'masses between them then and there agreed,

for the health of the soul of him, the said Thomas Pickering, therefore should say, ce⚫lebrate, and perform; and therefore should pay unto the said John Grove a certain sum of money between them then and there ' agreed.

And the Jurors aforesaid, upon their oaths 'aforesaid, did further present, That the said Thomas Pickering and John Grove, upon the agreement aforesaid, then and there false

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and that the said Thomas White otherwise Whitebread, William Ireland, John Fenwick, and other false traitors to the jurors aforesaid unknown, afterwards (to wit) the same 24th day of April, in the 30th year aforesaid, at the parish aforesaid, in the county of Middlesex aforesaid, falsely, subtilly, advisedly, maliciously and traitorously did prepare, persuade, excite, abet, comfort and counsel four other persons, to the jurors unknown, and subjects of our said lord the

torously to kill and murder, against the duty of their allegiance, against the peace of our said lord the king his crown and dignity, and against the form of the statute in such case

Newgate, at Justice-Hall in the Old-Bailey, in the suburbs of the city of London, in the parish of St. Sepulchre, in the Ward of Far

⚫cember, in the 30th year aforesaid, before the justices of the said lord the king, of the same gaol-delivery, then and there held by adjournment, of the county of Middlesex aforesaid, 'came the said William Ireland, Thomas Pickering and John Grove, under the custody of ⚫ sir Richard How, knight, and sir John Chapman, knight, sheriff of the county of Mid'dlesex aforesaid; into whose custody, for the 'cause aforesaid, they were before committed: Being brought to the bar there, in their proper persons, and presently being severally asked concerning the premises above-charged upon them, how they would acquit themselves; the aforesaid William Ireland, Thomas Pick

ly, subtilly, advisedly, maliciously, devi-king, him our said late lord the king trailishly and traitorously did take upon them. selves, and to the same Thomas White otherwise Whitebread, William Ireland, John Fenwick, and other false traitors against our ⚫ said lord the king, to the jurors aforesaid un-made and provided; and thereupon it was so known, then and there falsely, subtilly, far proceeded, that afterwards, at the court of advisedly, maliciously, devilishly and trai-gaol-delivery of our said lord the king, at torously did promise, that they the said Thomas Pickering and John Grove hin our said late lord the king would kill and murder: And that they, the said Thomas White other-ringdon without, London, the 17th day of Dewise Whitebread, William Ireland, John Fenwick, Thomas Pickering, John Grove, and other false traitors against our said lord the king unknowit, 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 did give their faith each to other, and upon the sacrament then and there traitorously did swear and promise to conceal, and not to divulge their said 4 most wicked treasons and traitorous compassings, consultations, and purposes so be⚫tween them had, him our said late lord the king traitorously to kill and murder, and theering and John Grove did severally say, That • Romish religion within this kingdom of Eng⚫ land to be used, to introduce, and the true reformed religion within this kingdom of England, rightly and by the laws of the said kingdom established, to alter and change. And that the said Thomas Pickering and John Grove, in execution of the traitorous agree⚫ment aforesaid, afterwards (to wit) the same 24th day of April, in the 30th year aforesaid, and divers days and times after, at the aforeland, Thomas Pickering and John Grove, at said parish of St. Giles in the Fields, in the county aforesaid, muskets, pistols, swords, daggers, and other offensive and cruel wea'pons, him the said late lord the king to kill and murder, falsely, subtilly, advisedly, maliciously, devilishly and traitorously did prepare and obtain, had, and kept for themselves; and that they the said Thomas Pick ering and John Grove, afterwards (to wit) the same 24th day of April, in the 30th year aforesaid, and divers days and times after, with force and arms, &c. at the parish aforesaid, in the county of Middlesex aforesaid, and in other places within the county of Mid⚫dlesex aforesaid, falsely, subtilly, advisedly,king, and the said William Ireland, Thomas 'maliciously, devilishly and traitorously did lie in wait, and endeavour our said late lord the king traitorously to kill and murder;

they were not thereof guilty; and for the same, for good and bad, they did severally 'put themselves upon the country; and by a certain jury of the country, in that behalf duly impannelled, sworn and charged then and there in the same court, before the justices of gaol-delivery aforesaid, were tried: And that upon that trial, between our said late lord the king, and the said William Ire

