the Jury Oates My Lord I have one thing more and that is A Copy of the Record out of the House of Lords It is in the Journal the twenty fifth of March seventy nine Mr. Walker My Lord I have not the Book here it was not spoke for Oates But do you know this hand Shewing him a Copy Mr. Walker Yes and I Believe it is a true Copy L. C. Justice Read it C. Crown Reads Tuesday the 25 of March 1679. Oates It is the last Clause in the Journal of that day C. Crown Reads Resolved Nemine Contradicente by the Lords Spiritual and Temporal and Commons in Parliament assembled That they do declare that they are fully satisfied by the Proofs they have heard That there now is and for divers years last past hath been a Horrid and Treasonable Plot and Conspirary contrived and carried on by those of the Popish Religion for the Murthering of his Majestie 's Sacred Person and for subverting the Protestant Religion and the Ancient and Established Government of this Kingdom Oates There is an Order to have that Vote printed and inserted before the Form of Prayer for the Fast 'Pray' Sir read the next Page Cl. Crown Reads Die Lunae 25. Oct. 1680. Vpon Report from the Lords Committees for examining matters relating to the discovery of the late Horrid Plot and Conspiracy That Captain Thomas Bickley hath lately vilified Dr. Titus Oates at a publick meeting at Chichester to the prejudice of his Majestie 's Evidence for the further discovery of the said Plot It is thereupon ordered by the Lords Spiritual and Temporal in Parliament assembled That the Said Thomas Bickley be and is hereby required to appear before their Lordships in the Lord Privy-Seals Lodgings near the house of Peers on Wednesday the third day of November next at eight of the Clock in the forenoon And it is further ordered that Alderman Exon and Alderman William Bury of Chichester aforesaid who were then present at the said meeting do likewise attend their Lordships at the time aforesaid to give Evidence of what they know concerning this Matter L. C. Justice What of all this we know hereupon Bickley was turned out of Commission and now Bickley is in again But it seems as you had credit with some then so you had not with others Well have you done now all Mr. Att. Gen. Yes my Lord. Mr. Soll. Gen. If Mr. Oates will Summ up his Evidence then I will do the same for the King when he has done L. C. Justice Well what say you Mr. Oates Oates Now my Lord here is an Indictment preferr'd against me for Perjury and the Evidence they have given for the King is this 1. They have call'd Mr. Foster and he tells you that I was produced at the Sessions-house in the Old Baily where he was summon'd as a Jury man upon the Trial of Ireland and he says That when I was produc'd at the Sessions in the Old Baily as a Witness and sworn if I do remember Mr. Foster aright in what he says he did hear me swear That there was a Treasonable Consult of Jesuits upon the twenty fourth of April 78. at the White-Horse-Tavern in the Strand and he does further say That I said those Jesuits afterwards came to a Resolution to kill the King and that they separated themselves into lesser Clubs the Resolution being drawn up by one Mico and that I carryed it from Chamber to Chamber to be signed and did see it signed My Lord I did ask Mr. Foster Whether I in my Evidence called it a Consult or a Traiterous Consult Now my Lord 't is true I did call it a Traiterous Consult it is as true that I did swear there was such a Consult and it is as true that I did swear this Consult did divide it self into lesser Companies it is as true that I did say I did carry that Resolution about from Chamber to Chamber and saw them sign that Resolution for murdering the King I do not mean of this King but of the late King My Lord the Evidence I think I nor no honest man shall need to be asham'd of I am not ashamed to own that I repeated this Evidence several times nor that I gave that Evidence upon Oath for it is Truth my Lord and nothing but Truth and I resolve by the Grace of God to stand by it and confirm it with my Blood if there be occasion My Lord to Convict me of Perjury they have brought a parcel of St. Omers Witnesses and these do swear that which they would have sworn six years ago but then the Court thought them not fit to be sworn not only because the Law will not allow them but because of their Religion that can dispense with false Oaths if it were for a good Cause and that was the Remark my Lord C. Justice Scroggs then made of it I shall not insist much upon what they have sworn for that I suppose your Lordship and the Jury do very well Remember But I have five things to Object to their Evidence and I hope the Jury will take notice of my Objections and make their Remarks upon them for since you have heard the Evidence that is brought against me it will be necessary for your Lordship to weigh the nature of these Witnesses and the Value that the several Juries of London and Middlesex had for them 'T is true there are several brought here now that never were Witnesses before there are indeed other men but of the same Religion and the same Interest and therefore their Testimony must be of the same Value I think your Lordship will allow me that Therefore I Begin with their Religion and that I take notice to be a great Objection to their Evidence as I am advis'd by those that are Learned in the Law And I must appeal to the Court whether a Papist in Case of Religion may be believed and received as a good Witness L. C. Justice We must nor hear any of these Idle Expressions Mr. Just Withens Do you think you are come here to preach Mr. Oates L. C. Justice I 'll tell you a Papist except you 'll prove any Legal Objection against him is as good a Witness in a Court of Record as any other Person whatsoever Oates But if your Lordships I 'll tell you my Lord Cook 's practice was not to admit them as good Witnesses L. C. Justice Do not tell me of my Lord Cook 's practice the Law is otherwise keep to the Business that you have here in hand the Question before us Whether you were forsworn in Ireland's Trial or not Answer that if you can but you must not run out into Clamors and idle Extravagances Oates My Lord I demand it as my Right to be heard what I have to except against the witnesses L. C Justice I tell you you shall be heard when you speak properly But are you to determine what is Right or what is Wrong Oates I am to
I Do appoint Richard Sare to Print the two Tryals of Titus Otes for Perjury And Order That no other Person do presume to Print the same Jeffreys THE TRYALS Convictions Sentence OF TITUS OTES UPON TWO INDICTMENTS For Willful Malicious and Corrupt PERJURY AT THE KINGS-BENCH-BARR at Westminster Before the Right Honourable George Lord Jeffreys Baron of Wem Lord Chief Justice of His Majesties Court of Kings-Bench and the rest of the Judges of that Court. Upon Friday the 8th and Saturday the 9th days of May Anno Domini 1685. And in the First Year of the Reign of our Soveraign Lord King JAMES the II. c. LONDON Printed for R. Sare at Grays-Inn-Gate in Holborn and are to be sold by Randal Taylor 1685. Die veneris oct Maii 1685. in Banco Regis De Term. Pasch Anni Regni Regis Jacobi primi Dominus Rex versus Titus Oates THis day being apointed for the Tryal of one of the Causes between our Soveraign Lord the King and Titus Oates for Perjury the same began between eight and nine in the Morning and proceeded in the manner following First Proclamation was made for Silence then the Defendant was called who appeared in Person being brought up by Rule from the King's Bench Prison where we was in Custody and was advised to look to his Challenges to the Jury that were Impanel'd to try the Cause Oates My Lord I am to manage my own Defence and have a great many Papers and things which I have brought in order to it I pray I