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 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
of Record in the House of Lords L. C. J. But that we are not to take notice of without the Record be brought in Evidence before us we must go according to the course of Law in all Cases Oates Then my Lord I must betake my self to another part of my defence and that is to prove the frequent attempts made to baffle the Discovery of this Popish Plot and to stifle the Murder of Sir Edmundbury Godfrey and to fling it upon a Protestant Peer L. C. J. But that is no Evidence neither Mr. Just Holloway Surely that is very Collateral Evidence L. C. J. Nay it is no Evidence at all in this Case we must not admit of any such Evidence to be given Oates Good my Lord if this had not been true which was sworn by Witnesses that had discovered the Plot why should these Men appear to suborn Witnesses and they have been Convicted of Subornation and endeavouring to baffle the Discovery particularly as to Justice Godfrey's Death L. C. J. Mr. Oates I must keep you to Evidence that is proper we are upon our Oaths to go according to Law and the Jury are upon their Oaths to Try this Cause according to their Evidence and we are bound to give them this advice in point of Law that nothing must weigh or have any consideration with them that you offer if it be not legal and proper Evidence if you can say and prove that any of the Witnesses that have been produc'd this day against you have been tamper'd with or that they have tamper'd with any of the former Evidence that is a good Evidence against them but it must not be by any means admitted that the time of the Court be taken up or the Jury enveigled by that which has not a natural tendency to the business before us Oates But if your Lordship please this Consult in April 78. was discovered to the House of Commons among the other parts of the Discovery of the Treasons of several Noble Men and Gentlemen now upon the whole discovery of the Plot I would desire that I might give in proof the Proceedings of the House of Commons L. C. J. No no you cannot Oates Pray my Lord is not the Journal of the House of Commons Evidence L. C. J. No we say it is not at all Oates Is that the Opinion of the whole Court my Lord L. C. J. Yes undoubtedly there is no question of it Oates Is any Record of the House of Lords Evidence L. C. J. Yes I tell you it is and that because it is a Record but there is a vast difference between the Records of the House of Lords and the Journals of the House of Commons Oates The Journals have been delivered in as Evidence before now L. C. J. I cannot tell what they have been but I am sure they ought not to be and whatever they have been elsewhere they cannot be here and I 'le tell you a plain reason for it because they have not so much power in the House of Commons as to give an Oath but the House of Peers is a Court of Record and therefore their Proceedings are Evidence as the Proceedings of the Kings Bench here or any other Court of Record are Oates Then my Lord if that part of my Evidence be over-rul'd before I come to summ up my Evidence I desire to offer this thing My Lord I can produce several Members of the House of Commons in the several Parliaments that can remember how they proceeded against the Lords in the Tower and the Popish Traitors upon my Discovery and what credit I had in the House of Commons Will that be Evidence pray my Lord L. C. J. No it will not if you will produce any one that you told this to before the publick Discovery that may be Evidence such as it is and is often allow'd but what the House of Commons did upon the Discovery that 's not any Evidence at all Oates Then my Lord suppose I can prove that I gave an Early and Timely account to any of the House of Lords of this Conspiracy and did acquaint them with the Consult in April as part of it I desire to know whether in producing any of those Lords I shall give that which is Evidence L. C. J. Call whom you will that you told any thing to that is a sort of Evidence I tell you Oates Then I call my Lord of Devonshire L. C. J. Here is my Lord of Devonshire Oates My Lord I beg your pardon for the trouble I put your Lordship to but your Lordship sees the necessity of it it is for the justification of the Truth to which I will give my Blood for a Seal if I be call'd to it L. C. J. My Lord of Devonshire your Lordship must be sworn which was done Oates Will your Lordship be pleased to acquaint the Court and the Jury your Lordship being at that time a Member of the Commons House what an account I gave there of this particular Consult to keep to that point that is here in question before the Court this day and with what credit I was received in all these Parliaments for my Credit and the Credit of the Parliament is now in question E. of Devonshire My Lord all I can say to it is this you Mr. Oates gave a long account of a Consult and Conspiracy among the Jesuits but I cannot remember any particular it is so long ago L. C. J. Every Body knows this you gave a long Narrative into the House of Commons and House of Lords too Oates Ay and it was a true one but my Lord of Devonshire I desire your Lordship would be pleased to give the Court and the Jury an account with what credit I was received in those Three Parliaments your Lordship sat as Member in E. of Devonshire I remember that the two Westminster Parliaments after the long Parliament were so satisfied with the Discovery that they passed a Vote in the House of Commons L. C. J. The Votes of the House of Commons are no Evidence at all Oates They show what opinion the Parliament was of L. C. J. Many Votes that have been made of late I hope will neither be Evidence for nor put in practice again E. of Devonshire My Lord it is well known to all the World the Vote I speak of L. C. J. Nay my Lord I speak not to your Lordship for we all know those Votes that I speak of were not according to your Lordships mind But we only say thus in General that because the House of Commons cannot give an Oath therefore what is done there is not an Evidence here or in any Court of Record Oates But my Lord that I must urge I do perceive that in the time of Parliament and during the Sitting of the House of Commons Votes have been brought in as Barrs to the Proceedings of Inferior Courts and this Court does not look upon it self as Superior to the Great Court of
