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
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
I must come to be called to an account for Perjury in my Testimony of that part of the Popish Plot with which the King and Kingdom four successive Parliaments all the Judges of the Land and three Juries were so well satisfied I shall therefore offer to your Lordship and the Juries consideration the unanimous Votes of three Houses of Commons I shall offer the Proceedings of the House of Lords that is the highest Judicature in the Kingdom I shall prove what I have open'd by the Testimony of several Noblemen that are here who will testifie this for me My Lord I shall prove that several attempts have been made to baffle this Testimony as that of the Murther of Sir Edmundbury Godfrey who took my Depositions the Contrivance of Paine Farewell and Thompson made in the year 81 or 82 I forget which I shall then produce Evidence that I was actually here in Town at the time in question and then upon the whole I shall submit it to your Lordship and the Jury But to prepare your Lordship and the Jury the better for my Evidence I would again urge the strangeness of this Prosecution and the hardship that is put upon me to be tryed for Perjury in an Evidence given six years ago and formerly very industriously though not succesfully endeavoured to be falsified by sixteen St. Omers Youths that were produced and examined before all the Judges in the Kingdom and that not only once at Whitebread's Trial but a second time at Langhorn's Trial in neither of which would the Jury believe them because of their Religion and Education and the persons under whom they were educated who were men of known Artifice Then my Lord I would this argue If that time my Evidence were true it must be true still for Truth is always the same and if it were then true and I can prove it to be true 't will be thought a hard thing without all doubt that this should be put upon me Then my Lord I would fain know from my Prosecutors Why this Indictment of Perjury has been deferred so long Why these Witnesses that come now to testifie this matter and could then have been brought did not come before to justifie at the Trials of these persons what they now say which might have sav'd their Lives if true and had been credited Then I shall offer to your Lordship what I desire You and the Jury would please to observe That though the King's Councel are now against me yet they are also against themselves for they were of Councel for the King in those Cases particularly Mr. Sollicitor at Langhorn's Trial Sir Robert Sawyer at Sir George Wakeman's Trial They were of Councel before for the truth of my Testimony they are now against it I only mention that and pass it over But this is not the first attempt that has been made to discredit the Testimony of the Popish Plot as I told you before Now can it be supposed that the love and desire of publick Justice can be the cause of this attempt to falsifie my Evidence after so many Trials in which it has been credited and confirmed Can any thing my Lord more plainly tend to destroy and subvert the methods of Justice to frighten all Witnesses from henceforth from ever appearing to discover any Conspiracies and does it not tend to expose and vilifie the known Understanding and Justice of the late King of ever Blessed Memory to arraign the Wisdom of His Privy-Council His Great and Noble Peers His Loyal Commons in three successive Parliaments His Twelve Judges and all those several Juries that were upon those Trials Had not those Juries sense had they not honesty had they no consciences And the Judges before whom those Conspirators were try'd were they men of no Justice nor Honour nor Integrity nor Conscience nor Understanding Shall those Juries be said to have drawn the innocent Blood of these men upon their own Heads and the Nation as if I were perjur'd it must be innocent Blood that was shed upon it L. C. J. No no that goes a great deal too far Mr. Oates The Jury have no share nor the Judges neither in that Blood which was shed by your Oath Mr. Justice Withens No That is your own most certainly and not theirs Oates But this I say makes it most plain The Evidence was then true and I hope I shall make it as evidently plain 't is as true now and I do not question but upon the Evidence I shall now give both Positive and Collateral the Jury will believe me and acquit me of this foul Accusation Pray my Lord be pleased to consider that when the Jury brought in Ireland guilty of the High-Treason of which he was accused and convicted him Pickering and Grove says my Lord Chief Justice Scroggs that then was to them Gentlemen you have done like very good Subjects and very good Christians that is like very good Protestants and now much good may do them with their Thirty Thousand Masses as I shall prove he did say Then I insist in the second place That Whitebread's Conviction does reinforce the Conviction of Ireland because of the attempt by the St. Omers Witnesses to have overthrown my Evidence But since I am attaqu'd again in the same kind by the violence of the Popish Interest and by the malice of my Popish Adversaries I am contented to stand the Test with all my heart And then to conclude all I shall shew the