Very well , Sir I do not except against you , only I desire to know , whether it were you or not .

Swear him , ( which was done . )

My Lord , I challenge him .

You speak too late , he is sworn already .

My Lord , they are so quick , I could not speak , but he was one of the Grand Jury too .

We cannot help it now .

I did know that he was so , but to shew that we mean nothing but fair , we are content to wave him .

You do very well Mr. Attorney General ; let him be withdrawn .

Mr. Kempe , you may take your case ; swear Ambrose Isted , ( which was done . )

Cryer , count these .

One , &c. Sir William Dodson .

Richard Howard .

Twelve good men and true , hearken to the Record , and stand together , and hear the Evidence .

The Names of the Twelve , sworn , were these . Jury . Sir William Dodson , Sir Edmund Wiseman , Richard Aley , Thomas Fowlis , Thomas Blackmore , Peter Pickering . Robert Beddingfield , Thomas Rawlinson , Roger Reeves , Ambrose Isted , Henry Collier and Richard Howard ,

Before the Councel opens the Cause , I desire to move one thing to your Lordship

What is it you would have ?

My Lord , I have three Witnesses that are very material one's 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 .

We cannot do it .

Pray , Good my Lord , they are very material Witnesses for me , and I mov'd yesterday for them .

You did so , but we told your Councel then , and so we tell you now , we cannot do it by Law , it will be an escape .

My Lord , I shall want their Testimony .

Truely we cannot help it , the Law will not allow it , and you must be satisfied .