may have some Conveniency for the Managing my own Tryal Lord C. Justice Ay Ay let him sit down there within the Bar and let him have Conveniency for his Papers Clerk Crown Cryer swear Sir William Dodson Oates My Lord I except against Sir William Dodson Mr. Att. Gen. What is the Cause of Exception Mr. Oats L. C. J. Why do you challenge him Oates My Lord I humbly conceive in these cases of Criminal Matters the Defendant has Liberty of excepting against any of the Jurors without shewing Cause provided there be a full Jury besides L. C. J. No no that is not so you are mistaken in that Mr. Oates Oates My Lord I am advised so I do not understand the Law my self L. C. J. But we tell you then it cannot be allow'd if Mr. Attorney will consent to wave him well and good Mr. Att. Gen. No my Lord I know no reason for it I cannot consent to any such thing L. C. J. Then if you will not have him sworn you must shew your Cause presently Oates My Lord I cannot assign any Cause L. C. J. Then he must be sworn Cl. Cr. Swear him Cryer Sir William Dodson take the Book you shall well and truly try this Issue between our Soveraign Lord the King and Titus Oates and a true Verdict give according to the Evidence so help you God Cl. Cr. Swear Sir Edmund Wiseman which was done Richard Aley Esq who was sworn Benjamin Scutt Oates My Lord I challenge him L. C. J. For what Cause Oates My Lord he was one of the Grand Jury that found the Bill L. C. J. Was he so that is an exception indeed what say you Mr. Attorney Att. Gen. My Lord I believe he was upon one of the Indictments but I think it was not this L. C. J. But if he were in either of them he cannot be so impartial Mr. Att. Gen. My Lord we will not stand upon it we 'll wave him Cl. Cl. Thomas Fowlis Oates Pray let me see that Gentleman who was shown to him Are you not a Goldsmith in Fleetstreet between the two Temples Fowlis Yes I am Oates Very well Sir I do not except against you only I desire to know whether it were you or not Cl. Cr. Swear him which was done Thomas Blackmore Sworn Peter Pickering Sworn Robert Beddingfield Sworn Thomas Rawlinson Sworn Roger Reeves Sworn Edward Kempe sworn Oates My Lord I challenge him L. C. J. You speak too late he is sworn already Oates My Lord they are so quick I could not speak but he was one of the Grand Jury too L. C. J. We cannot help it now Mr. Att. Gen. I did know that he was so but to shew that we mean nothing but fair we are content to wave him L. C. J. You do very well Mr. Attorney General let him be withdrawn Cl. Cr. Mr. Kempe you may take your case swear Ambrose Isted which was done Henry Collier Sworn Richard Howard Sworn Cl. Cr. Cryer count these Cryer One c. Sir William Dodson Cl. Cr. Richard Howard Cryer Twelve good men and true hearken to the Record and stand together and hear the Evidence The Names of the Twelve sworn were these Jury Sir William Dodson Sir Edmund Wiseman Richard Aley Thomas Fowlis Thomas Blackmore Peter Pickering Robert Beddingfield Thomas Rawlinson Roger Reeves Ambrose Isted Henry Collier and Richard Howard Oates Before the Councel opens the Cause I desire to move one thing to your Lordship L. C. J. What is it you would have Oates My Lord I have three Witnesses that are very material one's to my Defence who are now Prisoners in the King's Bench for whom I moved yesterday that I might have a Rule of Court to bring them up to day but it was objected that they were in Execution and so not to be brought I humbly move your Lordship now that I may have a Habeas Corpus for them to bring them immediately hither L. C. J. We cannot do it Oates Pray Good my Lord they are very material Witnesses for me and I mov'd yesterday for them L. C. J. You did so but we told your Councel then and so we tell you now we cannot do it by Law it will be an escape Oates My Lord I shall want their Testimony L. C. J. Truely we cannot help it the Law will not allow it and you must be satisfied Cl. Cr. Gentlemen you that are sworn of this Jury hearken to the Record by Virtue of an Inquisition taken at Justice Hall in the Old Bayly in the Parish of St. Sepulcher in the Ward of Faringdon without London upon Wednesday the 10th of December in the 36th of the Raign of our late Soveraign Lord Charles the II. by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Before Sir James Smith Knight Mayor of the City of London Sir George Jefferies Knight and Baronet Lord Chief Justice of this Honourable Court Sir Thomas Jones Knight Lord Chief Justice of the Court of Common Pleas William Montague Lord Chief Baron of the Exchequer Sir James Edwards Knight Sir John More Knight Aldermen of the said City Sir Thomas Jenner Knight one of his Majesties Sergeants at Law and Recorder of the same City and others their Companions Justices of Oyer and Terminer by the Oaths of twelve Jurors Honest and Lawful Men of the City of London aforesaid who then and there being sworn and charged to enquire for
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
Lordship be pleased to take notice of the drift of the Evidence how they are consistent one with another These Gentlemen that have now been sworn to prove that I was not at this Consult do attempt to prove that I was at St. Omers Now to answer this I shall not go about to prove that I was not then at St. Omers but that I was actually then and about that time here in London and then all that proof that Mr. Attorney-General has brought must be laid aside L. C. J. You say well prove that Oates Now my Lord to introduce and prepare the Jury for this it will be necessary I humbly conceive to read the Records of the Conviction of Whitebread and Ireland L. C. J. Well go your own way We are not to direct you I only tell you where the question lies Oates Sir Samuel Astrey pray be pleased to read them in English that the Jury may understand them First read Ireland's Record which was done Oates Now read Whitebread's Record Read but the Attainder I will not trouble the Court with the whole Record Cl. of the Crown Thomas White alias Whitebread William Harcourt alias Harrison John Fenwick John Gaven and Anthony Turner were found guilty of High-Treason and attainted and Execution awarded against them upon that Attainder Oates Does not the Record say The Jurors say upon their Oaths they are guilty L. C. J. Yes I 'll warrant you Cl. of the Crown It is Dicunt super sacramentum suum Oates Very well These my Lord I do produce as my first Evidence to prove that there was a Trayterous Consult held upon the 24th of April 78 at the White-horse-Tavern in the Strand it having been believed and affirmed by two Verdicts Now give me leave to offer but this to the Court That at the Trial of Mr. Ireland I gave so full and ample a Testimony against Whitebread and Fenwick accompanied with all the circumstances of Time and Place that my Lord Chief Justice Scroggs said The Evidence might be sufficient to have satisfied a private conscience though it was not a legal Proof then to convict him there being but one Witness against them And for this I call Mr. Robert Blayney Mr. Att. Gen. Pray swear Mr. Blayney which was done L. C. J. What do you ask Mr. Blayney Oates Mr. Blayney have you your Notes of Ireland's Trial here Mr. Blayney Yes Sir I have Oates Pray will you look into what my Lord Chief Justice Scroggs said when he discharged the Jury of Whitebread and Fenwick Mr. Blayney Whereabouts is it Sir in the Printed Trial Oates It is page 55. Mr. Blayney I have found the place what is it you would ask me about it Oates Whether my Lord Chief Justice Scroggs did not use these words to the Jury I do acknowledge that Mr. Oates has given a very full and ample Testimony accompanied with all the circumstances of Time and Place against them all That may go far with you all things considered to believe there is a Plot Yet I do not think they