London aforesaid, to wit, at the Justice-Hall

in the Old Bailey aforesaid, in the parish of St. Sepulchre, in the Ward of Farringdon, without, London aforesaid, the defendant (Titus Oates) late of the parish of St. Sepulchre aforesaid, in the ward aforesaid, Clerk, was produced as a witness, on the part of the said late lord the king, upon the trial aforesaid; and before the said justices of gaol-delivery, in the court aforesaid, then and there held, upon the Holy Gospels of God, was duly 'sworn to speak and testify the truth, the whole truth, and nothing but the truth, of and in the premises between our said lord the

Pickering and John Grove. And that the ⚫ said Titus Oates then and there, in the court of gaol-delivery aforesaid, upon his oath

misprisions, confederacies, false allegations, trespasses, riots, routs, retainers, escapes, contempts, oppressions; and of other articles, and offences in the same letters patents of our said lord the king, specified: as also, the accessaries of the same, within the county 'aforesaid, as well within liberties as without, by whomsoever and howsoever had, done, perpetrated or committed'; and of other articles and circumstances concerning the pre

6

• 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 give in evidence to the jurors of the jury aforesaid, then and "there sworn and impannelled, to try the issue ⚫ aforesaid between our said late lord the king, and the said William Ireland, Thomas Pick⚫ering and John Grove; that the said William Ireland, in the indictment aforesaid men-mises, howsoever, and the same treasons ⚫tioned, was in town (within the cities of London and Westminster, or the places adjacent to the said cities meaning) upon the 1st or 2d day of September, in the year 1678. Whereas in ⚫ truth and in deed the said William Ireland, in 'the indictment aforesaid mentioned, was not. "in town nor within the cities of London and Westminster, or the places adjacent to the same cities, or either of them, upon the 1st or 2d day of September, in the year 1678. And so the aforesaid Titus Oates, the afore'said 17th day of December, in the 30th year 'aforesaid, at the Justice-Hall aforesaid, in the court aforesaid, upon the trial aforesaid, upon the indictment aforesaid, between our late lord the king, and the aforesaid William • Ireland, Thomas Pickering and John Grove, 'so as aforesaid had, by his own, act and conIsent, and of his most wicked mind, falsely, voluntarily and corruptly, in manner and form aforesaid, did commit voluntary and corrupt perjury.

And the jurors aforesaid, last sworn to enquire for our said lord the king, and the body of the city of London aforesaid, upon their ⚫ oaths aforesaid, do further present, that at ano⚫ther session of our said late lord the king, held for the county of Middlesex, at Hick's-hall in St. John street, in the county aforesaid, on • Thursday (to wit) the 12th day of June, in the 31st year of our said late lord king Charles 2, be'fore sir Philip Matthews, baronet, sir Thomas "Orby, knight and baronet, sir William Pultney, • knight, sir William Bowles, knight, Thomas Robinson, Thomas Harriot, esquires, and others their companions, by letters patents of our said

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and other the premises to hear and determine according to the law and customi of this kingdom of England being assigned by the oaths of Henry Ashurst esq. Edward Gravel, John Radford, John Warrel, William Hanmer, Robert Pritchard, John Tredder, Gilbert Ureweyn, David Collivex, Abraham Harrison, Charles Morgan, Philip Trehearn, John Collier, Robert Whiterod, William Webb, Thomas Edwards and Abraham Tillent, honest and lawful men in the county aforesaid, sworn and charged to enquire for our said lord the king, and the body of the county aforesaid; upon their oaths, it was presented, That Thomas White, late of the parish of St. Giles in the fields, in the county of Middlesex, clerk, otherwise called Thomas Whitebread, late of the parish aforesaid, in the county aforesaid, clerk; John Fenwick, late of the parish aforesaid, in the county aforesaid, clerk; William Harcourt, late of the parish aforesaid, in the county aforesaid, clerk, otherwise called William Harrison, late of the parish aforesaid, in the county aforesaid, clerk; John Gavan, late of the parish aforesaid, in the county aforesaid, clerk; and James Corker, late of the parish aforesaid, in the county aforesaid, clerk; as 'false traitors against the most illustrious, most serene and excellent prince, our late sovereign lord king 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