Gentlemen , you that are sworn of this Jury , hearken to the Record , by Virtue of an Inquisition taken at Justice Hall in the Old Bayly , in the Parish of St. Sepulcher , in the Ward of Faringdon without , London , upon Wednesday the 10th . of December , in the 36th . of the Raign of our late Soveraign Lord Charles the II. by the grace of God , of England , Scotland , France and Ireland King , Defender of the Faith , &c. Before Sir James Smith Knight , Mayor of the City of London ; Sir George Jefferies Knight and Baronet , Lord Chief Justice of this Honourable Court ; Sir Thomas Jones Knight , Lord Chief Justice of the Court of Common Pleas ; William Montague Lord Chief Baron of the Exchequer ; Sir James Edwards Knight ; Sir John More Knight , Aldermen of the said City ; Sir Thomas Jenner Knight , one of his Majesties Sergeants at Law , and Recorder of the same City , and others , their Companions , Justices of Oyer and Terminer , 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 Lord the King , and the Body of the City aforesaid , upon their Oaths present , that at the Session of our Soveraign Lord the King , holden for the County of Middlesex , at Hick's Hall , in St. John's Street , in the County aforesaid , on Monday , to wit , 16 Deaem . in the year of the Raign of our late Soveraign Lord , Charles the Second , of England , Scotland , France and Ireland King , Defender of the Faith , &c. the thirtieth before Sir Reginald Forster Baronet , Sir Philip Matthews Baronet , Sir William Bowls Knight , Sir Charles Pitfield Knight , Thomas Robinson , Humphrey Wyrley , Thomas Hariott , and William Hempson Esquires , Justices of the said Soveraign Lord the King , to enquire by the Oath of Honest and Lawful Men of the County of Middlesex aforesaid , and by other Ways , manners , means , by which they might better know , as well within Liberties as without , by whom the Truth of the matter may be better known and enquired , of whatsoever Treasons , Misprisions of Treasons , Insurrections , Rebellions , Counterfeitings , Clippings , washings and false makings of the Money of this Kingdom of England , and of other Kingdoms and Dominions whatsoever ; and of whatsoever Murders , Felonies , Man-slaughters , Killings , Burglaries , and other Articles and Offences in the Letters Pattents of our said Soveraign Lord the King , to them , or any four , or more of them therefore directed , specified , as also the Accessaries of the same within the County aforesaid , as well within Liberties as without , by whomsoever , howsoever had , made , done or committed ; and the said Treasons , and other the Premises to hear and determine , according to the Law and Custom of this Kingdom of England , being assigned by the Oath of Ralph Wain , John Vaughan , Richard Foster , Thomas Paget , Robert Newington , Henry Tompkins , Robert Hays , John Greenwood , Peter Stimpson , Josias Crosley , Richard Richman , Augustine Bear , John King , Nathaniel Brett , Francis Fisher , and Samuel Linn , Honest and Lawful Men of the County aforesaid , sworn , and charged to enquire for our said Soveraign Lord the King , and the Body of the County aforesaid , upon their Oaths . It was presented , that Thomas White , otherwise Whitebread , late of the Parish of St. Giles in the Fields , in the County of Middlesex Clerk , William Ireland late of the Parish aforesaid , in the County aforesaid Clerk , John Fenwick , late of the Parish aforesaid , in the County aforesaid , Clerk , Thomas Pickering of the Parish aforesaid , in the County aforesaid , Clerk , John Grove of the Parish aforesaid , in the County aforesaid , Gent. as false Traitors against the most Illustrious , Serene , and most excellent Prince , our said late Soveraign Lord Charles the Second , by the Grace of God , of England , Scotland , France and Ireland King , Defender of the Faith , &c. Their Supreme and Natural Lord , not having the Fear of God in their Hearts , nor weighing the Duty of their Allegiance , but being moved and seduced by the Instigation of the Devil : The Cordial Love , and True and Natural Obedience , which faithful Subjects of our said Soveraign Lord the King towards him , should , and of right ought to bear , utterly withdrawing , and contriving , and with all their Might intending the Peace and Tranquility of this Kingdom of England to disturb , and the true Worship of God within this Kingdom of England used , and by Law established , to subvert , and Rebellion within this Kingdom of England to move , stir up , and procure , and the Cordial Love , and true and due Obedience , which Faithful Subjects of our said Lord the King , towards him , the said Soveraign Lord the King , should , and of right ought to bear , utterly to withdraw , put out , and extinguish , and our said Soveraign Lord the King , to Death and final Destruction to bring and put , the four and twentieth day of April , in the year of the Reign of our late Soveraign Lord Charles the Second , by the Grace of God , of England , Scotland , France and Ireland King , Defender of the Faith , &c. the thirtieth , at the Parish of St. Giles in the Fields , in the County aforesaid , falsly , maliciously , subtilely , advisedly , and trayterously did purpose , compass , Imagine and Intend , Sedition and Rebellion within this Kingdom of England to move , stir up and procure , and a miserable Slaughter among the Subjects of our said Lord the King to procure and cause , and our said late Lord the King from the Regal State , Title , Power