determine my own Right now in this point and I insist upon it and demand it L. C. Justice It may be presently you 'll tell us we have no right to judge of it Oates Yes my Lord you have but I hope I have right to urge it L. C. Justice Urge what you will that is to the purpose but then you must keep to the matter in hand and not make such idle Excursions as these are Oates I will keep to the matter my Lord if you will hear me L. C. Justice So you shall we 'll make you keep to the matter or we will not hear you at all Do not think your Impudence shall storm us out of our Senses Oates My Lord I do insist upon it that these mens Religion is an exception to their Testimony and a Papist is not a good witness in a Cause of Religion and I desire I may have leave to argue that as a Point of Law in my own defence L. C. Justice No Sir it is no point of Law at all Oates Then I appeal to all the hearers whether I have Justice done me L. C. Justice What 's that why you Impudent Fellow do you know where you are you are in a Court of Justice and must appeal to none but the Court and the Jury Oates I do appeal to the hearers L. C. Justice Take him away there if you will not behave your self as you ought I can assure you the Court will do what they ought to do and stop your mouth Oates What you please my Lord I must make my own defence as well as I can L. C. Justice You are here in Judgment before us and are to appeal to us we 'll suffer none of your Common-wealth appeals to your Mobile keep within the Bounds of Decency and say what you can for your self Oates My Lord this I move to the Court as one of my Objections to this Evidence given against me That their Religion makes them no good witnesses especially in this Cause L. C. Justice I tell you that is nothing to the purpose what their Religion is Mr. Just. Holloway Mr. Oates we come not here to dispute Points of Religion we come to try a bare matter of Fact whether you are perjured or no. L. C. Justice I tell you a Papist is a good witness without a Legal Exception Mr. Just Withens 'Pray' Mr. Oates is not a Papist as good a witness as a Dissenter Oates My Lord Cook would not admit a Papist to be a good witness in any Cause Mr. Just Withens How not in a Cause of Meum and Tuum Oates No my Lord not in any Cause between Party and Party L. C. Justice Where is that Opinion Oates I 'll cite you the Case if you please my Lord. L. C. Justice 'Pray' let us hear it Oates It is in Bulstrod's Reports the Second Part 155. A Popish Recusant is not to be admitted a witness between Party and Party Mr. Just Withens May a Presbyterian be a good witness Mr. Oates Mr. Just Holloway Or would Mr. Colledge have been a good Witness Mr. Oates Oates I tell you this was my Lord Cook 's practice L. C. Justice You have our Opinion and be satisfied with it That Book says it was my Lord Cook 's practice and we think if that was his practice his practice was against Law Oates Then another thing I object to their Testimony is their Education L. C. Justice That 's no Objection at all neither Oates My Lord they are bred up in a Seminary against Law and for which their Friends are to be punished L. C. Justice So is every man living that 's bred a Dissenter bred up against Law Oates My Lord I have not offered any Dissenter as Evidence for me L. C. Justice No they are all no doubt of it very good People Good-wife Mayo and her Companions excellent Protestants without all question Oates My Lord I humbly offer a Statute to your Lordship And that is Law sure L. C. Justice Yes a Statute is Law What Statute is it Oates It is 27º of Eliz. Cap. 2. The Law says there L. C. Justice Come we will see what the Law says Read the Statute he speaks of Cl. Crown It is Intituled an Act against Jesuits Priests and other such like disobedient Persons Oates My Lord I desire That the Preamble of the Act may be read Cl. Crown Whereas divers Fersons called and professed Jesains Seminary Priests and other Priests which have been and from time to time are made in the Parts beyond the Seas by or according to the Order and Rites of the Romish Church have of late come and have been sent and daily do come and are sent into this Realm of England and others the Queen's Majestie 's Dominions L. C. Justice This is nothing to this Business before us at all Mr. Justice Withens Does this Statute say they are no good witnesses Oates They own themselves to be Educated at St. Omers and that is against this Law expresly L. C. Justice What then Do they own themselves to be in Orders Jesuits and Priests Then you might say somewhat to them upon this Law but do not spend our time in such Trifles Oates I do not spend your time in Trifles my Lord. It is my Defence L. C. Justice Mr Attorney do you go on for we will not sit here to spend our time for nothing Oates 'Pray' my Lord let me but shew this I only propose one Statute more to your Lordship's Consideration L. C. Justice You may propose to read the whole Statute Book Oates 'Pray' my Lord hear me out L. C. Justice Speak then to the Business in hand Oates It is the Statute made in 3d. King Charles the First Chap. 2. L. C. Justice It is nothing to the purpose Oates I am advised 't is very material for me L. C. Justice I tell you it is not and we 'll not let your importunity prevail upon us to spend our time for nothing There has been a great deal of time spent to no purpose already Oates Then if you will over rule it my Lord L. C. Justice We do over-rule it For it signifies nothing to this purpose Oates 'Pray' my Lord be pleased to give me leave to offer their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promoting of the Cause L. C. Justice That is no Evidence neither Oates This is very hard in such a Case as this L. C. Justice No It is not hard that what is no Evidence in Law should not be suffered to be given in Evidence Oates It is Evidence against the poor Dissenters my Lord. L. C. Justice Indeed Sir It is not Evidence against any one body in the World if you will take my word for it if you will not I cannot tell how to help it Oates Then I offer you one thing more my Lord and that is what was said and done in the Case of the Earl of Shaftsbury when