false Traytors of the most Illustrious Seâ—â—ene and most Excellent Prince Our Soverign Lord Charles the II. by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Their supreme and natural Lord not haveing the Feare of God in their hearts nor the Duties of their Allegeance any ways weighing but being moved and Seduced by the instigation of the Devil the cordial love and true due and natural obedience which true and faithful Subjects of our said Soveraign Lord the King towards our said Soverign Lord the King should and of Right ought to bear altogether withdrawing endeavouring and with their whole strength intending the peace and common tranquillity of this Kingdom of England to disturbe and the true worship of God within this Kingdom of England used and by Law established to overthrow and to move stir up and procure Rebellion within this Kingdom of England and the cordial love and true and due obedience which true and saithful Subjects of our said Soveraign Lord the King towards our said soveraign Lord the King should and of Right ought to bear wholly to withdraw vanguish and extinquish and our said Sovereign Lord the King to death and final destruction to bring and put the 24th day of April in the year of the Reign of our said Sovereign L Charles the II by the Grace of God of England Scotland France and Ireland King defender of the saith c. the 30th at the Parish of St. Gyles in the Fields aforesaid in the County of Middlesex aforesaid falsly maliciously deceitfully advisedly and Trayterously they did propose compaâ—â—e imagine and intend to stir up move and procure sedition and Rebellion within this Kingdom of England and to procure and Cause a miserable slaughter among the Subjects of our said Sovereign L. the King and wholly to deprive depose throw down and disinher it our said Sovereign Lord the King from his Royal State Title Power and Government of this his Kingdom of England and him our said Soveraign Lord the King to put to death and utterly to destroy the Government of this Kingdom of England and the sincere Religion worship of God in the same Kingdom rightly and by the Laws of the same Kingdom established for their will and pleasure to change and alter and wholly to subvert and destroy the state of the whole Kingdom being in all parts thereof well instituted and ordered and to Levy War against our said Soveraign Lord the King within this his Realm of England And to fulfil and bring to pass these their most wicked Treasons and Trayterous designs and purposes aforesaid they the said Thomas White allas Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Trâ—â—ytors unknowâ—â— the said so â—â— and Tweentieth day of April in the said 30th year of the Reign of our said Lord the King with force and arms c. at the parish of St. Giles in the Fields aforesaid in the County of Midelesex aforesaid falsly maliciously deceitfully advisedly devillishâ—â—y and traiterously did assemble unite and gather themselves together and then and there falsly maliciously deceitfully advisedly devillishly and traiterously they did consult and agree to put and bring our said Soveraign Lord the King to death final destruction and to alter and change the Religion rightly and by the Laws of the same Kingdom established to the superstition of the Church of Rome and that sooner to bring to pass and accomplish the same their most wicked Treasons and traiterous imaginations and purposes aforesaid they the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Traitors of our said Sovereign Lord the King unknown afterwards to wit the said 24th day of April in the said 30th year of the Reign of our Sovereign Lord the King at the said parish of St. Giles in the Fields in the County of Midlesex aforesaid falsly deceitfully advisedly maliciously devillishly and traiterously they did consult and agree that they the said Thomas Pickering and John Grove should kill and murther our said Sovereign Lord the King And that they the said Thomas White otherwise Whitebread William Ireland John Frenwick and other false Traitors unknown should therefore say celebrate and perform a certain number of Masses then and there agreed on among them for the good of the soul of the said Thomas Pickering and should therefore pay to the said John Grove a certain sum of money then and there also agreed on among them And further that the said Thomas Pickering and John Grove upon the agreement aforesaid then and there falsly deceitfully advisedly maliciously devillishly traiterously did undertake and to the said Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traitors of our said Sovereign Lord the King unknown then and there falsly deceitfully advisedly maliciously devillishly and traiterously they did then and there promise that they the said Thomas Pickering and John Grove our said Sovereign Lord the King would kill and murther And further that they the said Thomas White otherwise