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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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

in all my life and this is four years since Then said I what will serve your turn he told me twenty shillings which I lent to him and I never saw his face afterwards till I met him at the Privy Council and therefore how should a man believe a word he says Lord Chief Justice But how shall a man know that what you say is true Mr. Bedloe I will make it appear at the Tryal of the Lords that I sent to him for ten pounds and had it I cannot now prove it without bringing some Witnesses that I have behind a Curtain and I will not discover them till then they shall not know who they are Mr. Justice Windham Will you ask him any Questions Mr. Bedloe My Lord I have not said the one hundreth part of what I can say honestly and like a Christian of Mr. Harcourt Harcourt You may say what you will but you wont speak Truth Mr. Bedloe Mr. Harcourt went with me to Mr. Colemans when I carried over the Consult There was the greatest part of the Design in that which I was to carry over to Saint Omers and that Consult did I fetch from Mr. Coleman and Mr. Harcourt was with me and I had thanks from Mr. Coleman for my Fidelity in the Business and Expedition in bringing and carrying the Pacquets I was recommended to my Lord Arundel by Mr. Harcourt and was promised by his Lordship all the Friendship and Favor imaginable when the Times were turned Lord Chief Justice Why here you see he names several places and times wherein he met with you Harcourt N●t one word of all this is true Mr. Bedloe I desire you to ask Mr. Harcourt my Lord Whether he was not in August or September last in company with me and Le Faire Harcourt Le Faire I know no le Faire Mr. Bedloe Le Fevre then Harcourt Le Fevre I believe I did see at that time but not since Mr. Bedloe Prichard did recommend the care of me to him Lord Chief Just There he names another time when you and Prichard were there together Mr. Bedloe Prichard was my Confident and my great Friend and told them This is a person whose Fidelity you have tried in carrying over such and such letters and therefore you may very well trust him and take care of him and so he recommended me as one that was really sit to understand the bottom of the Design And Prichard did tell me before them that the King's death was intended as a part of it and he sent me again another time to Mr. Harcourt but it was about no material business and Harcourt gave a Bill of Exchange to carry to what Citizen I don't know but to Sir Geo●ge Wakeman to have 2000 l. by whose Orders as they said your Lordship shall know upon his Tryal but I saw Harcourt give him the Bill of Exchange Mr. Justice Dolben Who gave the Bill Mr. Bedloe It was Harcourt my Lord. Harcourt Who was by when this Bill was given Mr. Bedloe Kaines and Sir William Anderson Harcourt How was this Bill drawn Mr. Bedloe It was drawn upon a Citizen and lest in your hands Harcourt I desire he may name the Citizen and if he can make it out if he do it will appear upon the merchants Books Mr. Bedloe Sir George Wakeman received a Bill of Exchange from Mr. Harcourt and he was told here is a Bill of Exchange for 2000 l. as part of a greater Sum to which Sir George Wakeman answered that 15000 l. was a small Reward for the settling of Religion and preserving of the three Kingdoms from Ruine but if it were not for such a Woman he would never undertake it but for her he would do any thing And after he had given Sir George Wakeman the Bill Sir George Wakeman opened it and read it but I did not read the name that was to it Fenwick My Lord it seems not sufficient proof that he says he saw a Bill of Exchange unless he says from whom and to whom that it may be proved by the Books or otherwise Lord Chief Justice You say well Mr. Fenwick if so be he had been the person concerned in the Bill that he were either one that drew it or was to receive the money then it were strange that he would not know the parties to it but I must tell you where he was not one nor the other it was a collateral matter Do people take notice of every particular Bill of Exchange that they see which they are neither to pay nor receive Fenwick But what reason does he give your Lordship or the Jury to believe that there was such a Bill unless he does produce either the Bill or the person that paid it Mr. Bedloe I did only see the Bill out of Mr. Harcourts hand but it was read there only by Sir George Wakeman Lord Chief Justice Is it a pin matter whether there were such a Bill or no or whether he had mentioned it or no Fenwick But seeing he hath mentioned