Die Sabbati 9º Maij Anno Domini 1685. IN BANCO REGIS Dominus Rex versus Oats THIS Day being appointed for the Tryal of the Other of the Causes between our Sovereign Lord the King and Titus Oates for Perjury The same began about Nine in the Morning and proceeded after this manner First Proclamation was made for Silence Then the Desendant was called who appearing in Person was advised to look to his Challenges But he challeng'd none only he desir'd that they might be all ask't Whether they were of the Grand Jury that found the Bill which was done And all denying it the Twelve sworn were these Jurors Sir Thomas Vernon Knight Nicholas Charleton Esq Thomas Langham Esq Thomas Hartop Francis Griffith John Kent George Toriano Henry Loades John Midgley John Pelling Thomas Short And George Peck Clerk of the Crown Gentlemen You that are sworn Hearken to the Record Memorandum That by a certain Inquisition for our Soveraign Lord the King at the Guild-Hall of the City of London and within the same City on Tuesday the 28th of October in the 36th 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. before Sir Henry Tulse Knight Mayor of the City of London Sir William Turner Knight and Sir James Edwards Knight Aldermen of the said City Sir Thomas Jenner Knight one of His Majesties Serjeants at Law and Recorder of the same City Sir Robert Jeffries Knight and Sir John Peake Knight other Aldermen of the said City and others their Companions Justices of our said Lord the King by His Majesties Letters Patents under the Great Seal of England to Enquire of several Offences in the said Letters Patents Contain'd and to hear and determine the same according to the Laws and Customs of this Kingdom by the Oaths of 12 Jurors Honest and Lawfull Men of the City of London aforesaid Who then and there being then and there Sworn and Charged to Enquire for our said Soveraign Lord the King and the Body of the said City upon their Oaths present THat at a certain Session of our said Lord the King holden for the County of Middlesex at Hicks's-Hall in St. Johns Street in the County aforesaid on Monday to wit the 16th day of December in the year of the Reign of 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. the 30th before Sir Reginald Forster Baronet Sir Philip Mathews Baronet Sir William Bowles Knight Sir Charles Pittfield Knight Thomas Robinson Vmphrey Wyrley Thomas Harriot and William Hempson Esquires Justices of our said Lord the King to enquire by the Oaths of Honest and Lawfull Men of the County of Middlesex aforesaid and by other wayes manners and means whereby they might or could better know as well within Liberties as without by whom the Truth of the Matter might be better known and enquir'd of concerning all Treasons and Misprisions of Treasons Insurrections Rebellions Counterfeitings Clippings Washings False making and other Falsifying of the Moneys of this Kingdon of England and of any other Kingdoms and Dominions whatsoever and of all Murthers Felonies Man-slaughters Killings Burglaries and other Articles and Offences in the Letters Patents of our said Lord the King to them or any four or more of them thereupon directed specifyed 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 to hear and determine the same Treasons and other the Premisses according to the Law and Custom of this Kingdom of England assigned by the Oaths of Ralph Wain John Vaughan Richard Foster Thomas Paget Robert Newington Henry Tompkins Robert Hayes John Greenwood Peter Stinyeson Josiah 〈◊〉 Richard Richman Augustine Bear John King Nathanael Brit Francis Fisher Edward Foster and Samuel Lynn Honest and Lawful Men of the County aforesaid sworn and Charg'd to Enquire for our said 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's 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 same Parish and County Clerk Thomas Pickering late of the Parish aforesaid in the County aforesaid Clerk and John Grove late of the Parish aforesaid in the County aforesaid Gentleman As false Traytors against the most Illustrious and most Serene and Excellent Prince our said late Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. their Supream and Natural Lord not having the Fear of the Lord 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 due and Natural Obedience which True and Faithful Subjects of our said Lord the King towards him our said Lord the King should and of right ought to bear utterly withdrawing and contriving and with all their might intending the Peace and common Tranquillity 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 Sedition and Rebellion within this Kingdom of England to move stir and procure and the Cordial Love and true and due Obedience with true and faithful Subjects of our said Lord the King towards him the said Lord the King should and of right ought to bear utterly to withdraw put out and extinguish and our said Sovereign Lord the King to Death and final Destruction to bring and put the 24th of April in the 30th Year of the Reign of our said late Sovereign Lord Charles the Second at the Parish of St. Giles's in the Fields aforesaid in the County of Middlesex aforesaid falsly maliciously subtily 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 amongst the Subjects of our said Sovereign Lord the King to procure and cause and our said Lord the King from the Regal State Title Power and Government of his Kingdom of England wholly to deprive depose cast down and disinherit and him our said 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 in the same Kingdom rightly and by the Laws of the same Kingdom Established at their Will and Pleasure to change and alter and the State of this whole Kingdom of England through all its Parts well Instituted and Ordained wholly to subvert and destroy and War against our said Lord the King within this Kingdom of England to Levy And to compleat and
perfect the same their most wicked Treasons and Trayterous Imaginations and purposes aforesaid they the aforesaid Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors to the Jurors unknown the aforesaid 24th day of April in the 30th Year aforesaid with Force and Arms c. at the Parish of St. Giles in the Fields aforesaid in the County of Middlesex aforesaid Falsely Maliciously Subtilly Advisedly Devillishly and Traiterously did Assemble themselves Unite and Congregate and then and there falsly maliciously subtilly advisedly devillishly and traiterously did Consult and Agree our said Sovereign 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 establisht to the Superstition of the Romish Church to change and alter And the sooner to compleat and perfect the same their most Wicked Treasons and Trayterous Imaginations and purposes aforesaid the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors of our said late Lord the King to the Jurors unknown afterwards to to wit the same 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid Falsely Subtilly Advisedly Maliciously Devillishly and Trayterously between themselves did conclude and agree That they the said Thomas Pickering and John Grove Him our said late Lord the King should Kill and Murder and that they the said Thomas White otherwise Whitebread William Ireland John Fenwick and others 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 Oaths aforesaid did further present That the said Thomas Pickering and John Grove upon the agreement aforesaid then and there falsely subtilly advisedly maliciously devillishly and trayterously did take upon themselves and to the same Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traytors against our said Lord the King to the Jurors aforesaid unknown then and there falsely subtilly advisedly maliciously Devillishly and Trayterously did promise that they the said Thomas Pickering and John Grove him our said late Lord the King would Kill and Murder And that they the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Traytors against our said Lord the King unknown afterwards to wit the same 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly and trayterously did give their faith each to 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 Lord the King Trayterously to kill and murder and the Romish Religion within this Kingdom of England to be used to Introduce and the true Reformed Religion within this Kingdom of England rightly and by the Laws of the said Kingdom Establisht to alter and change And that the said Thomas Pickering and