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B01290 Die Sabbati 9 ̊Maij, Anno Domini, 1685 in banco Regis. Dominus Rex versus Oats. 1685 (1685) Wing O45A; ESTC R174692 90,904 62

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Die Sabbati 9º Maij Anno Domini 1685. IN BANCO REGIS Dominus Rex versus Oats THIS Day being appointed for the Tryal of the Other of the Causes between our Sovereign Lord the King and Titus Oates for Perjury The same began about Nine in the Morning and proceeded after this manner First Proclamation was made for Silence Then the Desendant was called who appearing in Person was advised to look to his Challenges But he challeng'd none only he desir'd that they might be all ask't Whether they were of the Grand Jury that found the Bill which was done And all denying it the Twelve sworn were these Jurors Sir Thomas Vernon Knight Nicholas Charleton Esq Thomas Langham Esq Thomas Hartop Francis Griffith John Kent George Toriano Henry Loades John Midgley John Pelling Thomas Short And George Peck Clerk of the Crown Gentlemen You that are sworn Hearken to the Record Memorandum That by a certain Inquisition for our Soveraign Lord the King at the Guild-Hall of the City of London and within the same City on Tuesday the 28th of October in the 36th year of the Reign of our Late Soveraign Lord Charles the Second By the Grace of God of England Scotland France and Ireland King Defender of the Faith c. before Sir Henry Tulse Knight Mayor of the City of London Sir William Turner Knight and Sir James Edwards Knight Aldermen of the said City Sir Thomas Jenner Knight one of His Majesties Serjeants at Law and Recorder of the same City Sir Robert Jeffries Knight and Sir John Peake Knight other Aldermen of the said City and others their Companions Justices of our said Lord the King by His Majesties Letters Patents under the Great Seal of England to Enquire of several Offences in the said Letters Patents Contain'd and to hear and determine the same according to the Laws and Customs of this Kingdom by the Oaths of 12 Jurors Honest and Lawfull Men of the City of London aforesaid Who then and there being then and there Sworn and Charged to Enquire for our said Soveraign Lord the King and the Body of the said City upon their Oaths present THat at a certain Session of our said Lord the King holden for the County of Middlesex at Hicks's-Hall in St. Johns Street in the County aforesaid on Monday to wit the 16th day of December in the year of the Reign of our said late Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the 30th before Sir Reginald Forster Baronet Sir Philip Mathews Baronet Sir William Bowles Knight Sir Charles Pittfield Knight Thomas Robinson Vmphrey Wyrley Thomas Harriot and William Hempson Esquires Justices of our said Lord the King to enquire by the Oaths of Honest and Lawfull Men of the County of Middlesex aforesaid and by other wayes manners and means whereby they might or could better know as well within Liberties as without by whom the Truth of the Matter might be better known and enquir'd of concerning all Treasons and Misprisions of Treasons Insurrections Rebellions Counterfeitings Clippings Washings False making and other Falsifying of the Moneys of this Kingdon of England and of any other Kingdoms and Dominions whatsoever and of all Murthers Felonies Man-slaughters Killings Burglaries and other Articles and Offences in the Letters Patents of our said Lord the King to them or any four or more of them thereupon directed specifyed As also the accessaries of the same within the County aforesaid as well within Liberties as without by whomsoever howsoever had Made Done or Committed and to hear and determine the same Treasons and other the Premisses according to the Law and Custom of this Kingdom of England assigned by the Oaths of Ralph Wain John Vaughan Richard Foster Thomas Paget Robert Newington Henry Tompkins Robert Hayes John Greenwood Peter Stinyeson Josiah 〈◊〉 Richard Richman Augustine Bear John King Nathanael Brit Francis Fisher Edward Foster and Samuel Lynn Honest and Lawful Men of the County aforesaid sworn and Charg'd to Enquire for our said Lord the King and the Body of the County aforesaid Upon their Oaths it was presented That Thomas White otherwise Whitebread late of the Parish of St. Giles's in the Fields in the County of Middlesex Clerk William Ireland late of the Parish aforesaid in the County aforesaid Clerk John Fenwick late of the same Parish and County Clerk Thomas Pickering late of the Parish aforesaid in the County aforesaid Clerk and John Grove late of the Parish aforesaid in the County aforesaid Gentleman As false Traytors against the most Illustrious and most Serene and Excellent Prince our said late Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. their Supream and Natural Lord not having the Fear of the Lord in their Hearts nor weighing the Duty of their Allegiance but being moved and seduced by the Instigation of the Devil the Cordial Love and true due and Natural Obedience which True and Faithful Subjects of our said Lord the King towards him our said Lord the King should and of right ought to bear utterly withdrawing and contriving and with all their might