Whitbread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traitors of our said Sovereign Lord the King unknown afterwards to wit the said 24th day of April in the thirtieth year of the Reign of our said Soverign Lord the King at the said parish of St. Giles in the Fields in the County of Middlesex aforesaid falsly deceitfully advisedly maliciously devillishly and traiterously did severally plight their Faith every one to other of them and did then and their swear and promise upon the Sacrament to conceal and not to divulge their said most wicked Treasons and traiterons compassings consultations and purposes aforesaid so among them had traiterously to kill and murther our said Sovereign Lord the King and to introduce the Roman Religion to be used within this Kingdom of England and to alter change the true Reformed Religion rightly and by the Laws of this Kingdom of England in this same Kingdom of England established And further that they the said Thomas Pickering and John Grove in execution of their said Traiterous Agreement afterwards to wit the same 24th day of April in the said thirtieth year of the Reign of our said Sovereign Lord the King and divers other days and times afterwards at the said parish of St. Giles in the Fields in the said County of Middlesex falsly deceitfully advisedly maliciously devillishly and traiterously they did prepare and obtain to themselves and had and did keep Musquets Pistols Swords Daggers and other offensive and cruel weapons and instruments to kill and murther our said Sovereign Lord the King And that they the said Thomas Pickering and John Grove afterwards to wit the said four and twentieth day of April in the said thirtieth year of the Reign of our said Sovereign Lord the King and divers days and times afterwards with force and arms c. at the said
parish of St. Giles in the Fields in the County of Middlesex aforesaid and in other places within the said County of Middlesex falsly deceitfully advisedly maliciously and traiterously did lie in wait and endeavour to kill and murder our said Sovereion Lord the King and further that they the said Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traitors unknown afterwards to wit the said 24th day of April in the said thirtieth year of the Reign of our Sovereign Lord the King at the said parish of St Giles in the Fields in the County of Middlesex aforesaid falsly deceitfully advisedly maliciously devillishly and traiterously did prepare perswade excite abet comfort and counsel four other persons unknown and subjects of our said Soveraign Lord the King traiterously to kill and murder our said Sovereign Lord the King against the duty of their allegiance against the peace of our said Sovereign Lord the King his Crown and Dignity and against the form of the Statute in that behalf made and provided Upon this Indictment they have been arraigned and thereunto have severally pleaded Not guilty and for their Tryal have put themselves upon God and their Country which Country you are Your Charge therefore is to enquire whether they or any of them be guilty of the High Treason whereof they stand indicted or not guilty If you find them guilty you are to enquire what Goods or Chattels Lands or Tenements those you find guilty had at the time of the High Treason committed or at any time since If you find them or any of them not guilty you are to enquire whether they did flee for it if you find that they or any of them fled for it you are to enquire of their Goods and Chattels as if you had found them guilty If you find them or any of them not guilty nor that they nor any of them fled for it say so and no more and hear your Evidence Make Proclamation for silence on both sides Which was done Then Sir Creswell Levings one of the Kings learned Council in the Law opened the Indictment thus Sir Cresw Levings May it please your Lordship and you Gentlemen of the Jury These Prisoners at the Bar Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove do all stand indicted of High Treason for that whereas they as false Traytors meaning and designing to disturb the Peace of the Kingdom to levy War within the Kingdom to make miserable slaughter amongst the Kings Subjects to subvert the Religion established by the Law of the Land to introduce the Superstition of the Church of Rome and to bring to death and final destruction and to murder and assassinate our Soveraign Lord the King they did to effect these things the four and twentieth of April last assemble themselves together with many other false Traytors yet unknown in the parish of Saint Giles in the Fields in the County of Middlesex and there being so assembled the better to effect these designs did make agreements and conspire together first that Pickering and Grove should kill the King and that White and the rest of the persons that stand indicted with many other Traytors should say a great number of Masses for the soul of the said Pickering I think thirty thousand