and Government of his Kingdom of Enggland utterly to deprive , depose , cast down , and dis-inherit , and him our said late Soveraign Lord the King to Death , and final Destruction to bring and put , and the Government of the said Kingdom , and the sincere Religion of God , rightly by the Laws of the said Kingdom established , at their Will and Pleasure to change and alter , and the State of this whole Kingom of England , throughout all its parts , well instituted and ordain'd , wholly to subvert and destroy , and war against our said late Soveraign Lord the King , within this Kingdom of England to levy , and those their most wicked Treasons , and Traiterous Imaginations and Purposes aforesaid to fullfil and perfect , They the aforesaid Thomas White , alias Whitebread , William Ireland , John Fenwick , Thomas Pickering , and John Grove , other false Traytors to the Jurors not known , the said four and twentieth day of April , in the year of the Reign of our said late Soveraign Lord the King , the Thirtieth , with Force and Arms &c. at the Parish of St. Giles in the Fields , in the County of Middlesex aforesaid , falsly , maliciously , subtilely , advisedly , Devilishly , and Traiterously did assemble themselves , unite and meet together , and then and there falsly , maliciously , subtilely , advisedly , devilishly , and Trayterously , did consult and agree our said late Soveraign Lord the King to Death , and final Destruction to bring and put , and the Religion within this Kingdom of England , rightly , and by the Laws of the same Kingdom established , to the Superstition of the Romish Church , to change and alter , and the sooner to fulfil and perfect their said most wicked Treasons , and Traiterous Imaginations , and purposes , they , the said Thomas White , alias Whitebread , William Ireland , John Fenwick , Thomas Pickering : and John Grove , and other false Traytors of our said late Soveraign Lord the King , to the Jurors unknown , afterwards , to wit , the same 24th , day of April , in the said 30th . year of our said late Soverain Lord the King , at the said aforesaid Parish of St. Giles in the Fields , in the County aforesaid , falsly , subtilely , advisedly , devilishly , and Trayterously among themselves , did conclude and agree , that they the aforesaid Thomas Pickering , John Grove , him , the said late Soveraign Lord the King should kill and murder , and that they the said Thomas White , alias Whitebread , William Ireland , John Fenwick and other false Traytors to the Jurors unknown : A certain number of Masses between them , then and there , agreed for the Health of the Soul of him the said Thomas Pickering , therefore should say , Celebrate and perform , and therefore should pay unto the said John Grove a certain Sum of Money between them , then and there agreed ; and the Jurors aforesaid , upon their Oath aforesaid , did further present , that the said Thomas Pickering and John Grove , upon the agreement aforesaid , then and there , falsly , subtilely , advisedly , Maliciously , devilishy and Trayterously did take upon them , and did promise to the said Thomas White , alias Whitebread , William Ireland , John Fenwick , and other false Traytors of our late said Soveraign Lord the King to the Jurors aforesaid unknown , then and there , falsly , subtilely , advisedly , maliciously , devilishy and Trayterously , did promise that they the said Thomas Pickering and John Grove would kill and murder our said late Soveraign Lord the King , and they , the said Thomas White , alias Whitebread , William , Ireland , John Fenwick , Thomas Pickering , John Grove , and other false Traytors of oursaid late Soveraign Lord the King afterwards , to wit , the said four and twentieth day of April ; in the thirtieth year aforesaid , at the said aforesaid Parish of St. Giles in the Fields , in the County of Middlesex aforesaid , subtilely , advisedly , maliciously , devilishly , and Trayterously , did severally every one of them give their Faith each to the other , and upon the Sacrament then and there trayterously did swear and promise , to conceal , and not to divulge their said most wicked Treasons , and Trayterous Compassings , Consultations and Purposes so between them had , him , our said late Soveraign Lord the King , Trayterously to kill and murder , and the Romish Religion in this Kingdom of England to be used , to introduce , and the true Reformed Religion in this Kingdom of England rightly , and by the Laws of the same Kingdom established , to alter and change ; and that the said aforesaid Thomas Pickering , and John Grove , in Execution of their Traiterous Agreement aforesaid afterwards , to wit , the same Four and Twentieth day of April , in the Thirtieth year aforesaid ; and divers other days and times after , at the said aforesaid Parish of St. Giles in the Fields , in the County aforesaid , Muskets , Pistols , Swords , Daggers , and other offensive and cruel Weapons , him , the our said late Soveraign Lord the King to kill and murder , falsly , subtilely , advisedly , maliciously , and Trayterously did prepare , and obtain for themselves , had and kept , and that they the aforesaid Thomas Pickering and John Grove afterwards , to wit , the said Four and Twentieth Day of April , in the Thirtieth year aforesaid , and divers days and times afterwards , with Force and Arms &c. at the Parish aforesaid , in the County aforesaid , and in other places within the County of Middlesex aforesaid , falsly , subtilely , advisedly , maliciously , devilishly and Trayterously did lie in wait , and indeavour our said late Soveraign Lord the King to murder , and that the said Thomas White , alias Whitebread , William Ireland , John Fenwick , and other false Traitors to the Jurors unknown , afterwards , to wit , the same Four and Twentieth day of April , in the Thirtieth year aforesaid , at the Parish aforesaid , in the County of Middlesex aforesaid , falsly , subtilely , advisedly , maliciously , devilishly and Trayterously did prepare , perswade , excite , abett , comfort and counsel Four other Persons , Men to the Jurors unknown , and Subjects of our said late Soveraign Lord the King , him our said late Soveraign Lord the King Trayterously to kill and murder against the Duty of their Allegiance , against the Peace of our said late Soveraign Lord the King , his Crown and Dignity , and against the Form of the Statute in that Case made and provided , and thereupon it was so far proceeded , that afterwards , to wit , at the Court of Goal-delivery of our Soveraign Lord the King , of Newgate , at Justice Hall in the Old Baily , in the Suburbs of the City of London , in the Parish of St. Sepulchre , in the Ward of Farington without , London aforesaid , the seventeenth day of December , in the Thirtieth year aforesaid , before the Justices of our said Lord the King , then and there being present , held by adjourment for the County of Middlesex aforesaid , before whom the Indictment aforesaid was then depending , came the aforesaid William Ireland , Thomas Pickering , and John Grove under the Custody of Sir Richard How Knight , Sir John Chapman Knight , Sheriffs of the County of Middlesex aforesaid , into whose Custody , for the Cause aforesaid before that were committed , being there brought to the Bar in their proper Persons , and immediately being severally spoken unto concerning the Premisses above charged upon them , how they would acquit themselves thereof ; the aforesaid William Ireland , Thomas Pickering , and John Grove did say that they were not thereof guilty , and for the same , for good and bad , they severally put themselves upon the Country , and by a certain Jury of the Country on that behalf , in due manner Impaneld , sworn and charged , then and there , in the same Court before the Justices of Goal delivery aforesaid were tryed , and that upon that Tryal between our said late Soveraign Lord the King , and the aforesaid William Ireland , Thomas Pickering , and John Grove at London aforesaid , to wit , at Justice Hall in the Old Baily aforesaid , in the Parish and Ward aforesaid , the Defendant Titus Oates , by the name of Titus Oates , late of the Parish of St. Sepulchre aforesaid , in the Ward aforesaid , Clerk , was a Witness produced on the Behalf of our late Soveraign Lord the King upon the Tryal aforesaid , and before the aforesaid Justices of Goal-delivery in the Court aforesaid , then and there held , upon the Holy Evangelists of God , to speak and testifie the Truth , the whole Truth , and nothing but the Truth , of , and in the Premisses between our said late Soveraign Lord the King , and the aforesaid William Ireland , Thomas Pickering , and John Grove , put in Issue , was duely sworn , and that he , the aforesaid Titus Oates , then and there , in the Court of Goal delivery aforesaid , upon his Oath aforesaid , upon the Indictment aforesaid , at the Parish and Ward aforesaid , by his own proper act and consent , of his most wicked Mind , falsly , voluntarily , and corruptly did say , depose , swear , and to the Jurors of the Jury aforesaid , then and there sworn , and Impanel'd to try the Issue aforesaid , between our said late Soveraign Lord the King , and the aforesaid William Ireland , Thomas Pickering , and John Grove , did give in Evidence , that there was a Trayterous Consult of Jesuits that were assembled at a certain Tavern , called the White Horse Tavern in the Strand , ( in the White Horse-Tavern in the Strand , in the County of Midd. aforesaid , meaning ) upon the Four and Twentieth day of April , in the Year of our Lord 1678. At which Consult , Whitebread , Fenwick , Ireland , ( the aforesaid Thomas White , alias Whitebread , John Fenwick , and William Ireland , meaning ) and he the said Titus Oates , were present , and that the Jesuites aforesaid did separate themselves into several lesser Companies , and that the Jesuites aforesaid came to a resolution to murder the said our late Lord the King , and that he , the said Titus Oates did carry the Resolution aforesaid from Chamber to Chamber , and did see that Resolution signed by them ( the aforesaid Jesuites meaning ) whereas in truth and in deed ; the aforesaid Titus Oates was not present at any Consult of the Jesuites at the White Horse-Tavern aforesaid , in the Strand , in 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 Decemb. in the Thirtieth Year aforesaid , at the Justice Hall aforesaid , in the Court aforesaid , upon the Tryal 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 , falsly , 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 Soveraign Lord the Knig , his Crown and Dignity . Upon this Indictment he has been Arraign'd , and thereunto hath pleaded not Guilty , and for his Tryal hath put himself upon the Country , and His Majestie 's Attorney General likewise , which Country are you , 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 to , if you find him not guilty you are to say so , and no more , and hear your Evidence . Cryer , make Proclamation .

