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A63215 The tryals, convictions & sentence of Titus Oates upon two indictments for willful, malicious, and corrupt perjury : at the Kings-Bench-Barr at Westminster before the Right Honourable George Lord Jeffreys ... upon Friday the 8th and Saturday the 9th days of May, anno Domini 1685 ... Oates, Titus, 1649-1705.; England and Wales. Court of King's Bench. 1685 (1685) Wing T2249; ESTC R34667 151,182 100

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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