and they did further agree there that Grove should have a great sum of mony and upon this agreâ—â—ment Grove and Pickering did undertake and promise they would do this fact and did then and there take the Sacrament and an oath to one another upon the Sacrament that they would conceal these their Treasons that they might the better effect them and that in pursuance of this Grove and Pickering did divers timesly in wait to murder the King and did provide Arms to do it and the Indictment further sets forth that White and Ireland and Fenwick and many other Traytors yet unknown did procure four other persons yet also unknown for to kill the King against the peaâ—â—e of our Sovereign Lord the King his Crown and Dignity and against the form of the Statute These are the heads of those facts for which they stand indicted they have all pleaded not Guilty if we prove them or any of them Guilty of these or any of these facts according to the Evidence you shall have we hope you will find it Sir Samuel Baldwin one of his Majesties Serjeants at Law opened the Charge as followeth Sir Samuel Baldwin May it please your Lordship and you Gentlemen of the Jury the persons here before you stand indicted for High Treason they are five in number three of them are Jesuits one is a Priest the fifth is a Layman persons fitly prepared for the work in hand Gentlemen it is not unknown to most persons nay to every one amongst us that hath the least observed the former times how that ever since the Reformation there hath been a design carried on to subvert the Government and destroy the Protestant Religion established here in England for during all the Reign of Queen Elizabeth severall attempts were made by several Priests and Jesuits that came from beyond the Seas though the Laws were then severe against them to destroy the Queen and alter the Religion established here in England and to introduce Popery and the Superstition of the Church of Rome But the Conspirators from time to time during all the Queens Reign were disappointed as Edmond Camtion and several other Jesuits who came over in that time and were executed did suffer for their Treasons according to Law at length about the latâ—â—erend of the Queens time a Seminary for the English Jesuits was founded at Valledâ—â—lid in Spain and you know the emyloyment such persons have And soon after the Queens death in the beginning of the Reign of King James several persons came over into England from this very Seminary who together with one Henry Garnet Superior of the Jesuits then in England and divers other English Papists hatched that hellish Gunpowder-plot whereby what was designed you all know but as it fell out these persons as well as those in Queen Elizabeths time were likewise disappointed for their execrable Treasons in the third year of King James were executed at Tyburn and otherplaces This is evident by the very Act of Parliament in 30. Jacobi in the preamble whereof mention is made that Creswel and Tesmond Jesuits came from Validolid in Spain to execute this Gunpowder-Treason with the Poplsh party here in England And Gentlemen after this Treason so miraculously discovered was punished one would not have thought that any future age would have been guilty of the like Conspiracy but it so falls out that the Mystery of Iniquity and Jesuitism still worketh for there hath of late been a sort of cruel bloody minded persons who in hopes to have better success than they had in foâ—â—mer times during the Reigns of Queen Elizabeth and King James have set on foot as horrid a Design
as that of the Gunpowder-Treason I can resemble it to no other Plot or Design or Treason in any other time and truely it does resemble that in many particulars I may say it doth at least equal it if not exceed it I shall mention two or three particulars in which this Plot doth resemble that First that horrid Design was to take away the Life of the then King to subvert the Government to introduce the Popish Religion and to destroy the established protestant Religion in England and so Gentlemen we think our prooff will make it out that in each of these particulars this design is the same that that was Secondly the great Actors in that design were Preists and Jesuits that came from Valedolid in Spain and other places beyond the Seas And the great Actors in this Plot are Priests and Jesuits that are come from St. Omers and other places beyond the Seas nearer home then Spain Thirdly That plott was chiefly Guided and mannaged by Henry Garnett Superiour and provincial of the Jesuits then in England and the great Actor in this design is Mr. Whitebread Superiour and provincial of the Jesuits now in England so that I say in the several particulars it does resemble the Gun Powder plot Gentlemen In this plot of which the Prisoners now stand Indicted several Persons have several parts some of these persons are imployed to keep Correspondence beyond the Seas of which more