mans credit and look upon his Evidence as I do to be very false L. C. J. Do you hear him Mr. Oates Oates No my Lord I do not very well L. C. J. Then my Lord of Huntingdon turn your face to the Jury and say what you said to us over again Which his Lordship did to the same Effect Oates Very well my Lord. Mr. J. Withens There 's your Credit with the House of Lords Mr. Oates Oates My Lord I call'd you in to answer my question as to somewhat what is past and to give your judgment how you are inclin'd to believe now L. C. J. Nay but with your favour it was to declare what opinion the House of Lords had of you and he says very well and that is in truth the same answer that must be given for the Judges and the Juries that try'd the People upon your Evidence says my Lord of Huntingdon at first truly I did believe Mr. Oates did swear true and he had credit with me and so he had with others But now upon further Examination into things and in process of time Discoveries have been made of the truth and that what he swore is false so that now I believe in my Conscience he is actually forsworn and has drawn innocent Blood upon the Nation and no body will believe a word he says Oates Well my Lord I have done with my Lord of Huntingdon Mr. J. Withens And he has done with you as I perceive L. C. J. Yes truly methinks ye shake hands and part very fairly Mr. J. Holloway There 's my Lord Chief Baron what say you to him Mr. Oates L. C. J. Is my Lord Chief Baron sworn Cryer Yes my Lord he is L. C. J. Then what do you ask him Oates My Lord I call'd your Lordship because your Lordship sate as a Commissioner of Oyer and Terminer in the Old-Bayly at Ireland Whitebread and Langhorn's Tryals and that which I call your Lordship for is to give an account to my Lord and the Jury of the satisfaction your Lordship received concerning the fullness and fairness of the Evidence then deliver'd by me in those Tryals L. C. Baron My Lord I cannot charge my memory with it L. C. J. He says he cannot remember L. C. Baron No not in particular but in general I remember there was a great many Persons that gave Evidence in those Tryals on the one side and the other There were a great many Persons that came from St. Omers that gave Evidence there of Mr. Oates being at St. Omers when he said he was in Town Oates And what Credit were they of at that time pray my Lord L. C. Baron I think they were Persons of very good Credit they were Gentlemen of good Families many of them Oates Did the Jury believe them at that time L. C. Baron I cannot tell what the Jury did L. C. J. Nor is it any matter at all what they did But I would ask you my Lord but one question Have you heard this Evidence that has been given here to day L. C. Baron No my Lord I have not L. C. J. If you had I would then have ask'd you whether you believe him now or not L. C. Baron Truly my Lord I never had any great Faith in him I do assure you as to my self Mr. J. Withens You hear what he says Mr. Oates you had never any great Credit with him Oates My Lord I am not at all concern'd at this I value my self more upon my own Innocency and Integrity than any Man 's good or bad Opinion whatsoever L. C. J. Ah! your innocency is very great Oates Then my Lord I will conclude my Evidence Mr. Att. Gen. My Lord before Mr. Oates goes to summ up his Evidence we have some other Evidence to give L. C. J. What say you Mr. Oates will you call any other Witnesses to this point Oates My Lord if they bring any other Evidence I hope I may have my turn to answer it L. C. J. Ah! Truly if they bring any new Evidence that you have not applied to already God forbid that you should not be heard but if it only gives an answer to the Evidence that has been given then you must not retort on them for they are to have the last word but it is not fit withal that you should be denied any thing that is necessary or really of advantage to you Oates If they offer any new Evidence to my dis-reputation the question is whether I may have a time allotted me to make my defence against that Evidence L. C. J. Ah! Ah! In God's name by all means Mr. Att. Gen. This is the usual method of Proceedings but I would know if Mr. Oates has any more Witnesses to Examine to this point that he has examin'd to already Oates My Lord I think I have no further Evidence at present till I hear what they further say Mr. Att. Gen. Then may it please your Lordship and you Gentlemen of the Jury Oates I hope when your Lordship summs up the Evidence you 'll remember what has been said by the Witnesses L. C. J. You may assure your self I will remember whatsoever has been said on the one side and t'other as near as I can the Gentlemen of the Jury are Men of understanding and I see they take Notes and I 'le give them all the assistance I can Oates Truly my Lord I have some more Witnesses to the same purpose if your Lordship please to spare time to hear them L. C. J. Ah! Ah! We sit here to hear the Witnesses call whom you will Oates Is my Lord Lovelace here L. C. J. I cannot tell I do not see him here but you did call my Brother Gregory there he is what say you to him Oates Mr. Baron Gregory was Speaker of the House of Commons in one of the Westminster Parliaments L. C. J. Swear my Brother Gregory which was done Oates I desire your Honour would be pleas'd to give this Court and the Jury an account you being Speaker of the House of Commons what credit I received there in that House upon my discovery of the Popish Plot. Mr. B. Gregory My Lord that is a pretty general question it is not possible for me to remember the Proceedings in the House of Commons so long ago L. C. J. But Brother I tell you what he means by it he would have you to answer this question whether he was of good credit in the House of Commons or not Mr. B. Gregory I know not what answer to make about the credit he there had any Member of the House of Commons may give as good and better an account in that matter than I and truly I do not remember that Mr. Oates was before the Barr of the House when I was Speaker I believe it was before I was Speaker that he was Examined at the Commons Barr. L. C. J. Well he can remember nothing of it Oates Is my Lord Lovelace there Crier He has
