the Laws of the said 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 ordered wholly to subvert and destroy and War against our late Lord the King within this Kingdom of England to levy And to perfect and compleat the same their most wicked Treasons and Trayterous Imaginations and purposes They the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven Anthony Turner and James Corker and other false Traytours to the Jurors aforesaid unknown the aforesaid 24th day of April in the 30th Year aforesaid with Force and Arms aforesaid at the Parish of St. Giles in the Fields aforesaid in the County of Middlesex aforesaid falsely maliciously subtlely advisedly divellishly and Trayterously did assemble unite and gather themselves together and then and there falsly maliciously subtilly advisedly divellishly and Trayterously did consult consent and agree our said late 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 change and alter to the superstition of the Church of Rome and the Government of this Kingdom of England to subvert and that one Thomas Pickering and one John Grove him our said late Lord the King should kill and murder and that they the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven Anthony Turner James Corker and other false Traytors against our said late Lord the King to the Jurors unknown a certain number of Masses between them then and there agreed upon 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 upon And that the said Thomas White otherwise Whitebread John Fenwick John Gaven Anthony Turner William Harcourt otherwise Harrison and other false Traytors against our said late Lord the King to the Jurors unknown in the further prosecution of the Treasons and Trayterous Consultations and agreements aforesaid afterwards to wit the said 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly Trayterously did severally give their Faith each to other and upon the Sacrament then there Trayterously did swear promise to conceal and not to devulge their said most wicked Treasons and Trayterous Compassings Consultations and purposes aforesaid so between them had him the said late Lord the King Trayterously to kill and murder and to Introduce the Romish Religion to be used within this Kingdom of England and the true Reformed Religion in this Kingdom of England rightly and by the Laws of this Kingdom Established to alter and Change and that the said Thomas VVhite otherwise VVhitebread John Fenwick VVilliam Harcourt otherwise Harrison John Gaven Anthony Turner James Corker and other false Traytors to the Jurors aforesaid unknown in further Prosecution of the Treasons and Trayterous intentions and agreements aforesaid afterwards to wit the said 24th day of April in the 30th Year aforesaid at the Parish aforesaid in the County aforesaid falsly subtilly advisedly maliciously devillishly and Trayterously did prepare perswade excite abet comfort and Counsel four other Persons to the Jurors unknown and Subjects of our said late Lord the King him our said late Lord the King Trayterously to kill and murder against the duty of their Allegiance and against the peace of our said late Lord the King his Crown and Dignity and against the forme of the Statute in that Case made and provided whereupon it was Commanded the Sheriff of the County aforesaid that he should not omit c. But should take them to answer c. Which Indictment the said Justices of our Lord the King afterwards to wit at the Goal-delivery of our said Lord the King of Newgate holden by Adjournment for the County of Middlesex at Justice-Hall in the Old Bayly in the Suburbs of the City of London on Fryday to wit the 13th day of June in the 31st Year aforesaid before Sir James Edwards Knight Mayor of the City of London Sir William Scroggs Knight Lord Chief Justice of his Majesty's Court of King's-Bench Sir Francis North Knight Lord Chief Justice of his Majesty's Court of Common-Pleas Sir Thomas Allen Knight and Baronet one of the Aldermen of the said City of London Sir George Jeffreys Knight Recorder of the said City of London and other their Companions Justices of our said Lord the King assigned to deliver his Goal of Newgate of the Prisoners in the same being by their own proper Hands did deliver there in the Court of Record in form of Law to be determined And thereupon at the said Goal-delivery of our Lord the King of Newgate holden by the Adjournment aforesaid for the County aforesaid at Justice-Hall aforesaid the said Fryday the 13th of June in the 31st Year aforesaid before the aforesaid Justices of our said late Lord the King last named came the said Thomas White otherwise Whitebread John Fenwick William Hartcourt otherwise Harrison John Gaven and Anthony Turner under the Custody of Sir Richard How Knight and Sir John Chapman Knight Sheriff of the County aforesaid into whose Custody for the Cause aforesaid they were before that time Committed being brought to the Bar there in their proper Persons who were committed to the aforesaid Sheriff c. And immediately being severally demanded concerning the premises aforesaid in the Indictment aforesaid specified charg'd upon them as above how they would thereof acquit themselves the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gaven and Anthony Turner did severally say That they were Not thereof Guilty And thereupon for Good and Bad did severally put themselves upon the Country And thereupon upon the Indictment aforesaid last recited at the Session of our Lord the King at the Justice-Hall in the Old-Bayly it was so far proceeded that 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 afterwards to wit the aforesaid Fryday the 13th Day of June in the 31st Year aforesaid at Justice-Hall aforesaid by a certain Jury of the Country in that behalf duly Empanell'd Sworn and Charg'd was Tryed and that upon the Tryal of the Issue aforesaid last mentioned 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 at London aforesaid to wit at the Justice-Hall in the Old-Bayly aforesaid in the Parish of St. Sepulchre in the Ward of Faringdon Without London aforesaid the said Defendant Titus Oats was also a Witness produced on
