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A63214 The tryals and condemnation of Thomas White alias Whitebread, provincial of the Jesuits in England, William Harcourt, pretended rector of ]ondon, John Fenwick,procurator for the Jesuits in England, John Gavan alias Gawen, and Anthony Turner, all Jesuits and priests; for high treason: in conspiring the death of the King, the subversion of the government, and Protestant religion. At the Sessions in the Old-Bailey for London and Middlesex, on Friday and Saturday, being the 13th and 14th of June, 1679. Published by authority. Whitbread, Thomas, 1618-1679, defendant.; Barrow, William, 1610-1679, defendant.; Caldwell, John, 1628-1679, defendant.; Gawen, John, 1640-1679, defendant.; Turner, Anthony, 1628 or 9-1679, defendant.; Corker, James Maurus, 1636-1715, defendant. 1679 (1679) Wing T2248; ESTC R219768 109,846 92

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following my Letters brought it down to me L. C. J. when was it that this was spoken Mr. Chetwin it was Tuesday morning as I remember and that by very good circumstance I went that day for Lichfield the Saturday after the News came to me to Lichfield that Sir Edmundbury was found murthered L. C. J. The Jury will do well to observe this in point of time Sir Edmundbury-Godfrey was kill'd as it was since proved a Saturday but on Munday he was missed on Thursday he was found and on Saturday the News was spread all over the Country Now said he the Tuesday before the news came down which must be the Tuesday after the Saturday he was killed one comes from the Alehouse and asks do you not hear of a Justice of Peace at Westminster that is killed for the Wench at yonder Alehouse saies Mr. Dugdale was here this morning and reported that such an one was killed So that it is most Notorious as any thing in the World can be that this thing was known to them before any of us knew what was become of him Mr. Justice Pemberton How do you further know it to be upon Tuesday Mr. Cherwin I know it to be that Tuesday my Lord very well for we all went about such a time to my Cousins Mothers to stay a Week there and after I returned back and on tuesday the 15th of October I went to the Race to Lichfield and stayed till Saturday there and came thence to London and was here the Wednesday being the first day of the Term. But I remember particularly the first information Mr. Dugdale gave in the Country came to my cousins hands from the Mayor of Stafford and I happen'd to see him I think it was Christmas day It came inclosed in a letter upon the apprehension of Mr. Dugdale I remember I met him and he told me of it and said he the Parliament did nor sit that day so he went to acquaint the Lord Lieutenant of the County that is the Duke of Monmouth with it who carried it to the King But when Mr. Dugdale was sent for my cousin went down and writ me a good character of him As soon as ever Dugdale came to Town before he went to be examined by the Council as I remember I went with some Gentlemen to speak with him and said I to him can you say any thing about Sir Edmundbury Godfrey's Death Said he I remember such a Letter came at such a time from Father Harcourt to Father Ewers wherein were these words This Night Sir Edmundbury Godfrey is dispatched And said he I remember I asked the Question of Ewers Is not this likely to spoil all the design No said he he was a man that prosecuted persons that went to debauch'd Houses and it will be sa●● to be some of them that did revenge themselves of him or words to the same effec● This made me recollect the time I had the discourse with the Gentlemen in the country I happened to be out of town when the murtherers of Sir Edmondbury Godfrey were Tryed as soon as ● came to town and found that the murtherers of Sir Edmondbury Godfrey were cond●●ned I was at a Coffee-house enquiring how it was managed some I found slighted others did not know what to make of it Was not mr Dugdale there said I No said they Then I presume said I that a very material evidence was omitted Upon this I went to Mr. Dugdale's Chamber and there said I to him What was the reason you were not produced as an Evidence at the Tryal of Sir Edmonbury Godfrey's murtherers Said I you told such a thing and I hope you told Truth for I don't hear that you have ever contradicted it that you saw a Letter about the monday after he was murthered In my judgment it is very material if you have sworn it If your deposition be true or else you did ill to report it Said I pray let me see the Copy of your deposition sworn before the Council He shew'd it me and there was not a syllable of it that I could see but afterwards appear'd to be there L. C. J. That is not very material if the thing it self be true Mr Chetwin But it s not being there made me remember it Mr. Recorder Pray set up mr Dugdale again Now pray tell the Contents of mr Whitebread's Letter Mr. Dugdale The Contents of it was to encourage mr Ewers to go on to be careful whom he did intrust that they should be such fellows as were desperate hardy courageous and stout or to that purpose it was no matter whether they were Gentlemen or no so they were but couragious and desperate Mr. J. A. What were they to