intending the Peace and common Tranquillity of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England used and by Law Established to subvert and Sedition and Rebellion within this Kingdom of England to move stir and procure and the Cordial Love and true and due Obedience with true and faithful Subjects of our said Lord the King towards him the said Lord the King should and of right ought to bear utterly to withdraw put out and extinguish and our said Sovereign Lord the King to Death and final Destruction to bring and put the 24th of April in the 30th Year of the Reign of our said late Sovereign Lord Charles the Second at the Parish of St. Giles's in the Fields aforesaid in the County of Middlesex aforesaid falsly maliciously subtily advisedly and trayterously did purpose compass imagine and intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter amongst the Subjects of our said Sovereign Lord the King to procure and cause and our said Lord the King from the Regal State Title Power and Government of his Kingdom of England wholly to deprive depose cast down and disinherit and him our said Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom and the sincere Religion of God in the same Kingdom rightly and by the Laws of the same Kingdom Established at their Will and Pleasure to change and alter and the State of this whole Kingdom of England through all its Parts well Instituted and Ordained wholly to subvert and destroy and War against our said Lord the King within this Kingdom of England to Levy And to compleat and
Gospels of God was duly sworn to speak and testify the Truth the whole Truth and nothing but the Truth of and in the Premises between our said Lord the King and the said William Ireland Thomas Pickering and John Grove And that the said Titus Oates then and there in the Court of Goal Delivery aforesaid upon his Oath aforesaid upon the Indictment aforesaid at the Parish and Ward aforesaid by his own proper Act and Consent of his most wicked Mind falsly voluntarily and corruptly did say depose swear and give in Evidence to the Jurors of the Jury aforesaid then and there sworn and Empannel'd to try the Issue aforesaid between our said late Lord the King and the said William Ireland Thomas Pickering and John Grove That the said William Ireland in the Indictment aforesaid mentioned was in Town within the Cities of London and Westminster or the places adjacent to the said Cities meaning upon the first or second day of September in the Year 1678. Whereas in Truth and indeed the said William Ireland in the Indictment aforesaid mentioned was not in Town nor within the Cities of London or Westminster or the Places adjacent to the same Cities or either of them upon the first or s cond day of September in the Year 1678. And so the aforesaid Titus Oates the aforesaid seventeenth day of December in the Thirtieth Year aforesaid at the Justice-Hall aforesaid in the Court aforesaid upon the Trial aforesaid upon the Indictment aforesaid between our said late Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove so as aforesaid had by his own Act and Consent and of his most wicked mind falsely voluntarily and corruptly in manner and form aforesaid did Commit Voluntary and Corrupt Perjury And the Jurors aforesaid last sworn to enquire for our said Lord the King and the body of the City of London aforesaid upon their Oathes aforesaid doe further present That at another Session of our said late Lord the King held for the County of Middlesex at Hickes's Hall in St. Johns street in the County aforesaid on Thursday to wit the 12th day of June in the 31st year of our said late Lord King Charles the second before Sir Phillip Mathews Baronet Sir Thomas Orby Knight and Barronet Sir William Pulteney Knight Sir William Bowles Knight Thomas Robinson Thomas Harriot Esquires and others their Companions by Letters Patents of our said late Lord the King to the same Justices aforenamed and others and to any four or more of them under the Great Seal of our said late Lord the King made to enquire by the Oaths of good and Lawful Men of the County of Middlesex aforesaid and by all other wayes manners and means by which they might or could better know as well within Liberties as without by whom the truth of the matter might be best known and enquired of all Treasons Misprisions of Treason Insurrections Rebellions Counterfeitings Clippings Washings False-making other Falsifyings of the Mony of this Kingdom of England and of other Kingdoms Dominions whatsoever of all Murders Felonies Man-slaughters Killings Burglaries Rapes Meetings and unlawful Conventicles Speakings of Words Combinations Misprisions Confederacies false Allegations Trespasses Riots Routs Retainers Escapes Contempts Oppressions and of other Articles and Offences in the same Letters Patents of our said Lord the King specified As also the Accessaries of the same within the County aforesaid as well within Liberties as without by whomsoever howsoever had done perpetrated or committed of other Articles Circumstances concerning the Premises howsoever and the same Treasons and other the Premises to hear and determine according to the Law and Custom of this Kingdom of England being