Court That 't is in vain for the Popish Party to expect and think to wipe their mouths with Solomon's Whore and say they have done no wickedness No I question not but thousands of Protestants in this Kingdom are fully satisfied and convinced of the Truth of the Popish Plot all and every part of it Now my Lord if you please to give me leave to proceed on in my Evidence I shall beg that these Records of Conviction may be read which are my first Proof of the Consult and I shall then bring Witnesses viva voce and shall make it appear that what I did swear at those Trials was true L. C. J. Not to intetrupt you in your Defence or the method you will take for it I would put you upon that which is proper for you to apply your self to because the question now is not Whether there was a Consult or Congregation of the Jesuits here upon the 24th of April 78 but the question that toucheth you is Whether you were present at any such Consult here in London the 24th of April 78 These Gentlemen some of them do say there was a Consult and others that they heard of it and believe there was such an one because it was usual to have a Triennal Congregation for some particular purposes But the question is Whether you have sufficient proof to prove your self to be here on the 24th of April 78 at which time it is agreed of all hands there was a Consult Oates But will your
been call'd but he is not here Oates Call my Lord of Stamford Crier He is not here Oates Call Sir Francis Winnington Crier He is not here Oates Call Silas Titus Esq Crier He is not here Oates Call Sir George Treby Crier He is not here Oates Call Sir Francis Pemberton These have been all Subpoena'd Crier He is not here Oates Is my Lord Bishop of London L. C. J. Here is my Lord Bishop of London pray swear my Lord Bishop of London which was done Oates I beg your Lordship if you can would give an account of your remembrance in this matter your Lordship was often in Committees of the House of Peers about this business and from first to last you were in the Committee for further Examination of the Popish Plot And you were not only of the Committee but you also sate as a Baron in the House I humbly beg your Lordship would please to tell as far as you can charge your Memory what Reputation I had in the House of Lords where I was upon my Oath and in particular whether your Lordship remembers that I received the thanks of the House for the Service I had done for the King and Kingdom in the Discovery Mr. J. Holloway It is a long question my Lord. L. B. of London It is so my Lord but my answer will be very short for it is a very little I can remember after so great a distance of time and the transactions have been publick nor can I acquaint the Court with any thing but what is known already and that is this I remember that the Plot was discovered by him and his discovery was receiv'd as Evidence at the Barr of the House of Lords and believ'd and the thanks of the House were given him at that time for it L. C. J. There 's Sir George Treby What do you ask him but first let him be sworn which was done Oates Pray be pleas'd to ask Sir George Treby who was Chair-man of the Committee of Secrecy and was manager in the Trial of the Lord Viscount Stafford that he will be pleas'd to tell what Credit I had in both Houses upon that Trial. L. C. J. I told you before you must urge nothing of that Trial unless you have the Record-here Oates Then my Lord I desire Sir George may give an account what he knows of the correspondencies between Mr. Coleman and the See of Rome L. C. J. No that will not be any Evidence at all in this case for that is not at all here in question Oates Then my Lord I desire Sir George Treby may speak what he knows of my Credit in the House of Commons L. C. J. Ah! What says he to that Sir George Treby My Lord I can answer for nothing but my own Judgment I cannot tell what Credit he had with any particular Member of the House of Commons I do remember indeed he was there several times at the Barr but not upon Oath but as others usually are there and concerning the discovery there was a Vote all the Kingdom knows of that they were satisfied there was a Plot but whether that Vote was grounded altogether upon his Evidence or how far upon his Evidence I cannot tell nor what any Man thought of it besides my self Oates I desire Mr. Serj. Pemberton might be call'd again Crier He is not here Oates Then pray call Sir William Dolben Crier He is not here neither Oates Then I call Sir Edward Atkins Crier He is not here Oates Call Mr. Richard White Crier He is not here Oates My Lord these were all Subpoena'd but they will not come they are frighted away L. C. J. We know nothing of that they may come if they will Oates Call Mr. Thomas Cox Crier He is not here but here is Mr. White Oates I pray he may be sworn which was done I desire to know of him whether he were not a Jury man upon the Trials of Ireland and Whitebread Mr. White No I was not Oates Then I am mistaken I beg your pardon for this trouble L. C. J. Well there 's my Brother Dolben come now What say you to him Swear my Brother Dolben which was done Oates May it please you Sir William Dolben you sate as a Judge upon the Trials of Mr. Ireland Mr. Whitebread and Mr. Langhorn and I call you Sir William