do Mr. Dugdale For the killing of the King L. C. J. Was that in Whitebreads Letter Mr. Dugdale mr Whitebread did write those words they were in the Letter Whitebread Was that very word in the Letter for killing the King Mr. Dugdale It was that they should be stout and couragious persons L. C. J. For what end Mr. Dugdale It was for taking away the King's life L. C. J. I ask you recollect your self was it by way of description of some Design or Plot that those persons were to be chosen out or was it in downright words for killing the King Mr. Dugdale To the best of my remembrance they were those very words L C J. It was much he would write such words in a letter Mr. Dugdale I was one that was made choice of about it Mr. J. Pemberton Were you to be one Mr. Dugdale Yes I was Mr. J. Pemberton Mr. Gavan you know who it was you entertained for this Business and you could trust them L. C. J. How were these letters conveyed Were they sent by the Ordinary Post Mr. Dugdale Yes they were and they trusted me with them because being directed to me if they were intercepted I should be hang'd and they saved Mr. J. Pemberton Upon these letters what were you entertained to do Mr. Dugdale my Lord I was entertained before by my Lord Stafford and mr Ewers Mr. J. Pemberton What to do Mr. Dugdale To kill the King Whitebread Pray Sir How came you to see these letters Did you intercept them and read them your self Mr. Dugdale I did intercept them and open them of my own self Whitebread Pray take notice of what he says Gentlemen Mr. Recorder The Jury do take notice L. C. Baron Do you know any thing against mr Turner and mr Fenwicks Mr. Dugdale Mr. Ewers hath told me by word of mouth that he was to carry on the Design in Worcestershire but I saw him with mr Ewers and Lewson and others when he was going to his Brother Turners then in Nottinghamshire and they did consult and agree there in my hearing to all that I have said before Turner What did I assent to Mr. Dugdale Why this Design you and mr Ewers and Lewson and others agreed to what I said before Turner Where
must have right though there be never so much time lost and patience spent Say they We must prove and contradict men by such matters as we can people may swear downright things and 't is impossible to contradict them but we will call Witnesses to prove those particulars that can be proved ●ay where Mr. Ireland was in August Dr Oates He took his leave of us in Town in August and that was between the eighth and twelfth at Harcourts Chamber Lord Chief Just What do you infer from Irelands being there then Dr. Oates I 'le tell you what I design in it your Lordship may perceive that I did methodize my Evidence according to the time for I said this was our business in April this in July and now we come to the business of August said I we took our leaves of Mr. Ireland between the eighth and twelfth I said in July Mr. Fenwick was out of Town but then if your Lordship remembers I said he was in Town and took his leave of Mr. Ireland between the eighth and the twelfth of August Lord Chief Just Was Mr Ireland in Fenwicks company at that time in August Dr. Oates Yes my Lord he was when he took his leave Lord Chief Just Did they talk then of this business Dr. Oates They took their leaves of one another but as to what particular things of the Plot they spoke about I don't remember Lord Chief Just Look you now mind what he says Ireland and Fenwick were together in August between the eighth and the twelfth but being asked Whether they were met on purpose to talk of the Plot he says he does not remember the particulars Here the Lady Southcott her Son and her Daughter were called Lord Chief Just Did you say that Fenwick there at the Bar had converse with Ireland in August for the carrying on of the Plot Dr. Oates Yes my Lord. L. C. J. My rule is this in doubtful cases when men are upon their lives I had rather hear what is impertinent than not let them make a full defence Lord Chief Just North I had rather hear things at a venture than forbid things at a venture Lady Southcott stood up Lord Chief Just How long were you in Mr. Irelands Company Lady Southcott From the fifth of August to the sixteenth Lord Chief Just What every day Lady Southcott Yes every day Dr. Oates My Lord here is Sarah Pain who before hath testified what she hath known in this matter If your Lordship please I desire she may be call'd in readiness to speak to it Lord Chief Just Are you sure it was the fifth Lady Southcott Yes as sure as I can be of any thing Mr. Recorder Dr. Oates you had best keep your Evidence intire till the last Then Sir John Southcott was called and appeared Lord Ch. Just Did you know mr Ireland Sir John Southcott Yes I did know him by face Lord Ch. Just Where did you see him Sir John Southcott I saw him the fifth of August at St. Albans Lord Ch Just And did he travel along with you Sir Jo. Southcot Yes he did travel along with us the sixth seventh eighth and ninth Lord Ch. Just How many days did he travel along with you Sir John Southcott He trave'ld along with us four days together I am sure L. C. J. What from the 5th to the 9th Sir Iohn Southcott Yes Sir L. C. J. Is this all that you can say Sir Iohn Southcott Yes my