have proved it against Whitebread and Fenwick by Two Witnesses though the Testimony be so full as to satisfie a private conscience yet we must go according to Law too It will be convenient from what is already proved to have them stay till more proof come in 'T is a great Evidence that is against them but it not being sufficient in point of Law We discharge you of them It is not a legal Proof to convict them by whatsoever it may be to satisfie your consciences Mr. Blayney I have look'd upon my Notes and I cannot find exactly those words L. C. J. He says he cannot find that passage as it is there Mr. Blayney There is something to that purpose my Lord. Oates Pray Sir will you look into your Notes in the very same place what my Lord Chief Baron said You must speaking to the Jayler understand they are no way acquitted the Evidence is so full against them by Mr. Oates 's Testimony that there is no reason to acquit them it is as flat as by one Witness can be Mr. Blayney There is such a passage I find in my Notes L. C. J. He says there is such a passage Oates Then I desire Mr. Blayney would look into his Notes what my Lord Chief Justice Scroggs said in his summing up the Evidence against Ireland He mentions the Evidence of Sir Dennis Ashburnham who was produced to discredit me and then he adds When the matter is so accompanied with so many other circumstances which are material things and cannot be evaded or deny'd it is almost impossible for any man either to make such a story or not to believe it when it is told It is Ireland's Trial page 72. Mr. Blayney My Lord I do find such a passage in my Notes L. C. J. He says there is such a passage in his Notes Oates Then I would ask Mr. Blaney another question at the bringing in the Verdict of the Jury against Ireland Pickering and Grove my Lord Chief Justice Scroggs that then was had this expression 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 Blayney Yes my Lord there is in my Notes such an expression of my L. C. J. Scroggs Oates Pray you Mr. Blayney have you Whitebread's Trial the Trial of the Five Jesuits I mean Mr. Blayney My Lord when I received a Subpoena from Mr. Oates to be here this day and to bring my Notes of Ireland Whitebread and Langhorns Trials I did as I did before upon another occasion make a search for all my Notes but could not find any but those of the Trial of Ireland and Langhorn and those I have brought here but have not Whitebread's L. C. J. He says he has not the Notes of Whitebread's Trial he cannot find them Oates Then I must desire my Lord that the Printed Trials may be read L. C. J. No they are no Evidence If you can prove what was said at any of them you may by Witnesses but not by the Printed Books Oates Then will your Lordship be pleased to give me leave to mention what was said by your Lordship at that time when you were Recorder of London about your satisfaction with the Evidence L. C. J. Ay with all my heart and whatever I said I will own if I can remember it Oates Will your Lordship be pleased to be sworn then L. C. J. No there will be no need for that I will acknowledge any thing I said then Oates Then if your Lordship pleases I will read those passages out of the Books L. C. J. Ay do so Oates Says Mr. Recorder of London in particular to that part of the Prisoners Defence at the Trial of the Five Jesuits and the full scope given them of making Objections to the Evidence when he gave Judgment of Death upon these Five Jesuits and
half so hard upon them as you do upon my Witnesses what does it signifie my Lord whether the Wigg were long or short black or brown L. C. J. We have no other way to detect Perjuries but by these Circumstances and 't is the duty of a Judge to enquire into all Particulars as in a Controversie about words were they spoken in Latin or in English and so to all places and postures of sitting riding or the like as you know the Perjury of the Elders in the case of Susanna was by their different Testimony in particular Circumstances discovered Oates My Lord I will ask her but one short question by the Oath you have taken Mrs. Mayo to speak the Truth the whole Truth and nothing but the Truth as you expect the face of God with comfort in another World did you see me at Sir Richard Barkers at any time in May 78. the May before the Plot was discovered for that is the main question Mrs. Mayo Yes I did and I speak nothing here but what I speak as in the presence of the Lord. L. C. J. Prithee Woman dost thou think we ask thee any thing that we think thou dost not speak in the presence of the Lord we are all of us in the presence of the Lord always Mrs. Mayo And shall answer before him for all that we have done and said all of us the proudest and the greatest here L. C. J. But I would not have so much to answer for as thou hast in this business for all the World Mr. Soll. Gen. Well we have done with her now she may go away L. C. J. Where does she live now Cryer Mrs. Mayo where do you live now Mrs. Mayo In Leaden-hall-street my Lord. L. C. J. When did you see Sir Richard Barker's Daughter Mrs. Mayo About a Fortnight ago L. C. J. Where Mrs. Mayo In Barbican in London L. C. J. Do you live with Sir Richard Barker now Mrs. Mayo I do not live with him now L. C. J. Did his Daughter use to be at the Table at dinner Mrs. Mayo She was often in the Country my Lord. L. C. J. Did she eat at his Table at that time when Oates was there Mrs. Mayo I am not able to say whether she did or not she used to be in Wales at Sir Thomas Middleton's sometimes and with Madam Thurrell her Aunt who was her Mothers Sister and her two Daughters L. C. J. In Wales dost thou say where Mrs. Mayo My Lord in your own Country at one Doctor Cockets I know your Lordship though your Lordship does not know me L. C. J. I am very glad of it good Woman but prithee did ever Sir Richard Barker dine with Mr. Oates Mrs. Mayo I cannot say he did he went to and fro L. C. J. Well have you any more Witnesses Oates Cryer call Philip Page Cryer Here he is Sir Oates Pray swear him which was done pray be pleased to give my Lord and the Jury the best account you can of my being in Town But Mr. Page the question that I first ask you is whether I was here in April or May and in what year it was that you did see me at your Masters House L. C. J. When did you see Mr. Oates at your Master's House you mean Sir Richard Barker to be his Master I suppose Oates Yes my Lord. L. C. J. What do you say to it Page Truly I cannot be positive to the year but to the best of my remembrance it was 78. Oates Pray tell my Lord and the Jury some Circumstances in that year that did happen to you that makes you believe it was 78. Page Sir I 'le give you the best satisfaction I can to the best of my knowledge he came to Sir Richard Barker's one evening and there he enquired for Doctor Tongue he was in a disguise in a light coloured Coat something like to Frize but it was not Frize the term that they give it I cannot so readily tell he had his hair cut short almost to his ears and he had a broad-brim'd Hat on and a small stick in his hand walking melancholly about the Hall I happening to be the first body he met with as I suppose he asked me if Doctor Tongue was within I told him no I had not seen him of a considerable time he then asked me where Sir Richard Barker was I told him he was ill now at Putney says he when will he be here I told him I could not tell L. C. J. Did he see any body there but you Page That I cannot tell my Lord not that I know of L. C. J. What time of the year was it Mr. Att. Gen. And what Month Page What year and what month it was I am not able to say my Lord. L. C. J. What became of him after that Page He went out of our Gates then Sir he was walking up and down melancholy and not finding any one as I suppose to answer him he continued walking in the