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
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
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
Oats Not at all my Lord I know who they are and what is the end of it all Lord Ch. Just Upon my Faith I have so much Charity for you as my fellow-Creature as to be concerned for you Oats 'T is not two straws matter whether you be or no I know my own Innocency Lord Ch. Just Thou art the most obstinately hardened Wretch that ever I saw Oats Pray my Lord ask him whether he did not appear at Mr. Ireland's Tryal and let it be remembred what Credit he had then for all this story he tells now These People come here to serve a turn only and care not what they swear against me Lord Ch. Just You must hold your Tongue Oats My Lord. I must speak the truth and I will speak the truth Lord Ch. Just I think there is scarce a word of Truth comes out of thy mouth Oats You may think what you will my Lord But these Popish Traytors I am sure will swear any thing and subborn Witnesses upon Witnesses against me and to overthrow the Plot. Mr. Just Withins If you cannot behave your self better than you do we must send you elsewhere we must not suffer this Behaviour And therefore either be quiet or get you gone Lord Ch. Just Let him keep himself in order and we 'll hear him If he think by Boisterous Impudency to out-face Justice we will not suffer it Go on Mr. Attorney Mr. Att. Gen. Swear Mr. George Hobson Which was done Mr. Sol. Gen. Were you in the Journey to Tixhall with Mr. Ireland and my Lord Aston in 78 Hobson Yes I was so my Lord. Mr. Sol. Gen. Pray tell all your Knowledg of that matter Mr. Hobson From the 3d. of August till the 16th at night I was present with him every day Lord Ch. Just How do you know you were Hobson That is to say the 3d. of August he came to my Lord's House at Standen in Hartfordshire in the Evening and there he remained till Monday the 5th of August and that day in the morning he went together with other Company to St. Albans where we met Sir John Southcoat and his Lady towards the Evening and we all Lodged there because that was the appointed place to meet at We Lodged the 6th of August at night at Northampton upon the 7th at Coventry upon the 8th at Tixhall my Lord's House where Mr. Ireland remain'd till Tuesday the 13th in the Morning And upon the 13th in the morning we set forth with my Lady Aston my Lord's Mother and Sir John Southcoat and Mr. Ireland and the other Company towards a place called Holy-Well in Flintshire That night being Tuesday the 13th of August we Lodged at Nantwich in Cheshire the Wednesday night we Lodged at Holy-well where Mr. Ireland was with the rest of the Company and on Thursday night we returned back again to Chester and lay there Upon Friday we came back again to my Lord's House at Tixhall After that I did not see Mr. Ireland till Monday the 26th of August when he came back again to our House Where he went in the mean time I cannot tell Lord Ch. Just Whose House is it that this man means by our House Hobson I mean my Lord Aston's House at Tixhall Lord Ch. Just You knew him very well did not you Hobson Yes my Lord I knew him very well Lord Ch. Just You say he came back the 26th of August to Tixhall Hobson Yes as I remember he did so Mr. Att. Gen. How long after the 26th of August was it that you saw him at Tixhall Hobson When he went away for London Mr. Att. Gen. When was that Hobson The 9th of September Lord Ch. Just Did you come a long with him to London Hobson No my Lord I see him go he was not in the Coach but he was in the Company Oats My Lord I would fain ask him a question When he was first acquainted with Mr. Ireland that he speaks of Hobson I never saw him till he came to my Lord Astons at Standen Oats Were you at the Tryal of Mr. Ireland Sir Hobson No my Lord I was not I was then in Staffordshire Oats Then it is material my Lord for me to ask him this Question it relating to a particular Person whether Ireland that was Executed was the Ireland he saies he was with Lord Ch. Just I will ask him if you will Was that the same man that was afterwards Tryed and Executed Hobson I believe it was my Lord. Oats I insist not so much upon the question but only in reference to the Witness his acquaintance being so short with him Lord Ch. Just Truly I think it is not so very short for he swears he was with him from the 3d. of August till the 16th every day Mr. Just Withins I have no great Acquaintance with you but I know you Mr. Oats because I have seen you so often Lord Ch. Just Is it the same Ireland that was at the Tryal You Harrison you saw him then Harrison The very same and no other Mr. Just Withins Certainly no Body doubts that Lord Ch. Just 'T is fit he should have his Question answer'd if the Witness can Pray go on Mr. Attorney Mr. Att. Gen. Swear George North. Which was done Pray Will you give an Account where you met Mr. Ireland and whether you were with him in his Journey North. My Lord I saw him the Fourth of August which was Sunday at Standen my Lord Aston's House in Hartfordshire Upon the Fifth he went with my Lord to St. Albans where my Lord met with Sir John Southcoat and his Lady and I was with them And from thence we went on Tuesday to the George at Northampton And from thence on Wednesday the Seventh to the Bull at Coventry And upon the Eighth we came to Tixhall which was Thursday And from Thursday the Eighth to Tuesday the Thirteenth I did see him every Day at my Lord's House at Tixhall Lord Ch. Just Whither went he then North. He went with my old Lady and some other Company