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upon him.

both upon the account of his person and of his actions ; so that I must needs say indeed, fibis Sare be, I was there from March, till the

time Oates went away in June; and Oates not a downright and positive swearing, but read there that very Sunday before the time their testimony is given with deliberation and in June that he went away. And I am sure I recollection of such particular circumstances, beard him read every time; and in case he had as may reasonably induce any unprejudiced not read every time, I'must have read in his person to give credit to it.

absence: but I did not read at all during that The next witness, Gentlemen, is Hagger- time. stone, whose evidence is wonderful particular, Now, Gentlemen, wben a man is to succeed and very material as to the circumstances that or to supply the absence of another in an office accompany it. For you are to observe, that in that is peculiar as to the charge incumbent upoti these colleges some are of the sodality, and the officer, and considerable as to the prefit of some are not; and sonje are of such and such it, that must needs make an impression upon classes or forms, and others of other. Now the mind, and give a man a more exact rememthis gentleman and Mr. Oates were of the brance of the ihing ; and therefore I recomsame form, and he does particularly remember mend it particularly to your observation. that he was setting up for a preacher, as he has The next is one Mr. Smith; and he says, he an excellent knack that way; and he tells you, saw Oates there all the time: and as to one how ridiculous he made the late king in a ser part of it, when he himself was in the Infirmon; that be halted between two opinions, mary, Oates went to visit him every two or and there ran a stream of Popery between his three days ; nay, and abont such a time in legs ; and such like precious stuff be rented. May, says be, which was about the beginning And to fix it to be about the same time that is of May, Oates being then in the infirmary, not dow in question, he says, he particularly re- well, the Doctor and he had a pretty dialogue members it was when he was reader, when together, and Oates spoke false Lätin to the Mr. Oates was, it seems, the buffoon to the Doctor, for he said, 'Si placeat Dominatio society, or as I may call him, the jack-pudding vestra, in the beginning of his compliment:. to the college, that used to make them sport, this be did particularly say was the expression and was guilty of so many ridiculous things, that this excellent scholar used to the physithat they could not but put particular remarks cian at his first application to him, and all the

whole college took notice of that piece of his Next, I take notice, that this person says, learning. there were two persons, Williams and Marsh, The next is one Price, and he tells you, be that were qualified to give suffrages in the con- was there all the time that the others speak of; gregation, that is, they were past eighteen he remembers bim very well, and particularly years standing, and did go over : for that tbere says, I am sure Oates was there the 11th of was a consult, is not denied, nor that it was in May N. S. which will be the first of May 0.S. London, nor that it was upon the 24th of because, says he, I know he was soundly beaten April ; but they say, it was a triennial meet- that day, upon a quarrel that he had there. ing, which they used to have once in three This particularly he speaks to, besides his reyears for the choice of some officers to manage membrance of the other circumstances in cod. the affairs of the society; as for the choice currence with the former witnesses. of a provincial, and other persons that they Mr. Doddington swears the same, and Mr. were to send upon their errands, in order to Gerrard also swears the same, with that other the support of their society : so that under particular circumstance that Mr. Solicitor rethe colour and countenance of what was in peated to you, v nich was of Oates's being there itself ordinary and usual, and that happened to upon the day of confirmation, the 26th of May be at that time, Oates, who had heard some- N.S. the 16th of May 0. S. and he is sure of what of it, and that it was the 24th of April, it

, because he was confirined along with him, and that such and such were to be there, he upon and therefore it is impossible he should forgei that hearsay, as should seem, at St. Omers, it: and my lord Gerrard, who was next, gives does feign and contrive this pretended con- this reason upon bis remembrance of all the spiracy.