assign'd by the Oaths of Henry Ashurst Esquire Edward Gavell John Radford John Warral William Hanmar Robert Pritchard John Tredder Gilbert Vreweyn David Collivex Abraham Harrison Charles Morgan Philip Trehearn John Collier Robert Whiterod William Webb Thomas Edwards and Abraham Tillent honest and lawful Men of the County aforesaid Sworn and Charged to enquire for our said Lord the King and the Body of the County aforesaid upon their Oaths it was presented That Thomas White late of the Parish of St. Giles in the Fields in the County of Middlesex Clerk otherwise called Thomas Whitebread late of the Parish aforesaid in the County aforesaid Clerk John Fenwick late of the Parish aforesaid in the County aforesaid Clerk William Harcourt late of the Parish aforesaid in the County aforesaid Clerk otherwise called William Harrison late of the Parish aforesaid in the County aforesaid Clerk John Gaven late of the Parish aforesaid in the County aforesaid Clerk and James Corker late of the Parish aforesaid in the County aforesaid Clerk as false Traytors against the most Illustrious most Serene and Excellent Prince our late Soveraign Lord King Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Their Supreme and Natural Lord not having the fear of God in their Hearts nor weighing the duty of their Allegiance but being moved and seduced by the Instigation of the Devil the Cordial Love and true due and Natural Obedience which true and faithful Subjects of our said Lord the King towards him our said Lord the King should and of right ought to bear wholly withdrawing and contriving and withall their might intending the Peace and common Tranquillity of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England used and by Law establisht to overthrow and the Government of this Kingdom of England to Subvert and Sedition and Rebellion within this Kingdom of England to move stir up and procure and the Cordial Love and true and due Obedience which true and Faithful Subjects of our Lord the King towards him the said Lord the King should and of right ought to bear utterly to withdraw put out and extinguish and our said late Lord the King to death and final destruction to bring and put the 24th day of April in the 30th Year of the Reign of our said late Lord King Charles the Second c. at the Parish of St. Giles in the Fields in the County of Middlesex aforesaid with diverse others false Traytors against our said late Lord the King to the Jurors aforesaid unknown falsly subtilly advisedly maliciously and trayterously did purpose compass imagine and intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable slaughter among the Subjects of our said Lord the King to procure and cause and our said late Lord the King from the Regal State Title Power and Government of his Kingdom of England utterly to deprive depose cast down and disinherit and him our said late Lord the King to Death and final Destruction to bring and put and the Government of the same Kingdom and the sincere Religion of God in the same Kingdom rightly and by
to be at Standen in Hartfordshire to wait upon my Lord Aston to go with him to Tixhall And the Third of August I saw Mr. Ireland there at Standen-Lodge at my Lord's House The Fourth Day he rested there being Sabbath-Day Mr. Att. Gen. What are you an Hackney-Coach-man Ingletrap Yes my Lord I am so And upon the Fifth which was Monday he went with my Lord Aston to St. Albans upon the Sixth to Northampton on the Seventh to Coventry and the Eighth day to Tixhall-Lodge He was in the Company and went all the way with him and I was there too Lord Ch. Just How long did he stay there Ingletrap Till Tuesday the 13th Lord Ch. Just Did you see him there till Tuesday Ingletrap I do not say That I did see him every Day Lord Ch. Just Did you go with them on Tuesday to Holy-Well Ingletrap No I did not Mr. Att. Gen. But my Lord you observe that is past one of the Times that he swore Ireland was here in Town that is between the Eighth and Twelfth of August Lord Ch. Just It is so Mr. Att. Gen. Pray what Religion are you of Mr. Ingletrap Ingletrap I am a Protestant my Lord Oats Were you at the Tryal of the Five Jesuites or that of Ireland Ingletrap No I was not Oats My Lord I desire you would ask him he being a Protestant How he came to be acquainted with Ireland that was a Priest Lord Ch. Just Why Mr. Oats Is there no Conversation to be between Papists and Protestants Oats Truly very little my Lord But that is not to the Point now I desire to have an Answer to my Question Ingletrap There was no great Acquaintance between us my Lord for I never saw him before that time Mr. Att. Gen. Swear Andrew Wetton Which was done Did you go that Journey with my Lord Aston to Tixhall Wetton No. I went from Tixhall to Holy-Well Mr. Att. Gen. What Day did you set out from Tixhall Wetton Upon Tuesday the Thirteenth of August Mr. Sol. Gen. Where did you lie that Night Wetton At Nantwich at the Holy-Lamb And the next Day we baited at Chester and from thence we came the next Night to Holy-Well There we stay'd all Night and till next Day at Noon We din'd at Holy-Well and came that Night back to Choster And from thence the next Day we came home to Tixhall Lord Ch. Just