to go to Holy-Well Lord Ch. Just When did you see him again North. I did see him several times after that at Tixhall But I took no particular Notice of him again till he went away for London Lord Ch. Just When was that North. I did see him the Ninth of September He came to go with Sir John Southcoat to London Mr. John Southcoat and he I took my Leave of him Oats What Religion are you of Sir North. I am a Catholick my Lord. Oats I desire to know how he comes to remember this so well North. I waited at the Table and he was every Day at Dinner with my Lord. Oats Were you at the Tryal of Ireland a Witness North. No indeed my Lord I was not Mr. Att. Gen. Swear Richard Ingletrap Which was done Mr. Sol. Gen. Pray will you give an Account whether you knew Mr. Ireland and where you saw him Ingletrap The First of August my Lord I was ordered
the 17th of August and I did see him there the 18th and I did see him there the 19th and I did see him there the 20th and I saw him there upon the 22th 23th 24th and 25th and that was the last time I saw him there L. C. Justice At Mr. Harwells was it that you saw him Mrs. Winford Sometimes at Mrs. Harwells and sometimes at my Fathers House who lived in that Town Oates My Lord I desire to know how she comes to remember those dayes so particularly Mrs. Winford I remember them because St. Bartholomews Day was the 24th of August and that was the Saturday after he came to Town and the first day I saw him was the Sunday before and so I reckon it to be on those dayes I saw him L. C. Justice Have you any other Questions to ask her Mr. Oates Oates No my Lord I have not She was a Witness before at Whitebread's Tryal and was not believed there L. C. Justice We 'll make your Remarques by and by and let them now go on with their Evidence Mr. Soll. Gen. Then swear Mr. William Stanley which was done Mr. Att. Gen. Pray did you see Mr. Ireland at Wolver Hampton and when Mr. Stanley Upon the 18th of August 78. It was Sunday I saw Mr. Ireland in Wolver Hampton in the Morning and in the Afternoon he was in my own House Upon Munday the 19th I saw him twice that Day at my own House I positively speak that and I verily believe I did see him on Tuesday the 20th and Wednesday the 21th but Thursday and Friday I cannot say I did see him those two daies For he went upon one of them to Litchfield But upon Saturday and Sunday I am sure I saw him and two or three times some dayes Oates Pray Mr. Stanley did you know him before Mr. Stanley No I did not Sir Oates Was you at his Tryal Mr. Stanley No I was not Oates Were you at the five Jesuits Tryal Mr. Stanley No I was not in London since till the last Term. Oates What Religion are you of Sir Mr. Stanley What Religion are you of Mr. Oates L. C. Justice Nay do not ask Questions but answer the Questions he asks Mr. Stanley I am a Roman Catholick Mr. Att. Gen. Mr. Stanley Pray can you Recollect any Circumstance how you came to remember that it was such and such Days that you saw him Mr. Stanley Yes my Lord I can L. C. Justice What are they tell them us Mr. Stanley I buried a Child that Morning being Sunday the 18th of August and he came to my House in the Afternoon and I entertained him with those things that I had provided for to entertain my Friends at the Funeral On Munday was a Wake and the young People went all to the Wake and left Madam Harwell alone and so she came with him to my House and I entertained him with the lame kind of entertainment that I did the day before L. C. Justice That is a remarkable Circumstance indeed Mr. Att. Gen. Swear Mrs. Dorothy Purcell which was done What say you Mrs. Purcell when did you see Mr. Ireland at Wolverhampton Mrs. Purcell I saw him the 18th 19th 20th 21th 22th and 23th days of August 1678. Mr. Att. Gen. Where did you see him Mrs. Purcell At a Friend's House in Wolverhampton L. C. Justice How come you to remember those days of the Month Mrs. Purcell I remember them by particular Circumstances L. C. Justice What are those particular Circumstances Let us hear them How come you to name those very days the 18th 19th and so on Mrs. Purcell I can remember it as well as any thing in the World Oates I desire my Lord that she may tell how she does remember it Mrs. Purcell That 's enough and as much as need to be said I remember very well Oates But I desire to know how you come to Remember it Mrs. Purcell I remember it I tell you very well And I do affirm I saw him 〈◊〉 Oates But you do not tell what Circumstances you remembed in by Mrs. Purcell No there is no need of it I am sure I saw him there then Mr. Att. Gen. Tell him some Circumstances Mrs. Purcell Those were the days before Bartholomew Eve Oates My Lord Is this any thing of Evidence L. C. Justice The Jury hears it and they will Consider of it Oates What Religion are you of Mrs. Mrs. Purcel Must I tell what Religion I am of L. C. Justice Yes answer his Question Oates I dare say she is a Papist she need not trouble her Head to answer it Mr. Att. Gen. Swear Mr. Scot which was done Were you at Wolverhampton when Mr. Ireland was there Mr Scott Yes I was Mr. Att. Gen. Did you do any Service for him there Scott I look'd to his Horse Mr. Att. Gen. When did he come thither do you remember Scott I cannot tell just the time that he came in Mr. Att. Gen. What day of the Week was it that he came thither Scott It was of a Saturday Mr. Att. Gen. What Month was it Scott I cannot tell very well what Month it was It was in August I think Mr. Att. Gen. How long did he continue there Scott The space of a fortnight off and on Oates Is that Evidence my Lord that he has