John Grove in Execution of the Trayterous agreement aforesaid afterwards to wit the same 24th day of April in the 30th year aforesaid and diverse days and times after at the aforesaid Parish of St. Giles in the Fields in the County aforesaid Muskets Pistols Swords Daggers and other offensive and Cruel Weapons him the said late Lord the King to kill and murder falsely subtilly advisedly maliciously devillishly and trayterously did prepare and obtain had and kept for themselves and that they the said Thomas Pickering and John Grove afterwards to wit the same 24th day of April in the 30th year aforesaid and diverse days and times after with Force and Arms c. at the Parish aforesaid in the County of Middlesex aforesaid and in other places within the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly and trayterously did lye in wait and endeavour our said late Lord the King Trayterously to kill and murder and that the said Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traytours to the Jurors aforesaid unknown afterwards to wit the same 24th day of April in the 30th year aforesaid at the Parish aforesaid in the County of Middlesex aforesaid falsely subtlely advisedly malicitiously and Trayterously did prepare perswade excite abate Comfort and Counsel four other persons to the Jurors unknown and Subjects of our said Lord the King him our said late Lord the King Trayterously to kill and murder against the duty of their Allegiance against the peace of our said Lord the King his Crown and dignity and against the forme of the Statute in such Case made and provided and thereupon it was so far proceeded that afterwards at the Court of Goal-delivery of our said Lord the King at Newgate at Justice Hall in the Old Bayly in the Suburbs of the City of London in the parish of St. Sepulchre in the Ward of Faringdon without London the 17th day of December in the 30th Year aforesaid before the Justices of the said Lord the King of the same Goal-delivery then and there held by Adjournment of the County of Middlesex aforesaid came the said William Ireland Thomas Pickering and John Grove under the Custody of Sir Richard How Knight and Sir John Chapman Knight Sheriff of the County of Middlesex aforesaid into whose Custody for the Cause aforesaid they were before committed Being brought to the Bar there in their proper Persons and presently being severally asked concerning the Premises above Charged upon them how they would acquit themselves the aforesaid William Ireland Thomas Pickering and John Grove did severally say That they were not thereof Guilty and for the same for good and bad they did severally put themselves upon the Country and by a certain Jury of the Country in that behalf duly Impanneld 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 Lord the King and the said William Ireland Thomas Pickering and John Grove at London aforesaid to wit at the Justice-Hall in the Old-Baily aforesaid in the Parish of St. Sepulchre in the Ward of Faringdon without London aforesaid The Defendant Titus Oates late of the Parish of St. Sepulchre aforesaid in the Ward aforesaid Clerk was produced as a Witness on the part of the said late Lord the King upon the Tryal aforesaid and before the said Justices of Goal-Delivery in the Court aforesaid then there held upon the Holy
Gospels of God was duly sworn to speak and testify the Truth the whole Truth and nothing but the Truth of and in the Premises between our said Lord the King and the said William Ireland Thomas Pickering and John Grove And that the said 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 give in Evidence to the Jurors of the Jury aforesaid then and there sworn and Empannel'd to try the Issue aforesaid between our said late Lord the King and the said William Ireland Thomas Pickering and John Grove That the said William Ireland in the Indictment aforesaid mentioned was in Town within the Cities of London and Westminster or the places adjacent to the said Cities meaning upon the first or second day of September in the Year 1678. Whereas in Truth and indeed the said William Ireland in the Indictment aforesaid mentioned was not in Town nor within the Cities of London or Westminster or the Places adjacent to the same Cities or either of them upon the first or s cond day of September in the Year 1678. And so the aforesaid Titus Oates the aforesaid seventeenth day of December in the Thirtieth Year aforesaid at the Justice-Hall aforesaid in the Court aforesaid upon the Trial 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 Act and Consent and of his most wicked mind falsely voluntarily and corruptly in manner and form aforesaid did Commit Voluntary and Corrupt Perjury And the Jurors aforesaid last sworn to enquire for our said Lord the King and the body of the City of London aforesaid upon their Oathes aforesaid doe further present That at another Session of our said late Lord the King held for the County of Middlesex at Hickes's Hall in St. Johns street in the County aforesaid on Thursday to wit the 12th day of June in the 31st year of our said late Lord King Charles the second before Sir Phillip Mathews Baronet Sir Thomas Orby Knight and Barronet Sir William Pulteney Knight Sir William Bowles Knight Thomas Robinson Thomas Harriot Esquires and others their Companions by Letters Patents of our said late Lord the King to the same Justices aforenamed and others and to any four or more of them under the Great Seal of our said late Lord the King made to enquire by the Oaths of good and Lawful Men of the County of Middlesex aforesaid and by all other wayes manners and means by which they might or could better know as well within Liberties as without by whom the truth of the matter might be best known and enquired of all Treasons Misprisions of Treason Insurrections Rebellions Counterfeitings Clippings Washings False-making other Falsifyings of the Mony of this Kingdom of England and of other Kingdoms Dominions whatsoever of all Murders Felonies Man-slaughters Killings Burglaries Rapes Meetings and unlawful Conventicles Speakings of Words Combinations Misprisions Confederacies false Allegations Trespasses Riots Routs Retainers Escapes Contempts Oppressions and of other Articles and Offences in the same Letters Patents of our said Lord the King specified As also the Accessaries of the same within the County aforesaid as well within Liberties as without by whomsoever howsoever had done perpetrated or committed of other Articles Circumstances concerning the Premises howsoever and the same Treasons and other the Premises to hear and determine according to the Law and Custom of this Kingdom of England being assign'd by the Oaths of Henry Ashurst Esquire Edward Gavell John Radford John Warral William Hanmar Robert Pritchard John Tredder Gilbert Vreweyn David Collivex Abraham Harrison Charles Morgan Philip Trehearn John Collier Robert Whiterod William Webb Thomas Edwards and Abraham Tillent honest and lawful Men of the County aforesaid Sworn and Charged to enquire for our said Lord the King and the Body of the County aforesaid upon their Oaths it was presented That Thomas White late of the Parish of St. Giles in the Fields in the County of Middlesex Clerk otherwise called Thomas Whitebread late of the Parish aforesaid in the County aforesaid Clerk John Fenwick late of the Parish aforesaid in the County aforesaid Clerk William Harcourt late of the Parish aforesaid in the County aforesaid Clerk otherwise called William Harrison late of the Parish aforesaid in the County aforesaid Clerk John Gaven late of the Parish aforesaid in the County aforesaid Clerk and James Corker late of the Parish aforesaid in the County aforesaid Clerk as false Traytors against the most Illustrious most Serene and Excellent Prince our late Soveraign Lord King 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 due and Natural Obedience which true and faithful Subjects of our said Lord the King towards him our said Lord the King should and of right ought to bear wholly withdrawing and contriving and withall their might intending the Peace and common Tranquillity of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England used and by Law establisht to overthrow and the Government of this Kingdom of England to Subvert and Sedition and Rebellion within this Kingdom of England to move stir up and procure and the Cordial Love and true and due Obedience which true and Faithful Subjects of our Lord the King towards him the said Lord the King should and of right ought to bear utterly to withdraw put out and extinguish and our said late Lord the King to death and final destruction to bring and put the 24th day of April in the 30th Year of the Reign of our said late Lord King Charles the Second c. at the Parish of St. Giles in the Fields in the County of Middlesex aforesaid with diverse others false Traytors against our said late Lord the King to the Jurors aforesaid unknown falsly subtilly advisedly maliciously 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 England utterly to deprive depose cast down and disinherit and him our said late Lord the King to Death and final Destruction to bring and put and the Government of the same Kingdom and the sincere Religion of God in the same Kingdom rightly and by