Dolben to give an account to my Lord and the Jury what Credit my Evidence had at those Tryals and how the Jury was satisfied with it L. C. J. There is the Verdict man that finds the Persons you speak of Guilty Oates If that be Evidence enough I am satisfied my Lord. L. C. J. Is not that better than his Opinion to show how the Jury was satisfied Ah! certainly better than the Opinion of all the twelve Judges for that point they would not have Convicted them except they had been satisfied with the Evidence Sir William Dolben Have you done with me Sir Oates I have Sir L. C. J. Have you call'd all your Witnesses or will you call any more Oates No my Lord I will call no more at present Mr. Att. Gen. Then my Lord wee 'l go on with another part of our Evidence Gentlemen you see Dr. Oates to support his Credit has given two sorts of Evidence the one is some Records of Tryals at the Old-Bayly wherein he had the good hap to be believ'd the other is several noble Persons and other Gentlemen as to the Credit he has had given to hiâ— Evidence before What they have said I shall not meddle with at all at this time but leave the Observations that are to be made thereupon till we come to summ up the Evidence for the King But as to the first part of his Evidence that is as to the Records produced and the Verdicts therein given and the Opinions of the Judges we have this to say in point of Evidence as an answer 1. We shall produce to you several Records wherein he has not been believ'd as that of Sir George Wakeman and my Lord Castlemain and not only so but we shall actually prove that he was perjur'd in them that what he swore against them was utterly false and you will hear this was not the first time that he had sworn false for â—n an Accusation that he gave at a Tryal at Hastings we shall prove he swore Buggery upon a Person which was prov'd false Oates Can you produce any such Record Mr. Attorney Mr. Att. Gen. Yes we shall L. C. J. Do not interrupt the Kings Council let them go on you shall be heard quietly in your time Mr. Hanses Nay Mr. Oates need not be so hasty to ask for the Records by degrees we shall produce Records enough against him Mr. Att. Gen. We shall prove also by the Journals of the Lords House that he did forswear himself for after he had there made a long Narrative of the Plot being askt whether he had any more to accuse than those Persons that
again where you were Mr. Att. Gen. Now my Lord we shall show the Lords Journal where it is Recorded that he swore he could accuse no body else but those that he nam'd and then we shall give an account that soon after he accus'd our present Soveraign and the Queen Dowager Mr. Soll. Gen. Where is the Clerk of the Parliament Mr. Swift Here he is Mr. Walker Mr. Att. Gen. Swear him which was done Mr. Soll. Gen. Mr. Walker is that the Journal of the House of Lords Mr. Walker Yes my Lord it is Mr. Sol. Gen. Deliver it in to the Clerk and let him read it L. C. J. Then you must direct to the time or else it will be to no purpose Mr. Swift Sir Samuel Astry pray turn to Friday the 29th of November 78. C. of Crown Reads Die veneris decimo nono Novembris 1678. Titus Oates being call'd in at the Barr desired to be heard a few words before he was sworn L. C. J. Mr. Attorney I doubt this will not be Evidence it is only a Paper of what he laid taken before the Lords but now whether that was upon Oath or no is the question nay it appears it was not upon Oath but says it was before he was sworn Mr. Att. Gen. My Lord I desire it may be read all out C. Crown Reads Titus Oates being call'd in at the Barr desir'd he might be heard a few words before he was sworn to speak to the main business which being granted to him he complain'd of the restraint he is under and being debarr'd of the liberty of his Friends coming to him and of conversing with any body in private and that no English-man ought to be restrain'd unless accus'd by one or more Witnesses and pray'd that the restraint might be taken off that he might be enabled to give his Evidence more cheerfully and that the House would be pleas'd to address to the King for that purpose and that his pardon may be renewed because he is under misprision of Treason to which the Lord Chancellour told him that the House would take his condition into consideration and then being sworn he was told by Lord Chancellour that the Lords have received an Address from the House of Commons in part upon Evidence by him given there and that the House expects he should give an account what that is which has begot such astonishment in the House of Commons as is expressed in the Address upon which Titus Oates said that in July last he saw a Letter from Sir George Wakeman L. C. J. Is this Evidence Mr. Attorney Mr. Att. Gen. My Lord the use we make of it is to prove that he did accuse the Queen L. C. J. What is the accusation of the Queen to this purpose Mr. Att. Gen. My Lord we say he had sworn several days before that he had no other persons to accuse L. C. J. You should produce that first that he swore so Mr. Att Gen. My Lord we should so I think and I thought it had been so done L. C. J. This is no Evidence for it is not upon Oath it does not say so Mr. Att. Gen. Yes it does my Lord but we will go on in order L. C. J. Come then let us