delivered L. C. Justice It is but very small Evidence It is only Circumstantial to confirm the other Testimony Mr. Att. Gen. How long was it before Ireland was tryed and executed can you tell that Scott No I know nothing of it Mr. Att. Gen. Then swear Mr. John Stamford which was done Mr. Soll. Gen. Did you see Mr. Ireland at VVolverhampton and when was it I pray you Mr. Stamford My Lord in the year 1675 I was sent beyond Sea to St. Omers to fetch over two young Gentlemen that were Students there And there I became acquainted with Mr. Ireland who was then Procurator of the Jesuits at St. Omers And in August 78. I did see him in VVolverhampton upon the Sunday after the Assumption of our Lady which was the 15th of August he came to see me and I saw him there that Day L. C. Justice What day of the month is the Assumption of our Lady Mr. Stamford That is alwayes the 15th of August my Lord. Mr. Att. Gen. How often did you see him there Mr. Stamford I saw him Sunday and Munday and till that seven Night I saw him every day in that Week but one when he went to Litchfield Oates My Lord I desire to know how he comes to remember that it was at that time L. C. Justice He tells you a Reason for it because it fell out to be upon the Sunday after the Assumption of our Lady which is alwayes the 15th of August Oates My Lord he sayes he came acquainted with Mr. Ireland at St. Omers L. C. Justice Yes he says that was in the year 1675. Oates I desire to know my Lord what Business he had there
L. C. Justice He tells you he went to fetch over two young men that were Students there Oates Pray my Lord I desire to know what Religion he is of L. C. Justice What Religion are you of Mr. Stamford I am a Roman Catholick Oates I desire to know what his Profession Mr. Stamford I am a younger Brother of a good and loyal Family as any of the County of Stafford and that suffered as much as any for the late King Oates I believe if it were looked into he is somewhat else besides a younger Brother Mr. Att. Gen. Yes he says he is of a Loyal Family L. C. Justice I am sure there is such a Family in that County that were great sufferers for King Charles the First and the late King and were very instrumental in Services for the late King at his escape from Worcester But whether he be of that Family or no I cannot tell Mr. Stamford The Doctor thinks I am a Jesuite but I 'll assure him I have Wife and Children Mr. Att. Gen. Mr. Oates was about to have made him a Priest but it seems he hath a Wife and Children and so it is out of danger Mr. Soll. Gen. Pray swear Mrs. Katherine Fowler which was done Mr. Att. Gen. Did you see Mr. Ireland Mrs. Fowler at Wolverhampton in 1678 Mrs. Fowler Yes I did Mr. Att. Gen. When was it Mrs. Fowler I did see him on Saturday the 17th of August at Wolverhampton he came that day to my Mothers House where I was Mr. Att. Gen. How long did he stay there Mrs. Fowler Till the 27th which was Munday was Sevennight after I was in his Company every day in that time unless it were Friday which day they say he went to Litchfield to the Fair. L. C. Justice Is Mrs. Harwell your Mother Mrs. Fowler Yes my Lord she is and I lived at that time with my Mother L. C. Justice How do you remember this have you any Tokens that you can give us why you remember it was then Mrs. Fowler My Lord I recollected my self after Mr. Ireland's Tryal in which Mr. Oates Swore that he was hear in Town between the 8th and 12th of August that that was the very Month that Mr. Ireland was in Wolverhampton and thereupon I concluded that Mr. Oates had not Sworn true by that Recollection when it was fresh in my memory being within half a year after Oates Madam are you Mrs. Harwells Daughter Mrs. Fowler Yes I am so Sir Oates Did you not know one Mr Jennison Mrs. Fowler Which Jennison Oates Mr. Robert Jennison Mrs. Fowler Yes I do know him Oates Are you not a kin to him Mr. Fowler Yes but I am sorry to own I have such a Relation Mr. Att. Gen. Swear Mr. Gifford Which was done Mr. Soll. Gen. Did you see Mr. Ireland in Stafford-shire and when I pray you Mr. Gifford I saw him there at Wolverhampton the 17th of August 1678 and he continued there till the 26th I saw him there every day Oates Pray my Lord be pleased to ask this Gentleman whether he were at the Tryal of Ireland Mr. Gifford No I was not in Court nor examined as a Witness Oates Were you at the Tryal of the five Jesuites Sir Mr. Gifford I was there but was not examined L. C. Justice Was it every day say you that you saw him at Wolverhampton Mr. Gifford Every day L. C. Justice They say he was one day out of Town at Litchfield Mr. Gifford He was out of Town that day but I saw him Mr. Att. Gen. Swear Mrs. Elizabeth Gifford which was done Mr. Soll. Gen. You hear the Question did you see Mr. Ireland in Stafford-shire in 78. and when Mrs. E. Gifford Mr. Ireland came to Wolverhampton the 17th of August and continued there till the 26th Mr. Att. Gen. How do you remember it Mrs. Gifford By a Wake that was just hard by that was at that time and he came to my Uncles House upon the Sunday following the Assumption of our Lady Mr. Att. Gen. Did you see him every day till the 26th Mrs. Gifford I remember I did see him every day but two days that I was abroad at the Wake Oates My Lord I desire to know whether She was examined at any of the former Tryals Mrs. Gifford Yes at the five Jesuites Tryal I was Oates Were you not at Ireland's Tryal Mrs. Gifford No I was not Oates There was one Gifford examined there Mr. Att. Gen. Swear Mrs. Elizabeth Keeling which was done Mr. Soll. Gen. Did you see Mr. Ireland at