session of this current parliament, but is hereby excepted therefrom in all time coming. It appears, that Tarras engaged in the Confederacy preparatory to the Revolution, (See 4 Laing, 186, 187.) And he is one of the subscribers to the "Act declaring the meeting of the estates to be a free and lawful meeting." Fountainhull's Notices of this Case are as fol lows: and will, acknowledges his guilt, and excusing it by his youth and ignorance; and hopes to obtain a pardon. Feb. 5, 1685. The earl of Tarras's remission is passed, and he was set at liberty out of castle, it only pardons him his life, but does not restore to his title of honour, (which even before was only ad vitam,) and there was or how much thereof thereof they would allow no account how his estate was to be disposed of, to himself. Nota. It was afterwards annexed "October 1st, 1684. The earl of Tarras by to the crown, by the 42d act of parliament a petition casts himself on the king's mercy1685.” 522. The Trial of TITUS OATES, D. D.* at the King's-Bench, for Perjury: 1 JAMES II. A. D. 1685. May 8, 1685. THIS day being appointed for the trial of one of the causes between our sovereign lord the king, and Titus Oates, for Perjury; the same began between eight and nine in the morning, and proceeded in the manner following. First, Proclamation was made for silence, then the Defendant was called; who appeared in person, being brought up by rule from the King's-Bench prison, where he was in custody, and was advised to look to his Challenge to the Jury that were impannelled to try the cause. Oates. My lord, I am to manage my own Defence, and have a great many Papers and things which I have brought in order to it; I * See his Trial for Scandalum Magnatum, p. 125, of this Volume. "But now the sitting of the parliament of England came on. And, as a preparation to it, Oates was convicted of perjury, upon the evidence of the witnesses from St. Omar's, who had been brought over before to discredit his testimony. Now juries were so prepared, as to believe more easily than formerly. So he was condenined to have his priestly habit taken from him, to be a prisoner for life, to he set on the pillory in all the public places of the city, and ever after that to be set on the pillory four times a year, and to be whipt by the common hangman from Aldgate to Newgate one day, and the next from Newgate to Tyburn; which was executed with so much rigour, that his back seemed to be all over flead. This was thought too little if he was guilty, and too much if innocent, and was illegal in all the parts of it: for as the secular court could not order ecclesiastical habit to be taken from him, so to condemin a man to a perpetual imprisonment was not in the power of the court: and the extream rigour of such whipping was without a precedent. Yet he, who was an original in all things, bore this with a constancy that amazed all those who saw it. So that this treatment did rather raise his reputation, than ink it." 1 Burnet, 637. pray I may have some conveniency for the managing my own trial. L. C. J. (Sir George Jefferies.) Ay, ay. let him sit down there within the Bar, and let him have conveniency for his papers. Cl. of Cr. Cryer, swear sir William Dodson. Oates. My lord, I except against sir William Dodson. Att. Gen. (Sir Robert Sawyer.) What is the cause of exception, Mr. Oates? L. C. J. Why do you challenge him? Oates. My lord, I humbly conceive in these cases of criminal matters, the defendant has liberty of excepting against any of the Jurors, without shewing cause, provided there be a full Jury besides. L. C. J. No, no, that is not so, you are mistaken in that, Mr. Oates. Oates. My lord, I am advised so, I do not understand the law myself. L. C. J. But we will tell you then, it cannot be allow'd; if Mr. Attorney will consent to wave him, well and good. Att. Gen. No, my lord, I know no reason for it, I cannot consent to any such thing. L. C. J. Then, if you will not have him sworn, you must shew your cause presently. Oates. My lord, I cannot assign any cause. L. C.J. Then he must be sworn. * "In Criminal Cases, or at least in Capital ones,' says sir William Blackstone, Comm. Book 4, chap. 27, "there is in favorem vita allowed to the prisoner an arbitrary and capricious species of challenge to a certain number of jurors without shewing any cause at all, which is called a peremptory challenge." The law respecting peremptory challenge is stated by the learned Commentator with some particularity, and very satisfactory reasons are assigned by hit for the establishment of that provision. It is, perhaps, to be regretted, that he did not enter with equal particularity into the doctrine of Challenge for Cause in Criminal Trials. Mr. Christian, in his Notes on Blackstone, says that a peremptory challenge is not Cl. of Cr. Swear him. Cryer. Sir William Dodson, take the book; you shall well and truly try this issue between our sovereign lord the king and Titus Oates, and a true verdict give according to the evidence; so help you God. Cl. of Cr. Swear sir Edmund Wiseman. [Which was done.] Richard Aley, esq.; [Who was sworn.] Benjamin