late lord the king, to the same justices afore-the instigation of the devil, the cordial love,

the true, due, and natural obedience, which true and faithful subjects of our said lord the king towards him our said lord the king should, and of right ought to bear; wholly withdrawing, and contriving, and with all their might intending the peace and common tranquillity of this kingdom of England to disturb; and the true worship of God within

• named, and others, and to any four or more ⚫ of them, under the Great Seal of our said late lord the king made, to enquire, by the oaths of good and lawful men of the county of Middle'sex aforesaid, and by all other ways, manners and means, by which they might or could better know, as well within liberties as without by whom the truth of the matter might be ⚫ best known and enquired, of all treasons, mis-this kingdom of England used, and by law prisions of treasons, insurrections, rebellions,

(

established, to overthrow; and the govern

counterfeitings, clippings, washings, false-ment of this kingdom of England to subvert, making, and other falsifyings of the money of

and sedition and rebellion within this kingdom

this kingdom of England and of other king-of England to move, stir up, and procure; and 'doms and dominions whatsoever; and of all • murders, felonies, manslaughters, killings, • burglaries, rapes, meetings, and unlawful con⚫ venticles; speakings of words, combinations,

* See vol. 7, p. 124 of this Collection.

VOL. X.

the cordial love, and true and due coedience, which true and faithful subjects of our lord the king towards him the said lord the king, should, and of right ought to bear, utterly 'to withdraw, put out, and extinguish; and our 'said late lord the king to death and final des4 K

truction to bring, and put, the 24th day of April, in the 30th year of the reign of our 'said late lord king Charles 2, &c. at the pa'rish of St. Giles in the fields, and the county * of Middlesex aforesaid, with divers other false 'traitors against our said late lord the king, to the jurors aforesaid unknown, falsely, sub-consultations and agreements aforesaid, af

said Thomas White otherwise Whitebread, John Fenwick, John Gaven, Anthony Turner, William Harcourt otherwise Harrison, and 'other false traitors against our said late lord the king, to the jurors unknown, in thẹ further prosecution of the treasons and traitorons

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terwards (to wit) the said 24th day of April, in the 30th year aforesaid, at the aforesaid parish of St. Giles in the fields, in the county of Middlesex aforesaid, falsely, subtilly, advisedly, maliciously, devilishly, and traitorously,did severally give their faith each to other; and upon the sacrainent, then and there trai

him the said late lord the king traitorously to 'kill and murder, and to introduce the Romish religion, to be used within this kingdom of England, and the religion within this kingdom of England rightly and by the laws of this

6

and that the said Thomas White otherwise Whitebread, John Fenwick, William Harcourt otherwise Harrison, John Gaven, Anthouy Turner, James Corker, and other false traitors to the jurors aforesaid unknown, in further prosecution of the treasons and trai

tilly, advisedly, maliciously and traiterously 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 king-torously did swear and promise to conceal, and dom of England, utterly to deprive, depose, 'not to divulge their said most wicked treasons 'cast down, and disinherit; and him our said and traitorous compassings, consultations and late lord the king to death and final destruc-purposes aforesaid, so between them had, tion to bring and put, and the government of the same kingdom, and the sincere religion of God in the same kingdom, rightly and 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 Eng-kingdom established, to alter and change; land, through all its parts well instituted and ordered, wholly to subvert and destroy; and war against our late lord the king, within this kingdom of England to levy: and to 'perfect and complete the same, their most wicked treasons and traiterous imaginations, and purposes, they the said Thomasterous intentions and agreements aforesaid, White otherwise Whitebread, John Fenwick, William Harcourt otherwise Harrison, John Gaven, Anthony Turner, and James Corker, and other false traitors to the jurors aforesaid ⚫ unknown, the aforesaid 24th day of April, in the 30th year aforesaid, with force and arms • aforesaid, at the parish of St. Giles in the 'fields aforesaid, in the county of Middlesex aforesaid, falsly,, maliciously, subtilly, advisedly, devilishlyand traitorously did assemble, unite and gather themselves together; then and there falsly, maliciously, subtilly, ⚫ advisedly, devilishly, and traitorously did con sult, consent and agree our said late lord the king to death and final destruction to bring and put, and the religion within this king• dom of England, rightly and by the laws of the same kingdom established to change and alter, to the superstition of the church of Rome, and the government of this kingdom of England to subvert; and that one Thomas • Pickering, and one John Grove, him our said ⚫ late lord the king should kill and murder: and that they the said Thomas White otherwise Whitebread, John Fenwick, William Har-James Edwards, knight, mayor of the city of