hath been said in another place and so I shall not speak of it here Others were to procure and prepare Aid and Assistance here in England who were to be ready when there should be Occasion to use it But the great part these persons the prisoners at the Bar were to Act in this conspiracy was to take away the life of our Soveraigne Lord the King on whose preservation the safety and welfare of three nations and Millions of men does depend Now the facts for which the five prisoners stand Indicted I shall open thus First they are here Indicted for Conspireing the Death of his sacred Majesty They did agree to take away the Kings life and entring into such an agreement They hired some persons amongst them to doe it and this Agreement was made the 24th of April last 1678. Secondly There is another fact they likewise stand Indicted for That they did Endeavour and contrive to change and alter the Religion Established in the Nation and introduce Pâ—â—pery in tho room of it The manner how to Effect this was thus if my information be right you shall hear that from the Evidence Mr. Whitebread being resident here in England and superiour of the Jesuits did in February last think fit being impowred by Authority from Rome to give summons to the Jesuits abroade at St. Omers and other places beyond the Seas That they should come over here into England to be ready at London on the 24th of April the day laid in the Indictment and which is the day after St. Georges day and their design was as will appear by the proof to contrive how they may take away the life of the King for if that were once done they thought in all other things their design would easily be accomplished after the summons were out they were so Officious for the Accomplishing of this great end that between 40. and 50. Jesuits did appear here at London at the time for thither they were summoned and there the meeting was appointed to be at the White-horse Taverne in the strand they were to meet first but being so great a number that they were likely to be taken notice of if they came all together it was so Ordered they should come but a few at a time and go off in small numbers and others should succeed them till the whole number had been there And there were directions given and a Course taken that there should be some person to tell them whither they should go from thence After they had met there at several times in the same day they were appointed and adjourned to be at several other places some of them were appointed to be at Mr. Whitebreads Lodging and that was in Wild-street at one Mr. Sanders house Others were appointed to go 〈…〉 Lodging which was in Russelstreet and this Mr. Ireland was Treasurer of the Society anâ—â— others were to meet at Mr. Fenwicks Chamber in Drury-Lane and he was at that time Procurator and Agent for that Society Others were appointed to meet at Harcourts Lodging and others at other places When they came there they all agreed to the general design of the first meeting which was To kill the King Then there was a paper or some instrument to be subscribed This was done and the Sacrament was taken for the concealment of it After that Whitebread Ireland Fenwick and others did agree that Mr. Grove and Mr. Pickering should be imployed to Assassiaate the King One of them Mr. Grove being a lay Brother was to have 15 hundred pounds a great sum the other as a more suitable reward for his pains was to have 30. Thousand Masses said for his Soul Mr. Whitebread Mr. Ireland and Mr. Fenwick were all privy to this design this was the 24th of April In August after they being appointed to kill the King but it not taking effect either their Hearts misgave them or they wanted opportunity there was another meeting at the Savoy where the Witnesses will tell you â—â—our Irish persons were hired for to Kill the King And this was ordered in case the other design took not Effect There was fourscore pounds sent down to them to Windsor where they were to have done the fact After this other persons were appointed to do the Execution and they were to take the King at his Mornning Walk aâ—â— New-Market These persons are all disappointed in their design But you shall hear what was the Agreement how it was carried on and what rewards were given to carry it on We shal acquaint you likewise that for the bottom of this design when so many Jesuits should come over when they should have so many Consultations and when they should resolve to Kill the King there could be no less then the altering of Religion and introduction of Popery here in England And that time at the first meeting they had Ordered that Mr. Cary a Jesuit as their Procurator and Agent should go to Rome to Act their concern there All which things and more will be made out to you by Witnesses produced There are likewise some other Circumstances that will be material to confirm those witnesses We shall produce to you a letter written in February last about that time that Mr. Whitebread sent over his summons for the Jesuits to appear here This letter was written by one Mr. Peters a Jesuit now in Custody and t is Written to one Tunstall a Jesuit to give him notice that he should be in London about the 21th of April and be ready on thâ—â— 24th of April That he