Scutt. Oates. My lord, I challenge him. L. C. J. Was he so? That is an exception indeed; what say you, Mr. Attorney? Att. Gen. My lord, I believe he was upon one of the indictments, but I think it was not this. L. C. J. But if he were in either of them, he cannot be so impartial. * Att. Gen. My lord, we will not stand upon it, we'll wave him. Cl. of Cr. Thomas Fowlis. Outes. Pray let me see that gentleman. [Who was shown to him.] Are you not a goldsmith in Fleet-street, between the two Temples? Fowlis. Yes, I am. Oates. Very well, Sir, I do not except against you, only I desired to know whether it were you or not? Cl. of Cr. Swear him. [Which was done.] Thomas Blackmore, Peter Pickering, Robert Beddingfield, Thomas Rawlinson, Roger Reeves, sworn. Edward Kempe, (sworn). Outes. My lord, I challenge him. L. C. J. You speak too late, he is sworn already. Oates. My lord, they are so quick, I could not speak, but he was one of the Grand Jury too. L. C. J. We cannot help it now. Att. Gen. I did not know that he was so; but to shew that we mean nothing but fair, we are content to wave him. L. C. J. You do very well, Mr. Attorney General; let him be withdrawn. Cl. of Cr. Mr. Kempe, you may take your ease; swear Ambrose Isted. [Which was done.] Henry Collier, Richard Howard, sworn. Cl. of Cr. Cryer, count these. allowed in any trial for a misdemeanor; and *See Hawkins's Pleas of the Crown, Book 2, ch. 43, sect. 27, Leach's edit. See, too, in this Collection, vol. 8, p. 588. to the record, and stand together, and hear the evidence. The Names of the Twelve sworn, were these. Wiseman, Richard Aley, Thomas Fowlis, Sir William Dodson, sir Edmund bert Beddingfield, Thomas Rawlinson, Roger Thomas Blackmore, Peter Pickering, RoReeves, Ambrose Isted, Henry Collier, and Richard Howard. Oates. Before the counsel opens the cause, move one thing to your Lordship. L. C. J. What is it you would have? Oates. My lord, I have three witnesses that are very material ones to my defence, who are now prisoners in the King's-Bench, for whom I moved yesterday, that I might have a rule of court to bring them up to day, but it was objected, that they were in execution, and so not to be brought; I humbly move your Lordship now, that I may have a Habeas Corpus for them, to bring them immediately hither. L. C. J. We cannot do it. Outes. Pray, good my lord, they are very material witnesses for me, and I moved yesterday for them. L. ̊C. J. You did so, but we told your | Foster, bart.; sir Philip Matthews, bart.; sir William Bowls, kt.; sir Charles Pitfield, kt.; Thomas Robinson, Humphrey Wyrley, Thomas Hariot, and William Hempson, esquires, justices of our said sovereign 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 what soever 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, manslaughters, killings, burglaries, and other articles and offences in the letters patents of our said sovereign 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 Crosly, Richard Richman, Augustin Bear, John King, Nathaniel Brett, Francis Fisher, and Samuel Lynn, honest and lawful men of the county aforesaid, sworn, and charged to enquire for our said sovereign 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 sovereign lord Charles 2, 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 sovereign 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 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 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 sovereign 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 four and twentieth day of April,* in the year of the reign of our late sovereign lord Charles 2, 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's in the fields, in the county aforesaid, falsely, malieiously, subtilely, advisedly, and traitorously 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 sovereign 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 kingdom of England, throughout all its parts well instituted and ordained, wholly to subvert and destroy, and war against our said late sovereign the king, within this kingdom of England to levy: and those their most wicked treasons, and traitorous imaginations and purposes aforesaid to fulfil and perfect, they the aforesaid Thomas White alias Whitebread, William Ireland, John Fenwick, Thomas Pickering, and John Grove, with other false traitors to the Jurors not known, the said four and twentieth day of April, in the year of the reign of our late sovereign 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, falsely, maliciously, subtilely, advisedly, devilishly, and traitorously, did assemble themselves, unite and meet together, and then, and there, falsly, maliciously, subtilely, advisedly, devilishly, and traitorously, did consult, and agree our said late 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 established, to the superstition of the Romish church, to change and alter; and the sooner to fulfil and perfect their said most wieked 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 traitors of our said late sovereign lord the king, to the jurors unknown, afterwards, to wit, the same 24th day of April, in