'court otherwise Harrison, John Gaven,

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afterwards (to wit) the said 24th day of April in the 30th year aforesaid, at the parish afore said, in the county aforesaid, falsely, subtilly, advisedly, maliciously, devilishly and traiterously, did prepare, persuade, excite, abet, 'comfort and counsel four other persons to the jurors unknown, and subjects of our said late lord the king, him our said late lord the king traitorously to kill and murder, against the duty of their allegiance, and against the peace of our said late lord the king, his crown and dignity, and against the form of the statute in that case made and provided. Whereupon, it was commanded the sheriff of the county aforesaid, that he should not omit, &c. but should take them to answer, &c.

Which indictment the said justices of our said lord the king, afterwards (to wit) at the Gaol delivery of our said lord the king, of Newgate, holden by adjournment for the county ' of Middlesex, at Justice-Hall in the OldBailey in the suburbs of the city of London, on Friday (to wit) the thirteenth day of June in the 31st year aforesaid, before sir

London; sir William Scroggs, knight, ford chief justice of his majesty's Court of King'sbench; sic Francis North, knight, lord chief justice of his majesty's Court of CommonPleas: sir Thomas Allen, knight and bart., 'one of the aldermen of the said city of London; sir George Jefferies, knight, recorder of the said city of London; and other their companions, justices of our said lord the king, assigned to deliver his Gaol of Newgate of the prisoners in the same being, by their own

and

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otherwise Harrison, John Gaven, and An

'proper hands did deliver there, in the court of | Gaven, and Anthony Turner. And that the record, in form of law to be determined: 'said Titus Oates, then and there, at the sesAnd thereupon, at the said gaol-delivery of sion aforesaid last mentioned, in the Justiceour lord the king of Newgate, holden by the Hall aforesaid, in the court of the same ses adjournment aforesaid, for the county sion upon his oath aforesaid, upon the indict aforesaid, at Justice-Hall aforesaid the said 'ment last aforesaid, by his own proper act Friday the 13th of June, in the 31st year and consent, of his most wicked mind, false'aforesaid, before the aforesaid justices of ly, voluntarily and corruptly did say, depose, our said late lord the king last named 'swear, and give in evidence to the Jurors of came the said Thomas White otherwise the Jury aforesaid last mentioned, so as aforeWhitebread, John Fenwick, William Har-said sworn and impannelled to try the issue 'court otherwise Harrison, John Gaven and aforesaid between our said late lord the king, Anthony Turner, under the custody of sir and the said Thomas White otherwise WhiteRichard How, knight, and sir George Chap-bread, John Fenwick, William Harcourt <man, knight, sheriff of the county aforesaid; 'into whose custody, for the cause aforesaid, they were before that time committed; being brought to the bar there, in their proper 'persons; who were committed to the afore'said sheriff, &c. And immediately being se'verally demanded concerning the premises 'aforesaid, in the indictment aforesaid specified, charged upon them as above, how they would thereof acquit themselves; the said Thomas White, otherwise Whitebread, John Fenwick, William Harcourt otherwise Harrison, John Gaven and Anthony Turner, did severally say, that they were not thereof guilty thereupon, for good and bad, did severally put themselves upon the country. And thereupon, upon the indictment aforesaid last recited, at the session of our lord the king, at the Justice-Hall in the Old-Bailey, it was so far proceeded, that the issue aforesaid between our 'said late lord the king and the said Thomas White otherwise Whitebread, John Fenwick, William Harcourt otherwise Harrison, John Gaven, and Anthony Turner, afterwards (to wit) the aforesaid Friday the 15th day of June in the 31st year aforesaid, at JusticeHall aforesaid, by a certain jury of the country in that behalf duly impannelled, 'sworn and charged, was tried; and that upon the trial of the issue aforesaid last mentioned, between our said late lord the king, and the said Thomas White otherwise Whitebread, John Fenwick, William Harcourt, otherwise Harrison, John Gaven, and Anthony Turner, at London aforesaid, (to wit) at the JusticeHall in the Old-Bailey aforesaid, in the parish of St. Sepulchre, in the ward of Farringdon ⚫ without London aforesaid, the said defendant, Titus Oates, was also a witness produced on 'behalf of our said late lord the king, upon the trial aforesaid, upon the indictment last aforesaid: And he, the aforesaid Titus Oates, then and there at the session last aforesaid, at the Justice-Hall aforesaid, in the court of the 'same session (to wit) at the parish and ward aforesaid, was duly sworn upon the Holy Gospels of God to speak and testify the truth, the whole truth, and nothing but the truth of, and in the premises, in the issue aforesaid last mentioned, so as aforesaid joined between our said late lord the king, and the said Thomas White otherwise Whitebread, John Fenwick, 'William Harcourt otherwise Harrison, John