see what was sworn about his having no more Persons to accuse Mr. Att. Gen. Pray Sir Samuel Astry look the 30th of October 78. C. of Crown Read Die Mercurii 30. Octobris 1678. Titus Oates being call'd in was sworn at the Barr and requir'd to answer to what he is now call'd in for concerning his discourse with the Lord Annesly last night about the Duke of York L. C. J. I doubt this will not be Evidence neither for we are now speaking only about what shall be Evidence We are not now medling with the methods of the House in their Examination of Witnesses but what is Evidence here suppose an Oath be administred to me for a particular purpose in the House of Lords that I shall answer to what is asked me concerning a discourse that I had with a third person Mr. Att. Gen. Pray Sir Sam. Astry look the next day for there my Lord he is examin'd upon the general Sir Sam. Astry Reads Die Jovis 31 of Octobris 1678. Mr. Att. Gen. But first read the latter end of the former days Proceedings beginning at those words upon consideration C. Crown Reads Upon consideration of what Titus Oates had said he was call'd in again and told by the Lord Chancellour that the House has directed he shall be heard again to morrow at Nine a Clock and the Lords do expect that by the Oath he hath now taken he should go thorow with what he hath to say and therefore he should prepare himself to deliver the whole truth of what he knows concerning the design against the Kings Person and the Government of this Kingdom L. C. J. But still Mr. Attorney we are but where we were for supposing upon my Examination upon Oath given me in the House of Lords to a particular purpose That my Lord Chancellor should tell me here my Lords intend to morrow that you by vertue of the Oath now given you should come and give them satisfaction as to other questions I doubt that would not be Evidence in Westminster-hall let us not stretch any thing further than it should be upon any account whatsoever for suppose I give you an Oath to make true answer to such questions as I shall ask you concerning what was said at the Sessions-house at such a Trial and then I come after and ask you upon the Oath you have taken what do you say concerning such a business 7 Years ago would that be Evidence Mr. Att. Gen. With submission my Lord if a Man be told he is upon his Oath to say all he knows of such a design what he says upon that Oath is Evidence L. C. J. You say very true Mr. Attorney if I give him a general Oath but what he says concerning any other matter than that particular thing which he was sworn to give an account of can never be Evidence Mr. Soll. Gen. Truly my Lord I think we need not labour in such a thing as this is L. C. J. Truly Mr. Sollicitour I think it is no Evidence at all if you can prove he was sworn to his whole Narrative and can bring any thing out of that You say something M. Att. Gen. We desire that my Lord of Berkley may be sworn which was done L. C. J. What do you ask him Mr. Att. G. Pray my Lord will you give the Court and the Jury an account whether M. Oates was not sworn to his Narrative and deliver'd in his Evidence at your Lordships Barr upon Oath L. C. J. My Lord of Berkley let me ask you this question was every thing that he gave an account of at the Barr of the Lords House given in upon Oath E. of Berkley I cannot remember that my Lord. L. C. J. It is impossible
he had nam'd and this upon his Oath he did there swear that he had no more Persons to accuse Oates That were Members of that House it was L. C. J. Sir you must be quiet till they have done Mr. Att. Gen. But soon after he bethought himself and accuses the Queen and His Royal Highness the Duke our now present Sovereign of being in the Plot. Oates What Plot did I accuse them of L. C. J. Nay you must sit down and be quiet how now will you not let the Kings Council speak you were heard quietly and so shall they be too Oates Well my Lord I will be quiet Mr. Att Gen. These things my Lord will show of what Credit he was of at that time Another thing we say to these Records is this There were two other Witnesses Mr. Clay and Mr. Smith besides those that were now produced which were the home Witnesses that did positively swear that in April and May 78. Oates was here in Town he did then indeed make use of those other canting Witnesses for I cannot call them any otherwise that beat so about the Bush and speak of uncertainties and contradict one another but those that I name Clay and Smith were home Witnesses and there lay the Credit of his being in Town when the Witnesses which came from St. Omers say he was beyond Sea Oates My Lord I beg I may ask one thing whether my Lord Bishop of London be there still L. C. J. No my Lord of London is gone Oates I am sorry for it because he could have given an account of this Smith for he knows him L. C. J. I cannot help it you should have desir'd him to stay while he was here go on Mr. Attorney Mr. Att. Gen. I will my Lord and this which I am going to say as an answer to his Evidence which will give a full answer to that other Objection which he made which was what was the Reason when he had given such an Evidence so long ago it should be delayed so long e're it was prosecuted I 'le give your Lordship a Reason and a satisfactory one till