Was Mr. Ireland there all the while Wetton Mr. Ireland was there I look't after his Horse Lord Ch. Just When did he come first to Tixhall Wetton He came upon the Eighth and stay'd till the Thirteenth and then went to Holy-Well Mr. Sol. Gen. Pray what Religion are you of Wetton I am a Protestant Sir Mr. Att. Gen. And the Ninth of September he came away from Tixhall for London you say Wetton Yes I saw them take Coach and he did ride on Horse-back Lord Ch. Just Did you see him often at Tixhall between the time he came from Holy-Well and the time he went to London VVetton Yes he was there several times but I cannot tell the particular Days But my Lord if you please I can tell you the very Money he gave me which was a Shilling and two Six Pences when we came back from Holy-Well Lord Ch. Just And the Sixteenth you say he came back from Holy-Well Wetton Yes it was the Sixteenth upon Fryday that he came from Holy-Well Lord Ch. Just And he says The Ninth of September he came back again from Tixhall to London and that he saw him several times in the mean time at my Lord Aston's House Mr. Sol. Gen. So my Lord we are past one of the Times and have fixt him at Tixhall upon the Sixteenth Mr. Sol. Gen. So my Lord we are past one of the Times and have fixt him at Tixhall upon the Sixteenth Mr. Att. Gen. We have a couple of Witnesses more upon this Point and then we shall go on to the Seventeenth and so all along to the Ninth of September Mr. Att. Gen. Swear Thomas Sawyer Which was done When came Mr. Ireland to Tixhall Can you tell Mr. Sawyer He came the Eighth of August to Tixhall and continued there till the Thirteenth And then he went away but whither he went I cannot tell But as I was told it was to Holy-Well Mr. Att. Gen. When did he come to Tixhall again Mr. Sawyer When my old Lady Aston came home which was Fryday the Sixteenth Mr. Sol. Gen. Do you know when he left Tixhall for good and all Mr. Sawyer The Ninth of September my Lord he went with Sir John Southcoat to go to London Lord Ch. Just Can you remember he was there at any time between the Sixteenth of August and the Ninth of September Mr. Sawyer He was once or twice there but I cannot tell the particular Days Mr. Sol. Gen. What Perswasion are you of as to Religion Sir Mr. Sawyer I am one of the Church of England my Lord. Lord Ch. Just Truth is the same in all Perswasions Mr. Sol. Gen. But we would obviate Mr. Oats his Objection That they are all Papists Mr. Att. Gen. Swear Frances Allen. Which was done Pray will you give an Account when you saw Mr. Ireland in Staffordshire Mrs. Allen. He came the Eighth Day of August to Tixhall and continued there the Ninth Tenth Eleventh Twelfth and to the Thirteenth in the Morning and then he did go to Holy-Well Mr. Att. Gen. She will tell you one particular Circumstance how she remembers him about that time Mrs. Allen. The Tenth of August was Saturday and that which causeth me to remember it is this There was a Woman one Sarah Paine I think her Name was which testifyed at the Tryal That he was in Town at that time but he was not For he was at Tixhall upon the Tenth which was Saturday and the Eleventh which was Sabbath-Day And I saw him in the Chamber those Days Mr. Att. Gen. How came you to know him so well Mrs. Allen. I was a Servant to my Lord Aston and look't to Mr. Ireland's Chamber and wash'd his Linnen and those Days I saw him in his Chamber Mr. Att. Gen. When he went from Tixhall to Holy-VVell the 13th When did he come back again Mrs. Allen. The 16th day which was Friday Mr. Att. Gen. Did he come afterwards to Tixhall at any time Mrs. Allen. He went away the 17th and I can tell you by a good token that he did so For the 17th I carried his Cloaths into his Chamber that he was to take with him Mr. Att. Gen. When did he come again to Tixhall Mrs. Allen. He came several times but truly I cannot tell what dayes particularly Mr. Sol. Gen. Pray when did he go away for good and all Mrs. Allen. I remember his going away with Sir John Southcoat but I cannot tell the time Mr. Att. Gen. Pray what Religion are you of Mrs. Allen. I am a Protestant of the Church of England so I was Christened so I have
behalf of our said late Lord the King upon the Tryal aforesaid upon the Indictment last aforesaid And he the aforesaid Titus Oats then and there at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session to wit at the Parish and Ward aforesaid was duly sworn upon the Holy Gospels of God to speak and testify the Truth the whole Truth and nothing but the Truth of and in the Premises in the Issue aforesaid last mentioned so as aforesaid joyned between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner And that the said Titus Oats then and there at the Session aforesaid last mentioned in the Justice-Hall aforesaid in the Court of the same Session upon his Oath aforesaid upon the Indictment last aforesaid by his own proper Act and Consent of his most wicked Mind falsly voluntarily and corruptly did say depose swear and give in Evidence to the Jurors of the Jury aforesaid last mentioned so as aforesaid Sworn and Empanell'd to try the Issue aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner That William Ireland one William Ireland