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1. TO the first he saith, That the Lord Brudnell was Bailed by the Court of the Kings-bench in open Court, and afterwards by the Court discharged; with this,* 1.1 That William Bedloe did importune the Lord Westmoreland to get the said Lord Brudnell discharged, for that he had nothing to say against him, as he said to the Lord Westmoreland.
2. To the second he saith, That as to his omitting or misrepeating the Evidence at Sir George Wakeman's Tryal, it is a reflection upon the whole Court, to suppose it true, and that they should let it pass. But he saith, that Mr. Oates being askt at that Tryal why he did not charge Sir George Wakeman at the Council-Table with a Letter un∣der his own hand concerning the Death of the King, he an∣swered, He did not know but that he did: To which it was replied, It is plain he did not; for then the Council would have committed him. To which Mr. Oates replied, That that Council would commit no body for the Plot; which might be the cause of the misdemeanour of frowning in the Articles mentioned.
3. To the third he saith, He doth not remember that ever he express'd much concerning their Credit before their Tryal; but that there were some passages at that Tryal which gave him great cause of doubt; which he hopes he might do, without making it an Article of Mis∣meanour.
4. & 5. To the fourth and fifth he saith, That the Persons in the Articles mentioned, were committed by him for publishing several Libellous and Scandalous Papers, which were proved against them upon Oath; which Com∣mitments, even of a Feme Covert also, notwithstanding Mr. Oates and Mr. Bedloe's Skill, were according to Law: though there is no Law for these persons to call me to ac∣count for Judicial acts done upon other men.
6. To the sixth, which is an insolent Scandal, he refer∣reth himself to the testimony of that Gentleman of Quality, whoever he be.
7. To the seventh he saith, That the persons in this Ar∣ticle were Bayled and discharged by the Court, where the Attorney-General was first called; but indeed Mr. Oates and Mr. Bedloe's Consent was not askt.
8. To the eighth, he saith, He conceives himself not obliged to do all the business that Justices of the Peace may do; and though without an offence he might have given such an answer as is mentioned, yet he did not, but a servant of his did.
9. To the ninth he saith, That when the Cause was tryed, he told the Jury the matter was plain, and so did the rest of the Court; upon which he went away, with∣out any Complement to Mr. Oates, to try Causes in Lon∣don.
10. To the tenth he saith, that Osbourne made onely two Affidavits before him, the substance of one was, That one Bowring a servant to Mr. Oates had said, that he had heard Mr. Oates say, That the Kingdom of England would never flourish, until it became Elective, and the Kings chosen by the People. The other Affidavit was, when he was sent to him by an Order of Council to be Examined, wherein amongst other things he Swears, That though at the Tryal of Knox and Lane, it was asked where Osborne was, and Mr. Oates his Counsel answered that he was fled, yet Osborne swears, that he at that time was at his Fathers House in the Country, and that Mr. Oates knew it; That he took his leave of him the day before he went, and told whither he went, and saw a Letter wrote by Mr. Oates to his Father to send for him; notwithstanding it was carred at the Tryal as if he had been fled no man knew whither; so that the Affidavit which the Article chargeth me for permitting to be made, was not Sworn before me.
11. He saith, it is more to be wondred how Mr. Oates should dare to Charge that as an Article of Misdeameanour, which was said in the Kings presence, and yet repeated falfe too.
12. That at Monmouth Assizes he did tell Mr. Bedloe, that
he was more unsatisfied about Mr. Langhorns Tryal than all the rest; and the rather, for that he was credibly in∣formed since the Tryal, that Mr. Langhorns Study was so scituated, that he that walked in his Chamber could not see Mr. Langhorne write in his Study: which was Mr. Bedloes Evidence.
13. He saith, the matter complained of is a meer Con∣tract with other Men, of which he thinks himself not bound to give Mr. Oates and Mr. Bedloe any other Account, but that by the taking of Twenty Guinies he lost forty; and that his backwardness to go into Court to Wakemans Tryal, makes it look as if he had not had Ten thousand pound to favour Wakeman in this Tryal.
If these Articles shall appear to your Majesty to be Frivo∣lous, or Scandalous, or not true; I humbly pray your Maje∣sties just Resentment thereon, in HONOUR TO YOUR COURTS AND GOVERNMENT.
And that such an unknown Attempt may not go un∣punished; That the Promoters may be left to be pro∣ceeded against according to Law.
The Articles of Dr. Titus Oates and Mr. William Bedloe, against the Lord Chief Justice Scroggs, were heard this 21th of January, 1679. before the King and Council; and upon the hearing of both sides, Dr. Oates and Captain Bedloe are left to be proceeded against according to Law.
See the Rules of Court.