those Discoveries were made that have lately been made The Evidence these Witnesses gave carried a probability of truth in it and Sir Richard Barker himself added his Testimony to it tho he does not think fit now to come and confirm it I say hitherto it had some semblance of truth and so did ballance the other Testimony of them that came from St. Omers But when we had discover'd that it could be testified by twenty Persons that had not been at any of the former Tryals that he was certainly all that time at St. Omers and when we had discover'd the Tampering and Practices of Mr. Oates in Suborning these Witnesses to swear as corruptly as he swore at first which we shall show you palpably to be true that he did so that gave us encouragement to go on to make enquiry into the matter but this was not discover'd till half a year ago or thereabouts Now as to one of those Witnesses that is Mr. Clay the case stands thus indeed I expected he would have brought the same Witnesses he did then for I presume they are all about Town but he has not thought fit to do that This Clay was then a Priest and a Prisoner in the Gate-house for that very reason as being accused for being a Romish Priest while he was there a Prisoner Mr. Oates comes and threatens him and sollicits him to swear that he was here in Town in May 78. that he might be provided with proof against what the Boys of St. Omers as he call'd them would come to testifie and threaten'd him if he did not he would hang him for he could swear him to be a Priest and this was about three or four days before the Tryal of the Five Jesuits At length they came to a Bargain and Agreement as you will hear that he should come and swear this when Mr. Oates cannot pretend that the Evidence of Clay was known at all by any of the Committees that were concern'd in the management of his Discovery or that he was so much as though of for a Witness But we shall prove how it came to pass and I believe if Mr. Oates would call him now as I do not question he knows where to have him Clay would not be so hardy now as to affirm his former Testimony Then as for Mr. Smith his Case stands thus Mr. Oates had sworn him into the Plot as you will find in his Narrative that he gave in upon Oath which is upon Record and enter'd in the Journals of the Lords House He was a School-Master in Islington and Oates swears High Treason against him and thereupon Warrants went out to take this Smith and Mr. Oates was very violent in the pursuit of him but two or three days before the Tryal and then when all these Witnesses from St. Omers were come as he knew very well he was in some doubt his design would have fail'd and then does he prevail with Smith to become a Witness for him And 't is evident he did tamper with him from that which was done by him at that time For now he gives him under his hand to shew the Impudence as well as Villany of the man as it has been evident enough in all his carriage a Paper that should give him Authority to go free from all Process and Arrests upon any Warrants and this Protection under Mr. Oates hand is directed to all the Kings Officers thereby commanding them to take notice that this Mr. Smith whom before he had accus'd of being in the Plot was an honest man and employed in great Service for the King at that time This Paper when produc'd will show the time when it was made and then it will appear that two days after Smith comes and Swears that he din'd with him the first Monday in May in 78. This was what Smith swore then and upon my mentioning of this Practice if he have any shame in him it must put him in some confusion for we are prepar'd to prove by undeniable Testimony that Mr. Oates did not dine with this Mr. Smith that day we shall prove it by the whole Family but the first time ever Mr. Oates came there was in July after when he came into England from St. Omers which these Witnesses say was the latter end of June Then it was that he was with Mr. Smith and came to his House and not before And we shall prove by several Witnesses that upon the questions being asked of Mr. Smith how he came to testifie such a thing his answer was I must have died for it if I had not don 't 't was only a mistake in point of time But he threatned me and so did some others too that he would have me hang'd for being in the Plot if I did not comply with him and swear this for him My Lord I shall offer
this Evidence that I have open'd and then I hope we shall satisfie the Jury and all that hear this Tryal that he is one of the most notorious Villains that liv'd upon the Earth to be sure that ever was known in this Kingdom Mr. Soll. Gen. First my Lord wee 'l produce our Records where is the Record of Sir George Wakeman Mr. Swift This is the Record of Sir George Wakeman and this is a true Copy I examin'd it Mr. Soll. Gen. Pray Sir Samuel Astry read a word or two of it C. Crown Here is an Indictment against Sir George Wakeman for High Treason he pleaded not Guilty and here is an Acquittal by the Jury Mr. Att. Gen. He being acquitted I desire he may be sworn which was done Mr. Soll. Gen. Pray Sir George Wakeman was Mr. Oates sworn against you at the Tryal S. G. Wakeman Yes Mr. Sollicitor he was Mr. Soll. Gen. Do you remember what he swore against you at that Tryal