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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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Grove should Murther the King and that therefore Whitebread and the rest of the Persons Indicted should say a Number of M●sses for the Soul of Pickering And Grove for this piece of service was to have a Sum of Money And the Indictment says further that these persons did take the Sacrament to commit this Treason with more secrecy and that they did likewise Prepare Excite Abet and Counsel Four other unknown Persons to kill the King at Windsor All these Facts are said to be done Advisedly Maliciously Traiterously and Devilishly and against their Allegiance to the King To this they have pleaded Not Guilty if the Kings Evidence prove it you are to find it so And then Sir Creswell Levinz one of the King 's Learned Council in the Law proved the charge thus Sir Cr. Levinz May it please your Lordship and you Gentlemen of the Jury Th●se Prisoners at the 〈◊〉 by Persuasion Papists by Order and D●●●●● th●● are all Priests By the Law of the Land viz By a Statute made the 27th of Eliz. They are all Guilty of Treason for being Priests and they might be Tryed as such and ought todye for it but that is not the Fact that they are Charged with nor will they have the satisfaction to●ay that they suffer for their Religion No they are charged with a Treason of a blacker and darker Nature And tho I must tell you that it is now almost 100 years ago since that Statute was made against Priests coming into England Yet Examples have been very rare that any of this sort of Men have dyed for their Religion within that Queens time or any of her Successors yet they have dyed upon worse accompts and upon such accompts as they are now brought to this Bar for Such is the difference between their Religion and Ours they have been suffered to live here under a Law by which they ought to dye They kill the Protestants by Thousands without Law or Justice witness their Bloody doing at Mirendol Their Massacre as Paris Their Barbarous cruelty in Ireland since the year 1640. And those in Piedmont since 1650. But these are not the crimes they are charged with they are not accused for their Religion but for the blackest and darkest Treason that men can be charged with They are charged with an endeavour to Murder the King under whose protection they lived This murther of the King hath been carried on in the Design of it with all the malice and Resolution that can be from the first time that we can give you an account of it which was the 24th of April 1678. When these persons and several others did first Assemble about other matters of their own and among the rest to Murther the King there they came to Resolution that it should be done and persons were appointed to do it these were Grove and Pickering who have been Executed for it They were to kill the King in St. Jame's Park but it pleased God that the Flint of the Pistol failed to which we are more beholding than to them that he escaped that time They were not satisfiyd with that but they send down Four Butchers to murther him at Windsor who being disappointed they sent down Others after that to Murther him at New-Market and when all these failed they had Recourse to that Treacherous and Vnmanly way of Poysoning him and hired one so to do and they did not only intend to Murther the King but to make it good by force when they had done They intended to raise an Army they had got Commissions to several persons in the Kingdom to command these Forces They designed to raise 50000 men to maintain the Injustice when then they had done it And that was not all they had a recourse to Forreign assistance and depended upon Forreign succours if they were not made good at home Gentlemen they have been disappointed in all these things they had an intention further as I find it in my brief to make a general Massacre of all Protestants here A thing that they have done and we have heard of abroad but thanks be to God we never knew it Experimentally at home And I hope God that hath preserved us hitherto will preserve us still The mercy these Men have met with in being suffered to live under the danger of the Statute by which they might have justly dyed hath not prevailed upon or bettered them at all but been turned into Monstrous Ingratitude and made them more desperate than other people would have been Gentlemen when all this is opened I must tell you if th●se Persons be innocent God forbid they should suffer but if they be Guilty surely they are not fit to live among Men And truly if they be Guilty they do not only deserve to dye but to dye a more Cruel and miserable death then either the mercy of our Prince or the moderation of our Laws hath provided for such Offenders I shall detain you no longer but will call the Witnesses and then you shall Judg whether they be Guilty or not And we begin with Mr. Oates Who was Sworn Sir Cr. Levinz Pray what can you say to these Gentlemen begin with Mr. 