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 recollect ing with himself, did remember that very day he was playing at ball within the college, and happened to toss his ball over the wall into the garden, and not being able to recover it in any other way, he spied 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. Arundel says the same: the two Tur berviles say the same; and one of them is positive to have seen him there, either the 24th or 25th, or 23rd and 24th of April O. S. which is the 3rd 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.

care that none should sign when they were all together and among themselves, but must have it carried up and down from one man's chamber to another, and find no body to trust with this affair, that, if discovered, must subject them to present destruction, and ruin their whole party, but only Mr. Oates, who was none of their own order, nor does appear to be of such credit amongst them? Can you bélieve any men should be so void of sense and reason, that of fifty together, and those reputed as subtle 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 inet together, and might have dispatched 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's pocket, in whom if they had had more confidence than they seem to have, yet it was folly and madness to The next is Mr. Clavering, and I cannot but give him that opportunity of destroying all of particularly take notice of what he has sworn: them, and making himself? Were there no he says Mr. Oates was there all the time that other evidence but the very testimony of the the rest speak of; but it seems particularly thing, it would go a very great way with me, about the time of the congregation in London: I confess; but I must say withal, you are there comes in a stranger that was poor, and judges of this fact, upon a superadded testithis gentleman, Mr. Clavering, made a collec-mony of 22 witnesses, viva voce; I think it tion for him: and it was talked of in the college 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. Copley, 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 evidence, 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 clubs and companies, and take

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 positive 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 wife's sister, and his nephew, and his daughter, and his nieces, and a worshipful knight, and I know not who, that the old woman tells me are gone into my country, were all there at the same time, and nobody comes to testify it, but only this coachman and this old woman: these, gentlemen, are things fit to be thought of.

But now let us consider how they agree in their evidence. Says the woman, I saw him not till the beginning of May; but I am sure he was there before once or twice. And how does she know that? Because the coachman told her so; and he came there several times, but he did dine there but once; and when he came there the first time she saw him; he came in such a disguise, and he had a short perriwig, and a kind of short white coat, and a white hat. But when the coachman comes to swear, he tells you, the first time he saw him, the woman saw him too; that he had his own hair, and cut close to his ears, that made him look, as the young fellow told her, like a Quaker. And when I asked the coachman,

Are you sure that Benjamin the young fellow | ber Mr. Oates was examined in the House of did see him the first time you saw him there? Lords, and was believed there, because they He told me, No; but he was sure the old wo- did believe he spoke truth at that time; but man did look out of the window and see him; now upon consideration of the contradictions which she denies. I then asked him how often and falsities of his evidence, I cannot but say, he dined there? He tells you several times, I do believe him, says he, to be a great villain, and there were such and such, and the old and that he has been guilty of spilling innocent woman did see him dine there several times; blood. And this noble lord speaks with great which she denies that she ever saw him dine honour and consideration: and truly, I believe there above once. And I take notice of one of if every man that is here were to speak bis the evidence, the coachman, he gives but an mind, my lord has delivered the opinions of odd sort of reason for his remembrance. In us all, and many thousands more in the naFebruary, says he, my lady died, and my tion. master was sick at Putney, and Oates came into the yard while I was cleaning my coach; and I am sure it was when the coat of arms hung over the door, because he ask'd me about my lady's death, and therefore it must be in May; when, for aught does appear to the contrary, it might be in any other month after the escutcheon was up; and in the other circum.stances there is no certainty at all: so that it is plain, these witnesses swear according as their humour leads them, and not according to any remembrance they have of the thing.

And I rather believe it, because the third witness, that is Page the apothecary, that used to make up sir Richard Barker's medicines, gives an evidence contrary to both those; he cannot remember the year positively or particularly; but I'll tell you how he thwarts and contradicts the other people's testimony; for he remembers he came in such a disguise, but he believes nobody spoke to him but himself, because he found him walking in the place that was for the common reception of the patients; and he asked for Dr. Tongue, and he not being within, he went away very discontented: and so now these three witnesses seem to contradict one another; and the last witness Walker, who is the parson, he says nothing to the matter; for it does plainly appear, the time which he speaks of, which was about a year and a half before he was called to testify at the five Jesuits Trial, must be in the year 1677, and not in the year 1678, which is the question here, which must be before he went first to St. Omers.