the Laws of the said Kingdom Established at their Will and Pleasure to change and alter and the State of this whole Kingdom of England through all its parts well instituted and ordered wholly to subvert and destroy and War against our late Lord the King within this Kingdom of England to levy And to perfect and compleat the same their most wicked Treasons and Trayterous Imaginations and purposes They the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven Anthony Turner and James Corker and other false Traytours to the Jurors aforesaid unknown the aforesaid 24th day of April in the 30th Year aforesaid with Force and Arms aforesaid at the Parish of St. Giles in the Fields aforesaid in the County of Middlesex aforesaid falsely maliciously subtlely advisedly divellishly and Trayterously did assemble unite and gather themselves together and then and there falsly maliciously subtilly advisedly divellishly and Trayterously did consult consent and agree our said late 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 change and alter to the superstition of the Church of Rome and the Government of this Kingdom of England to subvert and that one Thomas Pickering and one John Grove him our said late Lord the King should kill and murder and that they the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven Anthony Turner James Corker and other false Traytors against our said late Lord the King to the Jurors unknown a certain number of Masses between them then and there agreed upon 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 upon And that the said Thomas White otherwise Whitebread John Fenwick John Gaven Anthony Turner William Harcourt otherwise Harrison and other false Traytors against our said late Lord the King to the Jurors unknown in the further prosecution of the Treasons and Trayterous Consultations and agreements aforesaid afterwards to wit the said 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly Trayterously did severally give their Faith each to other and upon the Sacrament then there Trayterously did swear promise to conceal and not to devulge their said most wicked Treasons and Trayterous Compassings Consultations and purposes aforesaid so between them had him the said late Lord the King Trayterously to kill and murder and to Introduce the Romish Religion to be used within this Kingdom of England and the true Reformed Religion in this Kingdom of England rightly and by the Laws of this Kingdom Established to alter and Change and that the said Thomas VVhite otherwise VVhitebread John Fenwick VVilliam Harcourt otherwise Harrison John Gaven Anthony Turner James Corker and other false Traytors to the Jurors aforesaid unknown in further Prosecution of the Treasons and Trayterous intentions and agreements aforesaid afterwards to wit the said 24th day of April in the 30th Year aforesaid at the Parish aforesaid in the County aforesaid falsly subtilly advisedly maliciously devillishly and Trayterously did prepare perswade excite abet comfort and Counsel four other Persons to the Jurors unknown and Subjects of our said late Lord the King him our said late Lord the King Trayterously to kill and murder against the duty of their Allegiance and against the peace of our said late Lord the King his Crown and Dignity and against the forme of the Statute in that Case made and provided whereupon it was Commanded the Sheriff of the County aforesaid that he should not omit c. But should take them to answer c. Which Indictment the said Justices of our Lord the King afterwards to wit at the Goal-delivery of our said Lord the King of Newgate holden by Adjournment for the County of Middlesex at Justice-Hall in the Old Bayly in the Suburbs of the City of London on Fryday to wit the 13th day of June in the 31st Year aforesaid before Sir James Edwards Knight Mayor of the City of London Sir William Scroggs Knight Lord Chief Justice of his Majesty's Court of King's-Bench Sir Francis North Knight Lord Chief Justice of his Majesty's Court of Common-Pleas Sir Thomas Allen Knight and Baronet one of the Aldermen of the said City of London Sir George Jeffreys Knight Recorder of the said City of London and other their Companions Justices of our said Lord the King assigned to deliver his Goal of Newgate of the Prisoners in the same being by their own proper Hands did deliver there in the Court of Record in form of Law to be determined And thereupon at the said Goal-delivery of our Lord the King of Newgate holden by the Adjournment aforesaid for the County aforesaid at Justice-Hall aforesaid the said Fryday the 13th of June in the 31st Year aforesaid before the aforesaid Justices of our said late Lord the King last named came the said Thomas White otherwise Whitebread John Fenwick William Hartcourt otherwise Harrison John Gaven and Anthony Turner under the Custody of Sir Richard How Knight and Sir John Chapman Knight Sheriff of the County aforesaid into whose Custody for the Cause aforesaid they were before that time Committed being brought to the Bar there in their proper Persons who were committed to the aforesaid Sheriff c. And immediately being severally demanded concerning the premises aforesaid in the Indictment aforesaid specified charg'd upon them as above how they would thereof acquit themselves the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner did severally say That they were Not thereof Guilty And thereupon for Good and Bad did severally put themselves upon the Country And thereupon upon the Indictment aforesaid last recited at the Session of our Lord the King at the Justice-Hall in the Old-Bayly it was so far proceeded that the Issue aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner afterwards to wit the aforesaid Fryday the 13th Day of June in the 31st Year aforesaid at Justice-Hall aforesaid by a certain Jury of the Country in that behalf duly Empanell'd Sworn and Charg'd was Tryed and that upon the Tryal of the Issue aforesaid last mentioned between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner at London aforesaid to wit at the Justice-Hall in the Old-Bayly aforesaid in the Parish of St. Sepulchre in the Ward of Faringdon Without London aforesaid the said Defendant Titus Oats was also a Witness produced on
behalf of our said late Lord the King upon the Tryal aforesaid upon the Indictment last aforesaid And he the aforesaid Titus Oats then and there at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session to wit at the Parish and Ward aforesaid was duly sworn upon the Holy Gospels of God to speak and testify the Truth the whole Truth and nothing but the Truth of and in the Premises in the Issue aforesaid last mentioned so as aforesaid joyned between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner And that the said Titus Oats then and there at the Session aforesaid last mentioned in the Justice-Hall aforesaid in the Court of the same Session upon his Oath aforesaid upon the Indictment last aforesaid by his own proper Act and Consent of his most wicked Mind falsly voluntarily and corruptly did say depose swear and give in Evidence to the Jurors of the Jury aforesaid last mentioned so as aforesaid Sworn and Empanell'd to try the Issue aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner That William Ireland one William Ireland then before Convicted and Executed for High Treason against our late Lord the King meaning took his Leave of him the said Titus Oats and others at the Chamber of the said William Ireland then being in Russel-Street a certain Street called Russel-Street lying within the City of Westminster in the County of