Wifes Sister and his Nephew and his Daughter and his Neeces and a worshipful Knight and I know not who that the old Woman tells me are gone into my Countrey were all there at the same time and no body comes to testifie it but onely this Coachman and this old Woman These Gentlemen are things fit to be thought of But now let us consider how they agree in their Evidence Says the Woman I saw him not till the beginning of May but I am sure he was there before once or twice And how does she know that because the Coachman told her so and he came there several times but he did Dine there but once and when he came there the first time she saw him he came in such a disguise and he had a short Perriwig and a kind of short white Coat and a white Hat but when my Coachman comes to swear he tells you the first time he saw him the Woman saw him too that he had his own Hair and cut close to his cars that made him look as the young fellow told her like a Quaker And when I asked the Coachman Are you sure that Benjamin the young Fellow did see him the first time you saw him there he told me No but he was sure the old Woman did look out of the window and see him which she denies I then asked him how often he dined there he tells you several times and there were such and such and the old Woman did see him dine there several times which she denies that she ever saw him dine there above once And I take notice of one of the Evidence the Coachman he gives but an odd sort of reason for his remembrance In February says he my Lady died and my Master was sick at Putney and Oates came into the Yard while I was cleaning my Coach and I am sure it was where the Coat of Arms hung over the door because he asked me about my Ladies death and therefore it must be in May when for ought does appear to the contrary it might be in any other Month after the Escutcheon was up and in the other circumstances there is no certainty at all So that it is plain these Witnesses swear according as their humour leads them and not according to any remembrance they have of the thing And I rather believe it because the third Witness that is Page the Apothecary that used to make up Sir Richard Barker's Medicines gives an Evidence contrary to both those he cannot remember the year positively or particularly but I 'll tell you how he thwarts and contradicts the other peoples Testimony for he remembers he came in such a disguife but he believes no body spoke to him but himself because he found him walking in the place that was for the common reception of the Patients and he asked for Dr. Tongue and he not being within he went away very discontented and so now these three Witnesses seem to contradict one another and the last Witness Walker who is the Parson he says nothing to the matter for it does plainly appear the time which he speaks of which was about a year and a half before he was call'd to testifie at the five Jesuits Tryal must be in the year 77 and not in the year 78 which is the Question here which must be before he went first to St. Omers Gentlemen the other part of Mr. Oates's Defence has been upon this Topick says he I have been believed heretofore the Parliaments have given me credit and to prove it he has call'd several Noble Lords and Persons of Quality The first was my Lord of Devonshire who says he cannot remember any particulars of his Evidence 't is so long since but he remembers the Parliament upon the Evidence given of the Plot did make such Votes as we do all know of And there were a great many people that gave credit to his Testimony who God be thanked are of another opinion now And my Lord of Clare says he was not in the House of Lords at the beginning of the Discovery and cannot remember any thing in particular But my Lord of Huntingdon was a little more particular and Mr. Oates began to be angry with him because he spoke so much says he I remember Mr. Oates was examin'd in the House of Lords and was believed there because they did believe he spoke truth at that time but now upon consideration of the Contradictions and Falsities of his Evidence I cannot but say I do believe him says he to be a great Villain and that he has been guilty of spilling innocent Bloud And this Noble Lord speaks with great Honour and Consideration And truly I believe if every man that is here were to speak his mind my Lord has delivered the Opinions of us all and many thousands more in the Nation Mr. Oates call'd next my Lord Chief Baron my Brother Gregory my Lord of London Sir George Treby Mr. Williams and my Brother Dolben But they all tell you they are able to give no particular Answers to his Questions and this was the sum of his Evidence To this Mr. Attorney General has given a Reply of Evidence that truly is of very great moment First here is produced Sir George Wakeman whom Oates accused of High-Treason and he suffered his Tryal and was acquitted so that as well as the Jury had given credit to him in the former Verdicts so says Mr. Attorney I must speak likewise for the credit of that Verdict that did disbelieve him because though he did swear as roundly