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lord_n	robert_n	sir_n	thomas_n	55,809	5	8.7984	4	true

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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

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

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

received a verdict and a judgment there for consider what will be the consequence of it if it should be false you there arraign a verdict You should have convicted him of the falshood first Whitebread I desire the Jury to take notice that he does not stick to the Testimony that he gave then for if he does it was false Lord Chief Just They must not take notice of any thing that was done at a former Trial unless it be spoken of now Lord Chief Just North Do not call any Witnesses to prove what he said then but to disprove what he hath said now Lord Chief Just 'T is a pretty hard matter to make a Priest understand one for what I see If the Witness shall not gain credit with the Jury that he came over with Sir Thomas Preston Sir John Warner if they are satisfied by those many Witnesses ten or twelve at least that it is false they ought not to believe him but as to that Testimony they ought to believe your Witnesses but he is not presently guilty of perjury for if they should not give ●redit to Mr. Oates you must indict him and another Jury must pass upon him before he is convicted for it is one thing to be forsworn and perjured and another thing to be proved so and he is not proved to be so but by a Record for that purpose Harcourt If so be our Witnesses cannot be lookt upon as good Witnesses then there can be no Commerce abroad in any other Country Lord Chief Just They are no doubt good Witnesses till they be proved otherwise and they are left to the Jury to believe as they think fit Harcourt Now here are divers things that are brought against my self by Mr. Bedlow Mr. Prance Mr Oates and Mr Dugdale if the Witnesses that I bring because they are Roman Catholick are not good Witnesses then I am in an hard case Lord Chief Just North Look then you mistake the thing those that are not Witnesses we do not hear at all but our hearing them at all proves that we look upon them as good Witnesses But when a man is a Witness he is either of more credit or of less credit according to Circumstances and 't is a proper question to ask them Whether they are Roman Catholicks but they are Witnesses without all question Harc I say my Lord these persons are known to be every one of them very bad and flagitious persons and that every one of them have undertaken this course meerly to get a livelihood they are men of desperate fortunes they get a living by swearing fast they find that the best trade Lord Chief Just North If you have any other Witnesses we will hear them If you have have no other Witnesses then we must hear what the Kings Council reply and then it will be your turn to say what you can in your defence Gaven I have Witnesses here It is not indeed a positive Evidence but a negative Evidence and I have a Brother and a Sister in Town and upon my salvation I never came to Town but I came to their house Lord Chief Just That will signifie nothing Mr. Harcourt have you any more Witnesses if you have them pray call them Harcourt 'T is in vain to call them if they be not to be believed because they are Roman Catholicks Sir Cr. Levins 'T is a mistake we do not refuse any Witnesses because they are Roman Catholicks Lord Chief Just No we have not refused any one Point yet Lord Chief J. North If you have any more pray call them and don 't spend the time Lord Chief Justice Call a Priest or two if you will we will hear them Harcourt Mr. Oates did accuse me of paying fourscore pounds at my chamber and he did say afterwards it was at Wildhouse I have persons to justifie what was done at my own chamber and he says Mr. Ireland was by now here are Witnesses to prove that Mr. Ireland was in Staffordshire all the month of August therefore he could not be present Lord Chief Just Does he say any such thing now Mr. Just Pemberton That was urged before pray do not insist upon that it hath received a Trial. Lord Chief Just I 'le tell you what he says and I 'le ask him the question Dr. Oates it is supposed by your testimony that Mr. Ireland and Mr. Harcourt were together when this fourscore pounds was paid for the Villains that went to Windsor to murder the King Dr. Oates I never said such a word Harcourt Here it is in the Trial. Lord Chief Just I stand not by the Printed 〈…〉 is no Record in Law In short Were Mr. Ireland and Mr. Harcourt together 〈◊〉 time Dr. Oates No they were not Gaven He did then say that he did receive of Mr. Ireland the 2 d of September 20 s. that he borrowed of him now the 2 d of September he was at Boscobel Dr. Oates My