fore-mentioned particulars, that he always The next is one Beeston ; and it is very ma- took special notice of the man for his canting terial too that he swears: for besides what he tone, his physiognomy, and remarkable betestifies, that from the time of bis coming, haviour. which was in December 1677, he was not ab- Then there is Mr. Morgan, who is no Papist, sent till the 23rd of June, when he wentaway; but a minister of the Church of England; now and for the time in question, he very well re. Mr. Oates was angry with all the rest, because members his being there, by this circumstance: they were Catholies; but what has he to say says he, I was chosen to be reader of the 30- to lir. Morgan, who is a Protestant? Why wality in the month of March, but then Oates the truth is, there are none of them to be becomes and gets the office out ofmy hands; but liesel, because they swear against him, and still with me there was that benctit reserved, really he onght to be permitted to give that that if he should at any time tail of reading reason, or it is like to go very hard with him ; there upon a Sunday or a holy-day, I was then for if in case you believe but a third part of the to have read, and to have supplied his place. testimony whui bas been given, it is enough to do his work. But what says Mr. Morgan ? | care that none should sign when they were all Truly he coines up to the 24ih of April particu- together and among themselves, but inust have Jarly, and he tells you how he remembers it; it carried up and down from one man's chamand the first occasion he had to look into it was, her to another, and find no body to trust with they being all surprized at St. Omers at what this affair, that, if discovered, must subject Oates had sworn, and Mr. Morgan recollect them to present destruction, and ruin their ing with himself, did remember that very day whole party, but only Mr. Oates, who was he was playing at ball within the college, and none of their own order, nor does appear to be happened io toss his ball over the wall into the of such credit amongst them? Can you bégarden, and not being able to recover it in any lieve any men should be so void of seise and other way, be spied Wates walking and looking reason, that of tifty together, and those reputed into his book, and therefore he desired him to as subtle as any sort of men whatsoever, there Jend bim his key, and by the help of that, he should not be one man of common understandwent in and fetched his ball ; and this was the ing, that should take care for a more rational very day that Oates swore he was here. management of so great and hazardous an un

Mr. Arundel says the same : the two Tur- dertaking ; when they were inet together, and berviles say the same; and one of them is posi- might have dispatched it in a quarter of an tive to have seen him there, either the 24th or hour, they should separate themselves into 25th, or 23rd and 24th of April 0. S. which is several parts of the town, and trust a resolution the 3rd and 4th, or 4th and 5th of May N. S. of that nature in Mr. Oates's pocket, in whom and if it were either of these days, it cannot if they had had more confidence than they be possible he should be here at the consult. 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: ! confess; but I must say withal, you are there comes in a stranger that was poor, and judges of this fact, upon a superadded testi this gentleman, Mr. Clavering, made a collec- mony of 42. witnesses, viva voce; I think it tion for him: and it was talked of in the college leaves the thing without any doubt. as the reason why he had not success in his Gentlemen, the answer given by the decollection, because the fathers were gone to the fendant to this eharge is very fallacious; and congregation. Nay, and yet farther, says he, though he puts such a countenance upon it, I do remember particularly that Mr. Williams as though bis witnesses were such persons of and Mr. Marsh did go over to the congre- credit, that nothing could be objected against gation, but Oates did not; for I do remember them, yet he is certainly very much miswhen Williams and Marsh came back again, I taken in that: he has produced but two pohad some discourse with Mr. Oates about the sitive witnesses, and those two, as positive as congregation : he came to me, and desired to they are in their proof, are likewise positive in know of me what account I was able to give of their contradictions of one another, and what the matter of that meeting after the consult they have said is left to your consideration. was over. Now had Mr. Oates been there, T'he one is a coachman, the other was sir and been a person of that great trust that he Richard Barker's bouse-keeper ; they indeed had sworn himself into, he needed not sure do say, sir Richard Barker's wife's sister, and have asked Mr. Clavering at St. Omers, what his nephew, and his daughter, and his nieces, the business of the consult was at London, and a worshipful knight, and I know not who, where he bimself had been, but the other had that the old woman tells me are gone into my pot.

country, were all there at the same time, and There is, besides Mr. Copley, another wit. nobody comes to testify it, but only this coachpess, Mr. Cooke, that speaks particularly of man and this old woman : these, gentlemen, the 30th of April, that he was sure Oates was are things fit to be thought of. there then, because of the procession, and be- But now let us consider how they agree in cause he walked by himself in it ; and Wright, their evidence. Says the woman, 1 saw bim the last witness, gives a general account, but not till the beginning of May ; but I am sure speaks to no particular time.