perfect the same their most wicked Treasons and Trayterous Imaginations and purposes aforesaid they the aforesaid Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors to the Jurors unknown the aforesaid 24th day of April in the 30th Year aforesaid with Force and Arms c. at the Parish of St. Giles in the Fields aforesaid in the County of Middlesex aforesaid Falsely Maliciously Subtilly Advisedly Devillishly and Traiterously did Assemble themselves Unite and Congregate and then and there falsly maliciously subtilly advisedly devillishly and traiterously did Consult and Agree our said Sovereign 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 establisht to the Superstition of the Romish Church to change and alter And the sooner to compleat and perfect the same their most Wicked Treasons and Trayterous Imaginations and purposes aforesaid the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors of our said late Lord the King to the Jurors unknown afterwards to to wit the same 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid Falsely Subtilly Advisedly Maliciously Devillishly and Trayterously between themselves did conclude and agree That they the said Thomas Pickering and John Grove Him our said late Lord the King should Kill and Murder and that they the said Thomas White otherwise Whitebread William Ireland John Fenwick and others 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 Oaths aforesaid did further present That the said Thomas Pickering and John Grove upon the agreement aforesaid then and there falsely subtilly advisedly maliciously devillishly and trayterously did take upon themselves and to the same Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traytors against our said Lord the King to the Jurors aforesaid unknown then and there falsely subtilly advisedly maliciously Devillishly and Trayterously did promise that they the said Thomas Pickering and John Grove him our said late Lord the King would Kill and Murder And that they the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Traytors against our said Lord the King unknown afterwards to wit the same 24th day of April in the 30th Year aforesaid at the aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly and trayterously did give their faith each to 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 Lord the King Trayterously to kill and murder and the Romish Religion within this Kingdom of England to be used to Introduce and the true Reformed Religion within this Kingdom of England rightly and by the Laws of the said Kingdom Establisht to alter and change And that the said Thomas Pickering and John Grove in Execution of the Trayterous agreement aforesaid afterwards to wit the same 24th day of April in the 30th year aforesaid and diverse days and times after at the aforesaid Parish of St. Giles in the Fields in the County aforesaid Muskets Pistols Swords Daggers and other offensive and Cruel Weapons him the said late Lord the King to kill and murder falsely subtilly advisedly maliciously devillishly and trayterously did prepare and obtain had and kept for themselves and that they the said Thomas Pickering and John Grove afterwards to wit the same 24th day of April in the 30th year aforesaid and diverse days and times after with Force and Arms c. at the Parish aforesaid in the County of Middlesex aforesaid and in other places within the County of Middlesex aforesaid falsely subtilly advisedly maliciously devillishly and trayterously did lye in wait and endeavour our said late Lord the King Trayterously to kill and murder and that the said Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traytours to the Jurors aforesaid unknown afterwards to wit the same 24th day of April in the 30th year aforesaid at the Parish aforesaid in the County of Middlesex aforesaid falsely subtlely advisedly malicitiously and Trayterously did prepare perswade excite abate Comfort and Counsel four other persons to the Jurors unknown and Subjects of our said Lord the King him our said late Lord the King Trayterously to kill and murder against the duty of their Allegiance against the peace of our said Lord the King his Crown and dignity and against the forme of the Statute in such Case made and provided and thereupon it was so far proceeded that afterwards at the Court of Goal-delivery of our said Lord the King at Newgate at Justice Hall in the Old Bayly in the Suburbs of the City of London in the parish of St. Sepulchre in the Ward of Faringdon without London the 17th day of December in the 30th Year aforesaid before the Justices of the said Lord the King of the same Goal-delivery then and there held by Adjournment of the County of Middlesex aforesaid came the said William Ireland Thomas Pickering and John Grove under the Custody of Sir Richard How Knight and Sir John Chapman Knight Sheriff of the County of Middlesex aforesaid into whose Custody for the Cause aforesaid they were before committed Being brought to the Bar there in their proper Persons and presently being severally asked