thony Turner; That William Ireland (ond William Ireland then before convicted and executed for high-treason against our late lord the king, meaning) took his leave of him 'the said Titus Oates and others, at the chamber of the said William Ireland, then being in Russel-street (a certain street called Russelstreet, lying within the city of Westminster, in the county of Middlesex, meaning) between the 8th and 12th day of August, in the year of our Lord 1678.* Whereas, in truth and in deed, the said William Ireland did not take his leave of the said Titus Oates, or any other persons whatsoever, at the chamber of the said William Ireland, then being in Russel-street aforesaid, between the said 8th and 12th days of August, in the year of our Lord 1678. And so the said Titus Oates, upon the said Friday the 13th day of June, in the 31st year aforesaid, at the session last 'aforesaid, at the Justice-Hall aforesaid, in the court of the same session, upon the in'dictment last aforesaid, so put in issue, and tried as aforesaid, between our said late lord the king, and the said Thomas White, other'wise Whitebread, John Fenwick, William Harcourt otherwise Harrison, John Gaven, and Anthony Turner, by his own proper act and consent, and of his most wicked mind, 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 the like case offending, and against the peace of our sovereign lord the king, his crown and dignity. Upon this indictment he has been ' arraigned; and thereunto hath pleaded, Not Guilty and for his trial, hath put himself upon the country, and his majesty's Attorney'General likewise; which country you are; your charge is, to enquire, whether the defendant, Titus Oates, be guilty of the perjury 'he stands indicted, or Not Guilty. If you find him Guilty you are to say so; if you 'find him Not Guilty, you are to say so, and no more: and hear your evidence."

L. C. J. (Sir George Jefferies.) Look ye, Mr. Attorney, my lord chief justice Jones has

* See vol. 7, p. 327, of this Collection.

L. C. J. Mr. Oates, do you intend to make use of my lord chief justice Jones, or any of the judges of the Common-Pleas as witnesses?

Oates. Yesterday, my lord, I did call for them, to have made use of them as witnesses. L. C. J. But have you any thing to say to them to-day?

Oates. I cannot tell as yet.

the year of our Lord 1678. And so the said Titus Oates did then and there commit wilful

and corrupt perjury. And this is laid to be to the great displeasure of Almighty God, in contempt of the laws of this land, to the evil and pernicious example of all others in the like case offending, and against the king's peace, crown and diguity. To this he has pleaded, Not Guilty. If we prove it, we do not question, but you will find him Guilty.