Lord. L. C. J. But we would know where he was afterwards did you see him after the 9th Sir Iohn Southcott My Lord I saw him at St Albans and we went from thence to Northampton and from thence to Coventry and from thence to my Lord Astons that is four days and I saw him Thursday I saw him Friday Saturday and Munday following Tuesday I had occasion to go further into the Country and he went along with us so I saw him Tuesday Wednesday Thursday and Friday afterwards L. C. J. Why then you saw him at least twelve days Sir Iohn Southcott Yes L. C. J. Have you any more Then Mr. Edward Southcott stood up L. C. J. Were you here when Ireland was tryed Sir Iohn Southcott No. L. C. J. Did you see Mr. Ireland in August last Mr. Southcott The third of August he came down to my Lord Astons at Stanmore they said so but I cannot swear he came that night but I saw him very early the next morning the 5th we went to St. Alban we kept on till we came to Tixall and I was in his company from the 4th to the 16th L. C. J. Why you hear what he says he was in company with him every day from the 4th to the 16th Gaven Call Mrs. Harewell and her Daughter Mrs. Gifford and Mrs. Pendrell Then Mrs. Harewell stood up L. C. J. Did you see Mr. Ireland in August last Harewell I saw Ireland in August last the 17th day He came then to my House at Wolverhampton and there he continued every day and lay in my house every night till the 26th day Then young Mrs. Harewell stood up Harewell Mr. Ireland came to our house in Staffordshire the 17th of August and stay'd there till the 26th I saw him every day unless it was Friday the day before Bartholomew-day when he went to Litchfield and returned again Gaven My Lord there is a prisoner now in Newgate that can testifie the same L. C. J. North. Would you ask your fellow if you be a Thief he is in for the same offence Gaven My Lord I desire to know if a man be not convicted of the same offence whether he be not a good Witness L C J North. If he stand charged with the same Plot his Evidence is of little weight Then Elizabeth Keiling stood up L C J Did you see Mr. Ireland in August Keiling Yes my Lord I did L C J Where did you see him Keiling I saw him at Wolverhampton there he was from Saturday the 17th to Munday and then I went to see my Mother and came back again on Thursday and found him there and there he was till the 26th Gaven Call Mr. Pendrell and his Wife Then Pendrell stood up L C J. When did you see Mr. Ireland Pendrell I saw him the second and third of September L. C J. Where did you see him Pendrell At Boscobel L. C. J. And what did you see him in August Pendrell No my Lord. L. C. J. How do you know you saw him then Pendrell My Wife being paid for his diet set down the day L. C. J. What he came to sojourn with you did he Pendrell They were with me for their Meals and so my Wife set it down L. C. J. Why do you set down the day of the month when any one comes to you Pendrell Yes my Lord when we are paid for their Diet we do L. C. J. What do you keep a publick House Pendrell I keep the Royal Oak L C J Methinks you
papers that were to be sent down to Windsor there he paid the messenger the money And that Gentleman was present there Mr. Fenwick and this is another part of August's business No sooner was this messenger dispatch'd but within a day after or a day before but it was a day after as near as I can remember there was a Consult held at the Benedictines Convent at which Mr. Fenwick was present and Mr. Harcourt and there they had some more Irish news from the Irish Archbishop Talbot who did give an account of the Irish affairs how they did conspire the death of the Duke of Ormond and desired to know how affairs went in England and desired some Commissions might be sent over to some particular persons there to raise Forces for the carrying on of the Design and some money to be transmitted to them And Mr. Fenwick did bring the Commissions from Wildhouse as near as I remember but he did bring them with him and sent them down by a special messenger to Chester and some Letters by the Post That of the Post I know of my own knowledge but that of the special messenger I had only from his own mouth My Lord from the 24 th of August as near as I remember it fell of a Saturday Bartholomew day it was but whether it fell of a Saturday I cannot be positive but if the Court please to inform themselves of it by their Almanacks they may L. C. J. There is no great matter in that I suppose Dr. Oates But this Gentleman Mr. Fenwick did deliver me some money for my necessary incident charges but did admonish me to procure some Masses to be said for a prosperous success upon the Design Upon the 25 th day I saw Mr. Fenwick in the afternoon at his chamber and he was to go on the 26 th day the next day to St. Omers and to carry 8 or 10 Students to go there to study Humanity and this is the account I have to give to Mr. Fenwick For after I took my leave of him here I saw him no more till he was apprehended L. C. J. This was about the 26 th of August was it not Dr. Oates Yes my Lord it was the 26th of August L. C. J. Well go on Sir Dr. Oates The 1st or 2 d. of September we received a Letter in the beginning it was from Mr. Whitebread and this Letter they