Wolverhampton and when Keeling Yes my Lord I did see Mr. Ireland at Wolverhampton Mr. Soll. Gen. Pray tell when it was Keeling It was the 17th of August he came to my Mistresses House Mr. Soll. Gen. What August Keeling August before the Plot. L. C. Justice Who was your Mistress Keeling Mrs. Harewell my Lord. Mr. Soll. Gen. How long did he continue there Keeling He came on the Saturday and I saw him there till the Monday When I was sent for to my Mothers Burying I left him and Madam Dormer at Dinner and came back on the Thursday And in his Chamber I heard him discourse but I did not see him Upon the Friday he went abroad and returned again that Night Upon the Saturday I faw him and he continued there till Monday Morning and then he went away and returned on Wednesday the 4th of September and stayed till Saturday the 7th and then went away from VVolverhampton Oates I desire to know what Religion this Woman is of Keeling I am a Roman Catholick God be thanked Mr. Att. Gen. Mrs. Keeling When did Mr. Ireland return again do you say after he went first to Wolverhampton Keeling It was the Wednesday seven night after Sir Mr. Att. Gen. That was the 4th of September L. C. Justice How long stayed he there then Keeling Till Saturday in the Forenoon Mr. Att. Gen. Whither did he say he was going then Keeling He said he went to Bellamour to Dinner L. C. Justice Did you see him at any time after Keeling No my Lord I saw him no more Mr. Att. Gen. Then swear Mr. Richardson which was done Mr. Soll. Gen. Pray Sir will you give an Account when you saw Mr. Ireland and where in the year 78. Mr. Richardson My Lord I saw a Gentleman that I was informed was Mr. Ireland at Wolverhampton at a Wake which was Monday the 19th of August Mr. Att. Gen. Where did he lodg Mr. Richardson At Mrs. Harwells Mr. Att. Gen. What are you a Tradesman Mr. Richardson Yes an Apothecary in Wolverhampton L. C. Justice How many days did you see him at Wolverhampton Mr. Richardson I saw him onely one day in the Market-place L. C. Justice You did not know Mr. Ireland before Mr. Richardson But I was inform'd that was he L. C. Justice What became of that Ireland that you were informed was at Wolverhampton then Mr. Richardson I heard presently after that upon Mr. Oates's Plot he
was secured and Executed Mr. Att. Gen. What Religion are you of pray Sir Mr. Richardson I am of the Church of England Oates Pray Sir I would ask you this Question Mr. Richardson As many Questions as you please Mr. Oates Oates Who told you it was Mr. Ireland Mr. Richardson Mrs. Harwell Oates When was it she told you it was Ireland Mr. Richardson To the best of my Remembrance it was before he was apprehended as a Traytor Oates He is uncertain when he was told so L. Ch. Just Well make what Advantage you can of it by and by Mr. Att. Gen. Swear Mrs. Eleanor Graves which was done Mr. Soll. Gen. Pray Mistriss did you see Mr. Ireland at VVolverhampton at any time Mrs. Graves Yes I did my Lord. Mr. Sol. Gen. When was it Mrs. Graves The first time was six years ago in August it is now going on seven years since Mr. Att. Gen. What time in August was it Mrs. Graves The first day was the 20th or 21th I am sure I saw him upon the 22th for I din'd with him and was with him all the Afternoon and sup'd with him Upon the 23th we went to Litchfield together which was Bartholomew Eve And I saw him the 25th which was Sunday after L. Ch. Just Are you sure it is the Ireland we are now speaking of Mrs. Graves They said it was the same Mr. Ireland that was executed They call'd him so L. Ch. Justice Nay there is no great doubt but only for Mr. Oates's Satisfaction Mr. Att. Gen. At whose House did he lye at VVolverhampton Mrs. Graves At Mrs. Harwells Mr. Att. Gen. Where was it you sup'd with him I pray you Mrs. Graves He din'd and sup'd at a Relations House of mine L. Ch. Justice Who was that Name him Mrs. Graves It was at my Uncle VVinfords L. Ch. Just Did you go along with him to Litchfield do you say on the 23th Mrs. Graves Yes and so did my Uncle and at Night we came back together Mr. Soll. Gen. What Religion are you of Mistress Mrs. Graves I am of the Church of England Oates My Lord I desire to ask her how did she know it was the same Ireland that was tryed Mrs. Graves It was the same Ireland that they said was afterwards executed I know no more Mr. Soll. Gen. Did you go back with him to Mrs. Harwells from Litchfield Mrs. Graves I did to my Uncle VVinfords House Mr. Att. Gen. Now we come my Lord to another Period of time which is from the 26th of August to the 29th and for that we first call Sir Thomas VVhitegrave who is a Justice of the Peace and a worthy Gentleman a Member of the Church of England in that County Swear him which was done Mr. Soll. Gen. Pray Sir Thomas will you be pleased to give the Court an account whether you saw Mr. Ireland in Staffordshire 1678 and what time it was Sir Thomas Whitegrave I saw Mr. Ireland upon the 29th of August before the Popish Plot It was upon a Thursday in the Afternoon upon Tixhal Bowling green and I discoursed with him he told me he was to go home that Night with Sir James Simmons and Mr. Heveningham They told me afterwards he went on Saturday to Hildersham and went thence on Monday following towards Boscobel Sometime after that a Rumor came down that Mr. Ireland was accused with others of being in a Plot of the Papists and my self and some others that were in Commission for the Peace in that County did reflect upon the time that Ireland was in the Country and we were a little disturbed because he had been at particular Places among our Neighbours