the said thirtieth year of our said late sovereign lord the king, * See the Note to the Case of Ireland, Pickering, and Grove, A. D. 1678, ante, vol. 7, p. 91. at the foresaid parish of St. Giles in the fields, the said four and twentieth day of April, in the in the county aforesaid, falsely, subtilety, ad- thirtieth year aforesaid, and divers days and visedly, devilishly, and traitorously among times afterwards, with force and arms, &c. at themselves, did conclude and agree, that they the parish aforesaid, in the county aforesaid, and the aforesaid Thomas Pickering, John Grove, in other places within the county of Middlesex him the said late sovereign lord the king aforesaid, falsely, subtilely, advisedly, malishould kill and murder: and that they the ciously, devilishly, and traitorously did lie in said Thomas White alias Whitebread, William wait, and endeavour our said late sovereign lord Ireland, John Fenwick, and other false traitors the king to murder: and that the said Thomas to the jurors unknown, a certain number of White alias Whitebread, William Ireland, John masses between them, then and there agreed for Fenwick, and other false traitors to the jurors the health of the soul of him the said Thomas unknown, afterwards, to wit, the same four Pickering, therefore should say, celebrate and and twentieth day of April, in the thirtieth year perform, and therefore should pay unto the said aforesaid, at the parish aforesaid, in the county John Grove, a certain sum of money, between of Middlesex aforesaid, falsely, subtilely, adthem then and there agreed. And the jurors visedly, maliciously, devilishly, and traitorously aforesaid, upon their oath aforesaid, did fur-didprepare, persuade, excite, abet, comfort and ther present, that the said Thomas Pickering counsel four other persons, men to the jurors unand John Grove, upon the agreement afore- known, and subjects of our said late sovereign said, then and there falsely, subtilely, advisedly, lord the king, him our said late sovereign lord maliciously, devilishly, and traitorously did the king traitorously to kill and murder, against take upon them, and did promise to the said the duty of their allegiance, against the peace Thomas White alias Whitebread, William Ire- of our said late sovereign lord the king, land, John Fenwick, and other false traitors of his crown and dignity, and against the form of our late said sovereign lord the king, to the the statute in that case made and provided; jurors aforesaid unknown, then and there, and thereupon it was so far proceeded, that falsely, subtilely, advisedly, maliciously, de- afterwards to wit, at the court of gaol-delivery vilishly, and traitorously did promise that they of our sovereign lord the king of Newgate, at the said Thomas Pickering and John Grove Justice-hall in Old-Bailey, in the suburbs of the would kill and murder our said late sovereign city of London, in the parish of St. Sepulchre," lord the king; and they, the said Thomas White in the ward of Farringdon without, London alias Whitebread, William Ireland, John Fen- aforesaid, the seventeenth day of December, in wick, Thomas Pickering, John Grove, and other the thirtieth year aforesaid, before the jusfalse traitors of our said late sovereign lord the tices of our said lord the king, then and there king, afterwards to wit, the said four and being present, held by adjournment for the twentieth day of April, in the thirtieth year county of Middlesex aforesaid, before whom the aforesaid, at the aforesaid parish of St. Giles indictment aforesaid was then depending, came in the fields, in the county of Middlesex the aforesaid William Ireland, Thomas Pickaforesaid, subtilely, advisedly, maliciously, ering, and John Grove, under the custody of devilishly, and traitorously, did severally sir Richard How, knt. sir John Chapman, knt. every one of them give their faith each to sheriffs of the county of Middlesex aforesaid, the other, and upon the sacrament then and into whose custody, for the cause aforesaid bethere traitorously did swear and promise, fore that were committed, being there brought to conceal, and not to divulge their said to the bar in their proper persons, and immemost wicked treasons and traitorous com-diately being severally spoken unto concerning passings, consultations, and purposes so between them had, him, our said late sovereign lord the king, traitorously 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 aforesaid Thomas Pickering and John Grove, in execution of their traitorous 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 aforesaid parish of St. Giles in the fields, in the county aforesaid, muskets, pistols, swords, daggers, and other offensive and cruel weapons, him, our said late sovereign lord the king, to kill and murder, falsely, subtilely, advisedly, maliciously, and traitorously did prepare, and obtain for themselves, and them had and kept; and that they, the aforesaid Thomas Pickering and John Grove, afterwards to wit, 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 impannelled, sworn and charged, then and there, in the same court before the