midd. aforesaid meaning upon the Four and Twentieth day of April in the Year of our Lord 1678. At which Consult Whitebread Fenwick Ireland the aforesaid Thomas White alias Whitebread John Fenwick and William Ireland meaning and he the said Titus Oates were present and that the Jesuites aforesaid did separate themselves into several lesser Companies and that the Jesuites aforesaid came to a resolution to murder the said our late Lord the King and that he the said Titus Oates did carry the Resolution aforesaid from Chamber to Chamber and did see that Resolution signed by them the aforesaid Jesuites meaning whereas in truth and in deed the aforesaid Titus Oates was not present at any Consult of the Jesuites at the White Horse-Tavern aforesaid in the Strand in
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
the Jury Oates My Lord I have one thing more and that is A Copy of the Record out of the House of Lords It is in the Journal the twenty fifth of March seventy nine Mr. Walker My Lord I have not the Book here it was not spoke for Oates But do you know this hand Shewing him a Copy Mr. Walker Yes and I Believe it is a true Copy L. C. Justice Read it C. Crown Reads Tuesday the 25 of March 1679. Oates It is the last Clause in the Journal of that day C. Crown Reads Resolved Nemine Contradicente by the Lords Spiritual and Temporal and Commons in Parliament assembled That they do declare that they are fully satisfied by the Proofs they have heard That there now is and for divers years last past hath been a Horrid and Treasonable Plot and Conspirary contrived and carried on by those of the Popish Religion for the Murthering of his Majestie 's Sacred Person and for subverting the Protestant Religion and the Ancient and Established Government of this Kingdom Oates There is an Order to have that Vote printed and inserted before the Form of Prayer for the Fast 'Pray' Sir read the next Page Cl. Crown Reads Die Lunae 25. Oct. 1680. Vpon Report from the Lords Committees for examining matters relating to the discovery of the late Horrid Plot and Conspiracy That Captain Thomas Bickley hath lately vilified Dr. Titus Oates at a publick meeting at Chichester to the prejudice of his Majestie 's Evidence for the further discovery of the said Plot It is thereupon ordered by the Lords Spiritual and Temporal in Parliament assembled That the Said Thomas Bickley be and is hereby required to appear before their Lordships in the Lord Privy-Seals Lodgings near the house of Peers on Wednesday the third day of November next at eight of the Clock in the forenoon And it is further ordered that Alderman Exon and Alderman William Bury of Chichester aforesaid who were then present at the said meeting do likewise attend their Lordships at the time aforesaid to give Evidence of what they know concerning this Matter L. C. Justice What of all this we know hereupon Bickley was turned out of Commission and now Bickley is in again But it seems as you had credit with some then so you had not with others Well have you done now all Mr. Att. Gen. Yes my Lord. Mr. Soll. Gen. If Mr. Oates will Summ up his Evidence then I will do the same for the King when he has done L. C. Justice Well what say you Mr. Oates Oates Now my Lord here is an Indictment preferr'd against me for Perjury and the Evidence they have given for the King is this 1. They have call'd Mr. Foster and he tells you that I was produced at the Sessions-house in the Old Baily where he was summon'd as a Jury man upon the Trial of Ireland and he says That when I was produc'd at the Sessions in the Old Baily as a Witness and sworn if I do remember Mr. Foster aright in what he says he did hear me swear That there was a Treasonable Consult of Jesuits upon the twenty fourth of April 78. at the White-Horse-Tavern in the Strand and he does further say That I said those Jesuits afterwards came to a Resolution to kill the King and that they separated themselves into lesser Clubs the Resolution being drawn up by one Mico and that I carryed it from Chamber to Chamber to be signed and did see it signed My Lord I did ask Mr. Foster Whether I in my Evidence called it a Consult or a Traiterous Consult Now my Lord 't is true I did call it a Traiterous Consult it is as true that I did swear there was such a Consult and it is as true that I did swear this Consult did divide it self into lesser Companies it is as true that I did say I did carry that Resolution about from Chamber to Chamber and saw them sign that Resolution for murdering the King I do not mean of this King but of the late King My Lord the Evidence I think I nor no honest man shall need to be asham'd of I am not ashamed to own that I repeated this Evidence several times nor that I gave that Evidence upon Oath for it is Truth my Lord and nothing but Truth and I resolve by the Grace of God to stand by it and confirm it with my Blood if there be occasion My Lord to Convict me of Perjury they have brought a parcel of St. Omers Witnesses and these do swear that which they would have sworn six years ago but then the Court thought them not fit to be sworn not only because the Law will not allow them but because of their Religion that can dispense with false Oaths if it were for a good Cause and that was the Remark my Lord C. Justice Scroggs then made of it I shall not insist much upon what they have sworn for that I suppose your Lordship and the Jury do very well Remember But I have five things to Object to their Evidence and I hope the Jury will take notice of my Objections and make their Remarks upon them for since you have heard the Evidence that is brought against me it will be necessary for your Lordship to weigh the nature of these Witnesses and the Value that the several Juries of London and Middlesex had for them 'T is true there are several brought here now that never were Witnesses before there are indeed other men but of the same Religion and the same Interest and therefore their Testimony must be of the same Value I think your Lordship will allow me that Therefore I Begin with their Religion and that I take notice to be a great Objection to their Evidence as I am advis'd by those that are Learned in the Law And I must appeal to the Court whether a Papist in Case of Religion may be believed and received as a good Witness L. C. Justice We must nor hear any of these Idle Expressions Mr. Just Withens Do you think you are come here to preach Mr. Oates L. C. Justice I 'll tell you a Papist except you 'll prove any Legal Objection against him is as good a Witness in a Court of Record as any other Person whatsoever Oates But if your Lordships I 'll tell you my Lord Cook 's practice was not to admit them as good Witnesses L. C. Justice Do not tell me of my Lord Cook 's practice the Law is otherwise keep to the Business that you have here in hand the Question before us Whether you were forsworn in Ireland's Trial or not Answer that if you can but you must not run out into Clamors and idle Extravagances Oates My Lord I demand it as my Right to be heard what I have to except against the witnesses L. C Justice I tell you you shall be heard when you speak properly But are you to determine what is Right or what is Wrong Oates I am to