received so much Credit and Approbation so long ago by the good opinion that all forts of men had of it at that time And Now to question this he would have thought to be a casting a Blot upon the Wisdom of the Nation and an arraigning the Justice of it when if the thing be duly considered the not punishing this hainous offence with the utmost severity that the Law will allow of now that these Circumstances appear to make it plain and evident would be a greater piece of Injustice and Reproach rather to our Nation than any ways a Reflection on the Justice of it Gentlemen when we consider the Circumstances of this Case now I do verily think it will appear to be a very strange and wonderful thing to us that ever any man should have believed him And it is a strange Consideration to reflect upon to think what Credit he had at that time But withal consider Gentlemen could any one imagine that it were possible for any man on Earth to become so impudent as to dare to expose himself before the High Court of Parliament the great Courts of Justice and there tell a most Infamous Lye for the taking away the Lives of men the greatness of the Attempt was a great inducement to the belief of it because no man could be presumed to dare the doing of such a thing if he had not a Foundation of truth to build upon And when he had thus made his discovery and that of such a nature too a most horrid bloody and traiterous Conspiracy to murder the King to overturn the Government to massacre all the Protestants in the Kingdom and to deface the very name of the Protestant Religion What was more natural than that the Parliament should take all imaginable care to prevent the accomplishment of so great a mischief And consider too how much easier it was for him to relate his Evidence in a continued Story than afterwards it was to maintain it when it came to be examined and opposed by them that were accused who best knew wherein and by what means to prove him false Gentlemen the Care the Parliament took to disappoint any designs of this nature and the means they used for the security of the King and Kingdom and the Preservation of our Religion and Lives which I cannot but observe was praevious to the Trial of any one Offender that was tryed and convicted upon this Evidence must needs put the whole Nation under great apprechensions of danger and make the way much easier for him to be believed as by sad experience we found it did Under these circumstances came those men to be tryed with this further as we cannot now but think that there were ill men at work that laboured to improve those fears and Jealousies that had already possest mens minds the wonder then will be the less if men under such disadvantages tryed by men under those fears and apprehensions had the ill Fortune to be convicted But when men had a little overcome their fears and began to consider his Evidence more calmly the scene was changed Oates lost his Credit and the men were all acquitted Nor is this Prosecution any reflection on the Protestant Religion whose cause he falsty assumes to himself No Gentlemen the Protestant Religion had no share in that invention It needs not the support of a Lye no not the most plausible Lye much less of one so Infamous as this does now appear to be It is rather a Vindication of our Religion to punish such Offenders as they deserve and the proper way to maintain the Justice of the Nation and wipe off that reproach this mans Perjury has brought upon it L. C. Justice Then Gentlemen of the Jury the Evidence has been very long and it cannot be expected after so much time has been spent in this Cause and such a difference of testimony and especially considering that the testimony has met with frequent interruptions and I may say some part of it delivered in great Confusion it cannot be thought or imagined I say that I should be able to remind you of the several particulars that concern this Case and may be necessary to be observed about it But Gentlemen I am sure by the Knowledge I have of the most of you you are persons of great Understanding so that what may be omitted by me I question not but your own abilities will supply I confess I am much shortned in my Labour by the pains that Mr. Sollicitor has taken to summ up the Evidence to you and without all doubt has done it with all Faithfulness to his Master and with great Right to himself I could not hear much of what he did say but you who were nearer and did hear all which I could not do your Judgments will direct you to lay that weight upon it which it deserves and which the Law will allow for Gentlemen I am bound to tell you that you are to lay no weight upon any Allegations on the one side or on the other or what is observed to you by the Court further than is supported by the Testimony that has been offered Now Gentlemen I think it not amiss for me before such time as I enter upon the Consideration of the particulars and reminding you what I take to be Evidence in this case and what not to clear one point that this person Oates the Defendant against whom this Indictment of Perjury is brought has endeavoured to insinuate on purpose to gain himself a Reputation which if he could acquire this way would add a greater Reproach to the Justice of the Nation than it has contracted already by giving too much Credit to such Profligate Wretches as have too lately appeared among us The Objection he makes and insists so much upon says he I was believed very much before I can produce you the opinions of the Judges that declared themselves very well satisfied with my Evidence and the Verdicts of Juries two or three that convicted men upon my Testimony and rot only that but here were likewise three or four Parliaments that did not only believe that Testimony or rather Narrative for I cannot call that Testimony which was given before the House of Commons that I gave but did declare their Satisfaction of the Truth of what I said which Satisfaction and Belief of theirs did produce thanks from both Houses to me for giving this Testimony But all this while what Mr. Sollicitor said upon this point is a plain and a full answer to it If in case upon a suddain information the King the Parliament the Courts of Law and Juries were surprized into this Belief as not imagining there could be a pack of such Villains that could be wound up to that height as these Fellows have been that there could be such an horrid Imposture as this Fellow that should make such attempts unless there had been some truth in it Therefore the surprise of the thing at that time