〈…〉 Lord Ch. Just Mr. Oates apply your Evidence as distinctly as you can to one Person at first unless where the matter will take in all or more then one of them Dr. Oates My Lord I have Evidence I desire may be called in I shall have occasion to use them Gavan It may be inconvenint He may instruct his Witnesses Lord Ch. Just North. No he shall not for we will take care of that But name your Witnesses Dr. Oates There is Sir Richard Barker Mr. Walter a Minister Mrs. Mayo Philip Page Mr. William Smith and one Mr. Clay Mr. Butler Mrs. Sarah Ives Mr. Just Atkins Take a Note of their Names and send for them Lord Ch. Just Now Mr. Oates go on with your Evidence And when there is occasion to make use of these persons they shall be call'd Dr. Oates The prisoner at the Bar Mr. Whitebread was made constituted Provincial so as it was publickly known to us in the month of December last was 12 month he did Order by Vertue of his Authority one Father George Conyers to preach in the Sodality of the English Seminary on the Holyday which they call St. Thomas of Canterbury i. e. Thomas of Beckets day in which there was Order given that Mr. Conyers should Preach assert this Doctrine That the Oaths of Allegiance and Supremacy were Heretical Antichristian Devillish accordingly this Order was Executted and the Sermon preached Mr. Whitebread in the month of January wrote Letters or at least-wise in the beginning of February I will not be positive as to the time because it does not occur to my memory to St. Omers concerning the State of Ireland of which he had an accompt from Arch-bishop Talbot who wrote him word that there were several Thousands of Irish that were ready
to Rise when the Blow should be given in England Lord Ch. Just was that in Whitebreads's Letter Doctor Oates Yes my Lord and Mr. Whitebread did say He did hope it would not be long ere it was given Now my Lord by the word Blow we did use to understand and had instructions to understand the death and murder of the King and in the month of January I think it was that he sent over two Jesuits into Ireland to see how the state of Affairs stood there in the beginning of April they returned of which we had an account from Mr. Whitebread by Letters wherein there was mention of a Consult to be held in the month of April old Stile and May new Stile according to the Order there given there met at that Consult the Prisoners at the Bar Whitebread Fenwick Harcourt and Turner and if it please your Lordship all these at that Consult did Sign a Resolve Mr Whitebread at his Chamber which was at Wild-house Mr. Fenwick at his Lodgings in Dru●y-lane and Mr. Harcourt who had some at his Chamber in Duke-Street But my Lord I am to premise this before I go any further that the Consult was begun at the Whitehorse Tavern in the Strand and there they did agree to send Father Cary to be their Procurator at Rome and after some such things were done they adjourned into several Clubs or Colloquies or what you please to call them One was at Mr. VVhitebread's Chamber another at Ireland's Chamber that is Executed another at Harcourt's and another at Fenwick's now here was a Resolve Signed by these Prisoners at the Bar in which Lord Ch. Just That is four of them Whitebread Fenwick Harcourt and Turner Dr. Oates Yes my Lord. Lord Ch. Just Was Gavan there Dr. Oates I dare not my Lord affect him with that because I cannot be positive but I le give you my Evidence against him by and by My Lord these four Gentlemen with the rest of their Accomplices did Sign a resolve which was this That Pickering and Grove should go on in their attempt to dispatch the King and this they did resolve upon and gave it as their Judgment as a very excellent expedient My Lord after this Consult we did return we were 8 or 10 that came over and may it please your Lordships in the month of June I think it was June he came to Flanders in order to visit his Colledges being Provincial of the Jesuits of England