whom we knew to be Catholicks Mr. Att. Gen. Can you remember no day but that one Sir Thomas Sir Thomas Whitegrave Only the 29th I saw him there and discours'd with him and afterwards there was Word sent to me to desire me that I would come up to London at his Tryal L. C. Justice And did you come up Sir Thomas Sir Tho. Whitegrave No I did not I had no Subpaena and being a Justice of the Peace I did not think fit to leave the Country at that time without a Subpaena Oates My Lord I desire to know of this Gentleman how long he had been acquainted with Mr. Ireland Sir Tho. Whitegrave I Never saw him before nor since L. C. Justice He goes no further then the 20th Mr. Att. Gen. No my Lord he does not Then swear Mr. William Fowler which was done Mr. Soll. Gen. Pray will you give an Account when you saw Mr. Ireland and where Mr. Fowler I saw Mr. Ireland upon the 27th of August 78. in Staffordshire at a Horse Race at Etching-hill The Race was run between Sir Henry Gough and Captain Cherwine Mr. Sol. Gen. Did you see him any other Day in that Month Mr. Fowler Yes the 29th of August I saw him at Tixhall Bowling-green Mr. Sol. Gen. When else did you see him Mr. Fowler I saw him the 10th of August before Mr. Sol. Gen. Where at Tixhall at my Lord Aston's House Mr. Att. Gen. Do you remember Sir Thomas Whitegrave was upon the Bowling-green the 27th of August Mr. Fowler Yes he was and did discourse with Mr. Ireland there L. C. Justice What became of Mr. Ireland afterwards Mr. Fowler He went about the Country for some time my Lord. L. C. Justice Was it the same Ireland that was executed Mr. Fowler Yes it was the same L. C. Justice You say you saw him the 29th at Tixhall Bowling green Mr. Fowler Yes I did so L. C. Justice When you heard he was taken up for the Plot What did they say whither he went at that Time Mr. Fowler I think he went to Mr. Heveningams or thereabouts Oates I would fain know this Gentlemans Religion Mr. Fowler I am a Roman Catholick L. C. Justice We ask it only because Mr. Oates desires to be satisfied in that point Mr. Att. Gen. Pray swear Mr. Howard which was done Mr. Soll. Gen. What time in August 78 did you see Mr. Ireland in Staffordshire and where Mr. Howard I came out of Shropshire upon the 27th of August to the Horse-race at Etching-hill and there I saw this Mr. Ireland upon the 28th I dined at one Mr. Herbert Astons House at Bellamore and there I saw him again Mr. Att. Gen. What other time did you see him Mr. Howard Never any other time Oates How does he know it was the same Mr. Ireland Mr. Howard I came up to Town soon after and they told me that knew him that it was the same Ireland that suffer'd Mr. Att. Gen. Swear Mr. Drayton which was done Mr. Soll. Gen. Where did you see Mr. Ireland Mr. Drayton At Etching-hill Race Mr. Att. Gen. What day was that Mr. Drayton That was the 27th of August 1678. Mr. Att. Gen. When did you see him after Mr. Drayton The next day following I did not see him but the Thursday following I saw him at Tixhall and he went
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
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
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
What he swore at the Tryal of Ireland and we say that at that Tryal he did swear Ireland was in Town the 1st or 2d of September 1678. The second instance is What he swore at the Tryal of the five Jesuites and there we say he did swear That Ireland was in Town between the 8th and 12th of August and that he took his leave of him here in Town at his Chamber in Russel-street and we do charge him by this Indictment that he has forsworn himself in both Instances And that Ireland Gentlemen was neither in Town between the 8th and 12th of August nor the 1st or 2d of September And we shall make it out very evidently For Gentlemen as to the proof in this Case our Case stands thus We say That the 3d. of August 1678. Ireland went into Hartfordshire to a House of my Lord Astons and from thence went into Staffordshire I will not stand to open the Particulars where he was every day but we shall give you an account in a method very easy to be remembred and observ'd where he was till the 14th of September But one Remarkable Instance Gentlemen I desire to take particular notice of and that is the time of Pancrass-Fair which is upon the 2d of September alwayes a known day and a known place in that Country Now we have among the rest many Witnesses to prove That Mr. Ireland was there that day and not in Town And when we have proved this as we shall by a whole Cloud of Witnesses I believe you Gentlemen of this Jury will no more doubt that Mr. Oates is Forsworn in these Particulars than the Jury Yesterday did in that particular nor than I believe the whole Kingdom does by this time Mr. Sol. Gen. My Lord we shall go to our Evidence and first we produce the Records of the two Tryals of Ireland and the five Jesuites Swear Mr. Swift which was done Pray Sir put in the Records Are those true Copies Mr. Swift My Lord I examined these Records with the Originals and they are true Copies Mr. Att. Gen. Mr. Oats Will you have them Read or to save the time of the Court will you agree them Oats My Lord I consent to save the time of the Court If they shall be made use of for Evidence for me Lord Ch. Just No doubt they are Evidence for you as well as against you when they are produced here Mr. Soll. Gen. If Mr. Oats does admit the Records then shall we go on and prove what he did swear at those Tryals and for the first part of the time which is between the 8th and 12th of August we desire that Mr. Thomas Harriot and