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
it Whitebread My Lord we can provâ—â— L. C. J. You shall have time sufficient to make what defenee you can you shall be sâ—â— to have a fair tryal and be stopt of nothing that you will think fit to say for your selâ—â— Mr. Oates were Pickering and Grove present Mr. Oates Yes my Lord Grove at Fenwicks Chamber and Pickering at the Provincâ—â— chamber L. C. J. But they were not required to sign this were they Mr. Oates after that the whole consult had signed it and Mass was preparing to be 〈…〉 for it before Mass they did sign and accept of it L. C. J. Where did they two do it Mr. Oates At the Provincials chamber L. C. J. What day was it Mr. That day for they met all together at the Provincials chamber to receive the â—â—crament and when Mâ—â—ss was going to be said one said it was too late for it was after â—â— a 〈…〉 but Mr. Whitebread said it was not after noon â—â—iâ—â— we had din'd and you kâ—â—◠〈…〉 that Mâ—â—ssâ—â—s have been said at one or two of the clock in the afâ—â—ernâ—â—â— Mr. Just Atkins How many persons did meet at that Consult Mr. Oates My Lord there were about forty or fifty and after they had adjourned into several lesser Companies they met altogether at Mr. Whitebreads Chamber L. C. J. Where was that and when Mr. Oates That day at Wild-house L. C. J. Where was it that they gave the Sacrament Mr. Oates At a little Chappel at Wild-house Mrs. Sander's L. C. J. Did they accept it before they took the Sacrament Mr. Oates Yes Pickering and Grove did sign it before they took the Sacrament Mr. Just Atkins You tell us of an Oath of Secresie that was taken what was that Oath Mr. Oates I cannot give an account of the form of the Oath but it was an Obligaâ—â—ion of Secresie Mr. Just Atkins Did you see the Oath administred Mr. Oates Yes my Lord I did L. C. J. Who administred it Mr. Oates Mr. Whitebread he did give it unto me and to all the rest that were there and Mico held the Book it was a Mass-book but they were words of his own invention I believe they were not written down L. C. J. Can't you tell what they were Mr. Oates No my Lord I cannot tell because I did not see them written down L. C. J. If you will ask this Gentleman any thing more you may Whitebread My Lord I am in a very weak and doubtful condition as to my health and therefore I should be very loth to speak any thing but what is true We are to prove a Negative and I know 't is much harder to prove a Negative than to assert an Affirmative 't is not a very hard thing for a man to swear any thing if he will venture his Soul for it but truly I may boldly say in the sight of Almighty God before whom I am to appear there have not been three true words spoken by this Witness L. C. J. Do you hear if you could but satisfie us that you have no Dispensation to call God to witness a Lye Whitebread My Lord I do affirm it with all the Protestations imaginable L. C. J. But if you have a Religion that can give a Dispensation for Oaths Sacraments Protestations and Falshoods that are in the World how can you expect we should believe you Whitebread I know no such thing L. C. Just We shall see that presently before we have done Mr. Oates I have one thing more to say my Lord that comes into my mind This Whitebread received power from the See of Rome to grant out Commissions to Officers military And my Lord here are the Seals of the Office in Court which he hath sealed some hundreds of Commissions with which they call Patents L. C. J. What were those Commissions for for an Army Mr. Oates Yes my Lord for an Army Whitebread When were those Commissions signed Mr. Oates My Lord several of them were signed in the former Provincials time L. C. J. What I warrant you you are not Provincial of the Jesuits are you Whitebread I cannot deny that my Lord. L. C. J. Then there are more than three words he hath spoken are true Mr. Just Atkins I believe Mr. Oates that that Army was intended for something pray what was it for Mr. Oates My Lord they were to rise upon the death of the King and let the French King in upon us and they had made it their business to prepare Ireland and Scotland for the receiving of a foreign Invasion L. C. Just Who were these Commissions sealed by Mr. Oates My Lord the Commissions of the Great Officers were sealed with the Generals Seal L. C. Just Who was that M Oats His Name is Johannes Paulus de Oliva His Seal sealed the Commissions for the Generals Major-Generals and great Persons but those Seals that sealed the several Commissions to several inferior Officers were in the Custody of the Provincial L. Ch. Just Can you name any one person that