Lord I was not positive as to the day but as near as I remember those were the words I said it was the second of September but whether it was the first second seventh eighth or ninth I would not be positive in it Then the Prisoners called Pendrel and his Wife and Gifford and his Wife and Gifford stood up Gifford My Lord I was here the last Sessions where I did testifie the seeing of Mr. Ireland in Staffordshire on the 24 th of August Bartholomew-day and the next day after at which time Mr. Oates said that he saw him here in Town But Mr. Oates could not be particular in every thing but at last he came to a circumstance and averred that the first or second of September he did receive Twenty shillings of Mr. Ireland in Harcourts Chamber he said it was about the Fast day Dr. Oates That was as near as I remembred Gifford Here is in Court at least six people that know it I saw him several other of those days there but these six people converted with him every day Mr. Just Pemberton How do you know al that Lord Chief Just North Come come you must not speak as to what he said in Irelands Trial. Lord Chief Just What time was it that Mr. Harcourt and Mr. Ireland conferred together about this same business Dr. Oates My Lord I do not charge Ireland but I charge Harcourt with being at Wildhouse and that there Coleman met him and that there was the greatest part of the money which was carried back to Harcourts Chamber and given to the person that was to carry it down to Windsor but Mr. Coleman was gone away before and had lest a Guiney behind him which was given to the messenger for expedition Lord. Chief Just I am mistaken if you have not testified that Ireland was in Town in August and September with Harcourt Dr. Oates Ireland took his leave of London betwixt the 8 th and the 12 th of August as to go to St. Omers Lord Chief Just Here is the matter they

Now this good Dr. that does say he saw him here in the latter end of March or the middle of April whereas he himself says he came over with Hilsley the 24th of April L. C. J. He was Landed here the 17th of April and the Witnesses say it was the latter end of April or beginning of May. Whitebread mr Oates expresly said he stay'd here but 6 dayes when he came over to the Consult L. C. J. Why does not all this stand together Whitebread No my Lord how could this stand together His coming over the 17th and his being here a great part in May whereas he says he was but 6 days L. C. J. Perchance Dr. Oates may be precise enough but look you here these Witnesses do not so exactly to a day or two or 3 or 4 or 5 but to the latter end of April now why might they not see him the latter end of April and the beginning of May and yet stand very well with mr Oates testimony who says he was landed here about the 17th of April and staied here about 6 or 7 days How nice would you have them be in that case which because they are honest they will not be L. C. J. Nor. You make your defences to depend upon an uncertainty of time which no mortal man can ever remember besides pray observe this That Mr. Oates stands a good witness till you impeach him by a fry out of your own Schools and they go to the whole moneths of June and April and May now these all speak in contradiction to them and so mr Oates is still set an upright and good witness Whitebread They say they did see him there every day or every other day L. C. J. But sure I can as well tell who see him but once in such a month and dined with him then as any that saw him never so often but here are five Witnesses upon you in this point Whitebread The one was told by his man the other by his boy L. C. J. The Coach-man and the boy and the maid and mr Smith did see him Mr. Just Pemberton The Divine did see him and went and told the woman that he had seen him pray remember that L. C. J. Nor. Now the Evidence is concluded say what you will for your selves and then we will observe what you object upon our direction to the Jury according to our Consciences Gaven My Lord then I say this for my self we commit our selves to God Almighty We must compare the number tho ours were not sworn yet there were 16 of them boys young men that conversed with him every day and these witnesses speak but of one or two particular days One says he dined with him and another saw him in a disguise but my Lord in these very Witnesses there is an apparent contradiction because out of his own mouth ex ore tuo te judico they are contradicted He says he came over upon Sunday with Hilsley which was the 20th of April as I think and stayed here only a matter of 6 days One of the witnesses says he saw him the first Munday in May What signifie the witnesses though upon Oath that say they him in May How can he come over the 20th of April and stay but 6 days and be seen here in May Before these can be