our said Lord the King and the Body of the City aforesaid upon their Oaths present that at the Session of our Soveraign Lord the King holden for the County of Middlesex at Hick's Hall in St. John's Street in the County aforesaid on Monday to wit 16 Deaem in the year of the Raign of our late Soveraign Lord Charles the Second of England Scotland France and Ireland King Defender of the Faith c. the thirtieth before Sir Reginald Forster Baronet Sir Philip Matthews Baronet Sir William Bowls Knight Sir Charles Pitfield Knight Thomas Robinson Humphrey Wyrley Thomas Hariott and William Hempson Esquires Justices of the said Soveraign Lord the King to enquire by the Oath of Honest and Lawful Men of the County of Middlesex aforesaid and by other Ways manners means by which they might better know as well within Liberties as without by whom the Truth of the matter may be better known and enquired of whatsoever Treasons Misprisions of Treasons Insurrections Rebellions Counterfeitings Clippings washings and false makings of the Money of this Kingdom of England and of other Kingdoms and Dominions whatsoever and of whatsoever Murders Felonies Man-slaughters Killings Burglaries and other Articles and Offences in the Letters Pattents of our said Soveraign Lord the King to them or any four or more of them therefore directed specified as also the Accessaries of the same within the County aforesaid as well within Liberties as without by whomsoever howsoever had made done or committed and the said Treasons and other the Premises to hear and determine according to the Law and Custom of this Kingdom of England being assigned by the Oath of Ralph Wain John Vaughan Richard Foster Thomas Paget Robert Newington Henry Tompkins Robert Hays John Greenwood Peter Stimpson Josias Crosley Richard Richman Augustine Bear John King Nathaniel Brett Francis Fisher and Samuel Linn Honest and Lawful Men of the County aforesaid sworn and charged to enquire for our said Soveraign Lord the King and the Body of the County aforesaid upon their Oaths It was presented that Thomas White otherwise Whitebread late of the Parish of St. Giles in the Fields in the County of Middlesex Clerk William Ireland late of the Parish aforesaid in the County aforesaid Clerk John Fenwick late of the Parish aforesaid in the County aforesaid Clerk Thomas Pickering of the Parish aforesaid in the County aforesaid Clerk John Grove of the Parish aforesaid in the County aforesaid Gent. as false Traitors against the most Illustrious Serene and most excellent Prince our said late Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Their Supreme and Natural Lord not having the Fear of God in their Hearts nor weighing the Duty of their Allegiance but being moved and seduced by the Instigation of the Devil The Cordial Love and True and Natural Obedience which faithful Subjects of our said Soveraign Lord the King towards him should and of right ought to bear utterly withdrawing and contriving and with all their Might intending the Peace and Tranquility of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England used and by Law established to subvert and Rebellion within this Kingdom of England to move stir up and procure and the Cordial Love and true and due Obedience which Faithful Subjects of our said Lord the King towards him the said Soveraign Lord the King should and of right ought to bear utterly to withdraw put out and extinguish and our said Soveraign Lord the King to Death and final Destruction to bring and put the four and twentieth day of April in the year of the Reign of our late Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the thirtieth at the Parish of St. Giles in the Fields in the County aforesaid falsly maliciously subtilely advisedly and trayterously did purpose compass Imagine and Intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable Slaughter among the Subjects of our said Lord the King to procure and cause and our said late Lord the King from the Regal State Title Power and Government of his Kingdom of Enggland utterly to deprive depose cast down and dis-inherit and him our said late Soveraign Lord the King to Death and final Destruction to bring and put and the Government of the said Kingdom and the sincere Religion of God rightly by the Laws of the said Kingdom established at their Will and Pleasure to change and alter and the State of this whole Kingom of England throughout all its parts well instituted and ordain'd wholly to subvert and destroy and war against our said late Soveraign Lord the King within this Kingdom of England to levy and those their most wicked Treasons and Traiterous Imaginations and Purposes aforesaid to fullfil and perfect They the aforesaid Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove other false Traytors to the Jurors not known the said four and twentieth day of April in the year of the Reign of our said late Soveraign Lord the King the Thirtieth with Force and Arms c. at the Parish of St. Giles in the Fields in the County of Middlesex aforesaid falsly maliciously subtilely advisedly Devilishly and Traiterously did assemble themselves unite and meet together and then and there falsly maliciously subtilely advisedly devilishly and Trayterously did consult and agree our said late Soveraign Lord the King to Death and final Destruction to bring and put and the Religion within this Kingdom of England rightly and by the Laws of the same Kingdom established to the Superstition of the Romish Church to change and alter and the sooner to fulfil and perfect their said most wicked Treasons and Traiterous Imaginations and purposes they the said Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traytors of our said late Soveraign Lord the King to the Jurors unknown afterwards to wit the same 24th day of April in the said 30th year of our said late Soverain Lord the King at the said aforesaid Parish of St. Giles in the Fields in the County aforesaid falsly subtilely advisedly devilishly and Trayterously among themselves did conclude and agree that they the aforesaid Thomas Pickering John Grove him the said late Soveraign Lord the King should kill and murder and that they the said Thomas White alias Whitebread William Ireland John Fenwick and other false Traytors to the Jurors unknown A certain number of Masses between them then and there agreed for the Health of the Soul of him the said Thomas Pickering therefore should say Celebrate and perform and therefore should pay unto the said John Grove a certain Sum of Money between them then and there agreed and the Jurors aforesaid upon their Oath aforesaid did