Patients Hall where they used to wait on Sir Richard Barker that came to discourse with him about Physick and upon my answer to his question he went away L. C. J. Did you ever see him any other time near to that time Page No I did not L. C. J. Did you use to wait on Table Page No I did not L. C. J. What Service were you then engaged in at Sir Richard Barker's Page I made up the Physick my Lord. L. C. J. Did you not acquaint the Coach-man nor Mrs. Mayo nor Sir Richard Barker with it Page I think Sir Richard Barker was in Town soon after and I did acquaint him with it Oates But can't you tell what time this is Sir Page I can say no other than I have said I believe it was in 78. L. C. J. Was this in June July or May or when Page I cannot say punctually what month it was my Lord but to the best of my knowledge and remembrance it was in the beginning of May. Oates Had not your Master a Patient at Islington at that time that was sick of a Feaver Page Yes he had Mr. J. Withens Why would Mr. Oates have given the Patient Physick Page No my Lord but 't was about that time that the Patient was under my Master's Cure Oates Indeed the St. Omers men do swear thorough stitch but my honest Witnesses are cautious it being so long ago and he that is a Minister of the Church of England as they say speaks to a very day upon a much slighter Circumstance pray call Mr. William Walker Cryer Here he is Oates Swear him which was done be pleased Walker to give my Lord to understand when 't was you saw me here in London in disguise and when it was you swore six years agone at the Old-Bayly that you saw me here in London Sir the time in Controversie is this I came here to discover a Plot of the Papists against the Kings Life and the Religion and I swore
been call'd but he is not here Oates Call my Lord of Stamford Crier He is not here Oates Call Sir Francis Winnington Crier He is not here Oates Call Silas Titus Esq Crier He is not here Oates Call Sir George Treby Crier He is not here Oates Call Sir Francis Pemberton These have been all Subpoena'd Crier He is not here Oates Is my Lord Bishop of London L. C. J. Here is my Lord Bishop of London pray swear my Lord Bishop of London which was done Oates I beg your Lordship if you can would give an account of your remembrance in this matter your Lordship was often in Committees of the House of Peers about this business and from first to last you were in the Committee for further Examination of the Popish Plot And you were not only of the Committee but you also sate as a Baron in the House I humbly beg your Lordship would please to tell as far as you can charge your Memory what Reputation I had in the House of Lords where I was upon my Oath and in particular whether your Lordship remembers that I received the thanks of the House for the Service I had done for the King and Kingdom in the Discovery Mr. J. Holloway It is a long question my Lord. L. B. of London It is so my Lord but my answer will be very short for it is a very little I can remember after so great a distance of time and the transactions have been publick nor can I acquaint the Court with any thing but what is known already and that is this I remember that the Plot was discovered by him and his discovery was receiv'd as Evidence at the Barr of the House of Lords and believ'd and the thanks of the House were given him at that time for it L. C. J. There 's Sir George Treby What do you ask him but first let him be sworn which was done Oates Pray be pleas'd to ask Sir George Treby who was Chair-man of the Committee of Secrecy and was manager in the Trial of the Lord Viscount Stafford that he will be pleas'd to tell what Credit I had in both Houses upon that Trial. L. C. J. I told you before you must urge nothing of that Trial unless you have the Record-here Oates Then my Lord I desire Sir George may give an account what he knows of the correspondencies between Mr. Coleman and the See of Rome L. C. J. No that will not be any Evidence at all in this case for that is not at all here in question Oates Then my Lord I desire Sir George Treby may speak what he knows of my Credit in the House of Commons L. C. J. Ah! What says he to that Sir George Treby My Lord I can answer for nothing but my own Judgment I cannot tell what Credit he had with any particular Member of the House of Commons I do remember indeed he was there several times at the Barr but not upon Oath but as others usually are there and concerning the discovery there was a Vote all the Kingdom knows of that they were satisfied there was a Plot but whether that Vote was grounded altogether upon his Evidence or how far upon his Evidence I cannot tell nor what any Man thought of it besides my self Oates I desire Mr. Serj. Pemberton might be call'd again Crier He is not here Oates Then pray call Sir William Dolben Crier He is not here neither Oates Then I call Sir Edward Atkins Crier He is not here Oates Call Mr. Richard White Crier He is not here Oates My Lord these were all Subpoena'd but they will not come they are frighted away L. C. J. We know nothing of that they may come if they will Oates Call Mr. Thomas Cox Crier He is not here but here is Mr. White Oates I pray he may be sworn which was done I desire to know of him whether he were not a Jury man upon the Trials of Ireland and Whitebread Mr. White No I was not Oates Then I am mistaken I beg your pardon for this trouble L. C. J. Well there 's my Brother Dolben come now What say you to him Swear my Brother Dolben which was done Oates May it please you Sir William Dolben you sate as a Judge upon the Trials of Mr. Ireland Mr. Whitebread and Mr. Langhorn and I call you Sir William Dolben to give an account to my Lord and the Jury what Credit my Evidence had at those Tryals and how the Jury was satisfied with it L. C. J. There is the Verdict man that finds the Persons you speak of Guilty Oates If that be Evidence enough I am satisfied my Lord. L. C. J. Is not that better than his Opinion to show how the Jury was satisfied Ah! certainly better than the Opinion of all the twelve Judges for that point they would not have Convicted them except they had been satisfied with the Evidence Sir William Dolben Have you done with me Sir Oates I have Sir L. C. J. Have you call'd all your Witnesses or will you call any more Oates No my Lord I will call no more at present Mr. Att. Gen. Then my Lord wee 'l go on with another part of our Evidence Gentlemen you see Dr. Oates to support his Credit has given two sorts of Evidence the one is some Records of Tryals at the Old-Bayly wherein he had the good hap to be believ'd the other is several noble Persons and other Gentlemen as to the Credit he has had given to hiâ— Evidence before What they have said I shall not meddle with at all at this time but leave the Observations that are to be made thereupon till we come to summ up the Evidence for the King But as to the first part of his Evidence that is as to the Records produced and the Verdicts therein given and the Opinions of the Judges we have this to say in point of Evidence as an answer 1. We shall produce to you several Records wherein he has not been believ'd as that of Sir George Wakeman and my Lord Castlemain and not only so but we shall actually prove that he was perjur'd in them that what he swore against them was utterly false and you will hear this was not the first time that he had sworn false for â—n an Accusation that he gave at a Tryal at Hastings we shall prove he swore Buggery upon a Person which was prov'd false Oates Can you produce any such Record Mr. Attorney Mr. Att. Gen. Yes we shall L. C. J. Do not interrupt the Kings Council let them go on you shall be heard quietly in your time Mr. Hanses Nay Mr. Oates need not be so hasty to ask for the Records by degrees we shall produce Records enough against him Mr. Att. Gen. We shall prove also by the Journals of the Lords House that he did forswear himself for after he had there made a long Narrative of the Plot being askt whether he had any more to accuse than those Persons that
