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
Mr. Oates Mr. Haggerstone Yes I was my Lord I had the honour to be of the same Bench with the Doctor of Salamanca L. C. J. You mean you were of the same Class with him Mr. Haggerstone Yes my Lord of the same Class L. C. J. In what year was it Mr. Haggerstone In the year 1678. Mr. Att. Gen. In what Form were you Mr. Haggerstone In the same Bench with Doctor Oates in the Rhetorick Form Mr. Att. Gen. Do you remember Mr. Oates in April 1678 Mr. Haggerstone Yes Mr. Att. Gen. What time Mr. Haggerstone He spoke unto me on the 25th of April Mr. Att. Gen. What Style do you mean Mr. Haggerstone New Style Sir to avoid confusion I speak of the Style of the place where I was he asked me concerning our School-fellow Mr. Hilsley who was then gone from the Colledge whether I had heard any thing from him since he went away and he spoke of an indisposition he had for which he prescribed him a Medicine of Poppy and he thought it would do his business effectually L. C. J. Who said so Mr. Haggerstone The Doctor of Salamanca he was called Sampson Lucy in the Colledge and likewise he forbid him to chew Tobacco which he us'd to do very much he was called Titus Ambrosius he had twenty Names Mr. Att. Gen. Was he there all April Sir Mr. Haggerstone Yes he was Sir Mr. Att. Gen. Did you know him in March before Mr. Haggerstone Yes he was there all March before Mr. Att. Gen. Was he there in February Mr. Haggerstone Yes as near as I can remember he was absent but one day and then he went to Watton in February or else in January L. C. J. Do you remember when he came thither first Mr. Hagggerstone Yes my Lord he came in December near Christmas as I remember L. C. J. Was it about that time upon your Oath Mr. Haggerstone I speak it upon my Oath it was L. C. J. When did he go away Mr. Haggerstone About the latter end of June L. C. J. Was he absent any time between December and June Mr. Haggerstone I do not remember that he was absent save only in January or February and that was not for above a night when he went to Watton L. C. J. Might not he be absent and you not mind it or know it Mr. Haggerstone Sure if he had been absent we could not but have known it L. C. J. How so pray you Mr. Haggerstone If any goes away 't is so publick that it cannot be without notice being taken of it Mr. Att. Gen. Can you remember by any particular token he was there in April or May Mr. Haggerstone He spoke to me on the 29th of April New Style and told me that there was a Craving English-man had been there to beg an Alms and there was a Collection made for him among the Scholars but he said he would give him nothing for he told me he had been cheated by such an one of some Pieces of Eight in Spain this I remember was the 28th or 29th of April New Style I saw him there the first of May upon the second of May there was an Action of the Scholars and he was present at it the fifth of May I was at School with him when Mr. Pool went away for England and I heard him about that time preach a pleasant Sermon for he would undertake sometimes to preach and he said in it That the late King Charles the Second halted betwixt two Opinions and a stream of Popery went between his Leggs L. C. J. Was this in May Mr. Haggerstone Yes just after Mr. Pool went away for England and he had some pretty Reflections in his Sermon about Toby's Dogg wagging his Tail L. C. J. Well do you ask this Witness any question Mr. Oates Oates Pray be pleased to ask him my Lord what Religion he is of Mr. Haggerstone I am a Papist my Lord I am not asham'd of it Oates Pray my Lord ask where he lives Mr. Haggerstone At London Oates Pray ask him what Country-man he is Mr. Haggerstone I am a Northumberland man my Father is Sir Thomas Haggerstone a man better known than your Father Doctor Oates L. C. J. Nay nay do not be in a passion man Oates Pray ask him how long I was with him at St. Omers Mr. Haggerstone For half a year at least Oates My Lord I desire to know how long he stayed there himself Mr. Haggerstone I studied my whole Course of Humanity there L. C. J. How long were you there in all Mr. Haggerstone Seven years Oates Pray my Lord ask him whether he knows of any Consult held or to be held here in England in April 1678. Mr. Haggerstone Yes my Lord I saw two of the Fathers go from St. Omers to the Congregation and was there at their return but all that time I frequented Doctor Oates's company and he remained in the Colledge Oates Pray who were these two Fathers Mr. Haggerstone Mr. Williams and Mr. Marsh and when they return'd Oates asked me about it whether they had been at the Consult and I told him there was such a thing but he never knew it till afterwards but this I am sure of he was never missing all the while I sate on the same Bench with him Oates Pray my Lord ask him what name he went by at St. Omers Mr. Haggerstone I went by the name of Harry Howard my Mother was a Howard Doctor Oates Pray ask him whether he came into England when he went away from thence Mr. Haggerstone No I went and studied my Philosophy at Doway Oates I desire to ask him one question more Mr. Haggerstone Twenty if you please Doctor Oates I desire to know of him the occasion of Mr. Hilsley's coming away Mr. Haggerstone I do know it but truly I cannot tell whether it be fit for me to speak of it it was upon some unhandsome account but I must not blemish any Gentleman I think Oates My Lord I will ask him one question more whether ever he was admitted into the Society L. C. J. I will not ask him that question how often have I told you no such questions are to be ask'd must I make him liable to Penalty No ask questions that are fair and you shall have a fair answer Oates My Lord I have done then with him Mr. Sol. Gen. Then swear Mr. Robert Beeston which was done Mr. Att. Gen. Pray Sir were you at St. Omers in the year 77. and 78 Mr. Beeston Yes my Lord I was Mr. Att. Gen. Did you see Mr. Oates there then do you know him Mr. Beeston Yes I know him very well I did see him there Mr. Att. Gen. What months did you see him there Mr. Beeston He came there in December the beginning as I remember and he stayed there to June the latter end Mr. Att. Gen. What years was that in Mr. Beeston He came in 77. and went away in 78. Mr. Att. Gen. Did you observe him