further present that the said Thomas Pickering and John Grove upon the agreement aforesaid then and there falsly subtilely advisedly Maliciously devilishy and Trayterously did take upon them and did promise to the said Thomas White alias Whitebread William Ireland John Fenwick and other false Traytors of our late said Soveraign Lord the King to the Jurors aforesaid unknown then and there falsly subtilely advisedly maliciously devilishy and Trayterously did promise that they the said Thomas Pickering and John Grove would kill and murder our said late Soveraign Lord the King and they the said Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Traytors of oursaid late Soveraign Lord the King afterwards to wit the said four and twentieth day of April in the thirtieth year aforesaid at the said aforesaid Parish of St. Giles in the Fields in the County of Middlesex aforesaid subtilely advisedly maliciously devilishly and Trayterously did severally every one of them give their Faith each to the other and upon the Sacrament then and there trayterously did swear and promise to conceal and not to divulge their said most wicked Treasons and Trayterous Compassings Consultations and Purposes so between them had him our said late Soveraign Lord the King Trayterously to kill and murder and the Romish Religion in this Kingdom of England to be used to introduce and the true Reformed Religion in this Kingdom of England rightly and by the Laws of the same Kingdom established to alter and change and that the said aforesaid Thomas Pickering and John Grove in Execution of their Traiterous Agreement aforesaid afterwards to wit the same Four and Twentieth day of April in the Thirtieth year aforesaid and divers other days and times after at the said aforesaid Parish of St. Giles in the Fields in the County aforesaid Muskets Pistols Swords Daggers and other offensive and cruel Weapons him the our said late Soveraign Lord the King to kill and murder falsly subtilely advisedly maliciously and Trayterously did prepare and obtain for themselves had and kept and that they the aforesaid Thomas Pickering and John Grove afterwards to wit the said Four and Twentieth Day of April in the Thirtieth year aforesaid and divers days and times afterwards with Force and Arms c. at the Parish aforesaid in the County aforesaid and in other places within the County of Middlesex aforesaid falsly subtilely advisedly maliciously devilishly and Trayterously did lie in wait and indeavour our said late Soveraign Lord the King to murder and that the said Thomas White alias Whitebread William Ireland John Fenwick and other false Traitors to the Jurors unknown afterwards to wit the same Four and Twentieth day of April in the Thirtieth year aforesaid at the Parish aforesaid in the County of Middlesex aforesaid falsly subtilely advisedly maliciously devilishly and Trayterously did prepare perswade excite abett comfort and counsel Four other Persons Men to the Jurors unknown and Subjects of our said late Soveraign Lord the King him our said late Soveraign Lord the King Trayterously to kill and murder against the Duty of their Allegiance against the Peace of our said late Soveraign Lord the King his Crown and Dignity and against the Form of the Statute in that Case made and provided and thereupon it was so far proceeded that afterwards to wit at the Court of Goal-delivery of our Soveraign Lord the King of Newgate at Justice Hall in the Old Baily in the Suburbs of the City of London in the Parish of St. Sepulchre in the Ward of Farington without London aforesaid the seventeenth day of December in the Thirtieth year aforesaid before the Justices of our said Lord the King then and there being present held by adjourment for the County of Middlesex aforesaid before whom the Indictment aforesaid was then depending came the aforesaid William Ireland Thomas Pickering and John Grove under the Custody of Sir Richard How Knight Sir John Chapman Knight Sheriffs of the County of Middlesex aforesaid into whose Custody for the Cause aforesaid before that were committed being there brought to the Bar in their proper Persons and immediately being severally spoken unto concerning the Premisses above charged upon them how they would acquit themselves thereof the aforesaid William Ireland Thomas Pickering and John Grove did say that they were not thereof guilty and for the same for good and bad they severally put themselves upon the Country and by a certain Jury of the Country on that behalf in due manner Impaneld sworn and charged then and there in the same Court before the Justices of Goal delivery aforesaid were tryed and that upon that Tryal between our said late Soveraign Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove at London aforesaid to wit at Justice Hall in the Old Baily aforesaid in the Parish and Ward aforesaid the Defendant Titus Oates by the name of Titus Oates late of the Parish of St. Sepulchre aforesaid in the Ward aforesaid Clerk was a Witness produced on the Behalf of our late Soveraign Lord the King upon the Tryal aforesaid and before the aforesaid Justices of Goal-delivery in the Court aforesaid then and there held upon the Holy Evangelists of God to speak and testifie the Truth the whole Truth and nothing but the Truth of and in the Premisses between our said late Soveraign Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove put in Issue was duely sworn and that he the aforesaid Titus Oates then and there in the Court of Goal delivery aforesaid upon his Oath aforesaid upon the Indictment aforesaid at the Parish and Ward aforesaid by his own proper act and consent of his most wicked Mind falsly voluntarily and corruptly did say depose swear and to the Jurors of the Jury aforesaid then and there sworn and Impanel'd to try the Issue aforesaid between our said late Soveraign Lord the King and the aforesaid William Ireland Thomas Pickering and John Grove did give in Evidence that there was a Trayterous Consult of Jesuits that were assembled at a certain Tavern called the White Horse Tavern in the Strand in the White Horse-Tavern in the Strand in the County of Midd. aforesaid meaning upon the Four and Twentieth day of April in the Year of our Lord 1678. At which Consult Whitebread Fenwick Ireland the aforesaid Thomas White alias Whitebread John Fenwick and William Ireland meaning and he the said Titus Oates were present and that the Jesuites aforesaid did separate themselves into several lesser Companies and that the Jesuites aforesaid came to a resolution to murder the said our late Lord the King and that he the said Titus Oates did carry the Resolution aforesaid from Chamber to Chamber and did see that Resolution signed by them the aforesaid Jesuites meaning whereas in truth and in deed the aforesaid Titus Oates was not present at any Consult of the Jesuites at the White Horse-Tavern aforesaid in the Strand in