Middlesex meaning between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth and indeed the said William Ireland did not take his Leave of the said Titus Oats or any other Persons whatsoever at the Chamber of the said William Ireland then being in Russel-Street aforesaid between the said 8. and 12. Days of August in the Year of our Lord 1678. And so the said Titus Oats upon the said Fryday the 13th day of June in the 31st Year aforesaid at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session upon the Indictment last aforesaid so put in Issue and Tryed as aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner 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 the like Case offending and against the Peace of our Sovereign Lord the King his Crown and Dignity Upon this Indictment he has been Arraigned and thereunto hath pleaded Not Guilty And for his Tryal hath put himself upon the Country and his Majesty's Attorney-General likewise which Country you are Your Charge is To enquire whether the Defendant Titus Oats be Guilty of the Perjury he stands Indicted or Not Guilty If you find him Guilty you are to say so If you find him Not Guilty you are to say so and no more And hear your Evidence Lord Ch. Just Look ye Mr. Attorney my Lord Chief Justice Jones has sent to know whether you have any thing to do with him to day here Mr. Att. Gen. Not at all that I know of Lord Ch. Just Mr. Oats Do you intend to make use of my Lord Chief Justice Jones or any of the Judges of the Common-Pleas as Witnesses Oats Yesterday my Lord I did call for them to have made use of them as Witnesses Lord Ch. Just But have you any thing to say to them to day Oats I cannot tell as yet Lord Ch. Just Then my Lord Chief Justice Jones must be told That he does not know whether he shall or not Go on Sir Samuel Astry Then Proclamation for Information and Evidence was made in usual manner Mr. Phipps May it please your Lordship and you Gentlemen of the Jury This is an Indictment against Titus Oats Clerk for Perjury And the Indictment sets forth That William Ireland Thomas Pickering and John Grove in the 30th Year of the late King were Indicted of High Treason and Tryed at the Old-Bayly and at that Tryal the Defendant Titus Oats was produc'd a Witness for the King and being sworn to tell the Truth the whole Truth and nothing but the Truth did falsly voluntarily and corruptly depose and swear and give in Evidence to the Jury that did try that Cause That the said William Ireland was in Town within the Cities of London and Westminster or the Places adjacent meaning upon the First or Second day of September in the Year 1678. Whereas in truth the said William Ireland was not in Town nor within the Cities of London or Westminster or the Places adjacent upon the First or Second day of September in the Year 1678. And so the said Titus Oats hath committed wilful and corrupt Perjury And the Indictment further sets forth That upon the 13th day of June in the 31st Year of the late King Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner were Indicted and Tryed at the Old-Bayly for Treason and at that Tryal the said Titus Oats was a Witness produc'd on the Part of the King And being sworn to testify the Truth the whole Truth and nothing but the Truth by his own Act and Consent of his own most wicked Mind falsly voluntarily and corruptly did depose and swear and give in Evidence to the Jury That William Ireland one William Ireland before that time Convicted and Executed for High Treason meaning did take his Leave of him the said Titus Oats at his the said William Ireland's Chamber then being in Russel-Street between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth the said William Ireland did not take his Leave of him the said Titus Oats or of any other Persons whatsoever at his the said William Ireland's Chamber then being in Russel-Street aforesaid between the said 8th and 12th Day of August in the Year of our Lord 1678. And so the said Titus Oats did then and there commit wilful and corrupt Perjury And this is laid to be to the great Displeasure of Almighty God in contempt of the Laws of this Land to the evil and pernicious Example of all others in the like Case offending and against the King's Peace Crown and Dignity To this he has pleaded Not Guilty If we prove it we do not question but you will find him Guilty Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury Mr. Oats stands Indicted for having perjur'd himself The Instances Gentlemen that we charge him with are these First
Esquire Gerrards Mr. Att. Gen. How far is that from Mr. Lowes Proctor It is a mile and a half Mr. Soll. Gen. Did you see him afterwards Proctor Not there I did not Mr. Att. Gen. What Religion are you of Proctor I am a Protestant L. C. J. What did you hear became of that Ireland afterwards Proctor I saw him Executed at Tyburn afterwards and it was the same Man L. C. J. Where did you live then Proctor I lived at Fulford then L. C. J. What with Mr. Lowe Proctor Yes my Lord. Oates It seems he was a Servant to a Papist L. C. J. What then what of that Oates My Lord I desire you would ask him whether he ever saw Ireland before the 31th of August which he speakes of Proctor No I did not L. C. J. But you are sure it was the same man you saw Executed Proctor Yes I am sure of it Mr. Soll. Gen. What Circumstance can you tell that he was the First of September at Mr. Gerrards Proctor I went to dinner thither that day I Rode before Madam Brooke L. C. J. What day of the Week was that First of September Proctor It was upon a Sunday my Lord. Mr. Att. Gen. Was that about Pancrass-Fair-time Proctor Yes my Lord it was Mr. Soll. Gen. He can tell you another circumstance how he comes to remember him at Mr. Lowes the 31th of August L. C. J. Aye by what Token do you remember that he was there the 31th of August Proctor I went that day to 〈…〉 pay some Money and came home again in the Afternoon and just as I came in he came thither Oates How does he say he knows him to be the same Man L. C. J. He has told you twice he saw him Executed Oates What Religion is he of does he say L. C. J. He is a Protestant Mr. Att. Gen. Then Swear Mr. John King Which was done Mr. Soll. Gen. Pray do you acquaint the Court and the Jury where you saw Mr. Ireland and when Mr. King I saw Mr. Ireland at Mr. Gerrards of Hildersome the First of September that year that the Plot broke out which was in the year 78. There I saw him on Sunday there he stayed all night and so did I and on Monday-morning I went to Mrs. Cromptons where I liv'd and he came thither to Millage as soon as I which is within a mile of Hildersome and dined there the same day L. C. J. How far is that from London pray you Mr. King An hundred and ten miles L. C. J. And he was there at Dinner you say Mr. King Yes he was L. C. J. How long was it before Dinner was done Mr. King I believe he might go thence about Two of the Clock L. C. J. Where did he say he designed to go then Mr. King He designed to go to Boscobel that night L. C. J. Do you remember any body else was at Mr. Gerrards then when you saw him Mr. King Yes Mr. Jerman Drayton was at Hildersome at that time Oates Pray what Religion is this Gentleman of Mr. King I am a Roman Catholick Mr. Oates Mr. Att. Gen. Pray Swear Mr. Francis Lee. Which was done Mr. Soll. Gen. Pray tell my Lord and the Jury where you saw Mr. Ireland and when Lee. I was a Servant to Mr. Gerrard and Mr. Ireland upon Saturday-night came to my Masters House and stayed all night and all day on Sunday and went away on Munday to Millage L. C. J. What time and what year was it Lee. It was in 78 but I am not certain of the day of the Month It was on a Saturday he came and I have Witnesses to prove I was there at that time L. C. J. What Month was it Lee. It was in August as I think the last day but I am not certain And he went on Monday to Millage and there dined at Mrs. Cromptons and from thence he went to Pancrass and thence he did go to Boscobel and stayed all night there Mr. Att. Gen. That was the Second of September L. C. J. How do you know he went to these places Lee. I was told so Oates My Lord I desire to know how long this man was acquainted with Ireland before Lee. I never saw him but at that time Oates How does he know it is the same man then Mr. King Here is a man that saw me with him and was present at Irelands Execution L. C. J. Who is that Proctor Mr. King Yes my Lord. L. C. J. Then call Proctor again who