Gentlemen, the other part of Mr. Oates's defence has been upon this topic: says he, I have been believed heretofore, the parliaments have given me credit; and to prove it, he has called several noble lords and persons of quality. The first was my lord of Devonshire, who says he cannot remember any particulars of his evidence, it is so long since; but he remembers the parliament, upon the evidence given of the plot, did make such votes as we do all know of. And there were a great many people that gave credit to his testimony, who, God be thanked, are of another opinion now. And my lord of Clare says, he was not in the House of Lords at the beginning of the discovery, and cannot remember any thing in particular. But my lord of Huntingdon was a little more particular; and Mr. Oates began to be angry with him, because he spoke so much: says he, I remem

Mr. Oates called next my Lord Chief Baron, my brother Gregory, my lord of London, sir George Treby, Mr. Williams, and my brother Dolben. But they all tell you, they are able to give no particular answers to his questions; and this was the sum of his evidence.

To this Mr. Attorney-General has given a reply of evidence, that truly is of very great moment. First, here is produced sir George Wakeman, whom Oates accused of high-treason, and he suffered his trial and was acquitted; so that as well as the jury had given credit to him in the former verdicts, so, says Mr. Attorney, I must speak likewise for the credit of that verdict that did disbelieve him, because though he did swear as roundly and briskly up to the matter as he had done before, yet when he had not the hurry and surprize of his discovery to support him, his villainy was detected, and the innocent acquitted. And besides the record of the acquittal, here is the person himself, who is now under no dread or danger, having stood his trial and being acquitted; and he takes it upon his oath, and in the presence of the great God, and the searcher of hearts, that whatsoever Oates swore against him at his trial, was every tittle of it false: and this acquittal of his, being a:ter great and mature consideration, is an evidence of anotherguise quality, than the verdicts of the other convictions.

Next to him, is my lord Castlemain, a person of very great honour; and he gives an account he was arraigned of high treason at this bar, and upon his trial Oates was produced as a witness against him, and there he swore he met with my lord Castlemain in Lincoln'sInn-Fields, and great familiarity there was between them, so that my lord could not trust him in a less affair than the plot; and away he goes with him to Fenwick's chamber, there to talk about the design of killing the late king; Mr. Oates, of all mankind, must be the great repository of this secret. But the jury then being persons of great understanding and integrity, did not believe Oates, but acquitted my lord Castlemain. And he does here take it upon his oath, backed with all the imprecations of evil to himself that a man can use, that there was not one word of truth in Oates's testimony; nor he did he ever see Oates in his life, till such time as he was taken up upon his accusation. Now are here two persons of honour and quality, that upon their oaths do pare

ticularly give you an account, as in the presence, being thus threatened and suborned, that in of Almighty God, that Oates has twice for- May 1678, he and Mr. Oates dined together at sworn himself against them. Mr. Howard's house, and you have Mr. Howard produced, who does swear that Clay did swear so; but indeed he was not there with Mr. Qates at dinner till July after.

This, gentlemen, is direct corruption and subornation; and if a man will be a corrupt køave, and endeavour to suborn witnesses to swear that which is false, he is the more likely to swear false himself. Besides that, you are to take notice, here is his own Narrative pro

that he went back to St. Omers about the be ginning of May, and was there all the month of May, and in June, till the latter end of it. Then all this while, either Mr. Oates, or his witnesses, are perjured in the case: He says. he staid but three or four days in England after the consult was over, and then went straight back again to St. Omers. Which must be the first week in May; but if you believe his two witnesses, he 'dined with them several times after that: And so it is apparent some of them are guilty of gross and foul perjury.

Now, gentlemen, I cannot but resort back to the objection that I made at first. It is strange to me, that a man that came upon such a design, should go publicly about the streets at noonday, though in a disguise, yet he was known. But if you take the persons time to be in the year 1677, then it is easily reconciled what they did say of their seeing him in such a disguise; and so all their testimony may stand together, and perhaps they may mistake in a point of time, though not in the substance of their evidence: and I would out of charity conclude it to be so.