Mr. Rainsford Waterhouse may be sworn which was done Mr. Att. Gen. Mr. Harriot pray do you Remember at the Tryal of the five Jesuits was Mr. Oats produc'd and sworn as a Witness Mr. Harriot Yes he was my Lord. Mr. Att. Gen. Do you remember what testimony he gave about Ireland's being in Town and when it was he said he was in Town Mr. Harriot My Lord he did positively swear that Mr. Ireland the late Jesuite did take his leave of him the said Oats and others at the said Ireland's Chamber in Russel-street betwixt the 8th and 12th of August 1678. Mr. Soll. Gen. Were you of the Jury that tryed the five Jesuits Mr. Harriot Mr. Harriot Yes I was Foreman of that Jury Mr. Soll. Gen. What say you Mr. Waterhouse Were you present at that Tryal Mr. Waterhouse Yes I was of the Jury too Mr. Soll. Gen. What did Oats Swear at that Tryal Mr. Waterhouse He said That Mr. Ireland took his leave of him the 12th of August My Lord Ch. Just Scroggs then asked him are you sure it was the 12th And then he said He would not be positive it was the 12th but between the 8th and 12th it was I am positive upon my Oath Mr. Att. Gen. It is so in the Print too but we will now go on Lord Ch. Just But will the Defendant ask these Witnesses any Questions Oats My Lord if your Lordship please I will ask Mr. Harriot a Question Lord Ch. Just Ay do ask him what you will Oats Mr. Harriot Did I swear that he took his leave of me or I took my leave of him Mr. Harriot You swore that Ireland took his leave of you and others between the 8th and 12th of August 1678. between those two days and in that Year Mr. Just Withins It is a nice Question that of yours Mr. Oats upon my word Oats My Lord I know what reason I have to ask that Question I am sure in Perjury the Court ought to keep up the Witnesses strictly to what is laid in the Indictment Lord Ch. Just Well you have his Answer according to the Indictment Oats Pray my Lord be pleased to ask Mr. Harriot this Question whether he took Notes of the Tryal Mr. Harriot Yes I did so Sir Oats My Lord I desire to know of Mr. Harriot whether he has those Notes by him Mr. Harriot No Sir I have them not here but I have had them by me this four or five Years or more It was my manner in all the Tryals wherein I was concern'd as a Jury-Man to Read the Tryals strictly over when they were printed especially where I happen'd to have any Notes that I took at the Tryal and to compare the printed Tryal with my Notes and where I found any thing doubtful I used to put a Query upon it And this and many other things I found to be in the Printed Tryal strictly according to my Notes Oats My Lord I desire to know what Tryal he was Foreman at Mr. Harriot That of the Five Jesuites in June the 13th of June 1679. Lord Ch. Just Have you any thing to ask Mr. Waterhouse Oats Yes my Lord. Pray Sir let me ask you a Question Mr. Waterhouse Ay if you please Sir Oats Did you take Notes of that Tryal you speak of Sir Mr. Waterhouse No I did not Oats How come you then to remember this That I was so positive as to the time betwixt the 8th and 12th of August Mr. Waterhouse Because I was one of the Jury and because my Lord Chief Justice made a stop when you said 'T was the 12th of August and bid you consider And you consider'd and consider'd it and did affirm positively That it was between the 8th and 12th of August Lord Ch. Just He gives you a plain Reason for his Remembrance Oats My Lord I have done with him Mr. Sol. Gen. Then we desire Mr. Foster may be sworn VVhich was done Mr. Foster Pray will you tell what you remember Mr. Oats swore at Mr. Ireland's Tryal about Ireland's being in Town Mr. Foster I was one of the Jury at the Tryal of Mr. Ireland Mr. Pickering and Mr. Grove and I did see Mr. Oats sworn as a Witness for the King at that Tryal and so was Mr. Bedloe And Bedloe there gave Evidence That there was a
is not here Oates Pray call Mr. Robert Bowes Cryer He is not here Oates Pray call Mr. John Savill Cryer He is not here Oates My Lord I have served all these with Subpoena's and if they will not come I cannot help it L. C. J. Nor we neither Oates Mr. Jennison was used as a VVitness in the Tryal of Sir George Wakeman and so was Mr. Bowes and Mr. Burnet who was produc'd to prove the circumstance of Mr. Jennison's Evidence But my Lord since I cannot have the benefit of his Evidence nor of Sarah Paines I must only sum up all I have to say in two or three words My Lord besides that what I did deliver in Evidence at those Tryals I gave in upon Oath you have Mr. Bedloe's Evidence at the Tryal of Ireland testified by Mr. Blayney and the testimony of him as a dying man given into my now Lord Keeper wherein he averr'd That what he had spoken of the Plot was all true And you hear that he swore Mr. Ireland was here in Town in August and so did Sarah Paine too and I think upon my self as very hardly used to have such a part of my Testimony brought in question after Witnesses are dead or gone out of the way As for Mr. Jennison his Evidence was formerly made use of and his Evidence was approved of too as is well known to those that sate Judges upon the late Viscount Stafford But this is that my Lord I must needs say for my self That as I hope to see the day of Salvation in another world whatever I have sworn about Mr. Ireland's being here in Town betwixt the Eighth and Twelfth of August 78 and in the beginning of September is true as I shall answer it before God another day And my Lord as to the Evidence this day brought against me I desire you would but observe though that there are many of those Witnesses yet a great part of them