and briskly up to the matter as he had done before yet when he had not the hurry and surprize of his Discovery to support him his Villany was detected and the Innocent acquitted And besides the Record of the acquittal here is the Person himself who is now under no dread or danger having stood his Tryal and being acquitted and he takes it upon his Oath in the presence of the Great God the Searcher of Hearts That whatsoever Oates swore against him at his Tryal was every tittle of it false And this Acquittal of his being after great and mature consideration is an Evidence of anothergets quality than the Verdicts of the other Convictions Next to him is my Lord Castlemain a Person of very great Honour and he gives an account he was arraigned of High-Treason at this Bar and upon his Tryal Oates was produced as a Witness against him and there he swore he met with my Lord Castlemain in Lincolns-Inn-Fields and great familiarity there was between them so that my Lord could not trust him in a less affair than the Plot and away he goes with him to Fenwick's Chamber there to talk about a Designe of killing the late King Mr. Oates of all mankind must be the great Repository of this Secret but the Jury then being Persons of great Understanding and Integrity did not believe Oates but acquitted my Lord Castlemain And he does here take it
I must come to be called to an account for Perjury in my Testimony of that part of the Popish Plot with which the King and Kingdom four successive Parliaments all the Judges of the Land and three Juries were so well satisfied I shall therefore offer to your Lordship and the Juries consideration the unanimous Votes of three Houses of Commons I shall offer the Proceedings of the House of Lords that is the highest Judicature in the Kingdom I shall prove what I have open'd by the Testimony of several Noblemen that are here who will testifie this for me My Lord I shall prove that several attempts have been made to baffle this Testimony as that of the Murther of Sir Edmundbury Godfrey who took my Depositions the Contrivance of Paine Farewell and Thompson made in the year 81 or 82 I forget which I shall then produce Evidence that I was actually here in Town at the time in question and then upon the whole I shall submit it to your Lordship and the Jury But to prepare your Lordship and the Jury the better for my Evidence I would again urge the strangeness of this Prosecution and the hardship that is put upon me to be tryed for Perjury in an Evidence given six years ago and formerly very industriously though not succesfully endeavoured to be falsified by sixteen St. Omers Youths that were produced and examined before all the Judges in the Kingdom and that not only once at Whitebread's Trial but a second time at Langhorn's Trial in neither of which would the Jury believe them because of their Religion and Education and the persons under whom they were educated who were men of known Artifice Then my Lord I would this argue If that time my Evidence were true it must be true still for Truth is always the same and if it were then true and I can prove it to be true 't will be thought a hard thing without all doubt that this should be put upon me Then my Lord I would fain know from my Prosecutors Why this Indictment of Perjury has been deferred so long Why these Witnesses that come now to testifie this matter and could then have been brought did not come before to justifie at the Trials of these persons what they now say which might have sav'd their Lives if true and had been credited Then I shall offer to your Lordship what I desire You and the Jury would please to observe That though the King's Councel are now against me yet they are also against themselves for they were of Councel for the King in those Cases particularly Mr. Sollicitor at Langhorn's Trial Sir Robert Sawyer at Sir George Wakeman's Trial They were of Councel before for the truth of my Testimony they are now against it I only mention that and pass it over But this is not the first attempt that has been made to discredit the Testimony of the Popish Plot as I told you before Now can it be supposed that the love and desire of publick Justice can be the cause of this attempt to falsifie my Evidence after so many Trials in which it has been credited and confirmed Can any thing my Lord more plainly tend to destroy and subvert the methods of Justice to frighten all Witnesses from henceforth from ever appearing to discover any Conspiracies and does it not tend to expose and vilifie the known Understanding and Justice of the late King of ever Blessed Memory to arraign the Wisdom of His Privy-Council His Great and Noble Peers His Loyal Commons in three successive Parliaments His Twelve Judges and all those several Juries that were upon those Trials Had not those Juries sense had they not honesty had they no consciences And the Judges before whom those Conspirators were try'd were they men of no Justice nor Honour nor Integrity nor Conscience nor Understanding Shall those Juries be said to have drawn the innocent Blood of these men upon their own Heads and the Nation as if I were perjur'd it must be innocent Blood that was shed upon it L. C. J. No no that goes a great deal too far Mr. Oates The Jury have no share nor the Judges neither in that Blood which was shed by your Oath Mr. Justice Withens No That is your own most certainly and not theirs Oates But this I say makes it most plain The Evidence was then true and I hope I shall make it as evidently plain 't is as true now and I do not question but upon the Evidence I shall now give both Positive and Collateral the Jury will believe me