He did stay there as near as I can remember till the 10 of June and enquiring of the Fathers how Squares went in Town among other expressions he used this was one That he hoped to see the black Fools head at Whitehall laid f●st enough and that if his Brother should appear to follow in his footsteps his Pasport should be made too or to that purpose he should be dispatch'd Upon the 13 th of June old Stile the 23. new Stile I had orders to come for England according to which Order I came and did take the Pacquet-Boat as near as I can remember the 24 th which was 14 th old stile and we landed at Dover the 25 th very early in the morning and when I was at Dover I met with the prisoner at the Bar Mr. Fenwick and he my self and some others did take Coach and come as far as Canterbury after we had eaten and drunk there we came six miles further where there was a Box seized by the Searchers of the Town of Borton and this Box was brought up by Mr. Fenwick and directed to one Blundel and the Superscription was as near as I can remember in these words To the Honourable Richard Blundel Esq at London And this prisoner at the Bar Mr. Fenwick did desire that the Searchers would send it to him it was full of Beads and Crucifixes and such things to the Fountain Tavern near Charing-cross and writ a Letter to him by the name of Mr. Thompson a that was the name he usually went by when he came to Dover and he had then brought some Students there to send over to St. Omers L. C. J. When went Fenwick Dr. Oates When I came to Dover I met Fenwick by the name of Thompson going to send over the Students and Fenwick did say if they had searched his pockets as they had searched his Box they had found such Letters as would have cost him his life for saith he they were about our concern in hand Then we came up to London and arrived at London the 17th of June old stile for we lay a part of the way at Sittenburgh in the morning and in the afternoon we came to Dartford and came to London Monday noon the 17th old stile And in the month of July there was one Richard Ashby whose right name indeed is Thimbleby but he went by the name of Ashby and this Gentleman did bring over Instructions from the prisoner at the Bar Mr. Whitebread who was abroad in Flanders wherein he was to propose 10000 l. to Sir George Wakeman to poison the King and several other Instructions there were of which I cannot now give you an account and withal that a blank Commission should he filled up and ordered for Sir John Gage to be a military Officer in the Army and by that Gentleman 's own orders I delivered that Commission into Sir John Gages own hand on a Sunday Lord Ch. Just Where had you that Commission from Whitebread Dr. Oates It was signed and sealed by him but it was a blank and was to be filled up L. C. Just Where Dr. Oates It was at Wild-House L. C. J. How was it filled up Dr. Oates It was filled up by Mr. Whitebreads order it was signed and sealed blank and he ordered it to be filled up and me to take that Commission and carry it to Sir John Gage Whitebread Did I order you Dr. Oates You ordered Ashby I saw the Letter and knew it to be Whitebreads hand L. C. J. Was it before he went to St. Omers Dr. Oates It was while he was at St. Omers Whiteb. What day was it what hour Dr. Oates It was in July Whiteb. What time of the month Dr. Oates The beginning or middle Whiteb. Are you sure it was in July Dr. Oates I cannot be positive but I think it to be in July for Ashby went to the Bath the latter end of July or the beginning of August and it was before he went Whiteb. Who was present at the signing of this Commission Dr. Oates There was present at the filling up of this Commission Mr. Harcourt Mr. Ashby and Mr. Ireland Fenvick Was not I there Dr. Oates I think I filled it up I 'le tell you when you were there presently My Lord when Ashby went away Fenwick went out of Town but returned again presently to give an account how Squares went and really I cannot remember where he had been but as near as I can it was in Essex I will not be positive
