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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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by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. your Supream and Natural Lord not having the fear of God in your hearts nor weighing the Duty of your Allegiance but being moved and seduced by the instigation of the Devil the cordial love true due and natural Obedience which true and faithful Subjects of our said Soveraign Lord the King towards him should and of right ought to bear wholly withdrawing and devising and with all your strength intending the peace and common tranquility of this Realm to disturb and the true Worship of God within this Kingdom of England used and by the Law established to overthrow and the Government of this Realm to subvert and Sedition and Rebellion within this Kingdom of England to move stir up and procure and the cordial love and true and due obedience which true and faithful subjects of our said Soveraign Lord the King towards him should and of right ought to bear utterly to withdraw put out and extinguish and our said Soveraign Lord the King to Death and final Destruction to bring and put on the four and twentieth day of April in the thirtieth year of the Reign of our said Soveraign Lord King Charles the second at the parish of St. Giles in the Fields in the County of Middlesex aforesaid You the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gavan Anthony Turner and James Corker with diverse other false Traitors subjects of our said Soveraign Lord the King to the Jurors unknown falsly subtilly advisedly maliciously and traiterously did purpose compass imagine and intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable slaughter among the subjects of our said Soveraign Lord the King to procure and cause and our said Soveraign Lord the King of his Kingly State Title Power and Government of his said Kingdom of England utterly to deprive depose cast down and disinherit him our said Soveraign Lord the King to death and final destruction to bring and put and the Government of this Kingdom of England the sincere Religion of God within the same rightly by the Laws of the same established at your will pleasure to change alter and the State of this whole Kingdom of England through all its parts well instituted ordained wholly to subvert and destroy and War within this Kingdom of England against our said Soveraign Lord the King to levy And to accomplish and fulfil your said most wicked Treasons and traiterous imaginations purposes You the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gavan Anthony Turner and James Corker and other false Traitors against our said Soveraign Lord the King to the Jurors unknown the said four and twentieth day of April with Force and Arms c. in the Parish aforesaid and County aforesaid falsly maliciously subtilly advisedly devillishly and traiterously did assemble unite and gather your selves together and then and there falsly maliciously subtilly advisedly devillishly and traiterously did consult consent and agree our said Soveraign Lord the King to Death and final Destruction to bring and put and the Religion of this Kingdom of England rightly and by the Laws of the same established to the Superstition of the Romish Church to change and alter and the Government of this Kingdom of England to subvert and that one Thomas Pickering and one John Grove should kill and murder our said Soveraign Lord the King and that you the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gavan Anthony Turner James Corker and other false Traitors against our said Soveraign Lord the King to the Jurors unknown should therefore say celebrate and perform a certain number of Masses then and there amongst your selves agreed on for the soul of the said Thomas Pickering and for that cause should pay to the said John Grove a certain sum if money then and there amongst your selves agreed on and that you the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gavan Anthony Turner and James Corker and other false Traitors to the Jurors unknown in further prosecution of the Treasons and traiterous Consultations and Agreements aforesaid afterwards the said four and twentieth day of April at the Parish aforesaid in the County aforesaid falsly subtilly advisedly maliciously devillishly and traiterously did severally each to the other engage your selves and upon the Sacrament traiterously swear and promise to conceal and not to divulge the said most wicked Treasons and traiterous compassings consultations and purposes aforesaid amongst your selves had traiterously to kill and murder our said Soveraign Lord the King and to introduce the Romish Religion within this Kingdom of England and the true reformed Religion within this Realm rightly and by the Laws of the same established to alter and changes and that you the said Thomas White otherwise Whitebread John Fenwick William Harcourt alias Harrison John Gavan Anthony Turner and James Corker and other false Traitors to the Jurors unknown in further prosecution of your said Treasons and traiterous intentions and agreements aforesaid afterwards the said four and twentieth day of April at the Parish aforesaid and County aforesaid falsly subtilly advisedly maliciously devillishly and traiterously did prepare perswade excite abet comfort and counsel four other persons to the Jurors unknown subjects of our said Soueraign Lord the King traiterously our said Soveraign Lord the King to kill and murder against the Duty of your Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the form of the Statute in that Case made and provided How sayst thou Thomas White alias Whitebread art thou guilty of this High Treason whereof thou standest indicted or not guilty Whitebread My Lord I desire to speak one word I am advised by Council and I may and ought to represent it to this Court for not only my own life but the lives of others of his Majesties Subjects are concerned in it That upon the 17 th of December last I was tryed upon the same Indictment the Jury was impannell'd and called I put my self into the hands of the Jury and the Evidence was brought in and examin'd particularly against me and was found insufficient so that the Jury was dismissed without any Verdict I humbly submit my self to your Lordships and this noble Court whether I may not have Counsel in this point of Law to advise me whether I may and ought to plead again the second time for according to Law I am informed no man can be put in jeopardy of his Life the second time for the same cause Lord Ch. Just You say well Mr. Whitebread Whitebread I speak it not for my sake only but the sake of the whole Nation no man should be tried twice for the same cause by the same reason a man