that he forswore himself Mr. Att. Gen. Pray my Lord give me leave I must pursue my Masters Interest Mr. Soll. Gen. My Lord it was ever Testimony allow'd to be given to detect a Subornation L. C. J. I am sure 't is not fit to be allow'd at any time If he did forswear himself in a Court of Record in my opinion he is not to be receiv'd as a Witness any more Mr. Sol. Gen. We do only make this use of him to prove that Oates did suborn him L. C. J. Pray call some other Witnesses if you have them to contradict him but do not offer to bring a man to swear that he did forswear himself before Mr. Soll. Gen. My Lord we give Evidence here of a mans being produc'd by Oates to swear he was here in May 78. and he did make such an Oath now I hope with Submission my Lord it is Evidence to contradict that Oath if we can prove that he has confessed he was forsworn and mistaken in his Oath such Evidence perhaps will be of little value yet Evidence it is L. C. J. Make it what you will Mr. Sollicitor I think it is of no value at all nor to be admitted for the man to come and swear it himself prove what you can by others Mr. Soll. Gen. Surely my Lord this Confession of his to others is of less value than when we bring the Man himself to confess his fault that Man himself coming and owning the thing that he was mistaken with great sorrow for it sure is a good Evidence L. C. Justice Argue the matter as long as you will Mr. Sollicitor you will never convince me But that he that has once forsworn himself ought not to be a witness after that in any Case whatsoever If any man tell me otherwise till Dooms-day I cannot be convinc'd of it Mr. Soll. Gen. I go but to ask him this Question Whether or no what he swore were true L. C. Justice Mr. Sollicitor we are all of another Opinion that it is not Evidence fit to be given Mr. Soll. Gen. My Lord I must submit it to you L. C. Justice I tell you Mr. Sollicitor if you should call him to know what it was he swore and it does appear by any Evidence or by his own Confession that it was false you ought not to believe what he says even in that matter And I think truly for examples sake it ought not by any means to be admitted Mr. Sollicitor My Lord I must submit it to you but then I humbly conceive it will be in very many Cases impossible to detect a Perjury or Subornation if the Party suborn'd cannot be admitted to be a witness L. C. Justice What good will the admitting him to be a witness do for either what he swore then or what he swears now is false and if he once swears false Can you say he is to be believed Mr. North. My Lord If a man come and swear L. C. Justice Look ye Sir you have our Opinion it has been always the Practice heretofore That when the Court have delivered their Opinion the Council should sit down and not dispute it any further Mr. Att. Gen. Then we will go about the Business of Clay and for that we will call Lawrence Davenport L. C. Justice 'T is certainly against the Law to admit a man that has once forsworn himself to be a witness again in any Cause Mr. Att Gen. Swear Lawrence Davenport which was done 'Pray' give my Lord and the Jury an account how Clay came to be a witness and by whom he was wrought upon to be so Davenport May it please you my Lords and Gentlemen of the Jury Mr. Oates came to the Prison I being then a Prisoner at that time in the Gate-house at Westminster my self and having no other Employment I had the government and care of some of the Prisoners for a livelihood being in custody and at that time Mr. Oates as I said when old Clay was in Prison did come there to visit this Clay at several times and coming there to visit this Clay up stairs he went to his Chamber and desired to speak with him and I did desire your Worship Mr. Oates that you would go in to him and you did go into his Chamber and there these words you did speak to him before the Trial of the five Jesuits That if he did not swear what you put to him he should be prosecuted as a Priest which you did believe he would dye for L. C. Justice What is this man's name Mr. Att. Gen. Lawrence Davenport L. C. Justice Did you hear him say so Davenport Yes my Lord upon my Oath I did hear him say so and Sir William Waller was with him and then he replied and said with a Proviso That you would give him his Gold and Silver that was taken from him being then a Prisoner under My keeping in the Gate-house and wanting his money if you would do that he said he had been a Rogue before and he could not say what he might do L. C. Justice Now make it appear that this Clay was sworn at the Trial. Davenport My Lord afterwards I was Keeper to him under the other Keeper and he had a Keeper to wait on him to Newgate Sessions at the Old Baily wherefore this Gentleman that is standing there Mr. Oates comes to us says he Do not you trouble your self about this Prisoner let him alone with me I 'll see him at home again and then the Jesuits there did take their Trials how it was I cannot tell for we could not come into the Court afterwards they went to the Fountain Tavern by Newgate to Dinner and Mr. Oates and he went to Dinner together we were below in the house waiting there till it was Night and still thinking that he should come down again but away went he home and left us in the lurch but indeed he did come home to the Prison very honestly and civilly because he was civilly guarded Mr. Att. Gen. Now my Lord we 'll give you an account That the next morning after this Discourse betwixt Oates and Clay at the Gate-house this witness told it to another that was a Prisoner there then too Oates My Lord I would ask this man a Question Whether he had the sole keeping of Clay without any other Keeper with him Davenport There was no Keeper in the house but my self where he lay which was in Margaret's Lane not in the Prison but in the House Oates 'Pray' ask this Gentleman why he did not come in and testifie this Discourse he speaks of when Clay was a witness Davenport I was not by when he was sworn Oates Did he not know he was a witness L. C. Justice No he says he did not go into the Court with you he was not suffered to go in Davenport My Lord I am a poor Trandesman and know nothing what belongs to the Law Mr. Att. Gen. Come 'pray' swear this man Mr. which
the County of Middlesex aforesaid upon the 24th of April in the Year of our Lord 1678. nor did carry any Resolution to murder our said late Lord the King from Chamber to Chamber by any Persons to be signed and so he the aforesaid Titus Oates on the 17th day of Decemb. in the Thirtieth Year aforesaid at the Justice Hall aforesaid in the Court aforesaid upon the Tryal aforesaid upon the Indictment aforesaid between our said late Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove so as aforesaid had by his own proper act and Consent and of his most wicked Mind falsly voluntarily and corruptly in manner and form aforesaid did commit voluntary and corrupt Perjury to the great Displeasure of Almighty God in manifest contempt of the Laws of this Kingdom of England to the Evil and Pernicious Example of all others in like case offending and against the Peace of our said late Soveraign Lord the Knig his Crown and Dignity Upon this Indictment he has been Arraign'd and thereunto hath pleaded not Guilty and for his Tryal hath put himself upon the Country and His Majestie 's Attorney General likewise which Country are you your Charge is to enquire whether the Defendant be guilty of this Perjury and Offence whereof he is now indicted or whether not guilty If you find him Guilty you are to say to if you find him not guilty you are to say so