concerning the Premises above Charged upon them how they would acquit themselves the aforesaid William Ireland Thomas Pickering and John Grove did severally say That they were not thereof Guilty and for the same for good and bad they did severally put themselves upon the Country and by a certain Jury of the Country in that behalf duly Impanneld 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 Lord the King and the said William Ireland Thomas Pickering and John Grove at London aforesaid to wit at the Justice-Hall in the Old-Baily aforesaid in the Parish of St. Sepulchre in the Ward of Faringdon without London aforesaid The Defendant Titus Oates late of the Parish of St. Sepulchre aforesaid in the Ward aforesaid Clerk was produced as a Witness on the part of the said late Lord the King upon the Tryal aforesaid and before the said Justices of Goal-Delivery in the Court aforesaid then there held upon the Holy
Jury what their Witnesses had said If your Lordship pleases to remember my Lord Chief Justice Scroggs did observe to the Jury that the Evidence of the Prisoner at the Bar did consist only in Punctilio's of time which as near as I can remember what he says he called a Nicety of time and in Whitebreads Tryal he was pleased to call it Catching in point of time And it was observ'd at Ireland's Tryal that his Defence was so weak that my Lord Chief Justice Scroggs upon the integrity of Bedloe's Evidence and mine uses these words to the Jury though he then endeavoured to do what these Witnesses do now It is most plain the Plot is discovered and that by these men and that it is a Plot and a Villanous one which shews not only the fulness and satisfactoriness of our proof that we gave but does also take notice of the little shifts and catching tricks he made use of to prove himself out of Town which would not weigh with the Court Therefore I observe it is but the same Objection that then was made and is not a new one now And my Lord Chief Justice that then was speaking of that proof he brought which the Court heard with patience but could easily see through the vanity of it said What arts they have of evading this I know not for as they have turn'd their Learning into Subtelty so they have their Religion too All this is well remembred by those that were by and heard that Tryal And though Ireland laboured to disprove me in that circumstance of time yet still the Court did justifie the Evidence that Mr. Bedloe and my self had given And the same Chief Justice said I leave it to you to consider whether you have not as much Evidence from these two men as can be expected in a case of this nature and whether Mr. Oates be not rather justified by the Testimony offered against him than discredited This was after his Plea was debated and considered and I must further observe to your Lordship that though Mr. Ireland by his false Witnesses pressed this matter as far as he could then and urged the Court to believe it yet when the Jury brought in their Verdict and found him Guilty the Chief Justice expressed the satisfaction of the Court in these words You have done Gentlemen like very good Subjects and very good Christians that is to say like very good Protestants and now much good may their 30000 Masses do them This my Lord was the Case of Mr. Ireland at his Tryal and the same point of his being out of Town was again managed before a second Jury at the Tryal of the Five Jesuits but the Court saw the design of the Popish Party to blemish the Evidence given of the Plot but yet they lookt upon it only as a Trick And my Lord Chief Justice Seroggs in summing up the Evidence at that Tryal says They fall foul upon Mr. Oates meaning my self he appears to have been their Agent and whilst so bad enough But if he had not had a mind to have become a good man he would not have done us that good he has done in the discovery of the design they had engaged him in And if your Lordship please to remember that at that Tryal of the Five Jesuites when all arts were used to prove Ireland out of Town and me at St. Omers in the same Charge to the Jury my Lord Scroggs did take notice that the Jesuites were very exact at catching in a point of time but now says that is a thing that no man can precisely charge his memory withal and therefore he does there perswade the Jury that that should not be too strictly the measure of their Judgments about Truth and Falshood by the mistake of seven or eight days For said he to the Jury examine your selves how often every day you do mistake things that have been transacted half a year ago and err in point of time taking one week for another and one month for another and therefore you are not to lay too great a weight upon the point of time Now if too great weight my Lord be not to be laid upon a point of time then this Charge that is now brought against me is not of weight at all And besides my Lord this ought to be considered if this were the great Objection then and then answered it ceases to be an Objection now And as the Court did observe at the summing up of the Evidence that they made their defence about the uncertainty of a point of time which was no defence at all So that my Lord the whole course of my Plea is this 'T is a hard case for a man after six years to be indicted for a circumstance of time I will first offer the Testimony of one Witness that is dead and that is Mr. Bedloe who at his death confirmed all that he had sworn of the Popish Plot to be true and affirmed that he had rather spoken less than the Truth than more and for that I desire that my Lord Keeper may be called who took