Att. Gen. May it please your lordship, and you gentlemen of the jury; Mr. Oates stands indicted for having perjured himself: the instances, gentlemen, that we charge him with, are these: first, what he swore at the trial of

September, 1678. The second instance is, what he swore at the trial of the Five Jesuits: and there we say, he did swear, that Ireland was in town between the 8th and 12th of Au

in town at his chamber in Russel-street; and we do charge him by this indictment, that he has forsworn himself in both instances: and that Ireland, gentlemen, was neither in town between the 8th and 12th of August, nor the 1st or 2nd of September. And we shall make it out very evidently: for, gentlemen, as to the proof in this case, our case stands thus: we say, that the Srd of August, 1678, Ireland went into Hertfordshire, to a house of my lord Aston's, and from thence went into Staffordshive. I will not stand to open the particulars where he was every day; but we shall give you an account, in a method very easy to be remembered and observed, where he was till the 14th of September. But one remarkable instance, gentlemen, I desire to take particular notice of; and that is, the time of Pancras fair, which is upon the 2nd of September always, a known day, and a known place in that country. Now we have among the rest, many witnesses to prove, that Mr. Ireland was there that day, and not in town. And when we have proved this, as we shall by a whole cloud of witnesses, I believe, you gentlemen of this jury, will no more doubt that Mr. Oates is forsworn in these particulars, than the jury yesterday did in that particular; nor than, I believe, the whole kingdom does by this time.

L. C. J. Then my Lord Chief Justice Jones must be told, that he does not know, whether he shall, or not. Go on, sir Samuel Astry. [Then Proclamation was made for informa-Ireland; and we say, that at that trial he did swear Ireland was in town the 1st or 2nd of tion, and Evidence was made in usual manner.] Mr. Phipps. May it please your lordship, and you, gentlemen of the jury, this is an indictment against Titus Oates, clerk, for perjury and this indictinent sets forth, that Wil-gust, and that he took his leave of him here Jiam Ireland, Thomas Pickering, and John Grove, in the 30th year of the late king, were indicted of high-treason, and tried at the OldBailey; and at that trial, the defendant, Titus Oates, was produced a witness for the king; and being sworn to tell the truth, the whole truth, and nothing but the truth, did falsely, voluntarily, and corruptly, depose, and swear, and give in evidence to the jury that did try that cause, that the said William Ireland was in town (within the cities of London and Westminster, or the places adjacent, meaning) upon the first or second day of September, in the second year 1678. Whereas, in truth, the said William Ireland was not in town, nor within the cities of London and Westminster, or the places adjacent, upon the first or second day of September, in the year 1678; and so the said Titus Oates hath committed wilful and corrupt perjury. And the indic.ment further sets forth, that upon the 13th day of June, in the 31st year of the late king, Thomas White otherwise White bread, John Fenwick, William Harcourt otherwise Harrison, John Gaven, and Anthony Turner, were indicted and tried at the OldBailey for treason, and at that trial the said Titus Oates was a witness produced on the part of the king and being sworn to testify the truth, the whole truth, and nothing but the truth, by his own act and consent, of his own most wicked mind, falsely, voluntarily and corruptly did depose and swear, and give in evidence to the jury, that William Ireland (one William Ireland, before that time convicted and executed for high-treason, meaning) did take his leave of him the said Titus Oates, at his the said William Ireland's chamber, then being in Russel-street, between the Sth and 12th day of August, in the year of our Lord 1678. Whereas, in truth, the said William Ireland did not take his leave of him the said Titus Oates, or of any other persons what-evidence for me. soever, at his the said William Ireland's cham

Sol. Gen. My lord, we shall go to our evidence; and first, we produce the Records of the two Trials of Ireland, and the five Jesuits. Swear Mr. Swift. [Which was done.] Pray, Sir, put in the Records. Are those true copies ?

Mr. Swift. My lord, I examined these Records with the originals, and they are true copies.

Att. Gen. Mr. Oates, will you have them read? Or, to save the time of the Court, will you agree them?

Oates. My lord, I consent to save the time of the court; if they shall be made use of for

L. C. J. No doubt they are evidence for you

ber, then being in Russel-street aforesaid, be- as well as against you, when they are protween the said 8th and 12th day of August, induced here.