he was there before once or twice. And how And now, Gentlemen, after all this evidence, does she know that? Because the coachman vidu voce, vou must give me leave to hint Tes- told her so; and he came there several times, timonium Rei, an improbable oath was that but he did dine there but once ; and when he which Oates owns he made, if it be considered came there the first time she saw him; be in all its parts. Can any man believe that came in such a disguise, and he had a short fifty persons should meet together in a tavern perriwig, and a kind of short white coat, and in London, and these fifty persons should come a wbite bat. But when the coachman comes to a resolution to kill the king and subvert the to swear, he tells you, the first time he saw government, and alter the religion; and that this him, the woman saw him too; that he had his consultation being drawn up in the tavern (for own hair, and cut close to his ears, that made 60 he swears it was), they should serer them- him look, as the young fellow told her, like a nelyes into lesser clubs and companies, and take 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 bim 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 cousideration of the contradictions which she denies. I then asked bim 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 bim 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 bis remembrance. In us all, and many thousands more in the naFebruary, says he, my lady died, and my tion. master was sick at Putuey, and Oates came Mr. Oates called next my Lord Chief Baron, into the yard while I was cleaning my coach ; my brother Gregory, my lord of London, sir and I am sure it was wben the coat of arms George Treby, Mr. Williams, and my brother hung over the door, because he ask'd me about Dolben. But they all tell you, they are able my lady's death, and therefore it must be in to give no particular answers to his questions; May; when, for aught dues appear to the con- and this was the sum of lis evidence. trary, it might be in any other month after the To this Mr. Attorney-General has given a escutcheon was up; anil in the other circun- reply of evidence, that truly is of very great stances there is no certainty at all: so that it moment. First, here is produced sir George is plain, these witnesses swear according as Wakeman, whom Oates accused of bigh-treatheir humour leads them, and not according to son, and he suffered his trial and was acquitted; any remembrance they have of the thing. so that as well as the jury had given credit to

And I rather believe it, because the third him in the former verdicts, so, says Mr. Atwitness, that is Page the apothecary, that used torney, I must speak likewise for the credit of to make up sir Richard Barker's medicines, that verdict that did disbelieve him, because gives an evidence contrary to both those ; he though he did swear as roundly and briskly up cannot remember the year positively or par- to the matter as he had done before, yet when ticularly ; but I'll tell you how he thiwarts and he had not the hiirry and surprize of his discontradicts the other people's testimony; for covery to support bin, his villainy was dehe remembers he came in such a disguise, but tected, and the innocent acquitted. And behe believes nobody spoke to him but bimself, sides the record of the acquittal, here is the because he found bim walking in the place person bimself, who is now under do dread or that was for the common reception of the pa- danger, having stood his trial and being actients; and he asked for Dr. Tongue, and be quitted; and he takes it upon his oath, and in not being within, he went away very discon- the presence of the great Gol, and the searcher tented: and so now these three witnesses seem of hearts, that whatsoever Oates swore against to contradict one another; and the last witness bin at bis trial, was every tittle of it false: and Walker, who is the parson, he says nothing this acquittal of his, being a:ter great and mato the matter; for it does plainly appear, the ture consideration, is an evidence of anothertime which he speaks of, which was about a guise quality, than the verdicts of the other year and a half before he was called to testify convictions. at the tive Jesuits Trial, must be in the year Next to him, is my lord Castlemain, a per. 1677, and not in the year 1678, which is the son of very great honour; and he gives an question here, wbich inust be before he went account he was arraigned of high treason at tirst to St. Omers.

This bar, and upon his trial Oates was produced Gentlemen, the other part of Mr. Oates's as a witness against bim, and there he swore defence has been upon this topic: says he, I he met with my lord Castlemain in Lincoln'shave been believed heretofore, 'the parliaments ind- Fields, and great familiarity there was behave given me credit; and to prove it, he has tween them, so that my lord could not trust called several noble lords and persons of quality. him in a less affair than the plot; and away The first was nylord of Devonshire, who says he goes with him to Fenwick's chamber, there he cannot remember any particulars of his evi- to talk about the design of killing the late king; dence, it is so long since; but he remembers Mr. Oates, of all mankind, must be the great the parliament, upon the evidence given of the repository of this secret. But the jury tben plot, did make such votes as we do all know of. being persons of great understanding and inAnel there were a great many people that gave tegrity, did not believe Oates, but acquitted my credit to his testimony, who, God be thanked, lord Castlemain. And he does here take it are of another opinion now. And my lord of upon his oath, backed with all the imprecaClare says, he was not in the House of Lords tions of evil to himself that a man can use, that at the beginning of the discovery, and capaot there was not one word of truth in Oates's tes. remember any thing in particular. But my timony; nor be did he ever see Oates in bis lord of Huntingdon was a little more particular; life, till such time as he was taken up upon bis and Mr. Oates began to be angry with him, accusation. Now are here two persons of hobecause he spoke so much: says he, I remem- nour and quality, that upon their càths do pare