justices of gaol-delivery aforesaid were tryed; and that upon that trial between our said late sovereign lord the king, and the aforesaid William Ireland, Thomas Pickering, and John Grove, at London aforesaid, to wit, at Justice Hall, in the Old-Bailey 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 sovereign lord the king upon the trial aforesaid, and before the aforesaid justices of gaol-delivery in General likewise; which country you are. Your charge is to enquire, whether the defendant be guilty of this perjury and offence whereof he is now indicted, or whether 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. Cryer, make proclamation. Oates. Hold, Sir, I beg one favour of your lordship, to give me leave to have that part of the record, wherein I am said to have sworn such and such things, read distinctly in Latin. L. C. J. Let it be read in Latin.* 6 6 the court aforesaid, then and there held upon not guilty, and for his trial hath put himself the holy Evangelists of God, to speak and tes-upon the country, and his Majesty's Attorneytify the truth, the whole truth, and nothing but the truth of, and in the premisses between our said late sovereign 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 gaol-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, falsely, voluntarily, and corruptly did say, depose, swear, and to the jurors of the jury aforesaid, then and there sworn, and impannelled to try the issue aforesaid, between Cl. of Cr. Juravit et jur' jurat' prædict' our said late sovereign lord the king, and the ad tunc et ibidem jurat' et impanelat' ad aforesaid William Ireland, Thomas Pickering, triend' exitum prædict' inter dict' D'num and John Grove, did give in evidence, that nostrum Regem et præfat' Will'm Ireland there was a traitorous consult of Jesuits that Thomam Pickering, et Johannem Grove in were assembled at a certain tavern, called the Evidentus dedit quod fuit proditoria ConWhite Horse tavern in the Strand, (in the sultatio, Anglice, Consult' Jesuit' qui AsWhite Horse tavern in the Strand, in the semblat' fuer' apud quandam Tabernam county of Middlesex aforesaid, meaning) upon vocat' the White Horse Tavern in le Strand, the four and twentieth day of April, in the '(le White Horse Tavern in le Strand, in Com' year of our Lord 1678, at which consult, Mid' prædict' innuendo) super vicesimum Whitebread, Fenwick, Ireland, (the aforesaid 'quartum diem April' Ann. Dom. millesimo Thomas White alias Whitebread, John Fen- 'sexcentesimo septuagesimo octavo, ad quam wick, and William Ireland, meaning) and he quidam Consultationem, Whitebread, Fenthe said Titus Oates, were present; and thatwick, Ireland, (prædict' Thomam White alias the Jesuits aforesaid did separate themselves into several lesser companies, and that the Jesuits 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 afore-Regem et quod ipse idem Titus Oates portavit said Jesuits meaning)*: whereas in truth and in deed, the aforesaid Titus Oates was not present at any consult of the Jesuits at the White Horse tavern aforesaid in the Strand, in the county of Middlesex aforesaid, upon the 24th of April, in the year of our Lord 1678, nor did carry any resolution to murder our said late lord the king from chamber to chamber by any persons to be signed. And so he, the aforesaid Titus Oates, on the 17th 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 proper act and consent, and of his most wicked mind, falsely, 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 like case offending, and against the peace of our said late sovereign lord the king, his crown and dignity. Upon this indictment he has been arraigned, and thereunto hath pleaded * See vol. 7, pp. 91, 92. 'Whitebread, Johannem Fenwick, et Will'm Ireland innuendo) et præfat' Titus Oates fuer præsent' et quod Jesuitæ prædict' sese separaver' in separales minores Conventus quodque Jesuitæ prædict' venerunt ad Resolutionem ad murdrand' dictum D'aum Resolutionem prædict' à Camerà ad Cameram et videbat Resolutionem illam signat' per ipsos (præfat' Jesuitas innuendo).' That is the Perjury that you are said to have sworn. Oates. Pray go on, Sir, Ubi revera’— 6 Cl. of Cr. Ubi revera et in prædict' Titns 'Oates non præsens fuit ad aliquam Consul'tationem Jesuit', apud le White Horse Tavern prædict', in le Strand, in Com' Mid' prædict', super vicesimum quartum diem Aprilis Anno Domini millesimo sexcentesimo septuagesimo octavo, nec portavit aliquam Resolutionem ' ad dict' D'num Regem murdrand' à Camerâ 'ad Cameram per aliquas Personas signand.' Mr. Just. Withins. Now, you have read it, go on, Sir, to make your proclamation. Cl. of Cr. Cryer, make an O-yes. Cryer. O-yes! If any one can inform our Sovereign Lord the King, the King's Serjeant, the King's Attorney-General, or this quest now taken, concerning the perjury and offence, whereof the defendant Titus Oates stands indicted; let them come forth, and they shall be heard, for now he stands upon his discharge. *See vol. 6, pp. 132, 133. 135. 143. 169, sir Henry Vane's Case. See, too, in this Collection, Sidney's Case, vol. 9, p. 817, and Charnock's Case, A. D. 1696. |