that ever did appear upon the Stage either in this Kingdom or in any other Nation Mr. Sollic Gen. We will now go on with our Evidence and prove all the parts of the Indictment and first produce the Record of the Tryal of Ireland and then by Witnesses Viva voce that were present at that Tryal we shall prove what he swore and then prove that Oath of his to be false swear Mr. Swift which was done where is the Record of Ireland's Tryal Mr. Swift Here it is my Lord. Mr. Recorder Is that a true Copy Sir Mr. Swift Yes I examined this from the Record it is a true Copy L. C. J. Read it Mr. Att. Gen. If Dr. Oates does desire the whole may be read let it be so otherwise a Word of it may serve it being only an Inducement Oates Yes I desire it may be all read L. C. J. It must be read if he will have it Mr. Att. Gen. Well I submit it I did only offer it to save the time of the Court. Oates I would save the time of the Court too all that I can but I think it may be material for me to have the whole read L. C. J. In God's name let it be read we will not hinder you in any thing that may be for your defence Cl. Cr. Memorandum quod Mr. Att. Gen. Now this long Record in Latine is read I would fain know whether it be to any great purpose but only to spend time L. C. J. Nay I think it has not been very edifying to a great many do you think Mr. Oates that the Jury who are Judges of this Fact do understand it Oates I cannot tell may be they may my Lord. Mr. Jus Withens Do you understand it your self Mr. Oates Oates That 's not any Question here but to oblige the Court and the Jury I desire it may be read in English too L. C. J. No the Court understands it well enough and they can tell the Jury what it is it is only the Copy of a Record to prove that Ireland was tryed for High Treason at the Old Baily the 17th of Dec. 1678 Mr. Soll. Gen. Now my Lord we will call our Witnesses to swear what Oates did at that Tryal swear Pray swear Mr. Foster which was done Mr. Att. Gen. Pray Mr. Foster will you acquaint the Court and the Jury whether Dr. Oates was produced as a Witness at Ireland's Tryal and what he did there depose about a Consult in April 78. Mr. Foster My Lord I was so unhappy as to be one of that Jury by whom Mr. Ireland Mr. Pickering and Mr. Groves was tryed Jury Men. My Lord we desire that Mr. Foster would lift up his Voice for we cannot hear him Mr. Foster Truly my Lord I have been very sick of late and am not now very well and therefore cannot speak louder than I do L. C. J. Go nearer the Jury and speak as loud as you can Mr. Foster My Lord I say I did see Mr. Oates produced as an Evidence at the Sessions in the Old Bayly where I was so unhappy as to be a Jury Man when Mr. Pickering Mr. Ireland Mr. Grove and Mr. Whitebread were tryed Mr. Att. Gen. When was that Mr. Foster It was in December 78. Mr. Att. Gen. And what did Oates then swear Mr. Foster I did see Mr. Oates sworn as an Evidence there in behalf of the King against the Prisoners and he did then swear that there was a meeting of several Jesuites at the White Horse Tavern in the Strand upon the 24th of April 78. and that Mr. Whitebroad Mr. Ireland and Mr. Fenwick were present at the Meeting and there they did consult the Death of the King and the altering of the Religion and some went away and others came at last they reduced themselves into several smaller Companies or Clubs and they came to a resolution that Pickering and Grove should go on to assassinate the King for which the one was to have 1500 Pound and the other 30000 Masses and that this Resolution was drawn up by one Mico if I am not mistaken in his name I have it in my Notes I then took of the Evidence and he swore further that he himself went with this Resolution to several of their Chambers he went to Whitebread's Chamber and saw Whitebread sign it he went to Fenwicks Chamber and saw Fenwick sign it and went to Irelands Chamber and saw Ireland sign it and this was upon the 24th of April 78. My Lord I am positive in this for I had the good hap to take the Notes at the Tryal for my own help being a Jury-Man and I never look't upon those Notes afterwards till the printed Tryal came out and then I compared my Notes with the Print and found them to agree and I have kept them ever since by me and this is all under my own hand as I have testifyed Oates My Lord may I ask this Gentleman a Question L. C. J. Ay if the Kings Councel have done with him Mr. Att. Gen. Yes my Lord we have done with him Mr. Foster Pray my Lord give me leave to sit down for I am not able to stand Oates My Lord I desire you to ask that Gentleman whether in the Oath that I took I call'd it a Consult or I call'd it a Traiterous Consult Mr. Foster Truly I think you call'd it both if I am not mistaken but if your Lordship please I will look upon my Notes L. C. J. You may look upon your Notes to refresh your Memory if you will Mr. Just Withens Truly I think if it were a Consult to murder the King it must be a traiterous one without doubt Oates Sir that is not to the Purpose my Question is what I swore it was L. C. J. He tells you he beleives you did swear both ways Mr. Foster At that Consult he said such a Resolution was taken and I think he called it a Traiterous Consult Oates If you please I 'le tell your Lordship the Reason why I asked that Question L. C. J. No you may save your self the trouble of that you best know the reason of your own Questions he has given you a satisfactory answer Oates Then if your Lordship please ask him this Question whether I swore that all these 3 Jesuites were present at one time or how many of them L. C. J. You hear the Question what say you to it Mr. Foster Sir you swore that Ireland Fenwick and Whitebread were at that Consult but whether they were all three of them there at one time I cannot tell or which of them were together but this you did swear that they were there and came to such a resolution and you carryed it to all their Chambers and did see them sign it Mr. Just Withens He gives you a plain account what you did swear I think Mr. Oates Oates Very well my Lord I would ask him a third Question if you please L. C. J. Ay in God's Name ask