reconciled one of them must be false and then my Lord besides that which I first said there is the number of witnesses they are nothing in comparison with the number of ours And then my Lord 2 dly if we should grant that a lesser number should serve the turn because they are sworn for the King because they swear for the safety of the King whom God preserve whatsoever becomes of me and the other speak not upon their Oaths yet my Lord this does not destroy nor touch at all that evidence that is brought against him about the Rector of Leige Sir John Warner and Sir Thomas Preston And tho it be granted that all the others that spoke about mr Oates being at St. Omers be mistaken and must not be believed yet we have him still by those 6 others who have proved that he hath sworn false and I hope we shall have fair play in the Law to make the best defence we can for our lives and I humbly conceive no body must be convicted of High Treason by the Law but upon the Evidence of two sufficient witnesses Now I leave it to the Conscience Honour of the Court whether he shall be believed and counted a sufficient witness when there are so many that have proved him false in that one point And then besides all this my Lord we have here 16 at least Stafford-shire Witnesses who give you an account of mr Irelands being out of London from the 2 d. of August till 14 September so that in these two things he hath been contradicted without any Answer for he says the 12. of August he was with him when they say he was in Stafford-shire L.C. J. You have forgot the maid that saw him in London the 12 or 13. Gaven No my Lord I have not And this is it I answer to it She is a witness that only says she just saw him but did not speak to him L. C. J. She made a Courtesie to him Gaven We are talking now of seeing Ireland in August and we prove by Sir John Souththcott and all his Family who say they began their journey with him the 5th of August and stayed with him till the 19 th after the particular day that she speaks of you find 7 or 8 of them swear that they saw him all the time And therefore I would feign know whether poor mens lives shall be cast away upon such Evidence as this And then my Lord for the other thing I hope I have made a very good Plea for my self concerning the matter of July my witnesses could be positive as to the last week but for the other weekes tho they could not be positive they rather believed I was there then not but when it is urged why might not they give as good a testimony for the former weeks as for that To this I answer fully that there is a great predominant reason why they should have particular reason to swear why I should be there the last week rather than the other weeks because I was then shut up in the spiritual exercise they had a particular reason to take notice of that Then my Lord I hope you will be pleased to mind this by which I have made my Plea good that is my Lord that mr Oates testimony against me is this mr Ashby came to town about the middle of July and that he stay'd there about a fortnight and that in the time of that fortnight I came to Town and said I would go see Father Ashby and had that discourse be speaks of and so much for that And then my Lord I beseech you still to bear it in

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

may be tried twenty or a hundred times Lord Ch. Just You say well it is observed Mr. Whitebread but you must know that you were not put in jeopardy of your Life for the same thing for first the Jury were discharged of you it is true it was supposed when you were indicted that there would be two Witnesses against you but that fell out otherwise and the Law of the Land requiring two Witnesses to prove you guilty of Treason it was thought reasonable that you should not be put upon the Jury at all but you were discharged and then you were in no jeopardy of your Life Whitebread Under favour my Lord I was in Jeopardy for I was given in charge to the Jury and 't is the case of Seyer in 31. Eliz he was indicted for a Burglary committed the 1 st of August and pleaded to it and afterwards another indictment was prefer'd and all the Judges did declare that he could not be indicted the second time for the same fact because he was in Jeopardy of his life again Lord Ch. Just Surely you were not in Jeopardy and I 'le shew you how you were not suppose you had pleaded and the Jury were sworn Whitebread They were so in my case Lord Ch. Just T is true they were but supposing that presently upon that some accident falls out a Witness is taken sick and be feign to be carried a way or for any reasonable cause it should be thought fit by the Court to discharge the Jury of it that they should not pass upon your life are you in Jeopardy then Lo. Ch Just North. I would have you be satisfied with