came in again Who went along with you to Dinner on Munday Lee. My Lord he did see me at Hildersome at Mr. Gerrards L. C. J. What say you Proctor was this Gentleman there at that time Proctor Yes my Lord I did see him there L. C. J. Was that the same man that was Executed which you saw at Mr. Gerrards Proctor Yes it was L. C. J. Did you dine with Mr. Ireland on Munday at Mrs. Cromptons Lee. Yes my Lord I did and went afterwards with him to Pancrass and stayed there two hours and then he went to Boscobel Mr. Soll. Gen. There are the two days gone which Mr. Oates swore to and in which he was so positive that it was either the first or second of September Mr. Att. Gen. Then Swear Mr. Biddolph Which was done Mr. Soll. Gen. Pray Sir when did you see Mr. Ireland and where Mr. Biddolph My Lord I was in Staffordshire the latter end of August and the beginning of September and I was at Mrs. Cromptons House which is my Aunt the Second of September being Munday where I saw Mr. Ireland and dined with him that day and after dinner he went with Mr. Gerrard's Son who was to go to School to Boscobel And I will give your Lordship a particular circumstance that may satisfie you that I am not mistaken in the time As I came thorough Northamptonshire that Summer I was at my Lord Cullens and he desired me to be at a Horse-Race at Newton-Slade where there is a Plate always Râ—…n for upon the first Thursday in September and that year it was the 5th of September Now when I dined at my Aunt Cromptons she would have had me staid all night at her House but I excused my self and told her I had promised to come to my Lord Cullen to be at the Race and I must needs be there before to be as good as my word to my Lord and therefore I went away to Pancrass and so on my Journey otherwise I had stayed with my Aunt all night And I am sure this was Munday before this Horse-Race Oates My Lord this Gentleman speaks to no year particularly Mr. Biddolph It was in 1678 the year before Mr. Oates's Plot broke out Mr. Att. Gen. Now we will call Mrs. Crompton Swear her Which was done Mr. Soll. Gen. Pray when did you see Mr. Ireland Mrs. Crompton Mrs. Crompton He was at my House at Millage in Staffordshire at Dinner the same day that
my Nephew Biddolph did dine there As for the day of the Month I cannot so well tell it because when my Friends dine with me I do not use to note down the day particularly but it was I remember a pretty remarkable time for it was about Pancrass-Fair Mr. Gerrard of Hildersome came with him and Mr. Ireland being a Stranger I asked who he was and they told me it was Mr. Ireland He never was at my House before nor after he was a meer Stranger to me L. C. J. What day was it say you Mrs. Crompton It was the same day my Nephew Biddolph dined there L. C. J. Was it Munday the second of September do you remember Mr. Att. Gen. He says he was at her House at Millage that day and she says it was the same day he dined there Mrs. Crompton But I never note down the particular days when my Friends dine with me except I had particular occasion to do it as I had none at this time Oates My Lord I desire to know what Religion this old Gentlewoman is of Mrs. Crompton I am a Roman Catholick my Lord. Mr. Att. Gen. Swear Mrs. Palmer Which was done Mr. Soll. Gen. Mrs. Palmer where did you see Mr. Ireland Mrs. Palmer I was at dinner at Mrs. Cromptons at Millage where there was a Gentleman called Mr. Ireland that did dine there L. C. J. When was it Mrs. Palmer I cannot tell truly what day it was L. C. J. Who was there besides you at dinner that day Mrs. Palmer 'T is so long since I cannot remember L. C. J. Was Mr. Biddolph there Mrs. Palmer Not that I remember my Lord. L. C. J. What do you bring her for Mr. Attorney Mr. Att. Gen. She dined there that day it seems but if she cannot remember it I cannot help it L. C. J. But these kind of Witnesses do but slack your proof Mr. Soll. Gen. My Lord I think we do ever do our Business indeed Mr. Att. Gen. We have one Witness more to this point and that is Mrs. Mary Holmes Swear her Which was done Where did you see Mr. Ireland in the year 78. Mrs. Holmes I saw him at Millage my Lord. L. C. J. When Mrs. Holmes The first or the beginning of September I am sure Mr. Soll. Gen. What day of the week was it Mrs. Holmes Munday L. C. J. You have proof enough of this Mr. Attorney General Mr. Att. Gen. Truly I think so my Lord. Mr. Soll. Gen. Pray swear Mrs. Esther Gifford Which was done Mrs. Gifford when did you see Mr. Ireland Mrs. Gifford Upon the second of September 78 I saw Mr. Ireland above a hundred miles from this place Mr. Soll. Gen. Where Mrs. Gifford At Pancrass Mr. Soll. Gen. What time of the day was it Mrs. Gifford In the Afternoon about Four or Five a Clock Mr. Soll. Gen. Did he stay there all night Mrs. Gifford I cannot tell indeed Mr. Att. Gen. Swear Mr. Pendrel Which was done Mr. Soll. Gen. Now my Lord we are come to the second of September in the Evening we shall prove where he was that night and the third and then we shall return to the fourth of September when Mrs. Harwel swears he came back to Wolverhampton Mr. Hanses When did you see Mr. Ireland Mr. Pendrel Mr. Pendrel I saw him upon the second of September Mr. Att. Gen. Where did you see him Mr. Pendrel At Boscobel at my House there he lodged with me that night Mr. Soll. Gen. In what year was it Mr. Pendrel In the year 1678. Mr. Att. Gen. Was it the September before the Plot and before Mr. Ireland was Executed Mr. Pendrel Yes my Lord it was L. C. J. Did you know him before Mr. Pendrel No I did never see him before as I know of L. C. J. How long did he stay there Mr. Pendrel He stayed that night and the next day all day and went away the 4th of September to Black Ladies Mr. Soll. Gen. Whose house is that Mr. Pendrell It is Mr. John Gifford's L. C. J. You say you live at Boscobel did you hear any thing of a Letter came to your house for Mr. Ireland Mr. Pendrell Not that I know of my Lord there was not any that I remember Mr. Att. Gen. Then swear Mrs. Pendrell which was done Mr. Soll. Gen. Pray Mistriss will you give an account where you saw Mr. Ireland Mrs. Pendrell I saw him at Boscobel at the Royal Oak he came there the second day of September Mr. Soll. Gen. Can you tell what year it was Mrs. Pendrell It was the first beginning of the Plot. Mr. Soll. Gen. How long did he stay there Mrs. Pendrell He staid Tuesday and Wednesday he went to Black Ladies and so away to Wolverhampton Mr. Soll. Gen. We have but one Witness more my Lord for Wednesday the fourth of September and then we have done Swear Mr. Charles Gifford which was done When did you see Mr. Ireland Mr. C. Gifford May it please your Lordship I saw Mr. Ireland at my Fathers house at Black Ladies Oates My Lord I would ask Mrs. Pendrell a Question before she goes Whether she was not a Witness at the five Jesuits Tryal Mrs. Pendrell I was in Court but they would not suffer me to swear Oates Did she not give Evidence there L. C. J. She was examined but she could not be sworn because she came to testifie against the King in a Capital Cause Mr. Att. Gen. Pray what say you Mr. C. Gifford Mr. C. Gifford My Lord I say I saw Mr. Ireland at my Fathers house at Black Ladies and he staid there an hour and a half and went thorough Chillington and said he would go to Wolverhampton Mr. Att. Gen. What day of the month was it Mr. C. Gifford I am morally certain it was the fourth of September and so he went to Wolverhampton as I am informed He came to our house to see a Lady that was there L. C. J. What Lady was it Mr. C. Gifford It was one Madam Wells Mr. Soll. Gen. Thus my Lord we have lodged him the fourth of September at Wolverhampton when Mrs. Harwell says he returned to her and so my Lord we have given an account where he was from the third of August to the 14th of September Mr. Soll. Gen. We have prov'd where he was every day in that time but onely the 8th of September and for that we must leave it to the Jury We have proved that he came away from Mrs. Harwell's the 7th and said he was to go to Tixhall and the ninth he did go from Tixhall in Sir John Southcoates company and came to London the 14th L. C. J. Well what say you to it Mr. Oates Oates Has Mr. Attorney done his Evidence my Lord Mr. Att. Gen. We shall call no more Witnesses unless you go about to support your own Credit and then we have other Witnesses to call Oates I do not value any Witnesses you can bring against my Credit Mr. Att.