it I say there is nothing of proof of it but only his bare word L. Chief Just Yes there is his Oath Sir Cr. Levins And I desire the Jury to take notice how unreasonable a thing it is that you ask You would have Mr. Bedloe produce the Bill of Exchange that was given to Sir George Wakeman to receive money Mr. Bedloe I have only one word more Sir George Wakeman received the Bill of Exchange from Mr. Harcourt read it himself folded it up and went and received the money and that the Court will be pleased to see my Commission for now I have is here Which was read by my Lord Chief Justice North and several others Sir Cr. Levins We have only this one matter to trouble your Lordship the Jury with You perceive by the Evidence that hath been given that the main matter begins at the Consult of the 24 th of April when the Consult was now to fortifie this Evidence we are now to produce a Letter that was written from one Petre at St. Omers Jesuit wherein is mention made that he was to give notice mr Whitebread had appointed a general meeting just at that time in London at which they were to consult of very great matters and they were to be very private in their coming to and appearing about the Town And this Letter was taken amongst Mr. Harcourts Papers and to prove it we call Sir Thomas Doleman Who was sworn Sir Cr. Levins Pray what can you say where this letter was found Sir Thomas Doleman It was found amongst Mr. Harcourts Papers in a bag of his Papers that was committed to my care to search Lord Chief Just Can you tell what day you found it Sir Th. Doleman It was a matter of six or seven days after Mr. Oates had given his information of this Plot to the Council Harcourt What Paper is it Mr. Justice Atkins Hear it first L. C. J. It is a letter found amongst your

upon me and I upon him and said he I am certain it was the man Lord Chief Just What time was this Mrs. Ives It was April was a Twelve-month Lord Chief Just What time in April do you think Mrs. Ives I cannot say the day L. C. J. But what time of the month was it Mrs. Ives I don't justly know I think it was the middle of April or thereabouts Lord Ch. Just Call another witness Sir Chr. Levins Call Mrs. Mayo who was sworn Sir Chr. Levins Well what say you when did you see Dr. Oates in England Mayo I never saw his Face till a week before whitesontide or a little after there was a young man a Servant of Sir Richard Barker's that knew him a long time before he came to me and said Yonder is Mr. Oates hath changed his coat from a black to a white what is he said I he was a Minister but he is either turned Quacker or Catholick but said I he is not turned Quaker for he wears a Perriwig and he fell a laughing and jeering at him said I why do you deride this Gentleman when he is a friend of Sir Richard Barker's Lord Ch. Just Where was mr Oates then Mayo He was in the Court-yard and I was in the Kitchen Lord Ch. Just When was this Mayo The week before Whitsontide L. C. J. In what month Mayo It was in May. Lord Ch. Just Did you know him before then Mayo No I did not but I had heard much of him in the Family L. C. J How soon did you see him again after that Mayo About a Week after he came and brought another with him and walked into the Garden and seemed to be discontented that they did not shew such a countenance to him as they used to do in the House for the Gentlewomen had heard he was turned Jesuite and therefore were very shye that is Sir Richard's Kinswomen my Ladies Sisters Daughters Lord Ch. Just Do you know Dr. Oates now Mayo Very well Sir Afterward he came again and walked into the Garden and the young man I spoke of before that is now dead came again tooke notice of him of the strange Garbe he was in he was in a Room that looked into the Garden I saw him walking there said he Yonder is Oates again and hath brought another with him he looked out of the window and said he Perithee look here does not he looke like a Jesuite and he that was with him lookt back if it had not been for that the young man's importunity I had never taken notice of mr Oates After when I heard he was come over and gave in his Testimony about the Plot I would needs go see him but he spoke very slightingly to me and seemed to be offended with the Family because they did scorn him Said I They had no reason to countenance you because we all understood you were turned Catholick They did said he look very shye upon me Why said I you must not be offended for you know all the Family are no friends to Jesuites and I hope never will be so but I hope mr Oates you will not forget eaten Bread because he used to be made very much of at Sir Richard Barker's Sir Chr. Levins Is that the man that