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A63215 The tryals, convictions & sentence of Titus Oates upon two indictments for willful, malicious, and corrupt perjury : at the Kings-Bench-Barr at Westminster before the Right Honourable George Lord Jeffreys ... upon Friday the 8th and Saturday the 9th days of May, anno Domini 1685 ... Oates, Titus, 1649-1705.; England and Wales. Court of King's Bench. 1685 (1685) Wing T2249; ESTC R34667 151,182 100

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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
Parliament and then if they may be brought L. C. J. Which they cannot be nor never were nor I am sure ought to be nor I hope never will be as long as there is any Justice in the Nation Oates But my Lord you will allow the Records of the House of Lords to be Evidence L. C. J. Yes I tell you I will and for that reason because they are Records out of a Court of Record an Order of Court Baron is no Evidence because it is no Court of Record but a Judgment of a Court Leet is Evidence because it is a Court of Record and there 's the difference Oates My Lord I call in the next place my Lord of Anglesey if he be in Court L. C. J. No he is not here Oates Pray will you give me leave to call my Lord Keeper then L. C. J. See in the Court of Chancery whether my Lord Keeper be there Cryer No my Lord he is not he is gone Oates He was Subpoena'd my Lord and I can have Affidavit made of it he was a material Witness for me L. C. J. I cannot help it he is not here Oates Pray call my Lord Chief Baron L. C. J. Go one of you into the Exchequer and see if my Lord Chief Baron be there and tell him Mr. Oates calls for him as a Witness Oates And Mr. Justice Levins Cryer The Courts are both up and they are all gone Oates They were subpoena'd I am sure to be here well go and see whether they are there or no. L. C. J. In the mean time do you call some other Witnesses Oates I call my Lord Chief Justice Jones L. C. J. The Cryer is gone to look for the Judges Oates Then I call my Lord of Clare L. C. J. Here is my Lord of Clare E. of Clare My Lord I can remember nothing it is so long time ago L. C. J. My Lord of Clare says he can remember nothing Oates I only call my Lord of Clare to ask him one question which I hope his Lordship will remember L. C. J. Swear my Lord of Clare which was done well what is it you ask my Lord Oates My Lord of Clare the question I would ask your Lordship is with what credit I was received in the House of Lords upon my Discovery and that you will to the best of your memory give my Lord and the Jury an account how the House of Peers proceeded upon my Evidence E. of Clare Truly my Lord I cannot give any account it is of so long standing Oates It is a great while ago my Lord and therefore it is hard measure that I must be brought to this Tryal so long after L. C. J. If it be a long time we cannot help it we cannot force People to prosecute sooner than they will do Oates I desire Mr. Baron Gregory may be called L. C. J. He is not here but see and call my Brother Gregory I hear they are all together in the Treasury Oates Then I call Mr. Williams that was Speaker in the House of Commons L. C. J. Here is Mr. Williams he was sworn Oates I desire Mr. Williams because you were then Speaker of the Commons House of Parliament you would be pleased to tell what you remember concerning the credit I received in that Parliament in which you were Speaker upon the Discovery I made of the Popish Plot and particularly as to the Consult of Jesuits to kill the late King in the month of April 78. Mr. Williams My Lord my Memory is never very good but especially in a case that is at such a distance of time and which consists of so many Particulars as this I mean Mr. Oates Discovery But this my Lord I do remember he was examin'd at the Bar of the House of Commons and gave a long account but it is more than any man can do to tell every Particular that is said in that House L. C. J. Was he upon his Oath Mr. Williams at the Bar of the House of Commons Mr. Williams My Lord he was as other men are that are examin'd in the House of Commons L. C. J. We all know it could not be upon Oath they have not Power to give an Oath Mr. Williams What Reputation he was of I cannot say so well as what their Proceedings did testifie L. C. J. Nor in case they did believe him never so much is it any thing to this question which is whether he swore true or false at Ireland's Tryal Mr. Wiliams My Lord when a Person is brought to the Barr there to be a Witness in any Cause every body is silent and the Witness is heard what he has to say and so was Mr. Oates when he had done he withdrew but what the Opinion of the House was upon it I must submit to their Votes and Resolutions L. C. J. Which you know Mr. Williams are no Evidence Mr. Williams That I must submit to the Court. Oates I desire my Lord of Clare would be pleased to tell if he remembers what Credit the House of Lords gave me upon my Discovery E. of Clare My Lord I do not well hear Mr. Oates question Oates My Lord my question is this when I was brought to the Bar of the Lords House whether I did not receive the thanks of the Lords House for my Discovery E. of Clare Truly Sir at the beginning of the Discovery of the Popish Plot I was not in Town nor in the House L. C. J. But now Mr. Oates I hope you are satisfied by the answer that is given by your own Witness that what is done in the House of Commons is no Evidence and I would have you remember that is the Reason of it because they are no Court of Record and because they cannot so much as give an Oath Oates My Lord I see my Lord of Huntingdon is here and tho I did not Subpoena his Lordship nor design'd to have troubled him yet being here I desire his Lordship would give the Court an account what Credit I had in the House of Lords upon my Discovery L. C. J. Swear my Lord of Huntingdon which was done E. of Huntingdon I do believe my Lord Mr. Oates Discovery found a good reception in the House of Lords but it was grounded upon the opinion that what he said was true and that he was an honest man for so the House then accounted him to be and upon this it was their Lordships gave credit to his Testimony and indeed had the matter been true it was of high Importance to have it thorougly examined But since that time it being apparent there were so many and great Contradictions Falsities and Perjuries in his Evidence upon which so much innocent blood hath been shed I believe a great many Persons who were concerned in the Trials of those unfortunate men are heartily afflicted and sorry for their share in it And I do believe most of the House of Peers have altered their opinion as to this
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