my Lord the most of the time he remained there I acknowledge he was in the Infirmary L. C. J. How long Hall Four or five days or thereabouts L. C. J. Was he in the Colledge in April Hall Yes my Lord all along L. C. J. And all May Hall Yes my Lord I saw him all May I laid his Table neer the door at a particular place where he always sate Jury My Lord we desire to know what employment he is of now L. C. J. Hall what made you come into England Hall My Lord I had not my health there L. C J. How long had you lived there Hall Seven years and upwards L. C. J And when began you to be sick Hall I had not my health at Christmas in December 1677. L. C. J. What employment have you here for you had a good place there Hall I live at home with my Father and my friends L. C. J. What is your Father where lives h● Hall He is a Gentleman he lives in Radnorshire L. C. J. When came you to London Hall I came to England in July 1678. L. C. J. But you say you Father is in Radnorshire when came you here to Lnndon Hall I have been here about a moneth I was summoned up as a Witness Then one Dallison was called who did not appear and one Manshall appearing but speaking French and no English and an Interpreter not being ready he was for the present by the consent of the Prisoners set aside And then stood up one Cook L. C J. When came you from St. Omers Cooke In January Last L. C. J. And where have you been ever since Cooke Here in Town my Lord. L. C. J. Does your Father live here in Town Cooke No my Lord. L. C. J. Do your friends live here Cooke No my Lord. L. C. J. You came over upon this occasion did you Cook● Yes my Lord. L. C. J. When did you see Mr. Oates there Cooke I saw him in last June L C J And was he there in July Cooke No my Lord L C J What time did he go away Cooke The 23 d the Eve of the Feast of St Iohn Baptist L C J How do you know Cooke I made him some Clothes L C J Are you a Taylor Cooke Yes L C J How often did you see him Cooke Every day L C J. How came he to keep you company Cooke I could not chuse but see him sometimes I saw him 20 times a day L. C J. Where was he in April Cooke He was there all April L.C. J. He might be absent one day or so and you see him not Cooke He used to come twice a week to my shop for things L. C. J. Was he there all May Cooke Yes L. C. J. You say you saw him every other day Cooke Yes my Lord. Sir Chr. Levins Why Sir there are 150 Scholars there how can you tell he was there so well Mr. J. Pemberton Can you tell every one that was there all that time Cooke No I can't tell every one that was there but he was particular enough Lord Chief Just Did you live in Town as a Taylor or in the Colledge Cook In the Colledge Mr. Belwood Was Mr. Oates at Watton any part of the time Cooke Yes he was Mr. Belwood What day what month Cooke I cannot justly say the day but it was in April Lord Ch●ef Just How long was he absent Cooke Only one night as it shall please you Mr. Just Pemberton Heark you how came you to take notice that he was at Watton one night Cooke It was talked of among all the Scholars Lord Chief Just How can you remember what was said a year ago of one man Cooke It was reported all over the House Gaven In one place of his Narrative he says he came over with Sir John Warner and Sir Thomas Preston Lord Chief Just North That is nothing to the purpose If you can contradict him in any thing that hath been sworn here do Gaven If we can prove him a perjured man at any time we do our business L. C. J. You should have proved him a perjur'd man before How can we prove one Cause in another and then too he had been provided to make his defence Can he come prepared to make good every thing that he hath said in his life Dr. Oates Can I come to make good my Evidence against all I have done in my life Lord Chief Just Look you if so be he hath forsworn himself in any former Tryal if that would appear you have all the reason to make use of it but you have not taken the right way you should have indicted him and tryed him for perjury in the former Trial and then he could not have been heard at all in this Whitebread We were all Prisoners close shut up Lord Chief Justice We know you have a party strong enough and willing enough to convict him of Perjury if they could but look you Gentlemen here is the thing if you can give such Evidence as will satisfie the Jury that he was absent all April and all May you have said a great thing His Evidence will be quite contradicted Whitebread He says he came over with Sir Thomas Preston and Sir John Warner and others Lord Chief Just He says nothing of it now Dr. Oates May it please you my Lord I will answer it if you please Lord Chief Just They desire to know who came over with you when you came over in April Dr. Oates I will tell you and to convince the Court that in neither of the Trials I did contradict my self I say I did name some persons at one time that I did not name at another There came over