Gentlemen, there is notice to be taken of the Journal of the House of Lords; and though it is true for the sake of the precedent, and to secure the justice of the nation, we did keep them strictly to their proof, that it was upon oath. And as to the business of Smith, though we do believe the thing in our private judgments, yet we thought it not fit to be permitted, that persons should upon their own oaths confess themselves to be guilty of per-duced, where you have it sworn by himself, jury, and afterwards give evidence against others; for such are not to have the countenance of ever being witnesses again: yet by the records of parliament, and other evidence there is enough to make the matter aimed at clear. For it is clear by his Narrative, that Oates did first swear, as far as he could well swear to bring him into displeasure of the people: for that was his way to intimidate all he had to do with, and thereby force them to comply with his designs. And there was no more plausible accusation at that time, than to accuse a man for saying somewhat against the parliament, or being in a combination to subvert the Protestant Religion. But you see, when he comes to have his own turn served, then this man upon whom he had fixed such an odious character, is really no papist at all, but engaged in service for his king and country, and has Mr. Oates's passport, a thing of great advantage to him at that season. This the king's counsel made use of with great reason, as an evidence of tampering: for the man has altered his opinion of one he has before accused and now brings him as an honest man to give evidence for him. And this, say they, must be intended to be done by practice and by threats. And the rather, gentlemen, for that you have an account by witnesses sworn, that there was one Clay a popish priest, that lay in prison at the Gate-House, and while he was there, Oates and sir William Waller came into the prison to him, and tampering with him, says Oates, I hear there are some St. Omers boys, that intend to testify that I was at St. Omers when I say I was at London; but you must swear, that you dined with me at Mr. Howard's in May 1678; or if you will not, you know I know you to be a priest, and I'll hang you. Says Clay, where is my silver and gold that was taken away from me? And we all know sir William Waller was wonderful good at the fingering of gold; he used to take away broad pieces as popish reliques, because of the crosses upon them. Says Clay, give me my gold again, I will swear for you; I have been a rogue before, and I may be a rogue again. And accordingly a contract is made for him to swear directly, L. C. J. Gentlemen, if any of you have a that Oates and he were together at Mr. How-mind to drink at the bar, before you go, you ard's house in May 1673. This very fellow shall have some got for you. that tells you now the story, told it the next morning to another man, who has likewise sworn the same. Then is Clay conveyed by Oates to the Old-Bailey, and there swears,

But I will say, if they are to be taken strictly to the year1678, it is monstrous to imagine, that we should have nobody brought to let us know where he lodged, where he eat, with whom he conversed, for all that time.

Gentlemen, I have detained you the longer in this matter, because I take it to be of so great weight, wherein the justice and honour of the nation are so much engaged, and it was therefore fit this cause should be tried in the most solemn and public manner, in order to vindicate the nation from the reproach and calumny of injustice and oppression. And sure I am, if you think these witnesses swear true, as I cannot see any colour of objection, there does not remain the least doubt, but that Oates is the blackest and most perjured villain that ever appeared upon the face of the earth.

Cl. of Cr. Tipstaff, you must take care of the

jury.

Jury. No, my lord, we do not care for drinking.

L. C. J. Then we will stay for you.

Then the Jury withdrew to consider of their Verdict, and after about a quarter of an hour's stay, they returned and delivered their Verdict, That the Defendant was Guilty of the Perjury whereof he was indicted.' Which being recorded, the Lord Chief Justice spoke to the Jury to this effect:

some persons to accuse Mr. Oates of sodomy, and in order thereto, two persons (one of which was formerly his man, but turned away for his rogue's tricks) applied themselves to an alderman of the city, who ordered them to go to Mr. Recorder, who accordingly took their examination, which was so very improbable (nay even incredible) that it discovered the falseness and maliciousness of the prosecution.

L. C. J. Gentlemen, that we are not, God be thanked, in those times of disorder and confusion that we have been heretofore in, to have humming or hissings to declare the auditors approbation or dislike of Juries' Verdicts: But because there has been this day mention made of the opinions of judges about verdicts, I shall take the liberty to declare my mind to you now, That for my part, I am satisfied in my conscience you have given a good and a just verdict; and so I believe is every other judge upon the bench.

To which the rest of the Judges assented; and then the Court arose. *

"June 1684. It has been very lately discoursed about town, that there are informations taking by Mr. Justice Guise, and Mr. Justice L'Estrange of High Treason against Mr. Oates, and that he would be indicted thereon the next sessions.

"Jan. 23, 1684-5. Mr. Titus Oates pleaded not guilty to an information for Perjury abouta consult of Jesuits he swore to be at the White Horse Tavern in the Strand; and there was very hot words passed between the Lord Cha Justice and him." Narcissus Luttres MS. Brief Historical Relation, &c. in Al

"1683. There have been endeavours by souls' Library, Oxford.

323. The Second Trial of TITUS OATES, D. D. at the King's-Bench, for Perjury: 1 JAMES II. A. D. 1685.

May 9, 1685.