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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. How. Gentlemen, there is notice to be taken of the ard produced, who does swear that Clay did Journal of the House of Lords; and though it swear so; but indeed he was not there with Mr. is true for the sake of the precedent, and to Qates at dinner till July after. secure the justice of the nation, we did keep This, gentlemen, is direct corruption and subthem strictly to their proot, that it was upon ornation; and if a man will be a corrupt ksave, oath. And as to the business of Smith, though and endeavour to suborn witnesses to swear we do believe the thing in our private judg- that which is false, he is the more likely to ments, yet we thought it not fit to be per

swear false himself. Besides that, you are 10 mitted, that persons should upon their own take notice, here is his own Narrative prooaths confess themselves to be guilty of per- | duced, where you have it sworn by himsell, jury, and afterwards give evidence against that he went back to St. Omers about the be others; for such are not to have the counte- ginning of May, and was there all the month nance of ever being witnesses again : yet by the of May, and in June, till the latter end of it. records of parliament, and other evidence there Then all this while, either Mr. Oates, or bis is enough to make the matter aimed at clear. witnesses, are perjured in the case : He says.

For it is clear by his Narrative, that Oates he start but three or four days in England did first swear, as far as he could well swear atter the consult was over, and then went to bring him into displeasure of the people: straight back again to St. Omers. Wbich for that was his way to intimidate all he had must be the first week in May; but if you to do with, and thereby force them to comply believe his two witnesses, he dined with thiem with his designs. And there was no more

several times after that : And su it is apparent plausible accusation at that time, than to accuse some of them are guilty of gross and toul a man for saying somewhat against the par- perjury. liament, or being in a combination to subvert Now, gentlemen, I cannot but resort back to the Protestant Religion. But you sce, when the objection that I made at first. It is strange to he comes to have his own turn served, then this me, that a man that came upon such a design, man upon whom he bad fixed such an odious should go publicly about the streets at nooncharacter, is really no papist at all, but engaged day, though in a disguise, yet he was known. in service for his king and country, and has But if you take the persons time to be in the Mr. Oates's passport, a thing of great advan- year 1677, then it is easily reconciled what they tage to him at that season. This the king's did say of their seeing him in such a disguise ; counsel made use of' with great reason, as an and so all their testimony may stand together, evidence of tampering: for the man has al- and perhaps they may mistake in a point of tered his opinion of one he has before accused time, though not in the substance of their eviand now brings him as an honest man to give dence : and I would out of charity conclude it evidence for him. And this, say they, must be to be so. intended to be done by practice and by threats. But I will say, if they are to be taken strictly

And the rather, gentlemen, for that you have to the year 1678, it is monstrous to imagine, that an account by witnesses sworn, that there was we should bave nobody brought to let us know one Clay a popish priest, that lay in prison at where he lodged, where he eat, with whom he the Gate-House, and while he was there, Oates conversed, for all that time. and sir William Waller came into the prison to Gentlemen, I have detained you the longer him, and tampering with him, says Oates, I bear in this matter, because I take it to be of so there are some St. Omers boys, that intend to great weight, wherein the justice and honour testify that I was at St. Omers when I say I of the nation are so much engaged, and it was was at London ; but you must swear, that you therefore fit this cause sbould he tried in the dined with me at Mr. Howard's in May 1678; most solemn and public manner, in order to or if you will not, you know I know you to be vindicate the nation from the reproach and caa priest, and I'll hang you. Says Clay, where lumny of injustice and oppression. And sure I is my silver and gold that was taken away am, if you think these witnesses swear true, as from me? And we all know sir William Waller I cannot see any colour of objection, there does was wonderful good at the fingering of gold; not remain the least doubt, but that Oates is he used to take away broad pieces as popish the blackest and most perjured villain that ever reliques, because of the crosses upon them. appeared upon the face of the earth. Says Clay, give me my gold again, I will swear

Cl. of Cr. Tipstaff, you must take care of the for you; I have been a rogue before, and I may be a rogue again. And accordingly a

jury. 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. Wow

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

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

drinking sworn the same. Then is Clay conveyed by Dates to the Old-Bailey, and there swears, L. C. J. Then we will stay for you.