he hath sealed a Commission to Mr. Oates I can name one To Sir John Gage which Commission I delivered my self L. Ch. Just What of Sussex Mr. Oates Yes of Sussex Mr. Justice Atkins Who did you receive the Commission from Mr. Oates My Lord when he went over he left a great many blank Patents to be filled up and he left one ready sealed for a Commission to Sir John Gage This was delivered into my hands when he was absent but it was signed by him and delivered to me while he was in his Visitation beyond the Seaâ—â— but I dare swear it was his hand as I shall answer it before God and the King Mr. Just Atkins Who had it you from Mr. Oates From Mr. Ashby but by Whitebreads appointment in his instructions which I saw and read L. Ch. Just What was the Commission for Mr. Oates To be an Officer in the Army L. Ch Just Did you see the Instructions left for Ashby Mr. Oates I did see them and read them and I did then as I always did give it as my judgment that it was more safe to poyson the King than to pistol or stab him Mr. Just Bertue Was the Commission which you delivered to Sir John Gage from Ashby or from Whitebread Mr. Oates I had it from Ashby but Whitebread who was then beyond Sea had signed this Commission before he went My Lord I have something more yet to say and that is as to Mr. Grove That he did go about with one Smith to gather Peter pence which was either to carry on the Design or to send them to Rome I saw the book wherein it was entred and I heard him say that he had been gathering of it Grove Where was this Mr. Oates In Cock-pit-Alley where you know I lodged Grove Did I ever see you at your Lodging Mr. Oates You saw me at my own door L. Ch. Just Why don't you know Mr. Oates Grove My Lord I have seen him before
he hath done you very great service you would have had him teâ—â—â—fied against Mr. Oates he saith he hath known him ever since he was a Child and that then he had not so much Credit as now he hath And had it been upon his single Testimony that the discovery of the Plot had depended he should have doubted of it but Mr. Oates his Evidence with the Testimony of the Fact it self and all the concurring Evidences which he produces to back his Testimony hath convinced him that he is true in his Narrative Sir D. Ashburnham Your Lordship is right in what I have spoken L. C. J. Have you any moâ—â—e Witnesses or any thing more to say for your selves Ireland If I may produce on my own behalf Pledges of my own Loyalty and that of my Family L. C. J. Produce whom you will Ireland Here is my sister and my mother can tell how our Relations were plundred for siding with the King L. C. J No I will tell you why it was it was for being Papists and you went to the King for shelter Ireland I had an Uncle that was killed in the Kings Service besides the Pendrels and the Giffords that were instrumental for saving the King after the fight at Worcester are my near Relations L. C. J. Why all those are Papists Piâ—â—kering My Father my Lord was killed in the Kings party L. C. J. Why then do you fall off from your Fathers virtue Pickering I have not time to produce Witnesses on my own behalf Ireland I do desire time to bring more Witnesses Grove As I have a Soul to save I know nothing of this matter charged upon me L. C. â—â— Well have you any thing more to say Ireland No my Lord. L. C. J. You of the Kings Council will you sum up the Evidence Mr. Serj. Baldwin No my Lord we leave it to your Lordship C. of C. Cryer make Proclamation of silence Cryer O yes All manner of persons are commanded to keep silence upon pain of imprisonment Then the Lord Chief Justice directed the Jury thus L. C. J. Gentlemen you of the Jury As to these three persons Ireland Pickering Grove the other two you are discharged of One of them Ireland it seems is a Priest I know not whither Pickering be or no Grove is none but these are the two men that should kill the King and Ireland is a Conspirator in that Plot. They are all indicted for Conspiring the Kings Death and endeavouring to subvert the Government and destroy the Protestant Religion and bring in Popery The main of the Evidence hath gone upon that soul and black Offence Endeavouring to kill the King The utmost end was without all question to bring in Popery and subvert the Protestant Religion and they thought this a good means to do it by killing the King that is the thing you have had the greatest evidence of I will sum up the particulars and leave them with you 'T is sworn by Mr Oates expresly that on the 24th of April last there was a Consultation held of Priests and Jesuits They are the men fit only for such a mischief for I know there are abundâ—…â—◠〈…〉 Gentlemen of that Perswasion who could never be drawn tâ—â— do aâ—â—y of these things unless they were seduced by their Priests that sticke at nothing 〈…〉 own ends he swears expresly that the â—â—onsult was begun at the White-horse-Tavern in the Strand that they theee agreed to murther