and no more and hear your Evidence Cryer make Proclamation Oates Hold Sir I beg one Favour of your Lordship to give me leave to have that part of the Record wherein I am said to have sworn such and such things read distinctly in Latine L. C. J. Let it be read in Latin Cl. Cr. Juravit jur ' jurat ' predict ' ad tunc et ibidem jurat ' et impanelat ' ad triena exitum predict inter dict' Dn'um nostrum Regem et prefat ' Will'm Ireland Thomam Pickering et Iohannem Grove in Evidentiis dedit quod fuit proditoria Consultatio Anglicae Consult ' Jesuit ' qui Assemblat ' fuer ' apud quandam Tabernam vocat ' the White Horse Tavern in le Strand Le White Horse Tavern in le Strand in Com' Mid ' predict ' innuendo super vicesimum quartum diem April ' Ann. Dom. milesimo sexcentesimo septuagesimo Octavo ad quam quidere Consultationem Whitebread Fenwick Ireland predict ' Thomam White alias Whitebread Johannem Fenwick et William Ireland innuendo et prefat ' Titus Oates fuer ' present ' et quod Jesuitae predict ' sese separaver ' in seperales minores Conventus quodque Jesuitae predict ' venerunt ad Resolutionem ad murdrand dictum Dn'um Regem et quod ipse idem Titus Oates portavit Resolutionem predict ' a Camera ad Cameram et videbat Resolutionem illam signat ' per ipsos praefat Jesuitas innuendo That is the Perjury that you are said to have sworn Oates Pray go on Sir Ubi revera Cl. Cr. Ubi revera et in predict ' Titus Oates non presens fuit ad aliquam Consultationem Jesuit ' apud le White Horse Tavern predict ' in le Strand in Com' Mid ' predict ' super vicesimum quartum diem Aprilis Anno Domini milesimo sexcentesimo septuagesimo octavo necportavit aliquam Resolutionem ad d'tum d'num Regem murdrand a Camera ad Cameram per aliquas Perfunas fignand ' Mr. Just Withens Now you have read it go on Sir to make your Proclamation Cl. Cr. Cryer make an Ho-yes Cryen Ho-yes If any one can inform our Soveraign Lord the King the Kings Sergeant the Kings Attorney General or this inquest now taken concerning the Perjury and Offence whereof the Defendant Titus Oates stands Indicted let them come forth and they shall be heard for now he stands upon his Discharge Mr. Phipps May it please your Lordship and you Gentlemen of the Jury Oates My Lord I desire your Lordship and the Court would be of Councel for me in one thing which I take to be a Fault and Error in my Indictment L. C. J. Look you Mr. Oates whatever you have to say of that nature you must not speak to it now you will have your time as to that hereafter in case you be Convicted Oates My Lord I have but one small exception to open to you L. C. J. We are now upon the Fact only Oates My Lord I beg you would give me leave only to tell you of a mistake in the Indictment which I hope when I have opened will satisfie your Lordship that it ought not to be put upon me or the Court to try this Cause or to be sure if there should be a Conviction I hope I may move an Arrest of the Judgement L. C. J. So I tell you you may but not now Oates Good my Lord hear me but a few Words the Indictment charges me to have given such and such Evidence that there was such a Consult of the Jesuites at the White-Horse Tavern in the Strand the 24th of April 1678. that the Jesuites did afterwards divide themselves in several lesser Companies that they came there to a resolution to murder the late King and that I swore that I carryed that Resolution from Chamber to Chamber and saw the Resolution signed by them so the Word is Signat ' now the Perjury assigned is that I was not present at that Consult nor did carry the Resolution from Chamber to Chamber to be signed and there the word is Signand ' now I conceive if Signat ' be the word that is used in setting forth the Oath that I made The Assignment of the Perjury ought to follow that form and the Word there ought to be Signat ' too being Signand ' I take that to be an Error L. C. J. Look that is not proper at this time as I told you at first but withal I do not think there is any great matter in what you say Mr. Att. Gen. Either I do not understand Mr. Oates what he means by the Objection or he will find himself much mistaken in it L. C. J. Well well we have nothing to do with that now go on with the Cause Mr. Phipps May it please your Lordship and you Gentlemen of the Jury this is an Indictment against Titus Oates for Perjury which Indictment sets forth that Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove the Sixteenth of Dec. in the Thirtieth year of the late King at the Old Baily were indicted of High Treason for conspiring the Death of the King and that Ireland Pickering and Grove were tryed the 17th of Decemb. in that year and upon that Indictment Titus Oates was produced as a Witness on the behalf of the King against the said Ireland Pickering and Grove being sworn to give Evidence to the Jury that were Impanelled and sworn to try that Cause he did swear and give in evidence that there
about a place to see the Play Mr. Jenes Did you see him the 23d of April Old Style that is the third of May New Style which was the day after your Play that you remember Mr. Thornton I do not remember that I did see him that day by any particular circumstance though I believe I did Mr. Jones Do you remember when Mr. Poole came away from St. Omers Mr. Thornton Yes I do Mr. Jones When was that Mr. Thornton The 5th of May New Style Mr. Jones Was Oates at St. Omers at that time Mr. Thornton Yes he was there then I am sure Mr. Att. Gen. Was not he Reader there in the Colledge Mr. Thornton He was Reader in the Sodality and to my knowledge he did not miss once from the 24th of April New Style to the 24th of May New Style from being there and reading in the Sodality L. C. J. What did he use to read Mr. Thornton Some Spiritual Book or piece of Divinity or the like as it was usual to have read every Sunday and Holidy L. C. J. And that is one reason why you conclude he was there all that while because every Sunday and Holiday he was to read and did read Mr. Thornton Yes my Lord. Oates Pray my Lord be pleased to ask this Gentleman what Religion he is of Mr. Thornton A Roman Catholick Oates Where does he live L. C. J. Where do you live Mr. Thornton Mr. Thornton I am a Northumberland man that 's my Country Oates Mr. Lord I desire to know of him when he did come from St. Omers Mr. Thornton I came from St. Omers my Lord about two years after that Oates went away from thence Oates Pray my Lord be pleased to ask him who it was that was Rector or Governour of that House or Colledge Mr. Thornton It was one Mr. Richard Ashby Oates Pray my Lord be pleased to ask him what School he was in there Mr. Thornton I was in Sintaxe my Lord. Oates Then my Lord I would ask him another question and that is this whether he was not a Witness in behalf of the five Jesuits and Mr. Langhorn Mr. Thornton No I was not my Lord. Oates My Lord I desire to know if he can tell the occasion of Mr. Hilsley coming away from St. Omers Mr. Thornton It never concerned me at all and I never enquired into it Oates Then my Lord I would ask him this question why he is so precise as to his Remembrance of what was done in April and May when he does not give any account of any other time nor did the other Witnesses L. C. J. Yes but they do they give you a particular account from the time of your coming thither which was about Christmas some say the latter end of November or the beginning of December they are not positive to any particular time but thereabouts and so from that time all along till June Oates I beg your Lordships pardon I did not hear that he said any such thing L. C. J. If you will I 'll ask him that question again for your satisfaction Oates If you please my Lord. L. C. J. Then mind what is said Do you remember that Oates was there in March before and in February before Mr. Thornton Yes