Then the Jury withdrew to consider of their , some persons to accuse Mr. Oates of sodomy, Verdict, and after about a quarter of an hour's and in order thereto, two persons (one of which stay, they returned and delivered their Ver- was formerly his man, but turned away for his dict, · That the Defendant was Guilty of the rogue's tricks) applied themselves to an alder• Perjiry whereof' he was indicted.' 'Which man of the city, who ordered them to go to Mr. being recorded, the Lord Chief Justice spoke Recorder, who accordingly took their examinato the Jury to this effect :

tion, which was so very improbable (nay even L. C. J. Gentlemen, that we are not, God incredible) that it discovered the falseness and

maliciousness of the prosecution. be thanked, in those times of disorder and confusion that we have been heretofore in, to have “ June 1684. It has been very lately dishumming or hissings to declare the auditors coursed about town, that there are informations approbation or dislike of Juries' Verdicts : But taking by Mr. Justice Guise, and Mr. Justice because there has been this day mention made L'Estrange of High Treason against Mr. Oates, of the opinions of judges about verdicts, I shall and that he would be indicted thereon the nen take the liberty to declare my mind to you sessions. now, That for my part, I am satisfied in my

“ Jan. 23, 1684-5. Mr. Titus Oates pleader conscience you have given a good and a just not guilty to an information for Perjury abouta Ferdict; and so I believe is every other judge consult of Jesuits he swore to be at the White upon the bench.

Horse Tavern in the Strand; and there was very To whieh the rest of the Judges assented; hot words passed between the Lord Chai and then the Court arose. *

Justice and him.” Narcissus Lutirdis

MS. Brief Historical Relation, &c. in Al•“ 1683. There bave 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.

London ; sir William Turner, knight; and sir

• James Edwards, knight, aldermen of the said This day being appointed for the Trial of the city; sir Thomas Jenner, knight, one of his other causes between our sovereign lord the majesty's serjeants at law, and recorder of the king, and Titus Oates, for Perjury; the same same city; sir Robert Jefferies, knight; and began about nine in the morning, aud proceeded sir John Peake, knight, other aldermen of the after this manner :

• said city; and others their companions, josFirst, proclamation was made for silence : * tices of our said lord the king; by his maThen the Defendant was called; who, appearjesty's letters-patents under the great seal of ing in person, was advised to look to his chal- | England, to enquire of several offences in the lenges: but he challenged none ; only he de- said letters-patents contained, and to bear and sired, that they might be all asked, Whether determine the same, accordiug to the laws and they were of the grand jury that found the customs of this kingdom, by the oaths of bill? * which was done. And all denying it, twelve jurors, honest and lawful men of the the twelve sworn were these: Sir Thomas · city of London aforesaid, who then and there Vernon, kt. † Nicholas Charlton, esq. Thomas being sworn, and charged to enquire for our Langham, esq. Thomas Harlop, Francis Grif- said sovereign lord the king, and the body of fith, John Kent, George Toriano, Henry the said City, upon their oaths present : Loades, John Midgley, John Pelling, Thomas • That at a certain session of our said lord Short, and George Peck.

• the king, holden for the county of Middlesex Cl. of Cr. Gentlemen, you that are sworn,

at Hicks's-Hall in St. John-Street in the bearken to the Record.

county aforesaid, on Monday (to wit) the 16th

day of December, in the year of the reign of Memorandum, • That by a certain inquisition our said late sovereign lord, Charles 2, by the . for our sovereigu Jord the king, at the Guild- | 'grace of God, of England, Scotland, France hall of the city of London, and within the and Ireland, king, defender of the faith, &c. 6 same city, on Tuesday the 28th of October, in the 30th, before sir Reginald Foster, baronet ; "the 36th year of the reign of our late sove-sir Philip Matthews, bart. sir William Bowles

, reign lord Charles 2, by the grace of God, of knight; sir Charles Pitfield, knight ; Tho. • England, Scotland, France, and Ireland, mas Robinson, Humphrey Wyrley, Thomas • king, defender of the faith, &c. before sir Harriot, and William Hempson, esquires, • Henry Tulse, knight, mayor of the city of justices of our said lord the king; to enquire

• by the oaths of honest and lawful men, of the * See a Note to the next preceding Case, county of Middlesex aforesaid, and by other P. 1081.

ways, manners, and means, whereby they + See the Case of sir Samuel Barnardiston, might, or could better know, as well within A.D. 1684, vol. 9, p. 1383, of this Collection. • liberties as without; by whom the truth of the

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