with me the Rector of Liege Sir John Warner Father Williams Father Marish Father Warner Sir Tho. Preston and others Lord Chief Just This is dea●ing plainly with you Then stood up one Bartlett Lord Chief Just What Countrey-man are you Bartlett I am a Dutch man Lord Chief Just Can you speak English Bartlett Yes a little Lord Chief Just When came you from Saint Omers Bartlett I came from Saint Omers the 23 of May in the year 1678. new stile Gaven My Lord this man is come over to testifie that Oates is perjured in a circumstance about Sir John Warner Lord Chief Just He is to contradict Mr. Oates testimony for he says he came over with Sir John Warner and you say Sir John did not come at that time Gaven Yes Lord Chief Just Well when did Sir John Warner come over from Saint Omers Bartlett Whither Lord Chief Just Into England Bartlett Sir John Warner hath not been in England all May and all the month of April L. C. J. Where was he Bartlett He was at Watton I did see him there L. C. J. Were you there all that time Bartlett Yes I was Lord Ch. Just North Were you there all May Bartlet Yes I was L C J. When did you come over into England last Bartlett The
23 th of May L. C. J. How long have you been in England Bartlett About 5 or 6 weeks Lord Chief Just What is your Name Bartlett My Name is Bartlett Lord Chief Just But you say that you came over the 23 th of May. Bartlett I did not come over till the latter end of June Lord Chief Just Just now you said you came over the 23 th of May. Bartlett No my Lord I thought you had asked the question when Mr. Oates came over Mr. Just Pemberton He says so as your Lordship says before Lord Chief Just How do you know when Mr. Oates came over Bartlett I heard so beyond Sea Then one Carlier a Foreigner appearing and not being able to speak English Mr. Tisser the Under-sheriff of Middlesex was sworn truly to interpret his Testimony L. C. J. Mr Tisser you are only to tell us what he says Ask him when he came into England last Mr. Tisser He says my Lord it was between seven and eight weeks ago Lord Chief Just Ask him if he knows where Sir John Warner was last Summer was a year ago Mr. Tisser He says my Lord he was in Watton for two years last past L. C. J Ask him where he was all April was twelvemonth and all May Mr. Tisser My Lord he says that the last Sunday in April Sir John Warner was at his house at Watton Lord Chief Just And where was he all May Mr. Tisser In the same house Lord Chief Just Ask him how he does know Mr. Tisser My Lord he saith that he was a Gardener there L. C. J. It seems he says to the same effect as the last Witness did Call another Who did stand up L C. J. What is this mans name Gaven His name is Charles Verron L. C. J. Does he speak any English Gaven No he does not L. C. Just Then Mr. Tisser ask him if he knows Sir John Warner and where he was April and May was twelvemonth Lr. Tisser He says my Lord that he was at Watton all April and May and continued there till September L. C. J. Pray ask this man what quality he is of there Mr. Tisser He goes along with a Vessel between Saint Omers and Watton and that he knows it to be true Lord Chief J. Ask him if he did see him every day Mr. Tisser He says generally my Lord dayly Lord Chief Just Ask him what Religion he is of Mr. Tisser He says he is of the Roman Religion Then stood up one Baillee Lord Chief Just Ask him Mr. Tisser if he knows Sir John Warner and where he was all April and May was twelvemonth Mr. Tisser He says the same that he was at Watton all April and May. Lord Chief Just Ask him how he can tell Mr. Tisser He says he is a Servant of the House Lord Chief Just And did he see him there dayly Mr. Tisser My Lord he says that he gave him directions to make a Bastyment that he is a Mason and that he did give him directions dayly about it and that he saw him every day Lord Chief Just Look you Gentlemen of the Jury he speaks to the same purpose that the three Witnesses before spoke to he says he is a Mason and that he built a Bastyment there by direction from Sir John Warner and that Sir John Warner came dayly to give directions about it Then stood up John Joseph L. C. J. Do you know Sir Thomas Preston Joseph Yes my Lord. L. C. J. When did you see him Joseph In the months of April May and June L. C. J. Where was he then Joseph He was at the English House at Liege Lord Chief Just Did you see him there how often did you see him there Joseph I saw him there every day almost Lord Chief Just What occasion had you to