did say was a Foreign Letter and yet it paid but 2 pence by which I did conclude that Mr. Whitebread was come into England and lay some where privately or was not yet come to Town On the third of September I went to Mr. Whitebreads chamber at night but he being at supper was not to be spoken with but when he saw me the next morning he did revile me and strike me and asked me with what face I could look upon him seeing I had dealt so treacherously with them Now after that I had inquired in what respect he answered in the discovering of the business for there was a Gentleman that went to the King in this Business to whom I had communicated much of my Information by Dr. Tongue This Gentleman had the same coloured cloaths that I had and so they not being able to give an account of the Name of the person gave only an account of the Habit he was in and therefore they charged me with it After I had justified my self as well as I could Mr. Whiebread did shew me a Letter which came from one Beddingfield alias Benningfield which did shew the Plot was discovered and they were like to be undone if it had not been for the five Letters that were sent down to Windsor and intercepted which made all to be looked upon as counterfeit after that I justified my self as well as I could He told me he would be friends with me provided I would give an account of the party and of the Minister that went with him And this is what I have to say against Mr. Whitebread and the prisoners at the Bar but only this because Sir George Wakeman did not accept of 10000 l. that was proposed to him to poyson the King this Gentleman offered that 5000 l. more should be added L. C. J. Which Gentleman Dr. Oates Mr. Whitebread And 15000 l. was accepted and when it was accepted Whitebread did greatly rejoyce that the money was accepted to poyson the King Whitebread Did I tell you so Dr. Oates No there was a Letter told me so but you were in Flanders then Sir Cr. Levins What have you to say against Mr. Turner Dr. Oates I speak as to his being at the Consult in April and signing the Resolve of the Death of the King L. C. J. Was Mr. Gavan at that Consult the 24 th of April Dr. Oates Mr. Gavan was summoned to that Consult but among 40 men I cannot particularly say he was there but I saw his Name signed as to the Kings death but I cannot say I saw his person L. C. J. Can you say you saw his Hand writing Dr. Oates I do believe it was his L C. J. Did you ever see any writing of his but when he signed the Bill of Exchange Dr. Oats My Lord I never saw him write but that time It was an ill Pen as it seemed that he writ his Name wi●h to the consult and I did not take so particular Notice of the being of his Name there till we saw the Instructions in July and then I did look over the consult particularly L. C. J But I say did you ever see his Hand Writing before he writ the Bill Dr. Oates My Lord I never saw his hand but that time L. C. J. And that by your comparing was like the hand of the Letter about Staffordshire Dr. Oates By that I prove the Letter to be written from him It was like it and was all as one L. C. J. Was it like the Hand that was to the consult Dr. Oates That I cannot say L. C. J. I thought you had said he confess'd the contents of the Letter when he came out of Staffordshire Dr. Oates I do say this of Mr. Gavan that he wrote such a Letter and when he came to Town he did give an accompt of all the passages that the Letter did contain which was concerning the raising of Mony in Staffordshire and the parts he was concerned in and this was the Accompt he gave L. C J. Dr. Oates you positively say that Whitebread Fenwick and Harcourt were there Dr. Oates Yes my Lord for Mr. Whitebread was Provincial and Presidential of the Assembly Sir Cr. Levinz And Turner was there Dr. Oates Yes he was Sir Cr Levinz Dr. Oates what was that Mony rais'd for Dr. Oates They said it was for the carrying on of the design L. C. J. And what Design was that Dr. Oates Our design And that was the Subversion of the Government and destruction of the King L. C. J. Now if you please you may aske him
Mr. Harcourt Mr. Dugdale I have received several Pacquets of Letters from several persons beyond Seas which were by his instruction communicated by Mr. Grove to Mr. Ewers which Letters did contain Treason in them for the introducing of Popery and killing and destroying the King Lord Chief Just How can you tell that Mr. Dugdale Mr. Harcourt hath given it under his own hand and I have intercepted the Letters and read them Lord Chief Justice You were acquainted with the hand Mr. Dugdal● 〈◊〉 my Lord. Lord Chief 〈◊〉 〈◊〉 read the Letters then Mr. Dugdale Yes my Lord I did Lord Chief Justice How many Letters have you intercepted have you interepted Twenty Mr. Dugdale Yes 100 my Lord Mr. Harcourt was the first that gave intelligence into the Countrey as I know of of the death of Sir Edmondbury Godfrey Sir Cr. Levins Tell when it was given and how Mr. Dugd. I have made it out already upon Oath and I have Witnesses to prove it Sir Cr. Levins Pray Sir tell it now Mr. Dugdale It was directed to Mr. Ewers and it was three days before he was found for it was received on the monday and he as it is proved was killed on the