any Question Gav Mr. Oates you say you saw my Name to a Letter for the taking up of money To whom was that letter writ Dr. Oates There was a letter from you to Mr. Ireland And he did receive it by the hands of Grove Gavan Where was that money to be taken up Dr Oates My Lord I say that letter was received by Grove who is out of the way and can't prove it and was delivered to Ireland L.C. J. I perceive your memory is not good Gav I perceive his memory is very good Dr. Oates This letter did give an account of the business of Staffordshire and the particulars of that Mr. Gavan did afterwards give an accompt of by word o mouth and ●ome other things not fit to be named Gavan Pray where was it Sir that I gave an account of it in London or in the country Dr. Oates In London Gavan In what month Dr Oates In July it was Gavan What part of July Dr. Oates It was when Mr. Ashby was in Town the beginning or middle Gavan Just now you said it was in the latter end Dr. Oates My Lord I beg this favour that if the Prisoners at the Bar ask any questions they may be proposed to the court for they are nimble in their Questions and do a little abuse the Evidence They put things upon them that they never say Mr. Just Pemberton propose your questions to the Bench that you would have asked Gavan I will do so my Lord in whose Honour I have more confidence than in whatsoever Mr. Oates says or swears L. C. J. But he tells you who you drew your Bill of exchange upon and that was Sir William Andrews L. C. J. North Don't give the King's Witnesses ill words L. C. J. Have you any more to ask any of you Whitebread Yes my Lord. L. Ch Just See if you can catch him he gives you a long and exact accompt as can be given by any man in England and pray direct your self Mr. Whitebread to the Court. Whitebread He says he was here in April and at the Consult now I desire to know how long before that time were you I acquainted Dr. Oates Why before that time I never saw Mr. Whitbread's face Whitebread what imployment were you to have and what reward Dr. Oates When I came away from St. Omers I was to attend the motion of the Fathers at your Chamber and to carry the Resolve from chamber to chamber where the Fathers were respectively met Fenwick was not you at the White-Horse-Tavern Dr. Oates Yes I was there Fenwick Did you dine there Dr Oates No our stay was short there Fenwick How long did you stay in Town Dr. Oates Truly I can't tell you exactly but from the time I came into England to the time I went our again was under Twenty days Fenwick Who were they that came over with you Name the Parties Dr. Oa I will tell you who they were but it 's so long since I can't exactly remember Fenwick You need not trouble your memory you have them in your Narrative Dr. Oates My Lord there was Father Williams the Rector of Wotton the Rector of Leige Sir John Warner Sir Thomas Preston and some others Whitebread Was not Mr. Nevel there Dr. Oates I believe he was it is like he might be there Whitebread Was not Sir Robert Brett there Dr. Oates I believe he might Whitebread You have said so in your Narrative L. C. J. Perhaps a man will venture to write more than he will Swear not that he does Write what he does not believe but that he knows he ought to be more cautious in his Oath than in his Affirmation Fenwick My Lord with your Lordships favour it is upon Oath L.C.J.N. Fenwick you are in a Court of Law and we must go according to the Law if you will prove any contradiction in him to his Oath you must bring the persons here that saw him take the Oath and you must not think to take a Pamphlet for Evidence Fenwick It was Sworn before a Justice of Peace and will not I suppose be denied and therefore he must make his Evidence agree with it being part of his Narrative Gavan You speak of one thing in August and of another in July which month saw you me in Dr. Oates I told you I saw you in Town in July and when Father Ashby or Thimbleby was in Town And you said you would go and see him Just Pemberton He says it was in July and that is enough Gavan What time in July Dr. Oates It was towards the middle or latter end Gavan Was it before Mr. Ashby went to the Bath Dr. Oates It was so Lord Chief Just He says he saw you in Town when Ashby was in Town which was towards the latter end of July or beginning of August He cannot tell exactly whether but positively he says before Mr. Ashby went to the Bath Lord Chief Just North Well to satisfie you we will ask Mr. Oates the Question again Can you recollect whether it was the middle or latter end of July Dr. Oates My Lord as near as I can remember it was about the middle of July that Ashby came to Town and he did not stay in Town above a Fortnight And it was whilst he was in Town and designed to go down to the Bath That this Gentleman came to Town and gave accompt of the particulars of that Letter Lord Chief Just North You may ask him any Questions but I would have you observe what accompt he gives That about the middle of July Ashby came to Town that he staied in Town about a fortnight as he believes that during that time you came to Town and then was this Discourse Dr. Oates During that time I saw him in Town but I know not exactly when it was Gavan My Lord I would ask him one Question the thing that is brought against me is this He says Mr. Ashby came to Town in the middle of July that he stayed in Town a fortnight that while he was there I came to Town and had such Discourse Now my Lord I desire to know whether it was the first week or last week that Ashby was in Town that he saw me Lord Chief Just If he can answer it let him Dr. Oates My Lord I cannot Lord Chief Just He tells you he cannot charge his memory with it Dr. Oates No my Lord nor will not Lord Chief Just Really I believe there is scarce one in all this company able to give an accompt of a particular time of a passage so long ago Gavan No doubt he hath an excellent memory Lord Chief Just And if he had not some memorials of this he could not do it And though he hath memorials of the most eminent passages yet we cannot suppose he hath of all circumstances Gavan But this is the substance and your Lorship may conceive that not without Reason I urge it for if Mr. Ashby came to Town the beginning