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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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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
in a Family Lord Ch. Justice Was there any body else there Mrs. Mayo There were two of the Daughters and they could all come and testifie the same thing Lord Ch. Justice Where are they and what is become of them why are they not here Mrs. Mayo They are living in Lincolnshire my Lord I think Lord Ch. Justice What else have you more to say Mr. Att. Gen. Pray Mrs. Mayo let me ask you a question What colour'd Cloaths had he on when you faw him first Mrs. Mayo He had a whitish Hat and colour'd Cloaths Mr. Sol. Gen. What time of the day was it you saw him Mrs. Mayo In the morning Lord Ch. Justice Did he go publickly Mrs. Mayo Yes he went publickly Mr. Sol. Gen. Did he come often to the house Mrs. Mayo He was there frequently my Lord. Mr. Sol. Gen. Then it seems he was so disguis'd that he could walk publickly in the streets of London at Noon-day and was frequently in the Family Mrs. Mayo Yes my Lord. Lord Ch. Justice Now tell me who was in the Family Mr. Att. Gen. Mrs. Mayo Lord Ch. Justice Pray give me leave to ask her the question Who was there at that time Mrs. Mayo Sir Richard Barker's Ladies Sister Madam Thurrel and his two Daughters and two of his Kinsmen and two of the Servants one is here a Witness now Lord Ch. Justice Who is that that is a Witness now Mrs. Mayo One that belongs to Sir Richard Barker and the other is now dead those two Kinsmen are dead Lord Ch. Justice What is become of the two Daughters say you Mrs. Mayo They are in Lincolnshire as I take it my Lord. Lord Ch. Justice When did you hear from them Mr. Att. Gen. My Lord it is half a year ago almost since Mr. Oates had notice of this Trial. Lord Ch. Justice Where is Sir Richard Barker himself Mrs. Mayo I was with Sir Richard Barker and he purposed to have come hither but being a crazy man and ancient it seems he could not and desir'd to be excus'd for he had a bad night and was not well but he desired that the Court should know if he were well he would be there Mr. Att. Gen. Were you sworn at a former Trial about this matter Mrs. Mayo Mrs. Mayo Yes Sir I was Mr. Att. Gen. Do you remember what you swore then Mrs. Mayo The same I do now Mr. Att. Gen. Then I ask you this question How long before Whitsuntide was it that you saw Mr. Oates at Sir Richard Barker's Mrs. Mayo A pretty while before twice Oates Mrs Mayo I 'll put you a fair question Whether or no it might not be a fortnight before Whitsuntide you think Mrs. Mayo The last time I saw you was a week before Whitsuntide Lord Ch. Justice How can you tell it was but a week Mrs. Mayo 'T was but a week because at that time I had sent the Boy for the Woman to scowr and wash there Lord Ch. Justice Was that the last time you saw him Mrs. Mayo Yes I saw him several times before and it was all before Whitsuntide Lord Ch. Justice How long before that was the first time that you saw him Mrs. Mayo He would be away for three or four days and come again Lord Ch. Justice But how long before the last time was the first time you saw him Mrs. Mayo He came still to and again Lord Ch. Justice When was the time that you saw him next before the week before Whitsuntide which as you say was the last time you saw him Mrs. Mayo I am not able to say that Lord Ch. Justice Did you believe it was within the compass of a week before Mrs. Mayo To the best of my remembrance it was Lord Ch. Justice When was the first time you saw him Mrs Mayo 'T was in the beginning of May. Lord Ch. Justice You said at first it was the latter-end of April Mrs. Mayo Pray my Lord let me a little think I am unwilling to be mistaken I would say nothing but the Truth Lord Ch. Justice No I would not have thee but for Gods sake let us have the Truth that is that we look for Mrs. Mayo I say the Coach-man saw him there as well as I and he can tell you better than I. Lord Ch. Justice But I ask you this question positively Was it in May or April Mrs Mayo To the best of my remembrance it was the beginning of May Lord Ch. Justice Was it within a week of May Mrs. Mayo I believe it was I cannot tell exactly to a day Mr. Sol. Gen. Was it so or not Mrs Mayo I cannot be positive to a day it is now six years time since I was first examin'd about it Mr Att Gen But you can remember what you swore then can't you Mrs Mayo I declare it I speak not a syllable but I will aver to be true before the great God Mr. Sol. Gen Can you swear it was within the first seven days of May Lord Chief Justice You see Mr. Sollicitor she says she cannot Mr. Att Gen Did not you say at that Trial that you did never see his face till a week before Whitsuntide or a little after Mrs. Mayo I did swear the same that I do now to the best of my remembrance that is the Truth Mr Att Gen But did you not swear so Mrs Mayo I never saw him before that first time he came to Sir Richard Barker's and after the last time that he came I saw him not till after the Plot was discovered Mr. Sol. Gen. How long was that after he had been at your Masters horse Mrs. Mayo It was a good while I cannot tell how long Lord Ch. Justice Was it within a month or two months Mrs. Mayo It was more my Lord. Lord Ch. Justice Where was Sir Richard Barker at that time Mrs. Mayo He was at Putney Lord Ch. Justice Then he did not see him Mrs. Mayo Not then he did not Lord Ch. Justice Did he afterwards Mrs. Mayo Yes he did see him afterwards Lord Ch. Justice How long afterwards was it Mrs. Mayo I can't tell how long afterwards it was my Lord. Lord Ch. Justice About what time was it Mrs. Mayo After the Plot was discovered he was up and down in the Family Lord Ch. Justice You never knew Mr. Oates before that time he came in a Disguise and you did not know him then but as they told you it was he Mrs. Mayo No I did not but as they told me then and this is the man I 'll swear it Oates Call John Butler Crier Here is John Butler Oates Swear him which was done My Lord if you please I will propose my questions to your Lordship and my first question is this I pray your Lordship would ask him Whether he gave in any Evidence at the Five Jesuits Trial or Langhorn's Trial about my being in Town in April or May 78 Lord Ch. Justice Did you give any Evidence at the Five