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 Latine .

Let it be read in Latin .

Juravit & jur' jurat' predict' ad tunc et ibidem jurat' et impanelat' ad triena exitum predict inter dict' Dn'um nostrum Regem et prefat ' Will'm Ireland , Thomam Pickering , et Iohannem Grove in Evidentiis dedit , quod fuit proditoria Consultatio , Anglicae ; Consult' Jesuit' qui Assemblat' fuer' apud quandam Tabernam , vocat ' the White Horse Tavern in le Strand . ( Le White Horse Tavern in le Strand in Com' Mid' predict' innuendo ) super vicesimum quartum diem April ' Ann. Dom. milesimo sexcentesimo , septuagesimo Octavo , ad quam quidere Consultationem , Whitebread , Fenwick , Ireland predict ' Thomam White , alias Whitebread , Johannem Fenwick , et William Ireland innuendo ) et prefat ' Titus Oates fuer' present' et quod Jesuitae predict' sese separaver' in seperales minores Conventus quodque Jesuitae predict' venerunt ad Resolutionem ad murdrand dictum Dn'um Regem , et quod ipse idem Titus Oates portavit Resolutionem predict' a Camera ad Cameram , et videbat Resolutionem , illam signat' per ipsos ( praefat. Jesuitas innuendo . ) That is the Perjury that you are said to have sworn .

Pray go on Sir , Ubi revera —

Ubi revera et in predict ' Titus Oates non presens fuit ad aliquam Consultationem Jesuit' apud le White Horse Tavern predict' in le Strand , in Com' Mid' predict' super vicesimum quartum diem Aprilis Anno Domini milesimo sexcentesimo septuagesimo octavo , necportavit aliquam Resolutionem ad d'tum d'num Regem murdrand a Camera ad Cameram per aliquas Perfunas fignand' .

Now , you have read it , go on Sir to make your Proclamation .

Cryer , make an Ho-yes .

Ho-yes , If any one can inform our Soveraign Lord the King , the Kings Sergeant , the Kings Attorney General , or this inquest 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 .

May it please your Lordship , and you Gentlemen of the Jury —

My Lord , I desire your Lordship and the Court would be of Councel for me in one thing , which I take to be a Fault and Error in my Indictment .

Look you Mr. Oates , whatever you have to say of that nature , you must not speak to it now , you will have your time as to that hereafter , in case you be Convicted .

My Lord , I have but one small exception to open to you .

We are now upon the Fact only .

My Lord , I beg you would give me leave only to tell you of a mistake in the Indictment , which I hope , when I have opened , will satisfie your Lordship , that it ought not to be put upon me or the Court to try this Cause ; or to be sure , if there should be a Conviction , I hope I may move an Arrest of the Judgement .

So I tell you you may , but not now .

Good my Lord , hear me but a few Words , the Indictment charges me to have given such and such Evidence , that there was such a Consult of the Jesuites at the White-Horse Tavern in the Strand , the 24th . of April 1678. that the Jesuites did afterwards divide themselves in several lesser Companies , that they came there to a resolution to murder the late King , and that I swore that I carryed that Resolution from Chamber to Chamber , and saw the Resolution signed by them , so the Word is , Signat ' , now the Perjury assigned is , that I was not present at that Consult , nor did carry the Resolution from Chamber to Chamber to be signed , and there the word is , Signand ' ; now I conceive if Signat ' be the word , that is used in setting forth the Oath that I made , The Assignment of the Perjury ought to follow that form , and the Word there ought to be Signat ' too , being Signand ' , I take that to be an Error .

Look , that is not proper at this time , as I told you at first , but withal I do not think there is any great matter in what you say .

Either I do not understand Mr. Oates , what he means by the Objection , or he will find himself much mistaken in it .