Saturday The words were these This very night Sir Edmondbury Godfrey is dispatched And I very much rejected Mr. Ewers for this Action and then told him This will overthrow the Design or I will be hanged Lord Chief Just What day did you receive the Letter Mr. Dugdale I have proved I received it on a monday Lord Chief Just But pray what date did it bear Mr. Dugdale That Letter must come by Saturday Post for it said This night Sir Edmondbury Godfrey is dispatched Lord Chief Just He did not name any body by whom Mr. Dugdale No but it said he was killed and we knew by whom Mr. Justice Pemberton And are you sure that was Mr. Harcourts letter Mr. Dugdale Yes for he did usually sign his letters with two letters W. H. which stood either for Harcourt or Harrison Mr. Belwood Did you acquaint any body with this or did you conceal it Mr. Dugdale I did go to an Alehouse that is hard by my Lords the next day which was Tuesday and there I asked if they did not hear some news of a Knights being kill'd at London And I have an Evidence here if your Lordship please I will call him who I desire may testifie the same thing Lord Chief Just Yes by all means Sir Cr. Levins Mr. Dugdale Pray will you give us some more account of the letter that came from Mr. Whitebread to Mr. Ewers Mr. Dugdale I remember one particularly but I cannot tell what number I have seen Sir Cr. Levins Did you see more than that one Mr. Dugdale I particularly remember that Lord Chief Justice What was that one particularly Harcourt My Lord I desire to ask him one Question When was the last time that you received any letters from me Mr. Dugdale The last I received from you to my best remembrance was that about Sir Edmondbury Godfrey and it was in October Harcourt I have not writ to that person this year and half Lord Chief Justice Let that man be called that proves this business of the death of Sir Edmondbury and the talk of it Mr. Dugdale mr Harcourt you know very well that when Mr. Ireland was last in the Country last year you were to send him the Answers that came by letters from Saint Omers and those were sent down to my Lord Astons and I saw them eight of those letters I am sure And I can prove it by one circumstance two of them came relating to Mr. Edward Astons death from Paris I intercepted them and talking of it that I could conjure and tell of the death of Mr. Edward Aston before any of his Friends knew of it And Mr. Ireland writ a chiding letter about it that he had not heard it sooner and you sent down word That you did write those letters and ye● you say you have not written to me of a Twelvemonth or more Harcourt This Gentleman does pretend to know my hand and 't is true I have writ several letters for Mr. Ewers and directed to him but as to this time he speaks of I have left off writing for divers years He pretends to know me and yet this Gentleman before the Committee of Commons in Parliament which was yesterday was 5 weeks as well as he knew my hand came and said I was a Gentleman he did not know He came also to entrap me at the Gatehouse before those Gentlemen of the Committee of the House of Commons but because he said he knew my hand so very well and testifie those expressions in the letter I must say this I never did write any such letter nor did I ever in my life seem to approve of any mans death or murder But the thing is this he pretends to know my hand and to prove it the Gentlemen desired me to write my own hand and my name and he in the mean time did withdraw and three of them did write their names afterwards they called him in again and asked him which was Harcourts hand he was not able to say which it was Lord Chief Just You write more hands as well as have more names and can counterfeit your hands as well as change your names Mr. Justice Pemberton You speak before your time and your bare word goes for nothing Lord Chief Justice But Mr. Dugdale where is your Witness Harcourt I don't know any thing of this Lord Chief Justice But if he calls up a Witness of whom you can have no suspicion that can testifie that at this time Mr. Dugdale spoke about the death of Sir Edmondbury Godfrey What will you say to that Harcourt I believe there is no such thing at all ●ir Cr. Levins My Lord here is Mr Chetwin pray swear him Which was done L. C. J. Mr. Chetwin Do you remember that Mr. Dugdale came to you any time last ●ummer and what time and what discourse had you Mr. Chetwin My Lord if your Lordship please I was most part of the Summer in the Country I came into Staffordshire about the 29th of August My Lord there is a Gentleman one Mr. Sanbidge that is a Kinsman of my Lord Astons that was very well acquainted with the Family where I was which was half a mile off my Lords and used to come and play with me at Tables My Lord at that very time in October he came to me and there says he Do you hear nothing of a Justice of Peace in Westminster where you live that is killed or to that effect No said I and I had Letters yesterday and heard nothing of if Saith he I was this morning at Elds and there a Girl of the House told me Mr. Dugdale had been there and reported that there was a Justice of Peace of Westminster was killed but who he should be I never heard named and on Saturday