THE PROCEEDINGS AT THE KING's BENCH-BAR, WESTMINSTER, Against TITUS OATS, On Saturday, the 16th. of this Instant May, 1685. Containing What Remarkably happened on his Receiving Sentence upon his being Twice Convicted of PERJURY. Together With the express Particulars of the said SENTENCE.  

Entred according to Order.    

TItus Oats being tried upon Two several Informations for PERJURY, on the 8th. and 9th. Instant, at the King's Bench-Bar, Westminster, and the Verdicts passing against him, after a full Hearing, he made several Objections, and prayed, he might have council assigned him, to debate in Point of Law such Errors as were convenient to be assigned upon the First Information, the Import of which Information was:  That he had sworn himself to be at a Consult of the Fathers, at the White-Horse Tavern in the Strand, on the 24th. of April, 1678. And that there they came to a Resolve upon the Death of His late most Sacred Majesty King Charles II. And that he the said Titus Oats, upon their separating into small Companies, carried the Resolve in writing from Chamber to Chamber, to be Signed, and saw it Signed by Ireland, Fenwick, and gavin; when, in truth, he was not there at that time, nor carried any Writing to that Purport to be Signed, &c. 
To this Request of his, the Court consented; and upon a second Request, gave him time till Saturday, the 16th. of May, 1685. to consider it, Council being for that purpose assigned him; when, about Ten in the morning of the day specified, under the conduct of a strong Guard, he was brought to the Bar.  
When after some Motions, Mr. Attorney General demanded judgement on the behalf of the King, against the Prisoner? Upon which, he was asked, What he could say, why the judgement of the Court should not pass upon him? To which he answered, that he could not get the Records till Thursday last, and therefore was not prepared as he ought, praying that he might have further time till monday: But was answered, that he had in that kind been indulged already, more than usual; for that the Course of the Court was, to proceed in four days after Verdict: Then he desired Mr. Wallop, counselor at Law, might Speak on his behalf, as to the Errors in Stay of judgement; but he replied, he had nothing Material to offer: Whereupon the Prisoner said, he had delivered a paper relating thereto, to Mr. Attorney General; which was produced, and red, specifying, that a person Swearing for the King in case of High-Treason, ought not to be brought upon his trial for Perjury, &c.  
That the word Signat, in the first Information, should, according to the Tenor, have been Signant. He Objected something about the Indictment being laid in London; as likewise Consistence of the whole Matter, on which, the Informations upon which he stood Convicted, was Grounded, &c. was only in Point of Time. To which he was Answered, That it was Lawful to Proceed against any Person notwithstanding his Giving Evidence for the King, if there were palpable Demonstrations of his Forswearing himself, especially in a Case of so High a Concern; for that in all Cases Criminal, as to Life, &c. the Evidence Swore for the King, unless in Case of an Appeal, &c.  
That if a man might be Convicted of Perjury, for swearing the stealing of a Horse, or the like, when the contrary appeared; much more in case of Forswearing, in a matter of so great Consequence.  
That as for the mistake of the Word, that was not material; for it did not excuse him from being perjured.  
As to the point of Time, it was wonderfully material in this Case, as well for the disproving the Treason, as that he was Forsworn; for if he was not there at the Time he swore to, he was not privy to, nor knowing that any such thing was done.  
That if Ireland was in Staffordshire at that Time he swore him to be at London, &c. he could not be guilty of Treason personally in Middlesex, as he,( meaning the Prisoner) had sworn, and therefore there appeared nothing for him that might delay the judgement that was to pass upon him on so fair and full a Conviction, &c.  
Thus, or to this effect, he being answered, and his Paper over-ruled, the Right Honourable the Lord Chief Justice proceeded to declare the Heinousness of the Crime, saying, It was formerly, by the Law of this Land, punishable with Death. And after that, being somewhat moderated, the Penalty was, to have the Parties Tongue cut out. And being yet farther taken into Consideration, the punishment was left to the discretion of the Court. So they proceeded not to Life or Member, notwithstanding his Lordship said he had Consulted all the Judges of England, and that they were unanimously of opinion, that the power was in the Court to proceed to any Sentence under that restriction; and having in a most Emphatical Speech, from point to point, related the matter at large, his Lordship left the pronunciation of the Sentence to Mr. Justice Withens, who  told the Prisoner, that his Nature, was Compassionate, and that he delights not in passing Sentence on his fellow Creatures; yet in case of such a Crime, he must confess he did it without remorse, and having further expressed himself in detestation of the Prisoners offence, and Eloquently discoursed it at large, he was pleased to Pronounce the following Sentence as the judgement of the Court, viz.  
That Titus Oats should be Fined 1000 Mark upon each Conviction.  
That on monday next, he walk about Westminster-hall, with a Paper upon his Forehead, mentioning his Crime: And afterward stripped of his caconical Habit, Stand Upon and In the Pillory before the Hall-Gate, between the hours of Eleven and One, for the space of an hour to Stand.  
The Tuesday following, for the space of an hour, before the Royal Exchange.  
On Wednesday, to be publicly whipped from Aldgate to Newgate.  
On friday to be whipped from Newgate to Tyburn.  
To stand in the Pillory the Ninth of August next, at Westminster.  
The Tenth at Charing-cross.  
The Eleventh, at Temple-Bar.  
The Second of September, at the Royal Exchange.  
The 24th. of April at Tyburn, with his Face to the Gallows.  
The last five times standing in the Pillory, to be performed Annually, during his Life, and likewise imprisoned for Life. Whereupon he was taken from the Bar.   

LONDON, Printed for Alex. Banks. 1685.