his dying Examination L. C. J. As for that Mr. Oates it is a thing very well known to the world and particularly to a worthy Gentleman that sits by you pointing to Mr. North that Mr. Bedloe when he was sick did make some such Protestation Oates Then my Lord I desire that Mr. Blayney may be sworn to give an account what Mr. Bedloe testified at Ireland's Tryal Then Mr. Blayney was Sworn Oates Mr. Blayney pray will you see in your Notes of Ireland's Tryal whether Mr. Bedloe did not swear that Mr. Ireland was in Town the latter end of August 78 or the beginning of September Mr. Blayney Where abouts in the Tryal is it Sir Oates It is in the Printed Tryal folio 41. Mr. Blayney My Lord I do finde these words in my Notes that Mr. Bedloe should say about the latter end of August or the beginning of September but I believe it was the latter end of August Mr. Ireland was at Harcourt's Chamber and being ask'd the question by my Lord Chief Justice Scroggs Whether he said it positively it was the latter end of August he said it was in August he would not be positive to a day but he thought the latter end L. C. J. 'T is very well known that too that Bedloe did swear Ireland was in Town the latter end of August or beginning of September and to confirm it upon Mr. Ireland's denial you swore he was in Town the 1st or 2d of September and gave you twenty shillings that was the occasion of your Oath Oates Then my Lord I desire to call some Witnesses to testifie to the Deposition that was taken of Mr. Jennison about Ireland's being then in Town L. C. J. When was that Deposition taken and before whom Oates It was taken in year 79 by Sir Edmund Warcup L. C. J. But we cannot admit that in Evidence unless the Kings
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
another Fact upon Mr. Ireland in the month of Augnst the latter end of it or the beginning of September which is material and makes two Witnesses against Ireland which Oats knew well enough For he is his Arts-Master he knows all the Tricks and can tell the very Nick that will do And therefore when he finds Mr. Ireland so positively Affirming That he was then out of Town and if so Bedloe did not Swear true Then does this Oats come in and thereby makes his Testimony material to the Point then in issue Says he The First of September or at least the Second I will swear he was in Town for he gave me Twenty Shillings And that is given as a Token why he does remember it And thus he did prop up Bedloe's Testimony against Mr. Ireland's Defence This is proved to you by Mr. Waterhouse who was one of the Jury And the same thing does the next Gentleman swear which is Mr. Byfeild They do both agree in that Circumstance punctually That he swore he had then of him Twenty Shillings Ay but says he for himself because I would remove the Objections out of the way as they occur to me 't is very hard this being now some six or seven Years ago that I should be called to question about such a thing when they might have had a time to disprove it before Besides Gentlemen the Answer that has been truly given to you concerning the Miserableness of the Times when the Truth of it is there was no Justice to be had for Protestants if we speak of the Church-of-England-Men under that Name For either they were Papists in Masquerade or Popishly affected or the Names of Tory and Tantivy and I know not what was enough to do their work for them And no Body was reckoned of the Sober Virtuous Godly Party but those that were under Associations and Covenants as though there was no Sanctity to be found in any but those who were bent to destroy all Virtue and Religion I say Besides that there is another Answer which I am sorry has so much weight in it Could any Man have believed that Oats should dare so impudently to swear a Falshood and that in a Cause where Life was concern'd and the Man-hang'd upon his Testimony To what purpose then should his Relations interpose to disprove Oats after his Death That would not revive him But you find there was an Inclination that way and I wish to God with all my Heart it had taken effect For What says the Old Gentlewoman As soon as she heard what Mr. Oats had sworn which she knew to be false immediately she dispatch't an Express to London and sent a Petition to the King That either Ireland might have a new Tryal or his Execution might be Repriev'd till they brought up such Witnesses as would have made it apparent and as clear as the Light That what this Fellow had testified was notoriously false But such such I must say was the Misfortune of the Time we were in that stop't the Fountain of Mercy it self from letting forth its wonted Streams and even compelled that Compassionate Prince rather than he would give any Disturbance to his People to permit that Execution against his own Inclination because there was a Verdict and Judgment in the Case For as he was really the Fountain of Justice so was he of Mercy too And it is well known to those that had the Happiness to be near his Person how oft he expressed his Concern for having consented to this Execution And this continued with him even to his dying Day as the business of my Lord of Strafford did with his Royal Father And Gentlemen I chose to mention this Passage concerning his late Majesty for this Reason That when we live in such Tumultuous Times when things are put so hard upon Princes as to compel them to restrain their Mercy where they think it due rather than seem to stop the Currant of Justice this should not be remembred with any Reflection upon them but with Infamy to those that are the Causes and Grounds