reason and the course of Law that other mens lives are under as well as yours The Oath the Jury take is that they shall well and truly try and true deliverance make of such Prisoners as they shall have in charge the charge of the Jury is not full till the Court give them a charge at the last after evidence had and because there was a mistake in your case that the evidence was not so full as might be the Jury before ever they considered concerning you at all they were discharged and so you were not in Jeopardy and I in my experience know it to be often done and t is the course of Law the Clerks will tell you t is frequently done here and at other places and this is not the same Indictment and it contains further matter then that you pleaded to before And then if you will make this Plea good that you go upon you must alledge a Record and shew some Record to make it good and that cannot be because there is none so it will signifie nothing to you as you have pleaded it Whitebread I desire the Record may be viewed it remains with you I do only present this to your Lordship and the Court and desire I may have Counsel L. C. J. No not all there is no entry made of it Whit. I desire that Counsel may advise me for I am advised that according to the Law of the Land I ought not to plead again I hope your Lorships will be of Counsel for me L C. J. Look you Mr. Whitebread there is no entry made upon it and the reason is because there was no Tryal and there was no Tryal because there was no Condemnation or Acquittal if there had been then you had said something Whitebread That which I ask is whether I ought not to be condemned or acquitted L. C. J. No it is only in the discretion of the Court. For if a man be indicted for murder and some accident should happen when the Witness come to prove it that he should be taken ill and so be carried away should the murtherer escape Whitebread That is not my case you may do as you please L. C. J. But we shew that it is in the discretion of the Court to discharge the Jury upon such accidents and then the party is not in Jeopardy Whitebread I have onely pray'd your Lordships discretion in this L. C. J. You ought to plead and most plead L. C. J. North. I suppose if any of my Brethren are of another Opinion then what we have expressed they would say so Court We are all of your Opinon L. C. J. All the Judges of England are of the same Opinion Mr. Record T is the constant practise L. C. J. T is frequent in all places it is no new thing Whitebread My Lord I am satisfied Cl. of Cr. Thomas White alias Whitebread art thou guilty of the High Treason whereof thou standest indicted or not guilty Whitebread Not guilty Cl of Cr Culprit How wilt thou be tryed Whitebread By God my countrey Cl. of Cr. God send thee a good deliverance John Fenwick art thou guilty of the same High Treason or not guilty Fenwick Not guilty Cl. of Crown Culprit How wilt thou be tried Fenwick By God and my Countrey Cl. of the Crown God send thee a good deliverance Fenwick I was tried before with Mr. Whitbread our case is the same the onely reason why I presume we were not proceeded against was because the second witness declared he had nothing to say against us that was Mr. Bedlow who said as to Mr. Whitbread and Mr. Fenwick I have nothing to say against them if he had given the same Evidence against us as he had done against the rest we had been condemned and had suffered and so I suppose we ought to have been discharged L. C. J. No it was not reasonable you should be discharged it remains in the discretion of the court not to let a man that is accused of a great and capital crime escape if there be one witness that swears expresly do you think it reasonable such a man should go scotfree though there wanted two that the Law requires You were not in danger your lives were not in Jeopardy Fenwick My Lord we were in the same danger with those Three that suffered L. C. J. No we never let the Jury go together to consider whether you were guilty or not guilty we did prevent your making your defence because we thought it not a sufficient Charge C. of C. William Harcourt alias Harrison how say'st thou art thou guilty of the high Treason whereof thou standest indicted or not guilty Harcourt Not guilty Cl. of Cr. Culprit How wil● thou be tried Harcourt By God and my country Cl of Cr. God send thee a good deliverance How saist thou John Gaven alias Gawen art thou Guilty of the same High Treason or not Guilty Gavan Not Guilty Cl of Cr Culprit how wilt thou be Tryed Gawen By God and my country Cl. of Cr. God send thee a good deliverance How saist thou Anthony Turner art thou Guilty of the same High Treason or not Guilty Turner Not Guilty Cl. of Cr. Culprit how wilt thou be Tryed Turner By God and my country Cl. of Cr. God send thee a good deliverance L. C.