the King That Pickering and Grove were the men that were to do it who went afterwards and subscribed this holy League of theirs and signed it every one at his own lodging Whitebread at his Ireland at his and Fenwick at his two of which are out of the Case but they are repeated to you only to shew you the Order of the Conspiracy That afterwards Pickering and Grove did agree to the same and they received the Sacrament upon it as an Oath to make all sacred and a Seal to make all secret Mr. Bedlow hath sworn as to that particular time of killing the King by Pickering and Grove though they were not to give over the Design but there were four that were sent to kill the King at Windsor Mr. Oates swears there was an attempt by Pickering in March last but the Flint of the Pistol happening to be loose he durst not proceed for which he was rewarded with Pennance He swears there were Four hired to do it That Fourscore pounds was provided for them He saw the money and swears he saw it delivered to the Messenger to carry it down Ireland At what time was that Lord Chief Just In August there was an attempt first by Pickering and Grove they then not doing of it four other persons Irishmen were hired to do it and ten thousand pounds profered to Sir George Wakeman to poison the King Thus still they go on in their attempts and that being too little five thousand pounds more was added This is to shew you the Gross of the Plot in general and also the particular Transactions of these two murtherers Grove and Pickering with the Conspiracy of Ireland Bedlâ—â—w swears directly that in August last these Three and Harcourt Pritchard and Le Faire being altogether in a Room did discourse of the Disappointment the Four had met with in not killing the King at Windsor And there the Resolution was the old stagers should go on still but they had one Conyers joyned to them and they were to kill the King then at Newmarket He swears they did agree to do it that Ireland was at it and that all three did consent to that Resolve So that here are Two Witnesses that speak positively with all the Circumstances of this Attempt of the Two to kill the King and the Confederacy of Ireland all along with them Nâ—â—w I must tell you there are no Accessaries but all Principals in Treason It may seem hard perhaps to convict men upon the Testimony of their fellow Offenders and if it had been possible to have brought other Witnesses it had been well but in things of this nature you cannot expect that the Witnesses should be absolutely spotless You must take such Evidence as the nature of the Thing will afford or you may have the King destroyed and our Religion too For Jesuits are too subtle to subject themselves to too plain a proof such as they cannot evade by Equivocation or a flat dâ—â—nial There is also a Letter produced which speaking of the Consult that was to be the 24th of April proves that there was a Conspiracy among them And although it is not Evidence to convict any one man of them yet it is Evidence upon Mr. Oate's Testiny to prove the general Design It is from one Petre to one of the Confederates and taken amongst Harcourt papers after Mr Oates had given in his Teâ—â—imony and therein it is mentioned thâ—â—t the Superior had taken care that there should be a meeting the 24th of April the
this to you as intending thereby to inveigh against all persons that profess the Romish Religion for there are many that are of that perswasion that do abhor those base Principles of murdering Kings and subverting Governments There are many honest Gentlemen in England I dare say of that Communion whom none â—â—f the most impudent Jesuits durst undertake to tempt into such Designs these are onâ—â—y to be imposed upon silly men not upon men of Conscience and Understanding And â—â— prâ—â— God as was said lately by a learned Gentleman whom we all know that all Proâ—â—estants may be as safe from the Force of your Daggers as they are from those of your â—â—rguments for I dare say that you could sooner murder any man that understands â—…e Protestant Religion than perswade him to such Villanies And among those many â—â—ings which prevailed with the honest Gentlemen of the Jury to convict you of this â—…id Crime they could not but take notice that you speaking to Ireland that do â—…end to Learning did send into Forraign parts that your fellow Jesuits shoâ—â—ld take 〈…〉 publickly to preach That the Oath of â—…giance and Supremacy by which the â—…on Justice of the Nation is preserved signified nothing which is a strong Evidence of your Design not only to murther the King but subvert the Government for surely the most probable way to do that is to asperse those Oaths by which all Protestant Subiects those whom you call Hereticks lie under an Obligation of Obedience to their Prince And â—â— think it not unfit to tell yon that you had a great favour shewed to you to be tried only for the Matters contained in this Indictment