and acquit me of this foul Accusation Pray my Lord be pleased to consider that when the Jury brought in Ireland guilty of the High-Treason of which he was accused and convicted him Pickering and Grove says my Lord Chief Justice Scroggs that then was to them Gentlemen you have done like very good Subjects and very good Christians that is like very good Protestants and now much good may do them with their Thirty Thousand Masses as I shall prove he did say Then I insist in the second place That Whitebread's Conviction does reinforce the Conviction of Ireland because of the attempt by the St. Omers Witnesses to have overthrown my Evidence But since I am attaqu'd again in the same kind by the violence of the Popish Interest and by the malice of my Popish Adversaries I am contented to stand the Test with all my heart And then to conclude all I shall shew the Court That 't is in vain for the Popish Party to expect and think to wipe their mouths with Solomon's Whore and say they have done no wickedness No I question not but thousands of Protestants in this Kingdom are fully satisfied and convinced of the Truth of the Popish Plot all and every part of it Now my Lord if you please to give me leave to proceed on in my Evidence I shall beg that these Records of Conviction may be read which are my first Proof of the Consult and I shall then bring Witnesses viva voce and shall make it appear that what I did swear at those Trials was true L. C. J. Not to intetrupt you in your Defence or the method you will take for it I would put you upon that which is proper for you to apply your self to because the question now is not Whether there was a Consult or Congregation of the Jesuits here upon the 24th of April 78 but the question that toucheth you is Whether you were present at any such Consult here in London the 24th of April 78 These Gentlemen some of them do say there was a Consult and others that they heard of it and believe there was such an one because it was usual to have a Triennal Congregation for some particular purposes But the question is Whether you have sufficient proof to prove your self to be here on the 24th of April 78 at which time it is agreed of all hands there was a Consult Oates But will your
this Evidence that I have open'd and then I hope we shall satisfie the Jury and all that hear this Tryal that he is one of the most notorious Villains that liv'd upon the Earth to be sure that ever was known in this Kingdom Mr. Soll. Gen. First my Lord wee 'l produce our Records where is the Record of Sir George Wakeman Mr. Swift This is the Record of Sir George Wakeman and this is a true Copy I examin'd it Mr. Soll. Gen. Pray Sir Samuel Astry read a word or two of it C. Crown Here is an Indictment against Sir George Wakeman for High Treason he pleaded not Guilty and here is an Acquittal by the Jury Mr. Att. Gen. He being acquitted I desire he may be sworn which was done Mr. Soll. Gen. Pray Sir George Wakeman was Mr. Oates sworn against you at the Tryal S. G. Wakeman Yes Mr. Sollicitor he was Mr. Soll. Gen. Do you remember what he swore against you at that Tryal S. G. Wakeman Yes I do Sir Mr. Soll. Gen. Was that true that he swore by the Oath you have taken Oates Is that a fair question I desire the opinion of the Court. L. C. J. Ah! Why not Oates He was legally accus'd he cannot swear himself off L.C. J. But he is legally acquitted to we have a Record for that here Oates Ah! My Lord he was acquitted it 's well known how Mr. Soll. Gen. Come Sir was that he swore against you at your Trial true Sir G. Wakeman 'T was false L. C. J. What do you say Sir Sir G. Wakeman 'T was false upon my Oath my Lord. Mr. Soll. Gen. What particulars did he swear against you Mr. Pollexfen Ah! Pray tell the particulars as near as you can what he swore against you Sir G. Wakeman My Lord if your Lordship please I will give a little account what he swore against me before the King and Council Mr. Soll. Gen. That will not do Sir George Wakeman we do not ask you that L. C. J. No it must be only the Evidence that was given upon this Acquittal which is the Record here produc'd before us what did he swear against you then Sir G. Wakeman He swore at that Trial as near as I can remember that I undertook for a certain Summ of Money 15000 l. as I think it was to poyson the King and I was to do it by the means of the Queen I was to provide this Poyson by for her and she was to give it to the King This he swore at my Trial which God forbid it should be true nothing can be more false L. C. J. I ask you by the Oath you have taken you are now quitted and so in no danger and being upon your Oath ought to speak the truth without malice or ill will to him that did accuse you was that he swore true or false Sir G. Wakeman False false upon my Oath I speak it without any malice against the Man in the World Mr. Att. Gen. Then swear my Lord Castlemain which was done Sir G. Wakeman My Lord I 'le be bound to make it appear that all he swore against me was false Mr. Att. Gen. And so was it he swore against my Lord Castlemain and others that were acquitted at the same time with Sir George Wakeman Mr. Soll. Gen. First read the Record of my Lord Castlemain's Acquittal C. Crown Here is the very Record it self It was in this Court my Lord Castlemain was Indicted of High Treason and Tried and Acquitted Mr. Att. Gen. My Lord Castlemain pray what did Oates swear against you at your Trial and pray tell the Court whether that was true or false E. of Castlemain My Lord as near as I remember Mr. Oates did swear at my Trial that he met me in Lincolns-Inn-fields and that he went with me somewhere to Mr. Fenwicks