and Particularities that were not before spoken of some are now produced that were produced before and the reason is because they are themselves concerned in those particularities which gave occasion to the others to remember them Gentlemen after the producing of so many witnesses and so strong a proof what is it that Mr. Oates has produced against it His main Objection to their Testimony is There were several that came from St. Omers to testifie at those former Trials what these now swear who were not believed but I was believed and the men were Convicted Condemned and Executed upon my Testimony But is that all he has to say No says he I have likewise witnesses to offer as a Counter proof to them a positive proof that I was here in England at the time they swear me to be at St. Omers and he says well if that be proved there is an end of the Case Well what is the proof the witnesses that he has have been these four Ciceley Mayo servant to Sir Richard Barker Butler his Coachman Page another of Sir Richard's Servants and the Parson Walker The Evidence of Page and Walker though produced last by Mr. Oates yet I crave leave to mention first and set them out of the way Page he remembers to have seen Mr. Oates in a Disguise at Sir Richard Barker's that is in Grey Cloths but he is not certain as to the time and he cannot take upon him to say what time of the year or what year it was only he believes it was in May and therefore that can be no sufficient Evidence to contradict witnesses that with great particularity speak to certain times As for Walker the Parson he said he saw him between St Martin's Lane and Leicester Fields but he cannot remember the time when neither Nay the remembrance he has of it goes rather to another time than the time in question for being asked what Circumstance he knew the time by he said it was about a year and a quarter before the Plot was discovered which must be in April or May 1677. and that will do the Doctor no Service at all upon this Question Now let us consider Mrs. Mayo's Testimony and the Oath that she made was this That when Oates came over into England she saw him at Sir Richard Barker's House the latter end of April or the beginning of May and the week before Whitsontide the latter end of April or the beginning of May was the first time that he came that she faw him but that he came before as she heard but the Coachman only saw him and told her that Oates had been there but the second time she did see him and he went in and dined there in the House Sir Richard Barker was not there but my Lady's Sister her Sons and Daughters were there she says that she saw him again a week before Whitsontide that when he came the first time he was in grey Cloths a white Hat and a short Periwig Afterwards he was in black Cloths a pretty long Periwig not very long but the Periwig was brown and these are the Circumstances she remembers to have seen him by Now let us see what Butler the Coachman says he remembers about the beginning of May he saw Oates at his Master's House in a Disguise the other said it was the latter end of April or the beginning of May But I stand not upon that but this he does swear That the first time he saw him Ciceley Mayo saw him too that he was then in grey Cloths a white Hat but his hair was cut short and he had no Periwig on afterwards he came in a cinnamon coloured Coat and green Ribbons and a long black Periwig This is Butler's Evidence Now these two People's Evidence are utterly impossible to be reconciled they contradict one another so much First They contradict one another in this she says The first time he came she did not see him but the Coachman told her he had been there but he swears That she did at that time look out of the Window into the Yard and did see him as well as he Another Contradiction is this She remembers the first time he came in grey Cloths a white Hat and a short Periwig the Coachman he swears he had no Periwig on but his hair was cut short to his Ears Then again she swears the second time he was in black Cloths and an indifferent long Periwig and the Periwig was brown and the other swears he was in cinnamon colour Cloths and a long Periwig and it was a black one Now thus you see the witnesses contradict themselves and cannot be reconciled to one another But take one thing more which is very considerable wherein she contradicts Mr. Gerrard for she swears he was here a week before Whitsontide that she is sure of Now that falls upon the nineteenth day of May then upon the sixteenth day of May was the week before Whitsontide now that is a most Eminent Day by the Testimony of Mr. Gerrard for that happens to be the twenty sixth of May New Stile and that was the day he was confirmed with Mr. Gerrard at St. Omers And no man sure can doubt which of the two witnesses is to be believed and it cannot but be true that he was there at that time because so remarkable a Circumstance cannot be forgotten and yet this Woman swears that he was here a week before Whitsontide and that by Computation must be the time of his Confirmation But Gentlemen another thing that I offer upon the Testimony of these witnesses is this If you will believe it he himself contradicts his own witnesses or they him and one of them is forsworn For he has sworn the Consult was the twenty fourth of April and that three or four days after that was over he went back with the Fathers to St. Omers Now this contradicts all that his witnesses have said But he has given himself as he thought some little latitude says he the Consult began the twenty fourth but it held six or seven dayes longer We will for this time admit it to be so and give him the six days he requires and yet after all it will not come up to the time that his witnesses speak to for to the twenty fourth of April add six days and that brings us just to the last day of April and then take four days in May to make up the three or four days after the Consult was over and we are yet at a great distance from the Whitson week for that was the nineteenth of May and the week before must be the twelfth or thirteenth and so it is impossible to be reconciled to Truth what he and his witnesses swear either the Evidence that the Doctor now brings must be a Contradiction to his own former Oath or his Oath proves they are mistaken besides the Contradiction that is between the witnesses themselves for they vary in a great many