of it When such Prodigious Wretches as Oats and Bedloe for there appears no Evidence before you but that of those two proligate Villains who came out of Goals And after having been guilty of Villainies almost of all sorts that ever were committed came to be sanctified by committing more And were therefore called The Saviours of the Nation Gentlemen The next Objection that is made against the Evidence for the King is That they are all Papists who design nothing but to destroy the Government and ruin the Protestant Religion And this must be taken to be the whole Design of all these Persons of Quality and others that they come to forswear themselves and damn their Souls to all Eternity on purpose only to destroy Innocent Protestant Mr. Oats Alack-a-day When at the same time I must tell you if it were necessary You have about Seven or Eight Protestant Witnesses of the Church of England that Confirm the Testimony of the rest Not that we must think or ought to have any such Conception among us but that Roman Catholicks in point of Law are good Witnesses and are to be Credited as much as any other Witnesses whatsoever unless there be some Objection made to them which would be the same against a Protestant as a Papist For there remains a Right in them and they ought to have equal Credit given to their Testimony with those of any other perswasion if a regular Objection be not started against them And sure I am that has been alwayes the Law and shall be my Practice while I have any thing to do with the Administration of Justice Let the sober Party as they call themselves make what Reflections they please upon it or trouble themselves as they will about it I value them not nor their Opinion Let them send as many Penny-Post Letters and Libels as they have a mind to do two of which I receiv'd last Night about Yesterdays Tryal This I am sure of Lying is as much the Talent and Inclination of a Presbyterian as ever it can be of a Papist Nay more For it is as inseparably Incident to a Presbyterian and such snivling whining canting Knaves to Lye as to Speak They can no more forbear Lying than they can forbear Speaking for generally as often as they do the one they do the other Besides I must Observe to you with what caution care and sobriety both of Expression and Action all these Gentlemen and Women have delivered their Testimony with the greatest tenderness and care that possibly could be And as well as they have given it with Caution so I cannot but put it home to you Gentlemen at the Bar to give it its due Consideration For though the other Juries did believe Oats and not them at that time yet that is not to be your measure because you have not the same reason to do it Could any Person think that
hardned in Villainy as he appears to be But I think it not amiss for me to say something upon this occasion for the satisfaction of some that hear me and for an Example for the future The Crime whereof this Man stands Convicted is certainly a very heinous one attended with such dismal Consequences that ensued upon it that I think no Man can have a true Christian Spirit in him but he must begin to melt with the Consideration of the great Mischiefs his Perjury has brought upon himself and us It has brought the Guilt of Innocent Blood upon many to be sure it hath on his own head and I pray God deliver all Men from having any hand in Innocent Blood And as the Crime is great so it is to be known that a proportionable punishment of that Crime can scarce by our Law as now it stands be inflicted upon him But that you may see we have considered how to punish it as such a Crime does deserve We have consulted with all the Judges of England that if the Law would allow it he might have such a Judgment for this heinous Offence as might be proper to terrifie all others from Committing the like again For Punishment is not intended only for the sake of the Offender to reward him according to his deserts but it has a prospect also of example and terrour to all others that they should take Care how they offend in any such manner and that is as considerable a part of the end of the Law as any other Gentlemen It is known that by the Old Laws of England Perjury was Punished with death it grew a little more moderate afterwards not to make the Crime the less but because of the danger there might be of malice in some revengeful Persons by endeavouring by Perjury to Convict others of Perjury But the next step was cutting out of the Tongue to shew that the Law in all Ages had an abhorrency of false Oaths and Punished that impious Crime of Perjury with the most terrible Punishments Since that time Our Ancestors have yet been more Moderate and have not extended the Judgment to Life and Member but by the Unanimous Opinion of all the Judges of England whom we purposely consulted with upon this Occasion It is conceived That by the Law Crimes of this Nature are left to be Punished according to the discretion of this Court so far as that the Judgment extend not to Life or Member And I tell you this Gentlemen the rather because I observe our Law-Books are more silent herein in regard the Judgments for these Offences are not so solemnly and particularly entered up as they are in Cases Capital But they are left more discretionary Because that Crimes of this Nature may be attended with particular Circumstances either to aggravate or lessen the Punishment And therefore the Punishment might be distributed accordingly And for that reason Gemlemen It is well known to us all that that was the occasion of taking away the Court of Star Chamber as the Preamble