Chamber in Dukes-street in Covent-garden where he said I did talk a great deal of Treason and a great discourse of that kind he said there was and he swore that I was in several Cabals in relation to the Kings death I was afterwards acquitted by the Jury that Tri'd me as appears by the Record and here I do declare as in the presence of God and with all the Imprecations of divine vengeance to fall upon me if I speak any thing but the truth that not only that which he swore was false but that I never had any thoughts in my heart much less did ever declare in my words of any injury or hurt against the late King And besides that I never saw the face of Oates in my life till after I was put in Prison upon his accusation of me Oates My Lord I desire to know what Religion that Noble Lord is of E. of Castlemain I am a Roman Catholick my Lord. L. C. J. We all know what Religion my Lord is of you need not ask that question Oates That 's not the point my Lord I must have declar'd in Evidence L. C. J. I wonder to see any Man that has the face of a Man carry it at this rate when he hears such an Evidence brought in against him Oates I wonder that Mr. Attorney will offer to bring this Evidence Men that must have malice against me L. C. J. Hold your Tongue you are a shame to Mankind Oates No my Lord I am neither a shame to my self or Mankind what I have sworn is true and I will stand by it to my last breath and seal it if occasion be with my Blood L. C. J. 'T were pitty but that it were to be done by thy Blood Oates Ah! Ah! my Lord I know why all this is and so may the World very easily too L. C. J. Such impudence and impiety was never known in any Christian Nation Oates But this will not do the work to make the Plot to be disbelieved things are not to be done by great noises I will stand by the truth L. C. J. Can you think to out-face such Evidence as this with your Impudence Oates But I hope you 'l give me leave to make my defence L. C. J. Then carry your self as becomes you in the Court. Oates My Lord I will do so L. C. J. If you do not we know how to make you do it you shall not think to Domineer here Oates My Lord I hope I do behave my self as I ought L. C. J. No You do not Oates Ill Language may provoke any Mans Passion my Lord. L. C. J. Keep your self within bounds and you shall be heard but we 'll suffer none of your Extravagancies Oates My Lord If I had been aware of this I could have produc'd Evidence that would have supported my Testimony in these matters L. C. J. Go on with your Proofs Mr. Attorney Mr. Attorney We will do so my Lord. E. of Castlemain Have you done with me Sir L. C. J. Have you any other questions to ask my Lord Castlemain Mr. Att. Gen. No my Lord. L. C. J. Then your Lordship may fit down
received so much Credit and Approbation so long ago by the good opinion that all forts of men had of it at that time And Now to question this he would have thought to be a casting a Blot upon the Wisdom of the Nation and an arraigning the Justice of it when if the thing be duly considered the not punishing this hainous offence with the utmost severity that the Law will allow of now that these Circumstances appear to make it plain and evident would be a greater piece of Injustice and Reproach rather to our Nation than any ways a Reflection on the Justice of it Gentlemen when we consider the Circumstances of this Case now I do verily think it will appear to be a very strange and wonderful thing to us that ever any man should have believed him And it is a strange Consideration to reflect upon to think what Credit he had at that time But withal consider Gentlemen could any one imagine that it were possible for any man on Earth to become so impudent as to dare to expose himself before the High Court of Parliament the great Courts of Justice and there tell a most Infamous Lye for the taking away the Lives of men the greatness of the Attempt was a great inducement to the belief of it because no man could be presumed to dare the doing of such a thing if he had not a Foundation of truth to build upon And when he had thus made his discovery and that of such a nature too a most horrid bloody and traiterous Conspiracy to murder the King to overturn the Government to massacre all the Protestants in the Kingdom and to deface the very name of the Protestant Religion What was more natural than that the Parliament should take all imaginable care to prevent the accomplishment of so great a mischief And consider too how much easier it was for him to relate his Evidence in a continued Story than afterwards it was to maintain it when it came to be examined and opposed by them that were accused who best knew wherein and by what means to prove him false Gentlemen the Care the Parliament took to disappoint any designs of this nature and the means they used for the security of the King and Kingdom and the Preservation of our Religion and Lives which I cannot but observe was praevious to the Trial of any one Offender that was tryed and convicted upon this Evidence must needs put the whole Nation under great apprechensions of danger and make the way much easier for him to be believed as by sad experience we found it did Under these circumstances came those men to be tryed with this further as we cannot now but think that there were ill men at work that laboured to improve those fears and Jealousies that had already possest mens minds the wonder then will be the less if men under such disadvantages tryed by men under those fears and apprehensions had the ill Fortune to be convicted But when men had a little overcome their fears and began to consider his Evidence more calmly