I particularly remember in March before he did read a Ridiculous Book in the Sodality and he was remarkable in the House by twenty Ridiculous passages Oates I do acknowledge I did in March read a pleasant Book called The Contempt of the Clergy L. C. J. By whose Order did he read that Book in the Sodality Mr. Thornton I do not know whether it was by his own election that he was Reader there or by the Command of the Prefect of the Studies that has the Care of the Students and appoints them their Business Oates Pray my Lord be pleased to ask him how long he was Resident at St. Omers Mr. Thornton I was there seven years L. C. J. You said he was there in June till Midsummer Eve Mr. Thornton Yes he was so Oates I own that I was there in June but that was after I returned from England L. C. J. When do you say he left the Colledge first Mr. Thornton He never left the Colledge from the time of his coming thither first till Midsummer Eve only one time that he was at Watton and that was but a day or two at most which is not a League out of Town L. C. J. Do you remember him there about Christmas time Mr. Thornton Yes my Lord very well L. C. J. When was it he went to Watton Mr. Thornton About the latter end of January as I do remember and in February above Shrovetide I remember him particularly to be there L. C. J. Now Mr. Oates you see he speaks to other times besides April and May and he brings upon my word very notable circumstances Oates He says he went to School with me there I think my Lord. Mr. Thornton No I say he was in the same Colledge L. C. J. But not in the same Classis for it seems you were in the Rhetorick Form and he in the Syntax Mr. Thornton My Lord he went there by reason of his Age and upon no other account he might have gone elsewhere with us who were of a lower Form for any great store of Learning he had L. C. J. You hear him I suppose Mr. Oates he gives no great commendation of your Scholarship Oates That is nothing to this question but pray my Lord be pleased to ask him whether he did not hear of a Consult of the Jesuits held here in England in April 78. L. C. J. What say you Sir Did you hear of any such Consult Mr. Thornton Yes my Lord I did hear of a Triennial Congregation such as used to be held by them but that did not belong to me to enquire into it Oates My Lord I desire to know of whom he did hear it L. C. J. How do you know there was such a Consult who told you of it Mr. Thornton I heard of it in the House and I had read that it was the Custom of that Society of People to have such a meeting once in three years Mr. Att. Gen. Pray for what purpose did they so meet Mr. Thornton As I have been told It was to send a Procurator to Rome and for their managing their other Affairs which concern'd their Society Mr. Sol. Gen. Have the Jesuits usually such a Consult once in three years Sir Mr. Thornton I was never present at any such Congregation I was not capable of it L. C. J. But was it us'd to be said so Mr. Thornton Yes my Lord I have heard it said so and read of it L. C. J. Mr. Oates Will you ask him any more questions Oates No my Lord. L. C. J. Well then go on Mr. Attorney and call another Witness Mr. Att. Gen. Swear Mr. William Conway which was done Mr. Sol. Gen. Mr. Conway pray will you give my Lord and the Jury
an account where you were in the year 1677. and in the year 1678. Mr. Conway I was then at St. Omers my Lord. Mr. Sol. Gen. Do you remember Mr. Oates there at any time Mr. Conway Yes my Lord I do Mr. Sol. Gen. Pray at what time was he there as you remember Mr. Conway He came in December before Christmas 1677. and did not go away till June 1678. Mr. Sol. Gen. What time in June did he go away Mr. Conway About the twentieth of June I think Mr. Sol. Gen. Were you there all that year Mr. Conway Yes I was there a Scholar in the Colledge Mr. Jones Was he all the time you speak of in the Colledge Mr. Conway He lay out one night Mr. Sol. Gen. What time was that Mr. Conway In January to the best of my remembrance Mr. Sol. Gen. Could he be out of the Colledge any time and not be mist Mr. Conway No my Lord he could not Mr. Sol. Gen. Did you miss him at any time Mr. Conway No my Lord. Mr. Sol. Gen. Was he there in April 1678 Mr. Conway Yes my Lord. Mr. Sol. Gen. Can you tell any particular passages that can make you remember it Mr. Conway Yes my Lord I can Mr. Sol. Gen. Tell my Lord and the Jury how you can remember it Mr. Conway I remember Mr. Hilsley's departure which was the 24th of April New Style and soon after Mr. Bournaby came but I do not know the time exactly I was desirous to know of Mr. Bournaby whether he met Mr. Hilsley upon the way and he told me he did meet him and the next day I saw Mr. Oates and Mr. Bournaby walking together very familiarly and I took particular notice of it at that time Mr. Bournaby being but newly come so that I took him to have known Mr. Bournaby before or else I concluded him to be a little impudent by his intruding into his company Mr. Sol. Gen. Do you remember him in March before Mr. Conway Yes Sir Mr. Sol. Gen. What particulars do you remember of his being there then Mr. Conway I remember him to be there on the Thursday in Mid-Lent the Scholars in the Colledge had a particular Recreation which they call Sawing of the Witch and Mr. Oates was among them and I was one of them that broke a Pan about his head for Recreation Mr. Sol. Gen. Do you remember the first of May that there was in your Colledge a Play acted Mr. Conway As for the Play I remember what part Esquire Pool acted in it but I remember not any particulars that can make me so sure as to swear that Oates were there Mr. Att. Gen. Do you remember any scuffling for a place there Mr. Conway I do not remember it of my own knowledge I heard of it afterwards Mr. Sol. Gen. You say that you saw Mr. Bournaby and him walking together the next day after he came Mr. Conway Yes I did so Sir Mr. Sol. Gen. Did Oates use to read in the Sodality Mr. Conway My Lord there was another chosen according to the Custom to read but Mr. Oates took the Book and did read Mr. Sol. Gen. Did he read constantly Mr. Conway I did never miss him any Sunday or Holyday all the time L. C. J. From what time to what time did he read Mr. Conway From a little after Easter till he went away Mr. Att. Gen. Is it usually taken notice of in the Colledge when any person who is a Student goes away from the Colledge Mr. Conway There is nothing more discoursed of among Scholars than that when it happens any one goes out of the Colledge L. C. J. And pray when did he go away Mr. Conway In June about the twentieth as near as I can remember Mr. Sol. Gen. Did you observe him at Dinner there constantly Mr. Conway Yes he sate by himself Mr. Sol. Gen. How came that to pass Mr. Conway He sate at a little Table in the Hall by himself for he pretended being a man in years he could not Diet as the rest of the young Students did and therefore obtained leave to sit alone at a little Table by himself and he sate next to the Table of the Fathers to which all the Students were to make their Reverence before they sate down L. C. J. He was a very Remarkable man by his sitting by himself Did he sit there alwaies Mr. Conway He changed his Table once and I took notice that he sate on the other side of the Refectory Mr. Sol. Gen. When was that I pray can you remember Mr. Conway That was a little after Easter Mr. Att. Gen. Will Mr. Oates ask him any Questions Oates Pray my Lord will you ask this Gentleman what Religion he is of Mr. Conway I am a Roman Catholick Oates Pray ask him where he lives L. C. J. Where do you live Sir Mr. Conway Where now at present my Lord L. C. J. Where do you usually live Mr. Conway I am a Flintshire man my Lord. Oates Pray ask him what Name he did go by at St. Omers Mr. Conway By the name of William Parry Oates Pray