of the Act for taking it away does manifest That inasmuch as the Authority for the Correction of all Offences whatsoever was by the Common Law of this Land Originally fixed in the Court of Kings-Bench and the Proceeding by information in the Star-Chamber when it might be by Process in this Court was lookt upon as a double way of Vexation Therefore that Court is abolished and the Authority of the Kings-Bench Court left entire And it is notoriously known how Punishments of all sorts and kinds were inflicted by the Court of Star-Chamber for Perjury and such like Offences while that Court was up and since that time in Fox's Case and others that you have heard of it has been according to the discretion of this Court Punished as severely as this Court thought fit so as the Sentence did not extend to Life or Member Now I thought it proper for me not only for the sake of the Case now before us but also for your Learning sake to tell you This was the Resolution of all the Judges of England upon Consideration of the Precedents and of all the Rules of Law which have been fully debated and considered of And this I declare is their unanimous Opinion If then this be so and it is left to the discretion of the Court. to inflict such Punishment as they think fit far be it from this Court at any time as on the one side to inflict Punishment heavier than the Crimes deserve no we would rather use Commiseration than extraordinary and exorbitant Severity so on the other side to let go Crimes so notorious and hainous as these without the severest mark that can by Law be put upon them When a Person shall be Convicted of such a foul and malicious Perjury as the Defendant here is I think it is impossible for this Court as the Law now stands to put a Punishment upon him any way proportionable to the Offence that has drawn after it so many horrid and dreadful Consequences We do therefore think fit to inflict an exemplary Punishment upon this villainous Perjur'd wretch to Terrify others for the future which is not my part to pronounce But what it is my Brother will tell you Mr. Att. Gen. My Lord You will be pleased to remember there are two Judgments Lord Ch. Just There are so we know it very well Mr. Attorney Mr. Att. Gen. That which was Tryed first was about the Confult on the Twenty-fourth of April we desire that some particular mark may be set upon that day Then the Judges Consulted a little together and Mr. Justice Withins pronounced the Sentence thus Mr. Just Withins Titus Oats You are Convicted upon Two Indictments for Perjury I say for Perjury I must repeat the word twice because you are doubly Convicted One of the greatest Offences that our Law has cognizance of 't is so in its own Nature But your Perjury has all the Aggravations that can be thought of to heighten it If a Man kills another with his Sword and there be fore-thought Malice in the Case he is to be hang'd for it But when a Man shall draw Innocent Blood upon himself by a malicious premeditated false Oath there is not only Blood in the Case but likewise Perjury corrupt malicious Perjury I know not how I can say but That the Law is defective that such a one is not to be hang'd For if we consider those dreadful Effects which have follow'd upon your Perjury we must conclude our Law defective they are vuch as no Christian 's Heart can think of without Bleeding for that Innocent Blood which was shed by your Oath and every knowing Man believes and every honest Man grieves for God be thanked our Eyes are now opened and indeed we must have been incurably blind if they had not been opened first by the Contradictions Improbabilities and Impossbilities in your own Testimony but likewise by the positive plain direct and full
the King there when men Lodged themselves within those Walls as a Protection for their Conspiracies we all remember the time when Indictments were preferr'd and a plain evidence given to a Grand Jury even to the Publick Satisfaction of all that heard it and yet they have refused to find the Bill And not only so but were so abetted by the Rabble that it was scarce safe for the Judges to sit upon the Bench. These are things none of us can forget but must be perpetually remembred to the shame of the Authors and Contrivers of them And therefore it is no wonder an Indictment was not preferr'd against Mr. Oats at that time when the plainest proof against Criminals could not be admitted And this will give every man satisfaction why it has been delayed And I hope at the same time give every man a Caution how they fall into the like Circumstances again But Gentlemen You have heard the Evidence that is now offered to prove this matter of Fact and it is a plain demonstration if you will believe that Mr. Ireland was seen by these men at all he was seen at those very times they have particularly declared For upon consideration of the Circumstances it is impossible it should be at any other times and so I leave it to you to judge upon the whole whether the Defendant be Perjured or no. Lord Ch. Just Gentlemen of the Jury this Case has taken up a great deal of time but it is a Case of that Moment and Consequence that sure no time ought to be thought too long that is employed for the discovering of the Truth so necessary to be discover'd as the matter now in question For as I said at the beginning upon this occasion and I cannot but say it again now I confess I cannot without Horror and Trembling Reflect upon the many mischiefs and inconveniencies we have been run into if the Testimony given this day in this Cause against Oats prove true as I cannot in the