see him what were you there Joseph I was Porter of the Gate Lord Chief Just And did you see him all the month of April Joseph Every day most commonly Lord Chief Just Did you see him once in a day or two Joseph I did see him in April May and June Lord Chief Just That you might do but did you see him very day Joseph Every day most commonly I cannot absolutely say but two or three days in a week Sir Cr. Levins Pray do you know of any time that Sir Tho. Preston was absent from Leige Joseph He was in the time of the vacancy Sir Cr. Levins Was he not absent in April or May Joseph No my Lord. Lord Chief Just When are the vacancies Joseph In August my Lord. Then stood up one Peter Carpenteer Lord Chief Just Do you know Sir Th● Preston Carpenteer Yes my Lord very well Lord Chief Just Where did you know him Carpenteer I knew him at Leige Lord Chief Just How often did you see him there in April and May. Carpenteer Every day I saw him there all April and May. Lord Chief Just What Office had you there Carpenteer I was Caterer Gaven My Lord we have no more Witnesses as to this point But my Lord my Case is different from the others Mr. Oates says he did not see me in the Congregation but he says he afterwards saw my hand to the Consult Now my Lord I have a Witness to prove that I was at that time at Wolverhampton in Staffordshire No body hath a right to sit in the Congregation till he become a professed Jesuit which at that time I was not Lord Chief Just He does not charge you to have been there though he says he saw your hand to it Gaven My Lord I was then in the Countrey Lord Chief Just North That will do you some and yet but little service if you can prove your self at Wolverhampton at that time but call your Witnesses L. C. J. Mr. Gaven he says he saw a Letter of yours giving an account how affairs stood in Staffordshire and Shropshire and that afterwards in July and before that Gentleman Mr. Ashby went to the Bath he heard you discourse of the same matter And though he cannot charge his memory to say he saw you the 24 th of April yet says he I did see his hand to the Consult and being asked how he knew your hand he says he knew it by your writing a Bill of Exchange in his presence Gaven I could not sign the Consult at London and not be at London Lord Chief J. North. I believe in such a business you care not how many hands you have but we will not prevent you calling your Witnesses You are upon your life don't spend the time call them quickly Lord Chief Just What do you call them to prove Gaven To prove that I was at Wolverhampton the 24 th and 25 th of April Lord Chief Just Pray hear what he says himself You say Sir you saw his hand to the Consult that was in April pray when was it that you saw it Dr. Oates It was in June or July Lord Chief Just North. You might set your hand
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
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
but he could not be so for he entred himself into the Sodality the 25 th of March and not long after his admission he was put to read every Sunday morning at 6 a Clock And after that he began once to read he never was absent from that time till the time he went away Lord Ch. Just Why did he read when he was sick Billing He was not sick upon the Sunday Lord Ch. Just You say he was sick in April Billing Yes my Lord. Lord Ch. Just But was he not sick of a Sunday in April Billing He was only a little indisposed and frequented the infirmary in the day time for a matter of 3 or 4 dayes Lord Ch. Just Did he read at the time he was sick in the infirmary Billing He was not sick an whole week Lord Ch Just Did it reach to a Sunday Billing No my Lord that I remember Lord Ch. J. How long did he continue there Billing Til towards the latter end of June Lord Ch. Just Did you see him once in 2 or 3 days Billing Yes my Lord I did constantly And upon the second of May ●●ve● particularly remember looking out into the Garden I saw Mr. Blunt walking in the Garden and Mr. Oates with him And observing him to be very intimately familiar with him I a●ked some that were with me Does this Sampson for he went by that name in the Colledge says I does Sampson know Dick Blunt no said they and we wondered at his confidence having no greater acquaintance I saw him that day walking in the Garden with that Blunt L. C. J. That was the second of May Billing Yes my Lord. L. C. J And he was constantly in this Gentlemans company that day Billing Yes and moreover the same day this