do not come up to the Eighth or Twelfth of August and I hope your Lordship will remember and remark to the Jury what little Credit those of them had that came to testifie in the behalf of Mr. Ireland at his Tryal and at the Five Jesuits Tryals of which there are two Records before you and they do first justifie this That Ireland and the rest of them were Guilty of what they were accused of and then That these Witnesses did not testifie the Truth Besides these two Tryals my Lord you have a third Verdict and that is at the Tryal of Mr. Langhorn Now the whole Popish Plot almost was laid forth in those three Tryals and my Lord I believe verily I am the first Precedent in all England of any ones being Indicted for Perjury that was a Witness for the King in such a Case as this after six years time elapsed after Verdict upon Verdict and Judgment and Execution upon these Verdicts and when no new Objection is now offered but what was then started and no new circumstance occurs now but was as forcible then except it be the change of the Season And I desire it may be considered when all the Judges of England were Commissioners of Oyer and Terminer at those Tryals these matters were fully discussed and debated and then they did look upon all the Objections as fully answered and confuted My Lord I am confident if I had been a Witness in any other Cause than of a Conspiracy of the Papists I might have had fairer quarter than I have now And I do verily believe that at this rate it is more safe for Papists to be Traytors than for any Protestant to discover a Popish Plot. My Lord and Gentlemen of the Jury I beseech you to take my Case into your serious Consideration as to the hardship of it and since all my Witnesses are in places unknown or they are such as considering the Times dare not appear some of them being Lawyers and under fear they shall fare the worse in their Practise and others being persons that depend upon the Law and think they shall be lookt ill upon as I am now lookt upon with a hard eye by the Popish party and their Adherents Yet I hope you that are sworn to do Justice will not let me be ruined by a number of false Witnesses by the Evidence of Papists that are parties For if your Lordship please to consider that Vote of the Lords House which is a Court of Record wherein they do declare that they are fully satisfied by the proofs they have heard that there then was and for divers years 〈…〉 had been a Horrid and Treasonable Plot and Conspiracy contrived and carryed on by those of the Popish Religion for the murdering of his Majesties Sacred Person and for subverting the Protestant Religion and the Ancient and Established Government of this Kingdom which Vote of Parliament my Lord does make the Papists to be all Parties in this Case and where they are Parties I hope they shall not be admitted as Evidence or at least not be believed because there is a turn to be served by them against me and a revenge they are resolved to take upon me for they have hopes now of bringing in their Religion and are to welcome that in with my Ruine and this is the cause of this prosecution Their eyes do see now what their hearts so long desired that is the death of a Great man who died but lately and against whose Life they had conspired so often and so long My Lord if this had been the first Conspiracy that ever the Papists were guilty of there might have been some more scruple and objection in the case But if you cast your eyes upon Campian and others in Queen Elizabeths time of Garnet and the Powder-Jesuits in King James's time and the designs of the Popish party in the time of the late King Charles the first discovered to the Archbishop of Canterbury If these things do pass for Truth and there is no Averment against so many Records as we have of their Conspiracies then my Discovery is no such improbable a thing and I hope then the Gentlemen of the Jury will take it into their considerations who they are that are Witnesses in this case men whose very Religion is Rebellion and whose Principles and Practises are pernicious to the Government and thereby they are to be lookt upon as dangerous persons in Church and State But my Lord if the Letters of Coleman be well considered they will justifie me that he Corresponded with Le Cheese the French Kings Confessour for the promoting of Popery in England is notorious to all mankind that have either read or heard that Tryal Your Lordship was of Council for the King in that case and heard how it was opened and plainly proved upon him And when his Letters have been made so publick and proved under his own hand nay and confessed by himself I think no man will doubt but that must be a plain proof of the
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