least imagine where there should remain the least objection against the Truth of it I cannot I say but bewail that so many innocent Persons to the Reproach of our Nation be it spoken have suffered death upon this account God deliver me from having the least stain of Innocent Blood imputed to me and it is more to be Lamented when we see that impudence which has brought that Infamy upon our Land continues with a Brazen-Face defying all shame to this day But by this we may be informed how some mens Consciences are seared and that there are some people that do indeed Live without the fear of God in the World For if that man who has assumed to himself the Habit and Character of one that should Preach to others Religion Vertue and the things that become true Christians shall become such a Monster of Impiety and Impudence in defiance of Heaven and Earth What greater and more manifest proof can there be of a seared Conscience I cannot but lament likewise the wickedness of our Age when I reflect upon the Testimony of that other Wretch indeed I cannot use terms severe enough for him that when he was going into another World should Presist in such gross Falsities I mean Bedloe Infamous Bealoe and let his name be for ever Infamous to all Mankind that have any regard or deferance for the Truth that he should with his latest Breath dare to affirm That every Word he had said of the Popish Plot was true when it is as clear as the Sun by the Testimony of this day that every word he swore about Ireland was utterly false Good God of Heaven What an Age have we liv'd in to see Innocence suffer Punishment and Impudent falsity Reign so long Gentlemen I hope all Eyes are opened I wish they had been so long since let us lay the Burden the Infamy and Reproach of these things upon them that deserve it for we cannot but know we are reckoned as a by-word to all our Neighbours and shall remain Monuments of Ignominy to all succeeding Ages and Times if we did not endeavour to discharge our selves and our Religion and the Justice of our Nation from these Scandals Gentlemen I think I am obliged in the First place to take notice of what Mr. Soliciter General has mentioned concerning the Insolency of those times wherein the Faction was grown to that extravagant Height that in truth a man durst not appear with safety of his own Life and Fortune to Testify the Truth And Is it not a shame that it should be remembred what one of the Witnesses this day Testified That when he came to appear at the Council-Table to Attest a Matter of Fact before this Innocent Blood was spilt for so I must call it if that which has been Sworn this day is true the Rabble should be so boisterous as to cry out Where is that Villain that dares come to give Evidence against Oats the Saviour of the Nation Oh horrid Blasphemy that no less an Epethite should be given to such a Profligate Wretch as Oats than that which is only proper to our Blessed LORD As though Oats had merited more than all mankind and so indeed he has if we take it in a true Sense He has deserved much more Punishment than the Laws of this Land can inflict And I must needs say Gentlemen That this is an Instance why there seems not to have been Punishment enough ordain'd in Law for Perjury because our Law-makers did not foresee that there could ever be such Villains such Miscreants as these We have indeed another Instance in the Law of a Crime for which there is no adequate Punishment and that is in the Case where a Child kills his Father Paricide has no peculiar Judgment assigned for it but we are forc't because these things have been sometimes practised by a Construction in Law to make that Child as a Servant to his Father and so Punish him with the Judgment of Petty-Treason but take him immediately as he is a Child and not as a Servant and I say there is no particular Provision in Law to Punish such an Offence And What is the Reason of it Because it is so unnatural and against the Imaginations of Man-kind to believe there ever could be such a wicked Child in the World If that be not to be Imagin'd How could it be Imagin'd that there should ever be such horrid Villains as should attempt the Destruction of the Government of Three Kingdoms Good Lord What Times do we live in Surely 't is such an Age as was never known from the Creation of the World to this day And to this must be added what aggravates the Mischief That all this is done under the Umbrage Countenance and Pretence of Law the Proceedings of Law the usual Methods of Justice are made the Instruments of the most horrid Injustice The Murder of our late Blessed Sovereign King CHARLES the Martyr of ever happy Memory though a
Crime as high in it self as the Law knows of yet I may say it was aggravated very much that that Unfortunate but Glorious King should be brought to the Block by a Pretext of Law and Cut off by a colourable Method of Justice 'T is that which makes that Murder ten times more Base and Infamous So Gentlemen the destruction of poor innocent Persons by false Accusations by the pernicious Evidence of Perjur'd Witnesses in a Course of Justice makes their Crime infinitely more odious than common Murder Gentlemen I cannot but speak with warmth in a Case of this Nature and I the rather speak so because at the time when those Things were done we all know the Nation was in a Hurry and a sort of ill-minded Men had crept in among us who had blown us up to such an height that nothing but what comply'd with their malicious and Devillish designs was to be believed when the King could not get common Justice done against real Traytors but