Gen. Well for the present we do not designe to call any more Witnesses L. C. J. Then let us hear what you say to it Oates My Lord here is an Indictment exhibited against me which sets forth that I should swear at Mr. Ireland's Tryal that Mr. Ireland was in Town the first and second of September and it sets forth that in truth he was not in Town And likewise it sets forth that I swore at the Tryal of the five Jesuits that Mr. Ireland took his leave of me and others here in Town at his Lodging in Russel-street between the 8th and 12th of August whereas the Perjury there assigned is this That he did not take his leave of me or any other person betwixt the 8th and 12th of August at his Lodging in Russel-street Now my Lord I was not the onely Witness of Mr. Ireland's being in Town in the month of August nor the onely Witness of his being in Town about that time in September My Lord my Prosecutors have endeavoured to maintain this Charge against me thus The first thing they have gone upon as far as I can remember in the Indictment is as to the first or second of September or rather they have endeavoured to prove both under one Now in answer to all this Evidence my Lord the first thing I shall offer to your Lordships consideration and the consideration of the Jury is the great hardship I lie under after six years time to be put to disprove what the Counsel here have now offered against me My Lord I observe first that this Indictment which is now upon tryal is founded upon the Tryal of Ireland which was the 17th of December 1678 at the Old-baily and it is now six years after that Evidence of mine was delivered A second thing is that the Indictment is found by special Commission as appears by the Indictment it self Now I must recommend to the consideration of your Lordship and this Jury why the prosecution of this pretended Perjury has been delayed so long when it appears by the Evidence which has been produced that the Witnesses to prove it were known six years since as much as they are now and there is no colour of Evidence offered that any new Fact has been lately discovered which was not then known There is no reason my Lord that is assigned or can be assigned for this delay but onely that the hardship might be the greater upon me for now it is difficult if not impossible for me to maintain the Evidence I then gave so many persons being since dead or gone beyond the Seas and many things that were fresh then are now grown out of memory and I beg your favour to insist upon this and I think it cannot be denied me If such a Practice as this be admitted no Witness is safe in giving his Testimony against any Conspirators whatsoever For my Lord I must desire leave to offer another thing to your consideration before I speak to the particular Evidence and that is this That here is nothing but a bare point of time upon which this Perjury is assigned when the substance of the Testimony that I gave at the Tryals of Mr. Ireland and the rest about the Popish Plot is not assigned as any Perjury at all it is only a circumstance of Time and Place And my Lord I shall offer this to your further consideration that Ireland was convicted for a Treasonable Resolution to murder the late King and not for being in Town in August or September 78 or elsewhere and he was not convicted for his being in his Chamber in Russel-street and taking his leave there in August which is one matter of the Perjury now assigned Next my Lord 't is hard and unreasonable to tye up VVitnesses that come to discover Plots and Conspiracies to speak positively as to circumstance of Time and Place and every little Punctilio in their Evidence to bind them up to such Niceties in the delivery of their Testimonies as to Time and Place It is usual to speak with Latitude as to such kind of things and 't is probable my Evidence which is now in question was not that Ireland was the first or second of September positively here in Town but my Lord I did I believe give my self a Latitude and would not confine my self to either the first or second fifth sixth seventh or eighth but my Lord that he was in September there I am positive I must therefore beg your Lordships and the Courts Opinion whether that Mr. Foster did prove that I was positive and precise to the days of the 1st and 2d of September 78. L. C. J. In my opinion it is a plain Evidence that you did swear positively to those two days and you spoke to a circumstance very material in your Evidence that either the first or second of September you had twenty shillings of him in Town here now that circumstance of his Kindness to you was not a circumstance either of time or place Oates Then my Lord I shall begin with my Proofs but my Lord I desire I may have free liberty to mind my Business for here is a Gentleman behind me that will not let me be at quiet but is either medling with me or my Papers L. C. J. Who is it let me know him and I will take care to make him quiet or set him farther off You Gentlemen that are at the Bar should know better one would think He must have liberty to make his own defence and if he complains and lets me know who meddles with him they had better do somewhat else Oates My Lord the first thing that I offer is that Ireland was convicted of Treason and for that you have the Record L. C. J. It is allowed of all sides that Ireland was convicted and attainted of Treason Oates Then my Lord the principal Defence which as near as I can remember Mr. Ireland made at his Tryal was an endeavour to prove that he was not in Town between the 8th and 12th of August nor the 1st and 2d days of September which are the points now in Issue and he then produced one Mr. Gifford and his Sister and Mother and fifteen or sixteen Witnesses were produced at Mr. Whitebreads Tryal of which there is another Record that being six Months after Mr. Ireland was Tried There Mr. Whitebread produces several Witnesses Mr. Gifford I say and several others I think to the number of sixteen which were to prove Ireland's being out of Town in these times that these Witnesses speak of Now my Lord all those several Witnesses being produced to prove Ireland then out of Town the very point that is now in Issue was then so and notwithstanding all those Witnesses the Jurors who tryed Mr. Ireland and the Jurors who tryed Mr. Whitebread and the other four Jesuites found them Guilty though they endeavoured with all their force imaginable to oppose my Testimony and it was left to the Consideration of the
upon very hard Service to ride Post to London and back again in Twenty four Hours for no other Reason but only to commit a Treason that none ever found out but Mr. Oats And I am sure if he did he took a great deal of pains to a very little purpose Gentlemen I have taken up much of your Time and detain'd you the longer in this matter because I cannot but say with grief of Heart Our Nation was too long befotted and of Innocent Blood there has been too too much spilt 'T is high time to have some Account of it 'T is a Mercy we ought to bless Almighty God for that we are prevented from spilling more Innocent Blood God be blessed our Eyes are opened and let us have a Care for the future that we be not so suddenly imposed upon by such Prejudices and Jealousies as we have reason to fear such Villains have too much fill'd our Heads with of late Gentlemen 'T is incumbent upon you to Try according to the Evidence that has been given whether the Defendant be Guilty or Not Guilty And 't is incumbent upon us that sit here as Judges to see the Law executed as we will answer it at the Tribunal of the Great Judge of Heaven and Earth before whom we must appear and receive our Tryals at the Great Day And God forbid but we should use our utmost Endeavours to inflict the greatest Vengeance that the Justice of the Nation can permit us to inflict upon such Villains as these are that have contracted so much Mischief and Reproach upon us and so much Guilt upon themselves Gentlemen I am sorry I say I have kept you so long 'T is a Case of such Importance that I could not but say what I have done in it There may be other Circumstances arising from the Evidence which I may have omitted but were very largely and fully spoken to by Mr. Soliciter Whatsoever has been forgotten by him or by me I am sure will be sufficiently supplyed by your own Observations For I know you to be Gentlemen of great Knowledge and Experience in Matters of this Nature Then the Jury withdrew to Consider of their Verdict and after half