THIS day being appointed for the Trial of the other causes between our sovereign lord the king, and Titus Oates, for Perjury; the same began about nine in the morning, and proceeded after this mauner:

London; sir William Turner, knight; and sir James Edwards, knight, aldermen of the said city; sir Thomas Jenner, knight, one of his majesty's serjeants at law, and recorder of the same city; sir Robert Jefferies, 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 ma

First, proclamation was made for silence: Then the Defendant was called; who, appear-jesty's letters-patents under the great seal of ing in person, was advised to look to his challenges: but he challenged none; only he desired, that they might be all asked, Whether they were of the grand jury that found the bill? which was done. And all denying it, the twelve sworn were these: Sir Thomas Vernon, kt. † Nicholas Charlton, esq. Thomas Langham, esq. Thomas Harlop, Francis Griffith, John Kent, George Toriano, Henry Loades, John Midgley, John Pelling, Thomas Short, and George Peck.

་

Cl. of Cr. Gentlemen, you that are sworn,

bearken to the Record.

England, to enquire of several offences in the said letters-patents contained, and to hear and determine the same, according to the laws and customs of this kingdom, by the oaths of twelve jurors, honest and lawful men of the city of London aforesaid, who then and there being sworn, and charged to enquire for our 'said sovereign lord the king, and the body of the said City, upon their oaths present :

6 That at a certain session of our said lord 'the king, holden for the county of Middlesex 'at Hicks's-Hall in St. John-Street in the county aforesaid, on Monday (to wit) the 16th day of December, in the year of the reign of our said late sovereign lord, Charles 2, by the

Memorandum, That by a certain inquisition for our sovereign lord the king, at the Guild-grace of God, of England, Scotland, France 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 sovereign lord Charles 2, by the grace of God, of England, Scotland, France, and Ireland,mas Robinson, Humphrey Wyrley, Thomas

king, defender of the faith, &c. before sir Henry Tulse, knight, mayor of the city of

* See a Note to the next preceding Case, p. 1081.

+ See the Case of sir Samuel Barnardiston, A.D. 1684, vol. 9, p. 1383, of this Collection.

and Ireland, king, defender of the faith, &c. the 30th, before sir Reginald Foster, baronet; 'sir Philip Matthews, bart. sir William Bowles, knight; sir Charles Pitfield, knight; The

Harriot, and William Hempson, esquires, justices of our said lord the king; to enquire by the oaths of honest and lawful men, of the county of Middlesex aforesaid, and by other ways, manners, and means, whereby they might, or could better know, as well within liberties as without; by whom the truth of the

6

April, in the 30th year of the reign of our said late sovereign lord Charles 2, at the

the county of Middlesex aforesaid; falsely, maliciously, subtilly, advisedly, and traitor

'intend sedition and rebellion within this kingdom of England to move, stir up, and pro'cure, 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 plea'sure to change and alter; and the state of this whole kingdom of England, through all its

And to complete and perfect the same their most wicked treasons, and traitorous imagina'tions and purposes aforesaid; they, the afore'said Thomas White otherwise Whitebread, William Ireland, John Fenwick, Thomas Pickering, and John Grove, and other false

• matter might be better known and enquired| of, concerning all treasons and misprisions of treasons, insurrections, rebellions, counter-parish of St. Giles in the Fields aforesaid, in feitings, clippings, washings, false-making, and other falsifying of the moneys of this kingdom of England; and of any other king-ously, did purpose, compass, imagine, and doms and dominions whatsoever; and of all murders, felonies, manslaughters, 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, 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 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 oath of Ralph Wain, John Vaughan, Richard Foster, Thomas Paget, Robert Newington, Henry Tompkins, Robert Hayes, John Greenwood, Peter Stinycson, Josiah Richard Rich-parts well instituted, and ordained, wholly to man, Augustine Bear, John King, Nathaniel 'subvert and destroy, and war against our said Brit, Francis Fisher, Edward Foster, and lord the king, within this kingdom of England "Samuel Lynn, honest and lawful men of the to levy. 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, otherwise Whitebread, late of the parish of St. Giles in the Fields, in the county of Middle'sex, clerk; William Ireland, late of the parish'traitors, to the jurors unknown, the aforesaid 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 'traitors against the most illustrious and most serene and 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 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 obedi-perfect the same their most wicked treasons ence, 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 up, and procure; and the cordial love, and true and due obedience, which 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 finalland, John Fenwick, and others, false traitors,

⚫destruction to bring and put, the 24th of

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, devilishly and traitorously did assemble themselves, unite, and congregate; and then and there falsly, maliciously, subtilly, advisedly, devilishly and traitorously 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 established, to the su 'perstition of the Romistr church to change and alter. And the sooner to complete and

and traitorous imaginations and purposes aforesaid, the said Thomas White otherwise Whitebread, William Ireland, John Fenwick, "Thomas Pickering, and John Grove, and other false traitors of our said late lord the king, to the jurors 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, devilishly, and traitorously 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 Ire

to the jurors unknown, a certain number of