then before Convicted and Executed for High Treason against our late Lord the King meaning took his Leave of him the said Titus Oats and others at the Chamber of the said William Ireland then being in Russel-Street a certain Street called Russel-Street lying within the City of Westminster in the County of Middlesex meaning between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth and indeed the said William Ireland did not take his Leave of the said Titus Oats or any other Persons whatsoever at the Chamber of the said William Ireland then being in Russel-Street aforesaid between the said 8. and 12. Days of August in the Year of our Lord 1678. And so the said Titus Oats upon the said Fryday the 13th day of June in the 31st Year aforesaid at the Session last aforesaid at the Justice-Hall aforesaid in the Court of the same Session upon the Indictment last aforesaid so put in Issue and Tryed as aforesaid between our said late Lord the King and the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner by his own proper Act and Consent and of his most wicked Mind falsly voluntarily and corruptly in manner and form aforesaid did commit voluntary and corrupt Perjury to the great Displeasure of Almighty God in manifest contempt of the Laws of this Kingdom of England to the evil and pernicious Example of all others in the like Case offending and against the Peace of our Sovereign Lord the King his Crown and Dignity Upon this Indictment he has been Arraigned and thereunto hath pleaded Not Guilty And for his Tryal hath put himself upon the Country and his Majesty's Attorney-General likewise which Country you are Your Charge is To enquire whether the Defendant Titus Oats be Guilty of the Perjury he stands Indicted or Not Guilty If you find him Guilty you are to say so If you find him Not Guilty you are to say so and no more And hear your Evidence Lord Ch. Just Look ye Mr. Attorney my Lord Chief Justice Jones has sent to know whether you have any thing to do with him to day here Mr. Att. Gen. Not at all that I know of Lord Ch. Just Mr. Oats Do you intend to make use of my Lord Chief Justice Jones or any of the Judges of the Common-Pleas as Witnesses Oats Yesterday my Lord I did call for them to have made use of them as Witnesses Lord Ch. Just But have you any thing to say to them to day Oats I cannot tell as yet Lord Ch. Just Then my Lord Chief Justice Jones must be told That he does not know whether he shall or not Go on Sir Samuel Astry Then Proclamation for Information and Evidence was made in usual manner Mr. Phipps May it please your Lordship and you Gentlemen of the Jury This is an Indictment against Titus Oats Clerk for Perjury And the Indictment sets forth That William Ireland Thomas Pickering and John Grove in the 30th Year of the late King were Indicted of High Treason and Tryed at the Old-Bayly and at that Tryal the Defendant Titus Oats was produc'd a Witness for the King and being sworn to tell the Truth the whole Truth and nothing but the Truth did falsly voluntarily and corruptly depose and swear and give in Evidence to the Jury that did try that Cause That the said William Ireland was in Town within the Cities of London and Westminster or the Places adjacent meaning upon the First or Second day of September in the Year 1678. Whereas in truth the said William Ireland was not in Town nor within the Cities of London or Westminster or the Places adjacent upon the First or Second day of September in the Year 1678. And so the said Titus Oats hath committed wilful and corrupt Perjury And the Indictment further sets forth That upon the 13th day of June in the 31st Year of the late King Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner were Indicted and Tryed at the Old-Bayly for Treason and at that Tryal the said Titus Oats was a Witness produc'd on the Part of the King And being sworn to testify the Truth the whole Truth and nothing but the Truth by his own Act and Consent of his own most wicked Mind falsly voluntarily and corruptly did depose and swear and give in Evidence to the Jury That William Ireland one William Ireland before that time Convicted and Executed for High Treason meaning did take his Leave of him the said Titus Oats at his the said William Ireland's Chamber then being in Russel-Street between the 8th and 12th Day of August in the Year of our Lord 1678. Whereas in truth the said William Ireland did not take his Leave of him the said Titus Oats or of any other Persons whatsoever at his the said William Ireland's Chamber then being in Russel-Street aforesaid between the said 8th and 12th Day of August in the Year of our Lord 1678. And so the said Titus Oats did then and there commit wilful and corrupt Perjury And this is laid to be to the great Displeasure of Almighty God in contempt of the Laws of this Land to the evil and pernicious Example of all others in the like Case offending and against the King's Peace Crown and Dignity To this he has pleaded Not Guilty If we prove it we do not question but you will find him Guilty Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury Mr. Oats stands Indicted for having perjur'd himself The Instances Gentlemen that we charge him with are these First