half so hard upon them as you do upon my Witnesses what does it signifie my Lord whether the Wigg were long or short black or brown L. C. J. We have no other way to detect Perjuries but by these Circumstances and 't is the duty of a Judge to enquire into all Particulars as in a Controversie about words were they spoken in Latin or in English and so to all places and postures of sitting riding or the like as you know the Perjury of the Elders in the case of Susanna was by their different Testimony in particular Circumstances discovered Oates My Lord I will ask her but one short question by the Oath you have taken Mrs. Mayo to speak the Truth the whole Truth and nothing but the Truth as you expect the face of God with comfort in another World did you see me at Sir Richard Barkers at any time in May 78. the May before the Plot was discovered for that is the main question Mrs. Mayo Yes I did and I speak nothing here but what I speak as in the presence of the Lord. L. C. J. Prithee Woman dost thou think we ask thee any thing that we think thou dost not speak in the presence of the Lord we are all of us in the presence of the Lord always Mrs. Mayo And shall answer before him for all that we have done and said all of us the proudest and the greatest here L. C. J. But I would not have so much to answer for as thou hast in this business for all the World Mr. Soll. Gen. Well we have done with her now she may go away L. C. J. Where does she live now Cryer Mrs. Mayo where do you live now Mrs. Mayo In Leaden-hall-street my Lord. L. C. J. When did you see Sir Richard Barker's Daughter Mrs. Mayo About a Fortnight ago L. C. J. Where Mrs. Mayo In Barbican in London L. C. J. Do you live with Sir Richard Barker now Mrs. Mayo I do not live with him now L. C. J. Did his Daughter use to be at the Table at dinner Mrs. Mayo She was often in the Country my Lord. L. C. J. Did she eat at his Table at that time when Oates was there Mrs. Mayo I am not able to say whether she did or not she used to be in Wales at Sir Thomas Middleton's sometimes and with Madam Thurrell her Aunt who was her Mothers Sister and her two Daughters L. C. J. In Wales dost thou say where Mrs. Mayo My Lord in your own Country at one Doctor Cockets I know your Lordship though your Lordship does not know me L. C. J. I am very glad of it good Woman but prithee did ever Sir Richard Barker dine with Mr. Oates Mrs. Mayo I cannot say he did he went to and fro L. C. J. Well have you any more Witnesses Oates Cryer call Philip Page Cryer Here he is Sir Oates Pray swear him which was done pray be pleased to give my Lord and the Jury the best account you can of my being in Town But Mr. Page the question that I first ask you is whether I was here in April or May and in what year it was that you did see me at your Masters House L. C. J. When did you see Mr. Oates at your Master's House you mean Sir Richard Barker to be his Master I suppose Oates Yes my Lord. L. C. J. What do you say to it Page Truly I cannot be positive to the year but to the best of my remembrance it was 78. Oates Pray tell my Lord and the Jury some Circumstances in that year that did happen to you that makes you believe it was 78. Page Sir I 'le give you the best satisfaction I can to the best of my knowledge he came to Sir Richard Barker's one evening and there he enquired for Doctor Tongue he was in a disguise in a light coloured Coat something like to Frize but it was not Frize the term that they give it I cannot so readily tell he had his hair cut short almost to his ears and he had a broad-brim'd Hat on and a small stick in his hand walking melancholly about the Hall I happening to be the first body he met with as I suppose he asked me if Doctor Tongue was within I told him no I had not seen him of a considerable time he then asked me where Sir Richard Barker was I told him he was ill now at Putney says he when will he be here I told him I could not tell L. C. J. Did he see any body there but you Page That I cannot tell my Lord not that I know of L. C. J. What time of the year was it Mr. Att. Gen. And what Month Page What year and what month it was I am not able to say my Lord. L. C. J. What became of him after that Page He went out of our Gates then Sir he was walking up and down melancholy and not finding any one as I suppose to answer him he continued walking in the Patients Hall where they used to wait on Sir Richard Barker that came to discourse with him about Physick and upon my answer to his question he went away L. C. J. Did you ever see him any other time near to that time Page No I did not L. C. J. Did you use to wait on Table Page No I did not L. C. J. What Service were you then engaged in at Sir Richard Barker's Page I made up the Physick my Lord. L. C. J. Did you not acquaint the Coach-man nor Mrs. Mayo nor Sir Richard Barker with it Page I think Sir Richard Barker was in Town soon after and I did acquaint him with it Oates But can't you tell what time this is Sir Page I can say no other than I have said I believe it was in 78. L. C. J. Was this in June July or May or when Page I cannot say punctually what month it was my Lord but to the best of my knowledge and remembrance it was in the beginning of May. Oates Had not your Master a Patient at Islington at that time that was sick of a Feaver Page Yes he had Mr. J. Withens Why would Mr. Oates have given the Patient Physick Page No my Lord but 't was about that time that the Patient was under my Master's Cure Oates Indeed the St. Omers men do swear thorough stitch but my honest Witnesses are cautious it being so long ago and he that is a Minister of the Church of England as they say speaks to a very day upon a much slighter Circumstance pray call Mr. William Walker Cryer Here he is Oates Swear him which was done be pleased Walker to give my Lord to understand when 't was you saw me here in London in disguise and when it was you swore six years agone at the Old-Bayly that you saw me here in London Sir the time in Controversie is this I came here to discover a Plot of the Papists against the Kings Life and the Religion and I swore