you saw there Mayo This is the man if you will put me to my Oath again I will swear it Sir Chr. Levins When was this Mayo It was the week before Whitesontide it was in May for Whitsontide fell in May. Sir Chr. Levins Then call Philip Page Who was sworn Sir Chr. Levins Do you know Dr. Oates Page Yes Sir Sir Chr Levins How long have you known him Page I have known him four or five years L. C. J. Pray did you see him in the year 1678 last year Page Yes I did L. C. J. At what time Page About the beginning of May. L. C. J. Where Page at Sir Richard Barker's Lord Ch. Just Were you acquainted with him before Page I had spoke with him before Lord Ch. Just How do you know it was he did you speak with him then Page Yes I did Lord Ch. Just What Habit was he in Page He had a light-coloured Campaign Coat I ask'd him where he had been so long a time that we had not seen him but he turned away from me and gave me no account but after he had been in the house made back again and away he went after he enquired for Sir Richard Lord Ch. Just How do you know it was in May why might it not be in April Page It was in the beginning of May to the best of my knowledge L. C. J. By what material Circumstances do you remember it was in the beginning of May Is there any thing that puts it into your mind more particularly Page My master had a patient at that time that was sick of a Feaver L. C. J. Where at Sir Richard Barker's House Page At Islington it was Jury We desire to know what the Patients name was for some of us know Islington very well Page I Have forgot the name Sir Rich. Barker It was Aldram Milver's daughter L C. J. It was about that time in May that you saw him Page I did upon my Oath and I spoke with him and took much notice of him he had an old black Hat on that flapp'd and a pair of Spanish Leather shoos Sir Chr. Levins Call Sir Richard Barker Who was sworn L. C J. Do you know Dr. Oates Sir Richard Barker Yes my Lord I have known his Father and him ever since he hath been a Child I saw him the last Summer L. C. J. About what time Sir Richard Barker At that time that they have given in Evidence I have only this to say I was abroade as my business leads me often abroade into the Country but they told me mr Oates came to my house in a Disguise that they believed he was turned either Quaker or Papist L. C. J. When was this Sir Richard Barker It was my Lord to the best of my remembrance after Whitsontide that they told me but they told me a Story of him how that he was in two several Disguises the one was a short Hair and then they thought he was turned Quaker an other time he had a Long Perriwig and then they thought he was turned Papist and the first that told me was this Fellow here that is a Coachman of mine who was mending some thing of his Coach It happened my Lord upon the visiting of a Gentleman that I was very ill in which time mr Oates was gone and afterwards when I was recovered again he came to my house to enquire concerning Dr. Tongue L. C. J. When did you see him first Sir Richard Barker It was my Lord to the best of my remembrance the latter end of June or beginning of July upon my Recovery Lord C. J. By the Oath that you have taken I would ask you one Question Did not you see

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

in Oates or Bedlow's power to shew that Commission this is just like that of the Bill of Exchange neither does it in any of the letters Fenwick Here is Mr. Hilsly my Lord. Whiteb. My Lord we pray we may have the favour that they may be sworn Lord Chief Just North. By law they cannot L. C. J. N. In no Capital case against the King can the witnesses for the Prisoner be sworn but I will say this to the Jury That they are not sworn is because they cannot but the Jury is to take great heed of what they say and to be governed by it according to the credibility of the person and of the matter Gavan My Lord if you please to give me leave my Lord Coke in his Institutes sayes expresly That there is no positive Law against it his words are there is not so much as scintilla Juris against it L. C. J. No. We know that the constant usage and practice is so and you cannot produce any man that in any Capital case had his witnesses sworn against the King L. C. J. My Lord Coke says otherwise That the evidence should be so plain that nothing could be answered to it and therefore no evidence should be sworn against the King Gavan My Lord those are the words of my Lord Coo. L. C. J. You argue against the known practice of all Ages L C. J. No. There never was any man in a Capital cause sworn against the King The common Law is the custome of the Kingdom and we are bound to know it and must all