Sampson was walking with one John Rushton in the Garden and seeing me walk alone Thomas says he have you never a companion No Sampson said I well said he prithe come to us So I was with him walking a little while and then this Blunt and one Henry Howard were playing one with another throwing stones at one anothers Shins At which he was displeased and said ●f they would not be quiet he would go tell the Rector Howard was hasty and spoke angerly to him and said if he would not be quiet he would beat him But Mr. Oates persisting and daring of him says h● what do you dare me and come up to him and throws up Mr. Oates his heels With that mr Oates lookt very fre●fully upon him and withdrew himself into the Infirmary as we thought to speak to the Rector And by these particulars and such as these I remember to have seen him every day one day with another or every other day at St. Omers till he went away which was in June Then stood up another one Townely L C. J. Come mr Townely do you know mr Oates Tow. Yes my Lord L. C. J. When came you from St Omers Townely I came a week before Easter Lord Ch. Just When saw you this same Mr. Oates at St. Omers Townley I saw him in June Lord Ch. Just When else Townley In May. Lord Ch. Just When else Townley In April Lord Ch. Just Was he there in all April all May and all June Townley No not all June He went away as I take it about the 10 th of June Lord Ch. Just Pray how often did you see him Did you see him every day Townley I conversed with him every day He was partly a Scholar and partly a Father and sat at a Table by himself He went to School as a Scholar 'T is true indeed he did not learn as the rest of the Boys did but he went to School at the Boys did and was at a Table from the Fathers as the Boys were but apart and alone Lord Ch. Just But how often did you see him was it every other day Townley Yes I believe I did Lord Ch. Just What for all April and all May Townley Yes Lord. Ch. Just How came you to take such particular notice of it that you can say you saw him every other day Town●ley If I constantly dine with one or if he be at a single Table alone he cannot be absent but I must take notice of it and he was neither as a Father nor as a Scholar but betwixt both and therefore the more to be taken notice of Lord Ch Just This then you say He siting by himself and being distinct from all ●he others you might more easily observe his absence than any others This is that you say Townley Yes my Lord. Lord Ch. Just You say well Call another Then stood up one Fall Lord Ch. Just When came you from St. Omers Fall about Two months agoe Lord Ch. Just When did you see Mr. Oates Fall I saw him when I was in my Syntax and now I am in Poetry L. C. J. What moneth did you see him in Fall When he came first as I rember it was at Christmas L. C. J. Christmas last Fall No it was Christmas was twelth month Christmas 1677. L. C. J. How long did you see him there Fall I saw him there from that time till June only when he was at Watton L. C. J Was he never sick Fall I saw him in the Infirmary my self L. C. J. How can you tell when a man is sick Fall I do not pretend to do that but he was in the Infirmary as a sick man L. C. J. How came you to take particular notice of it Fall I took no particular notice but I have recollected my memory L. C. J. Upon what occasion Fall Upon this occasion L. C. J. How often did you see him Fall I saw him every day L. C. J. How long have you been in the Convent Fall My Lord I have been there two years and an half Then stood up John Hall L. C. J When came you from St. Omers Hall in July my Lord. L. C. J How long have you been there Hall seven years and upwards L. C. J. How long is it since you came from thence Hall In July in the year 1678. L C. J. And did you see M● Oates there then Hall No my Lord L. C.J When did you see him there then Hall I saw him there in April May June L. C.J. What all June Hall No my Lord. L. C. J. How long in June Hall He went away about the Twenty third of June L. C J. How came you to take such particular notice Mr. Oates was there all this while Hall I was a servant there L. C. J. In what way Hall A Resectorian a Butler L. C. J Did you keep Books of what meat and drink they had Hall No I laid their Table drew their Beer and laid the Bread L. C. J. And did you serve Mr. Oates with bread and Beer every day Hall Yes my Lord most Dayes L. C. J. Did you serve the Infirmary Hall No my Lord. L. C. J. But you say you served him every day Hall Yes