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A63228 The tryals of VVilliam Ireland, Thomas Pickering, & John Grove, for conspiring to murder the King who upon full evidence were found guilty of high treason at the session-house in Old-Bailye, Dec. 1, 1678, and received sentence accordingly. Ireland, William, 1636-1679.; Pickering, Thomas, d. 1679.; Grove, John, d. 1679.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). 1678 (1678) Wing T2269; ESTC R33696 62,044 58

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knew what the business was but he did advise him that he should conceal himself lest the plot by observation should be discover'd We shall likewise produce several other evidences to strengthen and confirm the Witnesses we shall first call our witnesses and enter upon the proof Mr Finch opened the Evidence thus Mr. Finch May it please your Lord ship and you Gentlemen of the Jury before we call our witnesses I would beg leave once more to remind you of what hath already been open'd unto you the Quality of the Offenders themselves and the nature of the offence they stand indicted of For the Offenders they are most of them Priests and Jesuits three of them at the least are so the other two are the accursed Instruments of this Design for the offence it self 't is high Treason And though it be High Treason by the Statute of 27 Elizabeth for men of that profession to come into England yet these men are not Indicted upon that Law nor for that Treason This I take notice of to you for the prisoners sake that they should not fancy to themselves they suffered Martyrdom for their Religion as some of them have vainly imagin'd in their case and for your sakes too that as at first it was Treason repeated Acts of Treason in these men and those proceeding from a principle of Religion too that justly occasioned the making that Law so here you might observe a pregnant instance of it in the prisoners at the Bar That when ever they had an opportunity as now they thought they had they have never failed to put those principles into practice So now Gentlemen as they are not indicted for being Priests I must desire you to lay that quite out of the Case and only consider that they stand here accused for Treason such Treason as were they Lay-men only they ought to die for it though I cannot but observe they were the sooner Traitors for being Priests The Treason therefore they stand indicted of is of the highest nature it is a Conspiracy to kill the King and that too with Circumstances so aggravating if any thing can aggravate that Offence which is the highest that nothing less than the total Subversion of the Government and utter Destruction of the Protestant Religion would serve their turns And really when you consider the Root from whence this Treason springs you will cease wondring that all this should be attempted and rather wonder that it was not done Mischiefs have often miscarried for want of wickedness enough the Horror of Conscience or else the Malice of the Aggressor not being equal to the Attempt has sometimes prevented the Execution of it Here is no room for any thing of this kind This Treason proceeds from principles of Religion from a sense that it is lawful nay that they ought to do these things and every neglect here is lookt on as a piece of Irreligion a want of zeal for which one of the Prisoners did pennance as in the course of our Evidence we shall prove unto you And when we consider too that this is carried on not by the Fury of two or three busie men over zealous in the Cause but by the deliberate and steady Councels of the whole Order and that too under the Obligations of Secresie as high as Christian Religion can lay on them you have great reason to wonder that it did not succeed And yet after all this they have not been able to prevail Not that we can brag of any human policy that did prevent it No all that the Wit of man could do these men had done but 't was the Providence of God 't was his Revelation That Providence that first enlightened his Church and has preserv'd it against all opposition heretofore has once more disappointed their Councells and preserved the King and this Nation in the profession of that true Religion these men have vainly attempted to destroy Gentlemen I will not open to you the particulars of our Evidence that I had rather should come from the Witnesses themselves I shall only in general tell you what will be the Course of it We shall prove unto you That there was a Summons for a Consultation to be held by these men the 24th of April last from the Provincial Mr. Whitebread That they had a Caution given them not to come too soon nor appear much about the Town till the Consultation were over lest oacasion should be given to suspect the Design That accordingly a Consultation was held as they say to send Cary their Procurator to Rome Though we shall prove to you it was for other purposes That they adjourned from their general Assembly into lesser Companies where several persons did attend them to carry Intelligences of their several Resolutions That at these several Consults they did resolve The King was to be killed that Pickering and Grove should do it for which the one was to have 30000 Masses said for his Soul the other 1500 l. That in prosecution of this Design they made several attempts to execute it That they lay in wait for the King several times in St. James's Park and other places And that once in particular it had been done by Pickering if it had not pleased God to have prevented it by an Accident unforeseen The Flint of his Pistol being loose he durst not then attempt it though he had an Opportunity for which neglect we shall prove unto you he underwent the pennance of 20 or 30 strokes That when these men had failed we shall prove to you they hired four Ruffians to murther the King at Windsor and after that at Newmarket Thus they way-laid him in all his privacies and retirements wherever they could think it most convenient to execute their Design And this we shall prove by two Witnesses who though they should not speak to the same Consultations nor the same times yet they are still two Witnesses in Law for several Witnesses of several Overt-Acts are so many Witnesses to the Treason because the Treason consists in the Intention of the man in the Compassing and Imagining the Death of the King The several Overt-Acts which declare that intention are but as so many Evidences of the Treason we will call our Witnesses and make out what had been open'd to you Cl. of Cr. Mr. Oates lay your hand upon the Book The Evidence you shall give for our Sovereign Lord the King against Thomas White alas Whitebread William Ireland John Fenwick Thomas Pickering and John Grove the prisoners at the Bar shall be the truth the whole truth and nothing but the truth So help you God Mr. Serj. Baldwin Pray Mr. Oates will you declare to the Court and the Jury what Design there was for the killing of His Majesty and by whom Mr. Oates My Lord in the month of December last Mr. Thomas Whitebread did receive a Patent from the General of the Jesuits at Rome to be Provincial of the Order after he had received this