this Evidence that I have open'd and then I hope we shall satisfie the Jury and all that hear this Tryal that he is one of the most notorious Villains that liv'd upon the Earth to be sure that ever was known in this Kingdom Mr. Soll. Gen. First my Lord wee 'l produce our Records where is the Record of Sir George Wakeman Mr. Swift This is the Record of Sir George Wakeman and this is a true Copy I examin'd it Mr. Soll. Gen. Pray Sir Samuel Astry read a word or two of it C. Crown Here is an Indictment against Sir George Wakeman for High Treason he pleaded not Guilty and here is an Acquittal by the Jury Mr. Att. Gen. He being acquitted I desire he may be sworn which was done Mr. Soll. Gen. Pray Sir George Wakeman was Mr. Oates sworn against you at the Tryal S. G. Wakeman Yes Mr. Sollicitor he was Mr. Soll. Gen. Do you remember what he swore against you at that Tryal S. G. Wakeman Yes I do Sir Mr. Soll. Gen. Was that true that he swore by the Oath you have taken Oates Is that a fair question I desire the opinion of the Court. L. C. J. Ah! Why not Oates He was legally accus'd he cannot swear himself off L.C. J. But he is legally acquitted to we have a Record for that here Oates Ah! My Lord he was acquitted it 's well known how Mr. Soll. Gen. Come Sir was that he swore against you at your Trial true Sir G. Wakeman 'T was false L. C. J. What do you say Sir Sir G. Wakeman 'T was false upon my Oath my Lord. Mr. Soll. Gen. What particulars did he swear against you Mr. Pollexfen Ah! Pray tell the particulars as near as you can what he swore against you Sir G. Wakeman My Lord if your Lordship please I will give a little account what he swore against me before the King and Council Mr. Soll. Gen. That will not do Sir George Wakeman we do not ask you that L. C. J. No it must be only the Evidence that was given upon this Acquittal which is the Record here produc'd before us what did he swear against you then Sir G. Wakeman He swore at that Trial as near as I can remember that I undertook for a certain Summ of Money 15000 l. as I think it was to poyson the King and I was to do it by the means of the Queen I was to provide this Poyson by for her and she was to give it to the King This he swore at my Trial which God forbid it should be true nothing can be more false L. C. J. I ask you by the Oath you have taken you are now quitted and so in no danger and being upon your Oath ought to speak the truth without malice or ill will to him that did accuse you was that he swore true or false Sir G. Wakeman False false upon my Oath I speak it without any malice against the Man in the World Mr. Att. Gen. Then swear my Lord Castlemain which was done Sir G. Wakeman My Lord I 'le be bound to make it appear that all he swore against me was false Mr. Att. Gen. And so was it he swore against my Lord Castlemain and others that were acquitted at the same time with Sir George Wakeman Mr. Soll. Gen. First read the Record of my Lord Castlemain's Acquittal C. Crown Here is the very Record it self It was in this Court my Lord Castlemain was Indicted of High Treason and Tried and Acquitted Mr. Att. Gen. My Lord Castlemain pray what did Oates swear against you at your Trial and pray tell the Court whether that was true or false E. of Castlemain My Lord as near as I remember Mr. Oates did swear at my Trial that he met me in Lincolns-Inn-fields and that he went with me somewhere to Mr. Fenwicks Chamber in Dukes-street in Covent-garden where he said I did talk a great deal of Treason and a great discourse of that kind he said there was and he swore that I was in several Cabals in relation to the Kings death I was afterwards acquitted by the Jury that Tri'd me as appears by the Record and here I do declare as in the presence of God and with all the Imprecations of divine vengeance to fall upon me if I speak any thing but the truth that not only that which he swore was false but that I never had any thoughts in my heart much less did ever declare in my words of any injury or hurt against the late King And besides that I never saw the face of Oates in my life till after I was put in Prison upon his accusation of me Oates My Lord I desire to know what Religion that Noble Lord is of E. of Castlemain I am a Roman Catholick my Lord. L. C. J. We all know what Religion my Lord is of you need not ask that question Oates That 's not the point my Lord I must have declar'd in Evidence L. C. J. I wonder to see any Man that has the face of a Man carry it at this rate when he hears such an Evidence brought in against him Oates I wonder that Mr. Attorney will offer to bring this Evidence Men that must have malice against me L. C. J. Hold your Tongue you are a shame to Mankind Oates No my Lord I am neither a shame to my self or Mankind what I have sworn is true and I will stand by it to my last breath and seal it if occasion be with my Blood L. C. J. 'T were pitty but that it were to be done by thy Blood Oates Ah! Ah! my Lord I know why all this is and so may the World very easily too L. C. J. Such impudence and impiety was never known in any Christian Nation Oates But this will not do the work to make the Plot to be disbelieved things are not to be done by great noises I will stand by the truth L. C. J. Can you think to out-face such Evidence as this with your Impudence Oates But I hope you 'l give me leave to make my defence L. C. J. Then carry your self as becomes you in the Court. Oates My Lord I will do so L. C. J. If you do not we know how to make you do it you shall not think to Domineer here Oates My Lord I hope I do behave my self as I ought L. C. J. No You do not Oates Ill Language may provoke any Mans Passion my Lord. L. C. J. Keep your self within bounds and you shall be heard but we 'll suffer none of your Extravagancies Oates My Lord If I had been aware of this I could have produc'd Evidence that would have supported my Testimony in these matters L. C. J. Go on with your Proofs Mr. Attorney Mr. Attorney We will do so my Lord. E. of Castlemain Have you done with me Sir L. C. J. Have you any other questions to ask my Lord Castlemain Mr. Att. Gen. No my Lord. L. C. J. Then your Lordship may fit down