ask him by what name he gave his Evidence in at the five Jesuits Tryal L. C. J. Were you a Witness at the Tryal of the five Jesuits Mr. Conway Yes I was L. C. J. By what name did you give your Evidence there Mr. Conway By the name of Parry Oates Then I desire the Court to take notice he represented himself by a feigned name in a Court of Record Mr. Conway I went by both names my Lord. L. C. J. Well make what advantage you can of it by and by Oates Pray my Lord ask him if ever he heard of any Consult of the Jesuits held here in England in April 1678 Mr. Conway Yes I did Oates Pray my Lord ask him who inform'd him of that Consult Mr. Conway I heard it among the rest of the Scholars and seeing some of the Fathers go over to it I was told so Mr. Att. Gen. Is it an usual thing for them to have such meetings Mr. Conway They have a Congregation ordinarily once in three years Mr. Sol. Gen. Does it go by the name of a Consult or what name has it Mr. Conway Some call it a Congregation and some a Consult M. Sol. Gen. What is the end of such meeting as you have heard Mr. Conway They say it was to chuse a Procurator to send to Rome and give an account of the Province Oates My Lord I would ask him another question whether he is to have any Reward for giving this Evidence here Mr. Conway No not that I know of but what I expect from Almighty God Oates Pray ask him how long he lived at St. Omers Mr. Conway Five years Oates My Lord I have done with him Mr. Sol. Gen. Then call Mr. Haggerstone and swear him which was done Mr. Att. Gen. Mr. Haggerstone pray will you acquaint my Lord and the Jury were you at St. Omers in the year 1678. with
came he was to be dismiss'd Oates I desire to know what Religion this Gentleman is of Mr. Gerrard My Lord I am a Roman Catholick Oates Pray my Lord ask him what Name he went by at St. Omers Mr. Gerrard By the Name of William Clovell Oates Pray my Lord ask him when he went to St. Omers and how long he was Resident there Mr. Gerrard I came there about two years before he came and was there about two years after he went away Oats Pray my Lord ask him whether he came directly for England when he left St. Omers Mr. Gerrard No my Lord I was four years in Low Germany and France and came into England the last year Oates Pray Sir were you a Witness at the five Jesuits Tryal or at Langhorns Tryal Mr. Gerrard No I was not I came but last year to England I tell you Oates Pray my Lord ask this Gentleman whether he did not know or hear of a Consult of Jesuits that was to be in April 78. and from whom he heard it Mr. Gerrard My Lord I know it is the Custom of the Fathers of that Order to have a Congregation once in three years about the Affairs of their Society but then no Person is admitted to be one of that Congregation but them that have been eighteen years Jesuits and he not having been so much as a Novice I know not how if he had been here he could have been present at it L. C. J. He says that there us'd to be a Triennial Congregation for the Business of the Society but you could not be present at it because you had not been eighteen years a Jesuit Mr. Gerrard An. decimo octavo Currente is the word of the Rule Oates Pray my Lord ask him this Question how he knows that to be the Rule Mr. Gerrard You or any man may Read them in their Books L. C. J. It seems he has Read them and he says you must pass through eighteen years before you be admitted of the Congregation and he believes you were not there for you were not capable of so much as a Noviceship Oates I desire your Lordship to ask him whether or no he heard me Read in the Sodality Mr. Gerrard Yes I did Oates Were you of the Sodality Mr. Gerrard Yes I was Oates Pray my Lord ask him what Oaths are there taken before they be admitted into the Sodality L. C. J. No by no means I will not do it Oates Why my Lord may not I ask it to shew what kind of men these are L. C. J. No indeed it is but the same Question again that I told you before is not to be asked for it may make him liable to a Penalty if you come to be a Witness no man should ask you a Question that might make you obnoxious to a Penalty no more must you ask them any such Questions Oates I have done with him my Lord. Mr. Sol. Gen. Where is my Lord Gerrard of Bromeley Lord Gerrard Here I am Sir Mr. Att. Gen. Pray my Lord do you remember Mr. Oates at St. Omers in the year 77. and 78 Lord Gerrard He was disguised in another Habit and another colour'd Perriwig the Hair was blacker than that he has on now but I remember his Face very well and know him again by the Tone of his Voice which was very remarkable but I never remember that he was absent from St. Omers after he came thither I remember his coming exactly which was about Christmas nor did I ever hear that he was absent till June 78. New Style when he went away Mr. Sol. Gen. Do you remember my Lord when Mr. Bournaby came Lord Gerrard I do remember Mr. Bournaby's coming but what time it was I cannot exactly tell L. C. J. Is my Lord Gerrard sworn Mr. Sol. Gen. I think so Lord Gerrard No my Lord I am not sworn L. C. J. You must be sworn my Lord which was done now if you be pleased to ask my Lord any Questions do Mr. Att. Gen. My Lord we desire to know of my Lord Gerrard of Bromeley whether he knew Mr. Oates at St. Omers Lord Gerrard My Lord I remember he came in 77. as I take it it was the beginning of December and never heard he was absent or miss'd till June 78. I remember particularly upon the 25th of March there was a new Lector to be Reader of the Sodality and Mr. Oates desiring it he was appointed to Read I was there my self and I never miss'd him I heard him Read that I do remember several Sundays and Holidays and never knew him absent any one however for five or six weeks he was constant at Reading and I can the better remember it because he had a particular Cant in his Tone which all men may know which ever conversed with him Mr. Sol. Gen. If Oates please to ask my Lord Gerrard any Questions he may Lord Gerrard Pray my Lord let me speak a word or two more L. C. J. Ay my Lord pray go on Lord Gerrard I remember I heard Mr. Oates was at the Confirmation which was upon St. Austins day there was a Confirmation by a Catholick Bishop about the 26 of May New Style I Remember I heard Mr. Oates was there and the Bishop did particularly note him as a person of elder years than the rest of the Students L. C. J. Do you know this my Lord of your own knowledge Lord Gerrard I do my Lord. L. C. J. Because you say you heard it Lord Gerrard My Lord further I remember this when the News of the Plot being discovered by Oates came to St. Omers where he went by the name of Sampson Lucy and sometimes Titus Ambrosius it was wondered by all the Scholars that knew him there how he came to be so impudent to pretend that he was at such a Consult the 24th of April 78. when all the Colledge saw him every day in April and May at St. Omers as much as a man can be seen in a Family and was never known to be absent so much as one day besides my Lord 't is a thing as generally noted as a thing can be that no Scholar goes away from or comes to the Colledge of St. Omers but it is particularly known to the whole house It is the Common News and Discourse as much as any new occurrences is here about the Town Mr. Sol. Gen. If Oates be pleased to ask him any questions he may Oates My Lord I desire this Noble Lord may be ask'd a question or two I do not Remember his Lordship there Lord Gerrard I do very well remember the man by particular Remarques Oates Yes my Lord you have occasion to remember me and so have your whole Party Pray my Lord let my Lord Gerrard be ask'd what name his Lordship went by at St. Omers Lord Gerrard Mr. Oates I am not difficult in telling the name I went by there It was Clovel Oates Pray my Lord I desire to know what Religion his