upon very hard Service to ride Post to London and back again in Twenty four Hours for no other Reason but only to commit a Treason that none ever found out but Mr. Oats And I am sure if he did he took a great deal of pains to a very little purpose Gentlemen I have taken up much of your Time and detain'd you the longer in this matter because I cannot but say with grief of Heart Our Nation was too long befotted and of Innocent Blood there has been too too much spilt 'T is high time to have some Account of it 'T is a Mercy we ought to bless Almighty God for that we are prevented from spilling more Innocent Blood God be blessed our Eyes are opened and let us have a Care for the future that we be not so suddenly imposed upon by such Prejudices and Jealousies as we have reason to fear such Villains have too much fill'd our Heads with of late Gentlemen 'T is incumbent upon you to Try according to the Evidence that has been given whether the Defendant be Guilty or Not Guilty And 't is incumbent upon us that sit here as Judges to see the Law executed as we will answer it at the Tribunal of the Great Judge of Heaven and Earth before whom we must appear and receive our Tryals at the Great Day And God forbid but we should use our utmost Endeavours to inflict the greatest Vengeance that the Justice of the Nation can permit us to inflict upon such Villains as these are that have contracted so much Mischief and Reproach upon us and so much Guilt upon themselves Gentlemen I am sorry I say I have kept you so long 'T is a Case of such Importance that I could not but say what I have done in it There may be other Circumstances arising from the Evidence which I may have omitted but were very largely and fully spoken to by Mr. Soliciter Whatsoever has been forgotten by him or by me I am sure will be sufficiently supplyed by your own Observations For I know you to be Gentlemen of great Knowledge and Experience in Matters of this Nature Then the Jury withdrew to Consider of their Verdict and after half an Hours Recess return'd to the Bar and answering to their Names deliver'd in their Verdict That the Defendant was guilty of the Perjury whereof be stood Indicted Which being Recorded the Lord Chief Justice spoke to the Gentlemen of the Jury to this Effect Lord Ch. Just Look ye Gentlemen because there has been some Notice taken to Day as there was Yesterday concerning the Opinions of Judges about Verdicts that have been given I would say a Word or two to you Not that I much admire the doing of it at any time nor would I do it now for your sakes because I am sure you act according to your Consciences and affect not Commendation But because it may be necessary for the Satisfaction of some People that they should know our Opinions also in this Matter I must tell you You have given a Verdict that becomes your Honesty Integrity and Loyalty And I declare in the Presence of Almighty God the Searcher of Hearts That had I been of the Jury I must have given the same Verdict Gentlemen 'T is an Honost and Just Verdict that you have given and by it you have Gontributed as much as in you lies to vindicate the Nation from the Infamy it has so long lain under Mr. Just Withins For my part I think if you had given any other Verdict you had found against plain Demonstration the Evidence was so full and clear Mr. Just Hollaway The Court is very well satisfied with the Verdict and you have acquitted your selves like Worthy Honest Gentlemen Mr. Just Walcot There is nothing can be said to the Verdict but that it is a just Verdict and according to the Evidence And then the Court Arose Die Lunae 11 Maij 1685. Banco Regis Dominus Rex versus Oats THIS Day Mr. Wallop moved That in regard the Court were pleased to give the Defendant time till Saturday next to move in Arrest of Judgment upon the Conviction on Fryday last they would please to give to the same Day to move in Arrest of Judgment upon the Conviction on Saturday which the Court granted But afterwards upon the Motion of Mr. Attorney General they order'd That a Note of the Exceptions to both Indictments should be sent to the King's Councel some Days before Saturday Die Sabbati 26 Maij. Banco Regis Dominus Rex versus Oats THIS Day being appointed for the Defendant to move what he could in Arrest of Judgment upon the Two Couvictions of Perjury he was brought by Rule from the Prison to the King 's Bench-Court Lord Ch. Just Mr. Attorney General Have you any thing to move Mr. Att. Gen. My Lord I pray your Judgment upon Oats who is Convicted upon Two Indictments for Two notorious Perjuries Lord Ch. Just Who is Councel for Oats Mr. Att. Gen. Mr. Wallop moved for him Lord Ch. Just What is it that Mr. Wallop has to say Oats My Lord I desire I may speak one word It was Thursday-Night before my Attorney could make an end of Examining the Records Sir Samuel Astry knows it very well Then I sent the Rule to those Gentlemen that were assign'd to be my Councel and the Exceptions were delivered in but Yesterday I pray I may have a Day or two more that my Councel may be prepared to argue for me Lord Ch. Just We cannot do that We gave you beyond the ordinary Rules in extending it till to Day Mr. Att. Gen. My Lord He talks of Examining the Records He had Copies of them all this long Vacation Oats My Lord My Actorney will be ready to make Oath that he finished the Examining but on Thursday Night Lord Ch. Just We do all know they were pleaded to the last Term and you have had all this Vacation to consider of them And we have indulg'd you beyond the ordinary Time Oats My Lord I desire but a Day or two more Lord Ch. Just No we cannot do it We have done more already than we ordinarily do Persons that are Convicted use to have but Four Days allowed them to move in Arrest of Judgment but you instead of having but Four Days have had Eight Oats If your Lordship pleases to give me time till Monday Lord Ch. Just I tell you We cannot do it If Mr. Wallop have any thing to say for you we 'll hear him Mr. Wallop I have nothing to say Mr. Att. Gen. Here are Four Exceptions delivered to me last Night as made by Mr. Wallop Lord Ch. Just But he says He has nothing to say We know not whose these Exceptions are Oats I do deliver in thove Exceptions my Lord Pray let them be read Lord Ch. Just Read them Sir Samuel Astry Cl. of Cr. Reads Dominus Rex versus Oats The Defendant's Exceptions I. That a Witness Sworn in the behalf of the King