the scene was changed Oates lost his Credit and the men were all acquitted Nor is this Prosecution any reflection on the Protestant Religion whose cause he falsty assumes to himself No Gentlemen the Protestant Religion had no share in that invention It needs not the support of a Lye no not the most plausible Lye much less of one so Infamous as this does now appear to be It is rather a Vindication of our Religion to punish such Offenders as they deserve and the proper way to maintain the Justice of the Nation and wipe off that reproach this mans Perjury has brought upon it L. C. Justice Then Gentlemen of the Jury the Evidence has been very long and it cannot be expected after so much time has been spent in this Cause and such a difference of testimony and especially considering that the testimony has met with frequent interruptions and I may say some part of it delivered in great Confusion it cannot be thought or imagined I say that I should be able to remind you of the several particulars that concern this Case and may be necessary to be observed about it But Gentlemen I am sure by the Knowledge I have of the most of you you are persons of great Understanding so that what may be omitted by me I question not but your own abilities will supply I confess I am much shortned in my Labour by the pains that Mr. Sollicitor has taken to summ up the Evidence to you and without all doubt has done it with all Faithfulness to his Master and with great Right to himself I could not hear much of what he did say but you who were nearer and did hear all which I could not do your Judgments will direct you to lay that weight upon it which it deserves and which the Law will allow for Gentlemen I am bound to tell you that you are to lay no weight upon any Allegations on the one side or on the other or what is observed to you by the Court further than is supported by the Testimony that has been offered Now Gentlemen I think it not amiss for me before such time as I enter upon the Consideration of the particulars and reminding you what I take to be Evidence in this case and what not to clear one point that this person Oates the Defendant against whom this Indictment of Perjury is brought has endeavoured to insinuate on purpose to gain himself a Reputation which if he could acquire this way would add a greater Reproach to the Justice of the Nation than it has contracted already by giving too much Credit to such Profligate Wretches as have too lately appeared among us The Objection he makes and insists so much upon says he I was believed very much before I can produce you the opinions of the Judges that declared themselves very well satisfied with my Evidence and the Verdicts of Juries two or three that convicted men upon my Testimony and rot only that but here were likewise three or four Parliaments that did not only believe that Testimony or rather Narrative for I cannot call that Testimony which was given before the House of Commons that I gave but did declare their Satisfaction of the Truth of what I said which Satisfaction and Belief of theirs did produce thanks from both Houses to me for giving this Testimony But all this while what Mr. Sollicitor said upon this point is a plain and a full answer to it If in case upon a suddain information the King the Parliament the Courts of Law and Juries were surprized into this Belief as not imagining there could be a pack of such Villains that could be wound up to that height as these Fellows have been that there could be such an horrid Imposture as this Fellow that should make such attempts unless there had been some truth in it Therefore the surprise of the thing at that time
might obtain a Belief but God forbid that that Belief which was so obtained should protect the Party believed from being called in question for the falshood of that Testimony which was the ground of that Belief It was hardly credible that any Person could be so wicked as to declare such impudent falsities as these but God forbid that we should continue longer under the same blindness and delusion the whole matter is now laid open and detected Therefore Gentlemen if you are satisfied in your Consciences and do believe upon the Testimony and Evidence that has been given here this day that those very things that were so much believed before were credited upon the surprise of a suddain discovery or the boldness of the undertaking yet now do plainly appear to be false then be it I say upon your Consciences if you let this falshood go unpunished It is a Charge upon us who are upon our Oaths as Judges and who must answer to the great Judge of all the World for our Judgments and 't is likewise a Charge upon you that are sworn to try this Cause and must answer as well as we for what you do in it not to have regard to any thing that was done before upon that hurry and surprise but seriously to weigh and consider what is sworn now and from thence to make a Conclusion whether you are not satisfied that Innocent Blood has been spilt by the means of this Fellow Nay in this Case 't is a contracting of much more Guilt than ordinary as it is Murder done under the Forms of Law and common Methods of Justice that men should take away the Lives of their Fellow Creatures by Perjury and False Accusations is of such dreadful Consequence that if the Justice of the Nation shall be afraid to have such matters detected there would be an end of all the Security we have of our Lives Liberties and whatsoever is dear to us Gentlemen the Justice of the Nation lies under a very great Reproach abroad for this particular thing and we must be all of us that have any Concern for the Honour