they did bring which were about fifteen or sixteen were not sufficient to countervan the Testimony that Oates gave of his being here in Town and thereupon they were convicted condemned and afterwards I am sorry to say it executed This is the Objection he makes but at the same time I must repeat what I said before when such a dismal Story as this was told when he had the Confidence to relate it before in the Houses of Parliament and there obtained Credit no wonder if in that hurry all of that perswasson were look'd upon with an Evil Eye and the conviction of those that were at that time accused were too easie We must remember the apprehansions some were under of our Religion being to be subverted our Government to be destroyed our King to be murdered our Throats to be cut by the Papists to that height that this very Fellow Oates was so much credited that all other people almost were below him and greater Respect shown to him than to the Branches of the Royal Family Nay it was come to that degree of Folly to give it no worse name that in publick societies to the Reproach and Infamy of them be it spoken this profligate Villain was caressed was drunk to and saluted by the Name of the Saviom of the Nation O prodigious madness that such a Title as that was should ever be given to such a Prostitute Monster of Impiety as this is Good God whither were we running when many easse people were so strangely wrought upon by this Impostor and when the Vislainous and black designs of some Evil Instruments amongst us could prevail so far as to deceive almost a whole Nation into the Belief of so horrid a Falshood even at the same time that a hidden Treason too deeply contriv'd was carryed on amongst us but God be thanked was not too lately discovered The Conspirators had a fair Game of it whilst this Fellow was believed and they needed no other means to accomplish their Design But when he was found false and the pretended Plot had lost its Credit in the World what is their next step why then they enter into that Black and Bloudy Conspiracy from which it hath pleased God lately to deliver us I speak this the rather because I know there are in my Eye several persons whose fears of Popery made them give Credit to such Villains as these before But when it pleased God to open their Eyes and the false mist vanisht they found a Real Conspiracy against the Persons of that Blessed King lately dead and of our Gracious Sovereign now Living carried on under the pretence of that false but so much credited discovery and now God be thanked all our Eyes are open And I hope as we are secured from what we so vainly dreaded so we shall not be afraid to have Villainy detected and the greatest mark of Infamy that can be put upon it Yes Gentlemen there was a Consult and there was a Conspiracy against the Life of our King our Goverment and our Religion Not a Consult at the White-Horse in the Strand but a Cabal and Association of perfidious Rebels and Traitors who had a mind to embroil us in Bloud and Confusion but God be thanked it had not its desired Effect the same sort of Villams were Parties in this Conspiracy that had too great a hand in the late great Rebellion which we to this day feel the smart of and they had a mind to make use of the like Instruments as they did before to bring us into the like misery as we were before involv'd in And is it not a prodigious thing to have such actions as these to day defended in a Court of Justice with that Impudence and Unconcernedness as tho he would Challenge even God Almighty to punish his Wickedness and Blasphemously blesses God that he has liv'd to do such wonderful Service to the Protestant Religion and is so obstinate in his Villainy as to declare he would venture his Bloud for the Confirmation of so impious a Falshood and indeed to speak the Truth he makes no great venture in it for when he had pawn'd his immortal Soul by so perjur'd a Testimony he may very easily proffer the venturing of his vise Carcass to maintain it Gentlemen having thus said and I could not forbear saying of it give me leave to put you in mind of what lies before you now to be tryed First this Indictment takes notice that there was an Indictment taken before the Commissioners of Oyer and Terminer and Gaol-delivery at Hicks's Hall of High Treason against Whitebread Fenwick Ireland Pickering and Grove and that Indictment and the whole Record is proved to you by Swift For I must tell you as I go along what proofs there are of all the particulars and you upon Consideration of all that is alledged are to be Judges what is sufficient proof to convict the Defendant of the Crime that is laid to him which is wilful and corrupt Perjury The Indictment Gentlemen sets forth the Oath that Oates did make at Ireland's Trial and then averrs it to be false For the Oath that he did take that stands thus That he did swear he was present at a Consult held at the White-Horse-Tavern in the Strand the twenty fourth of April 1678 That he did swear That it was there resolved to murder the late King How that that Resolution was carryed by him from Chamber to Chamber that is to Whitebread's and Fenwick and Ireland's Chambers and saw them sign this resolution there and the Assignment of the Perjury is That he was not present at any Consult 't is not that there was not any such Consult though it appears by the Evidence that there was none such but that he was not present at any Consult at all held there at that time Now that he did make such an Oath is proved by a worthy Gentleman Mr. Foster a Gentleman known to you all that live in the City of London and he did truly make that Remark in the beginning of his Testimony that any honest man in his place would have done That he was one of those unfortunate men that tryed Mr. Ireland for though a man do go according to his Conscience as to be sure there is no question to be made of it but all these Jury men did in finding that Verdict yet when I come to find that the Evidence upon which I convicted those men is detected to be false and that upon my Verdict the persons were executed tho no Guilt of their Bloud is really contracted by me yet I cannot but think my self unfortunate that I was though innocently an Instrument of their death and there is never an one of you but would have thought your selves unfortunate if you had convicted men upon such a Testimony which though you believed then yet afterwards you should have reason to conclude was false And yet Oates would have you think that because they believed him when he