L. C. J. You must not ask questions in that manner It is properest for you to propose your questions to the Court and they will ask the Witnesses Oates Then I will not ask him but propose it to your Lordship L. C. J. Ay propose what questions you please and if they are fair I 'le ask them Oates Then my Lord I would ask Mr. Walker this question when 't was he met me with a disguise in what year and what month Mr. Walker My Lord I have been interrogated in former times upon this point six or seven years ago and I do confess I did see the man and met him between St. Martins-lane and Leicester-fields and truly my Lord I think I may say it was my unhappiness to meet with him for I have had a great deal of trouble by it since Subpoena upon Subpoena trouble after trouble that I am even weary of it for I am an old man but I do say I did meet him at that end of the Town between St. Martins-lane and Leicester-fields in a strange disguise he was just like a Vagrant a very Rascal and that 's true I believe my Lord. Mr. Att. Gen. Did you know him before Mr. Walker Yes or I had not known him then L. C. J. When was this Mr. Walker My Lord I 'le tell you my Lord Chief Justice Scroggs when I was at the Old-Bayly asked me if I knew what time it was I saw him thus said I my Lord 't is almost a year and a half since I saw him and I being an old man little thought it worth the while to lay up the particular time in my Memory but I 'le cast about in my thoughts to make the best conjecture I can for now I will not be upon my Oath it being but conjecture L. C. J. But now you are upon your Oath remember that man Mr. Walker My Lord I am speaking what I said to the Court at that time L. C. J. Pray do not tell us an old tedious Story of the questions and answers in the Old-Bayly but mind what is said to you here my question is now what time you saw Oates disguised between St. Martins-lane and Leicester-fields as you say you did Mr. Walker My Lord I cannot prescribe the time but I 'le guess as near as I can with the best probability and that is upon this circumstance when I went forward into Leicester-fields in the Court before the House I saw the Elm-Trees budded forth as big as an Hazle-Nut so that I did conjecture by that Token it might be between Lady-day the latter end of April that was the time as near as I could guess L. C. J. In what year was that Mr. Walker I cannot very well tell what year it was L. C. J. Was it in 77 or 78. Mr. Walker Truly my Lord I never thought it worth so much taking notice of to fix the particular time in my memory Oates Whether was it that year the Plot was discovered or the Michaelmass following Mr. Walker I cannot tell when the Plot was discovered or whether it be found out yet or no Oates But was it the year before you were Examined Mr. Walker To aswer you Mr. Oates when it was exactly I cannot say truly I would give you the best satisfaction I could and do you as much right as I would do my self I think if that time when I was Examined were in 77 or 78 it was near a year and a quarter before I did see you L. C. J. Well what can you make of this Oates 'T is not to be supposed he is a very willing Witness but yet he says 't was a year and a quarter before the Trial in which he was Examined which must be in April 78. L. C. J. I would know this question of you were you present at the Old-Bayley when the Five Jesuits were Tried Mr. Walker I was there my Lord. L. C. J. Were you at any Trial but one Mr. Walker I was not Examin'd at any time but one L. C. J. Have you any more questions to ask him Mr. Walker My Lord Chief Justice that then was did ask me if I knew any of the Prisoners at the Bar and I look'd upon all of them and I said I knew not either of them Oates Pray my Lord ask him whether he was not produc'd when the St. Omers Men were produc'd and gave his evidence as to my being in Town at that time L. C. J. He hears the Question let him answer it Mr. Walker I am not able to answer you because you put several Questions together but this I say I was never Examined but once though I have been Subpoena'd often to my great torment and trouble Oates Did you give Evidence at that Trial that you saw me in April 78 Mr. Walker I testified that I saw you and by such circumstances it must be about such a time as well as I could suggest but I could not nor cannot speak positively Oates Now my Lord I shall go on to another part of my Evidence and call some other Witnesses and first of all I come to Mr. Serjeant Maynard and I desire he may be sworn Which was done L. C. J. What do you ask my Brother Maynard Oates I call Mr. Serjeant Maynard to give an account of the Proceedings of the House of Commons upon my Discovery of the Popish Plot. L. C. J. We will not admit that to be any Evidence at all nor can it be by Law Oates My Lord Mr. Serjeant Maynard was one of the Committee of the House of Commons that managed the Impeachment and can give an account of the Evidence and Records that were produc'd at the Trial of the late Viscount Stafford Mr. Serj. Maynard I know nothing truly nor can remember any thing of it now L. C. J. He says he remembers nothing Mr. Serj. Maynard If Mr. Oates had told me before hand when he Subpoena'd me what time and what particular things he would have Examin'd me to probably if I was there I have Notes that I then took but I can never swear to my Memory for any Cause so long ago Oates My Lord I am very sorry Mr. Serjeant Maynard's Age should so impair his Memory L. C. J. I dare say you are not more sorry than he is for his Age. Oates Well my Lord I cannot help it Then I desire Mr. Blayney may be ak'd whether he has his Notes of my Lord Stafford's Trial. Mr. Blayney No my Lord I have them not here Mr. Oates by his Ticket of his Subpoena desir'd only the Notes of Ireland Whitebread and Langhorns Trial. L. C. J. But I must tell you Mr. Oates if those Notes were here they could be of no use to you without the Record of my Lord Stafford's Attainder if you ask any thing upon another Trial you must produce first the Record of that Trial and then you may examine to what was given in Evidence at the Trial. Oates My Lord it is
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 hi● 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 ●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