be governed by it Whitebread In mr Ireland's Tryal pag 35 36. he says he came over with Sir John Warner Father Williams and mr Hilsley from St. Omers Mr. J. Pem. Nay you must not resort to the printed Tryals for evidence Fenwick If we can prove him perjured at any time I hope we may L. C. J. Suppose upon the taking of those printed Tryals they mistake shall mr Oat therefore be thought guilty of perjury If you have any thing to ask of your Witnesses which you can apply to the evidence given now you may Fenw. Mr. Oates did not you your self own then you came over with mr Hil●sh Dr. Oates Ask me any question about what I have given to day and if the Bench think it rea●●nable 〈…〉 answer it Fen. My Lord he 〈…〉 m that he came over with these persons in which he is for swrrn L. C. J. He is not convicted of perjury and therefore that must not be urged Fen My Lord we will prove by witnesses that were at the Tryal that he did affirm so And I do desire now to know ●f you M●●● whether ever you came over with mr Helsly Dr. Oates That which I said then and that which I say now is because you should not puzzle your selves that one Mr. Hilsly did come over with us when we did Hilsly My Lord I did not L C J How can you tell Hilsly I left him at St Omers L. C. J What say you Mr. Oates Dr. Oates 'T is true mr Hisly did leave me at St. Omers because he went out a Sunday morning and I came out of the munday morning but I overtook him at Calis Hilsly my Lord that is false and I have a great many here that can prove it L. C. J. What Religion are you of Hilsly I am only to serve his Majesty L. C. J. Are you not to serve God too Hilsly I am first to serve God and then his Majesty Mr. J. Pemberton Are you a Catholick L. C. J. Are you a Roman Catholick Hilsly Yes my Lord I am Mr. J. Pemberton Be not ashamed of your Religion do not deny that your Provincial here can give you a dispensation for what you say Hilsly I hope a Roman Catholick may be a lawfull witness L. C. J. Yes I deny it not This is that you say you left him at St. Omers you must call more Witnesses to back him Master Oates sayes 't is true you left him at St. Omers but he overtook you at Calis Dr. Oates This Gentleman lost his money at Calis and Father Williams did relieve him by my means Lord Chief Just What say you to that Hilsly Why my Lord yes it is true I did lose my money there but it is nothing to the purpose for I will affirm I was never in the ship with him in all my life Dr. Oates I desire he may be asked whether he be in the degree of a Priest or not L. C. J. That would be a hard question to put to him to make him accuse himself It would bring him into danger of Treason Mr. J. Pemberton He is a Boy very fit to make a Jesuit of L. C. J. How could he then come to know this Hilsly I confess 't is true that Mr. Oates did never come over with me And I have Witnesses to prove that they saw him there next day at St. Omers and two or three several weeks after Sir Christopher Levins Mr. Oates hath another Circumstance to prove it by Dr. Oates He went away from us by the way and did not come up with us to London Hilsly I know how he understood ●his There was a Gentleman that the Witnesses will prove he was very familiar with the 2d of May that told him L. C. J. Is that Gentleman here Hilsly Here is one here to prove it L. C. J. And did he tell him how you lost your mony Hilsly Yes my Lord I suppose so L. C. J. I speak seriously I do not understand how he could come by these things Parry my Lord I can testifie if it were lawful for us o wear and prove that he was at Saint Omers that day when he says he came over L. C. J. What is your name Parry my name is William Parry L. C. J. What Country-man are you Parry I am a Flintshire man L. C. J. When was he at St. Omers Parry He was there that 25th day that day he says he came over L. C. J. Was he there all day Parry He did not stir thence all the day L. C. J. How can you tell that Parry I din'd with him that day he went into the Infirmary he did not go out of the Colledg he was sick Fenwick Mr. Parry how long did Mr. Oates stay there at St. Omers Parry He staid till after the 20th of June I am sure for on the 20th of June I know he was present by a very good circumstance he was at an Action of ours a Latine Play Dr. Oates My Lord as to the going into the Infirmary at that time I deny it My Lord if your Lordship please I will shew that this Gentleman is not only a Votary of the Jesuits but hath been one of the Sodality several years And they have Dispensations and are bound by an implicite obedience to say what the Jesuits bid them who are their Superiours L. C. J. What say you to the 20th of June the time he says