Complement this he did particularly say was the expression that this excellent Schollar used to the Physician at his first application to him and all the whole Colledge took notice of that piece of his Learning The next is one Price and he tells you he was there all the time that the others speak of he remembers him very well and particularly says I am sure Oates was there the 11th of May N. S. which will be the first of May O. S. Because says he I know he was soundly beaten that day upon a quarrel that he had there this particularly he speaks to besides his remembrance of the other Circumstances in concurrence with the former Witnesses Mr. Doddington swears the same and Mr. Gerrard also swears the same with that other particular circumstance that Mr. Sollicitor repeated to you which was of Oates being there upon the day of Confirmation the 26th of May N. S. the 16th of May O. S. and he is sure of it because he was confirmed along with him and therefore it is impossible he should forget it And my Lord Gerrard who was the next gives this reason upon his remembrance of all the forementioned particulars that he always took special notice of the man for his Canting Tone his Physiognomy and remarkable Behaviour Then there is Mr. Morgan who is no Papist but a Minister of the Church of England now Mr. Oates was angry with all the rest because they were Catholicks but what has he to say to Mr. Morgan who is a Protestant Why the truth is there are none of them to be believed because they swear against him and really he ought to be permitted to give that reason or it is like to go very hard with him for if in case you believe but a third part of the Testimony that has been given it is enough to do his work But what says Mr. Morgan truly he comes up to the 24th of April particularly and he tells you how he remembers it and the first occasion he had to look into it was they being all surprized at St. Omers at what Oates had Sworn and Mr. Morgan recollecting with himself did remember that that very day he was playing at Ball within the Colledge and happened to toss his Ball over the Wall into the Garden and not being able to recover it any other way he spyed Oates walking and looking into his Book and therefore he desired him to lend him his Key and by the help of that he went in and fetched his Ball and this was the very day that Oates swore he was here Mr. Arrundel says the same the two Turberviles say the same and one of them is positive to have seen him there either the 24th and 25th or 23d and 24th of April O. S. which is the 3d and 4th or 4th and 5th of May N. S. and if it were either of these days it cannot be possible he should be here at the Consult The next is Mr. Clavering and I cannot but particularly take notice of what he has sworn he says Mr. Oates was there all the time that the rest speak of but it seems particularly about the time of the Congregation in London there comes in a Stranger that was poor and this Gentleman Mr. Clavering made a Collection for him and it was talked of in the Colledge as the reason why he had not success in his Collection because the Fathers were gone to the Congregation Nay and yet farther says he I do remember particularly that Mr. Williams and Mr. Marsh did go over to the Congregation but Oates did not for I do remember when Williams and Marsh came back again I had some discourse with Mr. Oates about the Congregation He came to me and desired to know of me what account I was able to give of the matter of that Meeting after the Consult was over Now had Mr. Oates been there and been a person of that great Trust that he had sworn himself into he needed not sure have asked Mr. Clavering at St. Omers what the business of the Consult was at London where he himself had been but the other had not There is besides Mr. Capley another Witness Mr. Cooke that speaks particularly of the 30th of April that he was sure Oates was there then because of the Procession and because he walked by himself in it and Wright the last Witness gives a general account but speaks to no particular time And now Gentlemen after all this Evidenc Viva voce you must give me leave to hint Testimonium Rei an improbable Oath was that which Oates owns he made if it be considered in all its parts Can any man believe that fifty persons should meet together in a Tavern in London and these fifty persons should come to a Resolution to kill the King and subvert the Government and alter the Religion and that this Consultation being drawn up in the Tavern for so he swears it was they should sever themselves into lesser Clubbs and Companies and take care that none should sign when they were altogether and among themselves but must have it carryed up and down from one mans Chamber to another and find no body to trust with this Affair that if discovered must subject them to present destruction and ruine their whole party but onely Mr. Oates who was none of their own Order nor does appear to be of such Credit amongst them Can you believe any men should be so void of sense and reason that of fifty together and those reputed as subtile as any sort of men whatsoever there should not be one man of common understanding that should take care for a more rational Management of so great and hazardous an Undertaking when they were met together and might have dispatcht it in a quarter of an hour they should separate themselves into several parts of the Town and trust a Resolution of that nature in Mr. Oates pocket in whom if they had had more Confidence than they seem to have yet it was folly and madness to give him that opportunity of destroying all them and making himself were there no other Evidence but the very Testimony of the thing it would go a very great way with me I confess but I must say withal you are Judges of this Fact upon a superadded Testimony of Twenty two Witnesses Viva voce I think it leaves the thing without any doubt Gentlemen the Answer given by the Defendant to this Charge is very fallacious and though he puts such a Countenance upon it as though his Witnesses were such persons of Credit that nothing could be objected against them yet he is certainly very much mistaken in that He has produced but two potitive Witnesses and those two as positive as they are in their proof are likewise positive in their Contradictions of one another and what they have said is left to your Consideration The one is a Coachman the other was Sir Richard Barker's House-keeper they indeed do say Sir Richard Barker's