an Hours Recess return'd to the Bar and answering to their Names deliver'd in their Verdict That the Defendant was guilty of the Perjury whereof be stood Indicted Which being Recorded the Lord Chief Justice spoke to the Gentlemen of the Jury to this Effect Lord Ch. Just Look ye Gentlemen because there has been some Notice taken to Day as there was Yesterday concerning the Opinions of Judges about Verdicts that have been given I would say a Word or two to you Not that I much admire the doing of it at any time nor would I do it now for your sakes because I am sure you act according to your Consciences and affect not Commendation But because it may be necessary for the Satisfaction of some People that they should know our Opinions also in this Matter I must tell you You have given a Verdict that becomes your Honesty Integrity and Loyalty And I declare in the Presence of Almighty God the Searcher of Hearts That had I been of the Jury I must have given the same Verdict Gentlemen 'T is an Honost and Just Verdict that you have given and by it you have Gontributed as much as in you lies to vindicate the Nation from the Infamy it has so long lain under Mr. Just Withins For my part I think if you had given any other Verdict you had found against plain Demonstration the Evidence was so full and clear Mr. Just Hollaway The Court is very well satisfied with the Verdict and you have acquitted your selves like Worthy Honest Gentlemen Mr. Just Walcot There is nothing can be said to the Verdict but that it is a just Verdict and according to the Evidence And then the Court Arose Die Lunae 11 Maij 1685. Banco Regis Dominus Rex versus Oats THIS Day Mr. Wallop moved That in regard the Court were pleased to give the Defendant time till Saturday next to move in Arrest of Judgment upon the Conviction on Fryday last they would please to give to the same Day to move in Arrest of Judgment upon the Conviction on Saturday which the Court granted But afterwards upon the Motion of Mr. Attorney General they order'd That a Note of the Exceptions to both Indictments should be sent to the King's Councel some Days before Saturday Die Sabbati 26 Maij. Banco Regis Dominus Rex versus Oats THIS Day being appointed for the Defendant to move what he could in Arrest of Judgment upon the Two Couvictions of Perjury he was brought by Rule from the Prison to the King 's Bench-Court Lord Ch. Just Mr. Attorney General Have you any thing to move Mr. Att. Gen. My Lord I pray your Judgment upon Oats who is Convicted upon Two Indictments for Two notorious Perjuries Lord Ch. Just Who is Councel for Oats Mr. Att. Gen. Mr. Wallop moved for him Lord Ch. Just What is it that Mr. Wallop has to say Oats My Lord I desire I may speak one word It was Thursday-Night before my Attorney could make an end of Examining the Records Sir Samuel Astry knows it very well Then I sent the Rule to those Gentlemen that were assign'd to be my Councel and the Exceptions were delivered in but Yesterday I pray I may have a Day or two more that my Councel may be prepared to argue for me Lord Ch. Just We cannot do that We gave you beyond the ordinary Rules in extending it till to Day Mr. Att. Gen. My Lord He talks of Examining the Records He had Copies of them all this long Vacation Oats My Lord My Actorney will be ready to make Oath that he finished the Examining but on Thursday Night Lord Ch. Just We do all know they were pleaded to the last Term and you have had all this Vacation to consider of them And we have indulg'd you beyond the ordinary Time Oats My Lord I desire but a Day or two more Lord Ch. Just No we cannot do it We have done more already than we ordinarily do Persons that are Convicted use to have but Four Days allowed them to move in Arrest of Judgment but you instead of having but Four Days have had Eight Oats If your Lordship pleases to give me time till Monday Lord Ch. Just I tell you We cannot do it If Mr. Wallop have any thing to say for you we 'll hear him Mr. Wallop I have nothing to say Mr. Att. Gen. Here are Four Exceptions delivered to me last Night as made by Mr. Wallop Lord Ch. Just But he says He has nothing to say We know not whose these Exceptions are Oats I do deliver in thove Exceptions my Lord Pray let them be read Lord Ch. Just Read them Sir Samuel Astry Cl. of Cr. Reads Dominus Rex versus Oats The Defendant's Exceptions I. That a Witness Sworn in the behalf of the King
Jury what their Witnesses had said If your Lordship pleases to remember my Lord Chief Justice Scroggs did observe to the Jury that the Evidence of the Prisoner at the Bar did consist only in Punctilio's of time which as near as I can remember what he says he called a Nicety of time and in Whitebreads Tryal he was pleased to call it Catching in point of time And it was observ'd at Ireland's Tryal that his Defence was so weak that my Lord Chief Justice Scroggs upon the integrity of Bedloe's Evidence and mine uses these words to the Jury though he then endeavoured to do what these Witnesses do now It is most plain the Plot is discovered and that by these men and that it is a Plot and a Villanous one which shews not only the fulness and satisfactoriness of our proof that we gave but does also take notice of the little shifts and catching tricks he made use of to prove himself out of Town which would not weigh with the Court Therefore I observe it is but the same Objection that then was made and is not a new one now And my Lord Chief Justice that then was speaking of that proof he brought which the Court heard with patience but could easily see through the vanity of it said What arts they have of evading this I know not for as they have turn'd their Learning into Subtelty so they have their Religion too All this is well remembred by those that were by and heard that Tryal And though Ireland laboured to disprove me in that circumstance of time yet still the Court did justifie the Evidence that Mr. Bedloe and my self had given And the same Chief Justice said I leave it to you to consider whether you have not as much Evidence from these two men as can be expected in a case of this nature and whether Mr. Oates be not rather justified by the Testimony offered against him than discredited This was after his Plea was debated and considered and I must further observe to your Lordship that though Mr. Ireland by his false Witnesses pressed this matter as far as he could then and urged the Court to believe it yet when the Jury brought in their Verdict and found him Guilty the Chief Justice expressed the satisfaction of the Court in these words You have done Gentlemen like very good Subjects and very good Christians that is to say like very good Protestants and now much good may their 30000 Masses do them This my Lord was the Case of Mr. Ireland at his Tryal and the same point of his being out of Town was again managed before a second Jury at the Tryal of the Five Jesuits but the Court saw the design of the Popish Party to blemish the Evidence given of the Plot but yet they lookt upon it only as a Trick And my Lord Chief Justice Seroggs in summing up the Evidence at that Tryal says They fall foul upon Mr. Oates meaning my self he appears to have been their Agent and whilst so bad enough But if he had not had a mind to have become a good man he would not have done us that good he has done in the discovery of the design they had engaged him in And if your Lordship please to remember that at that Tryal of the Five Jesuites when all arts were used to prove Ireland out of Town and me at St. Omers in the same Charge to the Jury my Lord Scroggs did take notice that the Jesuites were very exact at catching in a point of time but now says that is a thing that no man can precisely charge his memory withal and therefore he does there perswade the Jury that that should not be too strictly the measure of their Judgments about Truth and Falshood by the mistake of seven or eight days For said he to the Jury examine your selves how often every day you do mistake things that have been transacted half a year ago and err in point of time taking one week for another and one month for another and therefore you are not to lay too great a weight upon the point of time Now if too great weight my Lord be not to be laid upon a point of time then this Charge that is now brought against me is not of weight at all And besides my Lord this ought to be considered if this were the great Objection then and then answered it ceases to be an Objection now And as the Court