and Good of our Country uneasie till this matter be throughly searched into and impartially determined and I take it to be a Case of the greatest Importance to the Settlement of the Kingdom for the Credit of our Laws for the Honour and Justice of our Kingdom that ever came in Judgment in any of our Courts of Justice And therefore as you respect your own Consciences and the Obligation of that Oath you are now under and as you would be thought to bear any regard to the Peace Honour and Good of your Country take care to examine strictly and impartially into the Merits of this Cause and weigh the Evidence which has been given on all sides Be not at all dismayed with the Apprehensions of Clamour or Calumny from any sort of People whatsoever for doing your Duty neither be led away by the Insinuations of what was believed formerly for you hear the reason which might make Oates be believed then but it is incumbent upon you to enquire whether you have not sufficient reason to be satisfied what the truth now is And Gentlemen I take my self to be the more obliged to take some pains in the pressing a serious and Impartial Consideration of these things upon you because I cannot but say my Blood does curdle and my Spirits are raised that after the Discoveries made I think to the satisfaction of all that has attended this Day to see a Fellow continue so Impudent as to brazen it out as he has done this Day and that there should appear no more Shame and Confusion than what was seen in the face of that monstrous Villain that stood but now at the Bar the pretended Infirmiy of his Body made him remove out of Court but the Infirmity of his depraved Mind the Blackness of his Soul the Baseness of his Actions ought to be looked upon with such Horror and Detestation as to think him unworthy any longer to tread upon the Face of God's Earth You 'll pardon my warmth I hope for it is Impossible that such things should come before any honest man and not have some extraordinary Influence upon him Gentlemen as to the Merits of the Cause you have the positive proof of many Witnesses whose Testimony I shall by and by as well as I can repeat to you but pray you first give me leave to observe somewhat as to some points that have been started at the Barr as Whether a Papist can be a Witness Now suppose all these persons that come here to testify this matter against the Defendant were Papists as they are not except you can take it upon your Oaths and Consciences that all these men are guilty of voluntary and wilful Perjury you must find the Defendant guilty As to their difference in Religion which Oates so much hung upon I must tell you every Papist or Roman Catholick call them how you will except the contrary be made appear by a Legal Exception I mean such as would take off the Testimony of one that were not a Papist is as good a Witness in a Court of Justice as any Protestant whatsoever we are not come here to controvert points of Religions but to try a bare matter of Fact so that all that stuff that you have heard here this day from the Defendant and those Insinuations that he made about their Religion on purpose to cast dirt and filth upon all the Testimony that they have brought against him must signifie nothing with you at all If in Case such Doctrine happen to prevail as he has this day preached then it is in the Power of any Villain to swear any Mischief whatsoever against a Roman Catholick and that Roman Catholick has no way to vindicate himself nor to make the Truth appear We have no such Exceptions to Witnesses in our Law every man till it is made to appear that his Credit is forseited may and ought to be received as a Witness to give Testimony in any Cause so that all that matter is of no Import at all And Gentlemen I am the rather minded to hint this unto you because he has insinuated something out of the Trials of Grove and Pickering and Ireland which was in December in the Year 1677 at which Trial Whitebread and Penwick who had pleaded to the same Indictment were brought on to Trial but because there was but one Witness against them the Court discharged them for that time and they came not again to Trial till the Month of June or July hereafter when they wereconvicted and executed now between that time of Ireland's Trial and the time when Whitebread and the rest came on to Trial again says Oates they had sufficient time to have brought all their Witnesses from St. Omers to testify this business of my being there having notice by the former Trial what Evidence was against them but all the Witnesses
upon his Oath backt with all the Imprecations of Evil to himself that a man can use That there was not one word of truth in Oates's Testimony nor did he ever see Oates in his life till such time as he was taken up upon his Accusation Now are here two persons of Honour and Quality that upon their Oaths do particularly give you an account as in the presence of Almighty God that Oates has twice forsworn himself against them Gentlemen there is notice to be taken of the Journal of the House of Lords and though it is true for the sake of the Precedent and to secure the Justice of the Nation we did keep them strictly to their proof that it was upon Oath And as to the business of Smith though we do believe the thing in our private judgments yet we thought it not fit to be permitted that persons should upon their own Oathes confess themselves to be guilty of Perjury and afterwards give Evidence against others for such are not to have the countenance of ever being Witnesses again yet by the Records of Parliament and other Evidence there is enough to make the matter aimed at clear