for you that are Priests must know that there is a Law in the Land that would have hanged you for your very residence here for if any Subject born in England shall take Orders from the See of Rome and afterwards come into England and remain there Forty days such for that Offence alone are made Traytors by Act of Parliament But you are so far from being under any Awe of that Law or Submission to it that you dare not only come to live here in despite thereof but endeavour what you can to overthrow both it and the Government it self You dare conspire to murther the King nay not only so but you daâ—â—e make your Consults thereof publick You dare write your Names to those Consults You dare sollicite all your Party to do the like and make all the tie of Religion and Conscience that to considering Christians are Obligations to Piety and Charity as Engagements either to act your Villanies or to conceal them We think no Power can dispence with us whom you call Hereticks to falsifie our Oaths much less to break our Covenant with God in the holy Sacrament But you instead of making that a Tie and Obligation to engage you to the Remembrance of our Saviour make it a snare and a gin to oblige your Proselites to the assassinating of Kings and murdering their Subjects I am sorry with all my Soul that men who have had their Education here and the benefit of the good Examples of others should not only be leâ—… into such mischievous Principles themselves but to be of that confidence in their Perswasion as to dare to debauch others also I am sorry also to hear a Lay-man shoulâ—â— with so much malice declare That a Bullet if round and smooth was not safe enouâ—â— for him to execute his Villanies by But he must be sure not only to set his poysonoâ—â— invention on work about it but he must add thereto his poysonous Teeth for seâ—â— if the Bullet were smooth it might light in some part where the Wound might be â—…red But such is the height of some mens Malice that they will put all the Venoâ—… and Malice they can into their actions I am sure this was so horrid a Design thâ—â— nothing but a Conclave of Devils in Hell or a Colledge of such Jesuits as yours 〈…〉 Earth could have thought upon This I remember to you for the sake of them that are to live and for the Chariâ—… I have for you who are to die for the sake of them that are to live for I hope when they hear that men of your Perswasion dare commit those outragious Crime and justifie them by a Principle of Religion they will not easily be seduced into yoâ—â— Opinion And out of Charity to you that are to die to perswade you to hearty 〈…〉 pentance for otherwise I must tell you thy Fifteen hundred pound speaking Grove nor thy Thirty thousand Masses speaking to Pickering will avail but liâ—… And I thought fit to say this also that it may be known that you have had the full â—â—nefit of the Laws established in England and those the best of Laws for such is noâ—â— Law of other Nations for if any Protestant in any place where the Romish Religioâ—â— profest had been but thought guilty of such Crimes he had never come to the Foâ—â—lity and Justice of Arraignment and to be tryed by his Peers permitted to make Defence and hear what could be said against him but he had been hang'd immediatâ—â— or perhaps suffered a worse Death But you are not only beholding to the happy â—…stituâ—… of our Laws but to the more happy Constitution of our Religion For â—â—heâ—â— are the admirable Documents of that Religion we in England profess That we dare not requite Massacre for Massacre Blood for Blood We disown and abhor all Stabbing and we are so far from reckoning that he shall be a Saint in Heaven for assassinating a Prince and be prayed to in another world that the Protestant is required to believe that such that begin with Murther must end with Damnation if our blessed Lord and Saviour do not interpose nothing that man can do Papist or Protestant can save any man in such a case We dare not say that our Religion will permit us to murder Dissenters much less to assassinate Our King And having thus said let me once more as a Christian in the name of the great God of Heaven beg of you for your own Souls sake be not satisfied or overperswaded with any Doctrine that you have preached to others or imbibed from others but believe that no one can contrive the Death of the King or the overthrow of the Government but the great God of Heaven and Earth will have an account of it and all Pardons Absolutions and the Dispensations that you who are Priests can give to your Lay-brother or that any of your Superiors may give to you will not serve the turn I know not but as I said you may think I speak this to insult I take the Great God of Heaven to witness that I speak it with Charity to your Souls and with great sorrow and grief in my own heart to see men that might have made themselves happy draw upon themselves so great a ruin But since you have been so fairly heard