S. G. Wakeman Yes I do Sir Mr. Soll. Gen. Was that true that he swore by the Oath you have taken Oates Is that a fair question I desire the opinion of the Court. L. C. J. Ah! Why not Oates He was legally accus'd he cannot swear himself off L.C. J. But he is legally acquitted to we have a Record for that here Oates Ah! My Lord he was acquitted it 's well known how Mr. Soll. Gen. Come Sir was that he swore against you at your Trial true Sir G. Wakeman 'T was false L. C. J. What do you say Sir Sir G. Wakeman 'T was false upon my Oath my Lord. Mr. Soll. Gen. What particulars did he swear against you Mr. Pollexfen Ah! Pray tell the particulars as near as you can what he swore against you Sir G. Wakeman My Lord if your Lordship please I will give a little account what he swore against me before the King and Council Mr. Soll. Gen. That will not do Sir George Wakeman we do not ask you that L. C. J. No it must be only the Evidence that was given upon this Acquittal which is the Record here produc'd before us what did he swear against you then Sir G. Wakeman He swore at that Trial as near as I can remember that I undertook for a certain Summ of Money 15000 l. as I think it was to poyson the King and I was to do it by the means of the Queen I was to provide this Poyson by for her and she was to give it to the King This he swore at my Trial which God forbid it should be true nothing can be more false L. C. J. I ask you by the Oath you have taken you are now quitted and so in no danger and being upon your Oath ought to speak the truth without malice or ill will to him that did accuse you was that he swore true or false Sir G. Wakeman False false upon my Oath I speak it without any malice against the Man in the World Mr. Att. Gen. Then swear my Lord Castlemain which was done Sir G. Wakeman My Lord I 'le be bound to make it appear that all he swore against me was false Mr. Att. Gen. And so was it he swore against my Lord Castlemain and others that were acquitted at the same time with Sir George Wakeman Mr. Soll. Gen. First read the Record of my Lord Castlemain's Acquittal C. Crown Here is the very Record it self It was in this Court my Lord Castlemain was Indicted of High Treason and Tried and Acquitted Mr. Att. Gen. My Lord Castlemain pray what did Oates swear against you at your Trial and pray tell the Court whether that was true or false E. of Castlemain My Lord as near as I remember Mr. Oates did swear at my Trial that he met me in Lincolns-Inn-fields and that he went with me somewhere to Mr. Fenwicks Chamber in Dukes-street in Covent-garden where he said I did talk a great deal of Treason and a great discourse of that kind he said there was and he swore that I was in several Cabals in relation to the Kings death I was afterwards acquitted by the Jury that Tri'd me as appears by the Record and here I do declare as in the presence of God and with all the Imprecations of divine vengeance to fall upon me if I speak any thing but the truth that not only that which he swore was false but that I never had any thoughts in my heart much less did ever declare in my words of any injury or hurt against the late King And besides that I never saw the face of Oates in my life till after I was put in Prison upon his accusation of me Oates My Lord I desire to know what Religion that Noble Lord is of E. of Castlemain I am a Roman Catholick my Lord. L. C. J. We all know what Religion my Lord is of you need not ask that question Oates That 's not the point my Lord I must have declar'd in Evidence L. C. J. I wonder to see any Man that has the face of a Man carry it at this rate when he hears such an Evidence brought in against him Oates I wonder that Mr. Attorney will offer to bring this Evidence Men that must have malice against me L. C. J. Hold your Tongue you are a shame to Mankind Oates No my Lord I am neither a shame to my self or Mankind what I have sworn is true and I will stand by it to my last breath and seal it if occasion be with my Blood L. C. J. 'T were pitty but that it were to be done by thy Blood Oates Ah! Ah! my Lord I know why all this is and so may the World very easily too L. C. J. Such impudence and impiety was never known in any Christian Nation Oates But this will not do the work to make the Plot to be disbelieved things are not to be done by great noises I will stand by the truth L. C. J. Can you think to out-face such Evidence as this with your Impudence Oates But I hope you 'l give me leave to make my defence L. C. J. Then carry your self as becomes you in the Court. Oates My Lord I will do so L. C. J. If you do not we know how to make you do it you shall not think to Domineer here Oates My Lord I hope I do behave my self as I ought L. C. J. No You do not Oates Ill Language may provoke any Mans Passion my Lord. L. C. J. Keep your self within bounds and you shall be heard but we 'll suffer none of your Extravagancies Oates My Lord If I had been aware of this I could have produc'd Evidence that would have supported my Testimony in these matters L. C. J. Go on with your Proofs Mr. Attorney Mr. Attorney We will do so my Lord. E. of Castlemain Have you done with me Sir L. C. J. Have you any other questions to ask my Lord Castlemain Mr. Att. Gen. No my Lord. L. C. J. Then your Lordship may fit down