For it is clear by his Narrative that Oates did first swear as far as he could well swear to bring him into the displeasure of the People for that was his way to intimidate all he had to do with and thereby force them to comply with his Designes And there was no more plausible Accusation at that time than to accuse a man for saying somewhat against the Parliament or being in a Combination to subvert the Protestant Religion But you see when he comes to have his own turn serv'd then this man upon whom he had fixed such an odious Character is really no Papist at all but engag'd in service for his King and Country and has Mr. Oates's Passport a thing of great advantage to him at that season This the Kings Council make use of with great reason as an Evidence of Tampering for the man has altered his opinion of one he had before accused and now brings him as an honest to give Evidence for him And this say they must be intended to be done by Practice and by Threats And the rather Gentlemen for that you have an account by Witnesses sworn that there was one Clay a Popish Priest that lay in Prison at the Gatebouse and while he was there Oates and Sn William Waller came into the Prison to him and tampering with him says Oates I hear there are some St. Omers Boys that intend to testifie that I was at St. Omers when I say I was at London but you must swear that you din'd with me at Mr. Howards in May 1678 or if you will not you know I know you to be a Priest and I 'll hang you Says Clay Where is my Silver and Gold that was taken away from me And we all know Sir William Waller was wonderful good at the fingering of Gold he us'd to take away broad Pieces as Popish Reliques because of the Crosses upon them Says Clay Give me my Gold again I will swear for you I have been a Rogue before and I may be a Rogue again And accordingly a Contract is made for him to swear directly that Oates and he were together at Mr. Howard's house in May 78. This very Fellow that tells you now the story told it the next morning to another man who has likewise sworn the same Then is Clay conveyed by Oates to the Old-Baily and there swears being thus threatned and suborn'd That in May 1678 he and Mr. Oates dined together at Mr. Howard's house and you have Mr. Howard produc'd who does swear that Glay did swear so but indeed he was not there with Mr. Oates at dinner till July after This Gentlemen is direct Corruption and Subornation and if a man will be a corrupt Knave and endeavour to suborn Witnesses to swear that which is false he is the more likely to swear false himself Besides that you are to take notice here is his own Narrative produced where you have it sworn by himself That he went back to St. Omers about the beginning of May and was there all the month of May and in June till the latter end of it Then all this while either Mr. Oates or his Witnesses are perjur'd in the Case He says he stay'd but three or four days in England after the Consult was over and then went streight back again to St. Omers Which must be the first week in May but if you believe his two Witnesses he din'd with them several times after that and so it is apparent some of them are guilty of gross and foul Perjury Now Centlemen I cannot but resort back to the Objection that I made at first 'T is strange to me that a man that came upon such a designe should go publickly about the streets at noon-day though in a disguise yet he was known But if you take the persons time to be in the year 1677 then it is easily reconciled what they did say of their seeing him in such a disguise and so all their Testimony may stand together and perhaps they may mistake in a point of time though not in the substance of their Evidence and I would out of charity conclude it to be so But I will say if they are to be taken strictly to the year 1678 it is monstrous to imagine that we should have no body brought to let us know where he lodged where he eat with whom he convers'd for all that time Gentlemen I have detained you the longer in this matter because I take it to be of so great weight wherein the Justice and Honour of the Nation are so much engaged and it was therefore fit this Cause should be tryed in the most solemn and publick manner in order to vindicate the Nation from the Reproach and Calumny of Injustice and Oppression And sure I am if you think these Witnesses swear true as I cannot see any colour of objection there does not remain the least doubt but that Oates is the blackest most perjur'd Villain that ever appeared upon the face of the Earth C. Crown Tipstaff you must take care of the Jury L. C. J. Gentlemen if any of you have a mind to drink at the Bar before you go you shall have some got for you Jury No my Lord we do not care for drinking L. C. J. Then we will stay for you Then the Jury withdrew to consider of their Verdict and after about a quarter of an hours stay they return'd and delivered in their Verdict That the Defendant was guilty of the Perjury whereof he was Indicted Which being Recorded the Lord Chief Justice spoke to the Jury to this effect L. C. J. Gentlemen that we are not God be thanked in those times of Disorder and Confusion that we have been heretofore in to have Humming or Hissings to declare the Auditors Approbation or Dislike of Juries Verdicts But because there has been this day mention made of the Opinions of Judges about Verdicts I shall take the liberty to declare my mind to you now That formy part I am satisfied in my Conscience you have given a good and a just Verdict and so I believe is every other Judge upon the Bench. To which the rest of the Judges assented and then the Court arose