did observe at the summing up of the Evidence that they made their defence about the uncertainty of a point of time which was no defence at all So that my Lord the whole course of my Plea is this 'T is a hard case for a man after six years to be indicted for a circumstance of time I will first offer the Testimony of one Witness that is dead and that is Mr. Bedloe who at his death confirmed all that he had sworn of the Popish Plot to be true and affirmed that he had rather spoken less than the Truth than more and for that I desire that my Lord Keeper may be called who took his dying Examination L. C. J. As for that Mr. Oates it is a thing very well known to the world and particularly to a worthy Gentleman that sits by you pointing to Mr. North that Mr. Bedloe when he was sick did make some such Protestation Oates Then my Lord I desire that Mr. Blayney may be sworn to give an account what Mr. Bedloe testified at Ireland's Tryal Then Mr. Blayney was Sworn Oates Mr. Blayney pray will you see in your Notes of Ireland's Tryal whether Mr. Bedloe did not swear that Mr. Ireland was in Town the latter end of August 78 or the beginning of September Mr. Blayney Where abouts in the Tryal is it Sir Oates It is in the Printed Tryal folio 41. Mr. Blayney My Lord I do finde these words in my Notes that Mr. Bedloe should say about the latter end of August or the beginning of September but I believe it was the latter end of August Mr. Ireland was at Harcourt's Chamber and being ask'd the question by my Lord Chief Justice Scroggs Whether he said it positively it was the latter end of August he said it was in August he would not be positive to a day but he thought the latter end L. C. J. 'T is very well known that too that Bedloe did swear Ireland was in Town the latter end of August or beginning of September and to confirm it upon Mr. Ireland's denial you swore he was in Town the 1st or 2d of September and gave you twenty shillings that was the occasion of your Oath Oates Then my Lord I desire to call some Witnesses to testifie to the Deposition that was taken of Mr. Jennison about Ireland's being then in Town L. C. J. When was that Deposition taken and before whom Oates It was taken in year 79 by Sir Edmund Warcup L. C. J. But we cannot admit that in Evidence unless the Kings
Council will consent Oates My Lord I will then produce what he swore at another Tryal L. C. J. Why where is he is he dead Oates My Lord It has cost me a great deal of money to search him out but I cannot any where meet with him and that makes my case so much the harder that I cannot when I have done all that man can do get my Witnesses together I sent in the depth of Winter for him when I thought my Tryal would have come on before but I could never hear of him L. C. J. We cannot help that Oates Will what he said at any other Tryal be Evidence here L. C. J. Look you though in strictness unless the party be dead we do not use to admit of any such Evidence yet if you can prove any thing he swore at any other Tryal we will indulge you so far Oates Have you the Record of Sir George Wakeman's Tryal there Sir Samuel Astry Mr. Att. Gen. Here it is if Mr. Oates have any use for it we will lend it to him L. C. J. Put it in and now prove what you can what Jennison swore at that Tryal Oates Mr. Blayney have you your Notes of Sir George Wakeman's Tryal here Mr. Blayney No Sir the Ticket of your Subpoena did onely mention Ireland Whitebread and Langhorn's Tryals But I did formerly upon another occasion look for the Tryal of Sir George Wakeman but could not find it among all my Notes Oates Sir Can you remember then what Jennison swore at that Tryal about Ireland's being here in Town Mr. Blayney Truly my Lord I can never trust my memory at all when I take Notes and it is now so long since that Tryal that I dare not undertake to say I remember any particulars of it L. C. J. He says it is so long since that he cannot remember any thing But there is Sir Edmond Warcup now is he sworn Cryer Yes My Lord. L. C. J. What do you ask him then Oates I would desire to Examine Sir Edmund Warcup my Lord about the Deposition of Jennison that he took L. C. J. But we tell you that cannot be admitted as Evidence without they will consent to it on the other side Oates My Lord He proves Mr. Ireland here the 19th of August and that contradicts these Witnesses L. C. J. If they will admit it well and good else we cannot do it Mr. Att. Gen. My Lord we will be so fair with Mr. Oates if he will admit Mr. Jennison's Letter that is under his hand wherein he does own that he was mistaken in his whole Evidence about that matter we will consent his Deposition be read Mr. J. Withens If he will not consent to that there 's no reason you shall consent to the other Mr. Attorney L. C. J. Look you Mr. Oates Mr. Attorney makes you this Offer You desire to have Mr. Jennison's Depositions read which cannot be done without their consent they tell you they will consent if you will let them prove what he has own'd since about that Business Oates My Lord I will consent with all my heart let them read any Letter under his hand L. C. J. Well do it on both sides by consent And now Mr. Oates do you produce his Examination Oates Pray Sir Edmund Warcup will you please to give the Court an account what Deposition Mr. Jennison made before you about Ireland's being in Town in August 78. Sir Edmund Warcup If my Lord commands me I will L. C. J. Ay you must answer his Question Sir Edm. Warcup This Mr. Jennison did make one Information before me and according to the duty that was incumbent upon me I delivered it in to the King and Council and there it has lain ever since for me to remember the particulars of it is impossible L. C. J. Have you his Examination here Mr. Oates If you have shew it him Sir Ed. Warcup If I see my hand to it attesting it was sworn before me I can say somewhat to it Oates My Lord he says he delivered it into the Council but it is printed L. C. J. That is no Evidence man Sir Ed. Warcup I can say nothing to it unless I saw it under my own hand Oates That is impossible for me to have my Lord. L. C. J. I cannot tell how to help it Sir Ed. Warcup You have no more to say to me Sir have you Oates No Sir I have not Pray call Sarah Batten Mr. Att. Gen. Is that the same that was Sarah Pain Oates I think so Sir I am not sure it is she till she come hither Cryer Here is Sarah Batten Oates Pray swear her and call Sir Thomas Doleman which was done but Sir Thomas Doleman did not appear Oates Pray was not your name Sarah Pain Batten My Lord I desire my Charges before I speak L. C. J. What is your name good woman Batten My name is Sarah Batty Oates Was not your name Sarah Paine once Batty No my maiden name was Sarah Edmunds Oates Was not you a Witness at the Tryal of Mr. Ireland Batty No Sir Oates Did you not live with my Lord Arlington Batty No Sir Oates Then I have been at all this charge for nothing Are you sure your name was not Sarah Paine Batty No indeed Sir Oates They told me that she liv'd at Vxbridge and thither I sent Batty I do live at Vxbridge Sir Oates Upon your Oath were you a Witness at any of the Tryals or no Batty No my Lord I was not Oates Then I have nothing to say to her L. C. J. What other witnesses have you to call Oates VVe have labour'd all we could to find her out and searched for her with all the care imaginable and here we thought we had had her but it seems it is not she L. C. J. VVe cannot help it Batty I hope my Lord you will consider my Charges in coming up hither Oates I will take care of thee Sweet-heart L. C. J. VVho do you call next Oates Pray call Mr. Charles Clare Cryer He is not here Oates Pray call Mr. Percivel My Lord I desire Mr. Blayney may give an account what she swore about Ireland's being in Town seeing I cannot have her here L. C. J. That we cannot do neither without Mr. Attorney will consent for this as well as the other is an extraordinary thing Oates You see by my bringing this VVitness my Lord that I have done what I could to find her out L. C. J. VVhat say you Mr. Attorney will you consent Mr. Att. Gen. No my Lord it is so irregular that we cannot consent to it Oates Pray call Mr. Percival and Mr. Vaughan Cryer They do neither of them appear Oates Then I must lose the benefit of her Testimony L. C. J. Have you done Oates No my Lord I will have done immediately L. C. J. Take your own time Oates I desire Sir Michael Wharton may be called Cryer He is not here Oates Pray call Mr. Charles Chetwin Cryer He