the very Streams of Justice were all Corrupted though the Fountain God be thanked was preserved pure When the Faction by Cabals and Intrigues had got Sheriffs of their own Party and laboured to get all other Officers of their own wicked Principles then came all those Mischiefs we so long labour'd under When those Fellows that had so great a share in the late Rebellion were the only fit Men to be trusted with the Government and all the while were designing to destroy it and to bring Us into the same miserable Condition we formerly were in Was it ever I speak to you Gentlemen of the Jury Citizens of London who know its antient Constitution and have too well experienced its late Convulsions was it ever known till justice was designed to be Corrupted that there was any Labouring to be Sheriffs No Endeavours were always used to be excused and Fines paid to get off from that Office And the Reason is plain for never was there a wife and wealthy Citizen that had a mind out of a Principal part of his Estate to squander away so much as is necessary to defray the Charge of that Office But it was the Design that those Rascals had upon the Government that made them so greedy of those Places and they thought they had now an opportunity to effect their Design upon these Fellows Pretended Discovery They believed that because we were hurried into the Mischiefs of the late Times by pretences of Popery the same Bait would be swallowed now Therefore the Cry must be set up Popery was a coming-in They concluded if they could but make use of the same Engines they should have the same Effect Witness a Peer that is now dead one that was a main Instrument of our Confusion in the late Times and thereby experienc'd in Villainy was made use of as the Chief Tool in these late Contrivances But alas When they found those Pretences and Projects would take no longer then they fly to that which was indeed the bottom of All I mean The bloody Conspiracy When they found they could not overthrow the Government by Methods of Law they betake themselves to down-right Treason For by this time the Eyes of the honest Citizens were opened and they found what Interest was driving on And it was time to have them open when a Cause in Guild-Hall was alwayes Tryed according to the Characters of the Clyent and not the Merits of the Cause when if a Man was blasted with the name of a Tory he was sure to Lose it But if a whining Rascal was Sanctified with the name of a Whigg he was sure to have it go on his side Witness the famous Cause of Mr. Loades about his Limons But when Sheriffs came to be Elected in due manner such as were fit to be Trusted with the City-Business What do they but break out into a horrid Conspiracy to take away the Life of that blessed King that merciful Prince so lately deceased to the Grief and Sorrow of all His loving and loyal Subjects And not only so but to rob us of His Sacred Majesty our present most Gracious Sovereign whom I pray God to preserve long to Reign over us To which the Auditory gave a great Acclamation saying Amen Gentlemen When these things are thought upon you must give me leave to observe let others think what they please that was the real Plot the true Plot For there is one thing Observable that attends this whole Affair That every Man who Suffered for the Plot which the Witnesses truly call Oats's Plot to a Man denied it even to the last Gasp and took it upon their Deaths and Salvations that they were Innocent Nay when they had not those hopes Bedloe had of Life for I cannot believe that he could have been so egregious a Villain as to have Attested such notorious Lies if he had not hop'd to have Recovered and thereby increased his own Reputation yet not a Man of the others but disown'd it with their dying Breath Now on the other side there was not a man that was concern'd in the Conspiracy of which this was to be the blind and the colour had the Considence to deny it when they came to Suffer for it All this ought to be put in the Ballance and duly weighed For Gentlemen because it is a Matter that is not only publick here but all the World over we must have the Justice of the Nation vindicated and its dis-reputation wiped off And having taken Notice of these things which I could not well omit upon this occasion I must now put you in mind what is necessary for you to take into your Consideration as to the particular Case before you And First You must observe That this Indictment against Oats is for Committing wilful and corrupt Perjury which is also laid to be done maliciously And if it were False surely it was Malicious because by his False Oath have Innocent men been Convicted Condemned and Executed Secondly You are to Consider how far the thing goes to make it material to the Issue For if it were upon a Nicety only or a Catch or any of those fine Words that he has been pleased to make use of it were not fit to Perjure him upon it But it is certainly very material For Time and Place are matters Substantial to discover Truth and Falshood by as in the Case of Susannah The Perjury of the Elders as you may remember was detected by those very Circumstances But I shall shew you the occasion of this Oath and that will manifest it to be a Material part in respect of the Time For First Here was a Consult held as he Testified the 24th of April 1678 and then he Swears Ireland was in Town and present at the Consult But all that Oats Swore would not do the Feat because that he was but one Witness Then comes Bedloe his worthy Yoke-fellow a brace of such Witnesses as the Lord deliver all mankind from and he Assigns