J. Mr. Corker you have heard the Indictment read● 〈◊〉 what it consists of a Traiterous endeavour to subvert the Government to Mor● 〈◊〉 King to change the Protestant Religion into Popery if you have any witnesses that can be serviceable to you as to these matters name who they are and where they live if you cannot you had as good take your Tryal now as at another time Corker I not only have no witnesses ready but there are substantial circumstances which peradventure may arise which may induce your Lordship to believe me innocent and therefore I humbly beg I may stay some short time to consult with those that are better skill'd in the Law than I am L. C. J. What do you mean to have counsell assigned you Corker My friends my Lord. Lord Ch. Just Every man knows his own case be●● you have been bread a Scholar and so you cannot be so ignorant as other men ar● you can tell whether you have any Witnesses that you think are material for your defence Corker That day of the 24 th of April spoken of in the Indictment I truly and really believe I was not in Town that day but I cannot positively prove it because I heard not of it before Lord Ch. Just Is there any body that can testifie where you were that day can you name any one Corker Yes I believe I can name one and that is one Alice Gaton that is now 30 miles out of Town at Tunbridge who can prove where I did go about that time Lord Ch. Just I l'e tell you what if my Brothers will this woman you suppose can say something for you we will respite your Tryal for to day send some body for her and we will Trie you to morrow Lord Ch. Just North. Or any other Witnesses for as to this 24 th day of April it is known to all the world to have been the day of the Consult But because you pretend a surprise I must tell you that Mr. Attorny sent you notice with the rest but because you might be led into another opinion that the Council did not order it you have the favour to be put off till to morrow Get your Witnesses ready if you can Lord Ch. Just If you have any other Witnesses or desire any order for their appearance let us know it Corker I desire I may have liberty to have my Tryal put off till Monday Lord Ch. Just North. No it cannot be Monday is the Assogin day and then the Commission will be out Lord Ch. Just Call the Jury Cl. of Cr. Thomas White alies Whitebread hold up thy hand and so as to the rest You the Prisoners at the Bar those men that you shall hear call'd and personally appear are to pass between our Soveraign Lord the King and you upon Tryal of your several lives and deaths if therefore you or any of you will challenge them or any of them your time is to speak unto them as they come to the Book to be sworn and before they be sworn Call Sir Philip Matthews Whitebread We Challenge him my Lord that there may not be any further trouble it is our general Petition that none of those that were for any of the former Tryals may be of this Jury they having already pass'd their Judgment upon the Evidence they have heard Lord Ch. Just You may Challenge them And therefore speaking to the Clerk of the Crown dont take any that were upon the last Jury for this cause Gavan Nor any of the former Juries we do this that we may avoid giving your Lordship any farther trouble because if we should stay upon particulars we should too much trouble the Court. Lord Ch. Just North. Look you I will tell you by the way you have the liberty to Challenge peremptorily so many All we can do is to give direction to the Clerk if he do not pursue it we do not know them we can't tell you must look after that Mr. Recorder You have the Books wherein are notes of all their names by you Then The Jury that were Sworn were these Twelve JURY Thomas Harriott William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kaine Richard White Richard Bull and Thomas Cox Cl. of Cr. Cryer count these Thomas Harriott Cryer One c. Cl. of Cr. Thomas Cox Cryer Twelve good men and True stand together and here your Evidence Then the usual Proclamation for Infornation was made and the Jury-men of Middle-sex Summon'd and not Sworn were dismiss'd till next morning eight of the Clock Cl. of Cr. Thomas White alias Whitebread hold up thy hand and so to the rest You Gentlemen that are sworn look upon the Prisoners and hearken to their Cause they stand indicted by the names of Thomas White c. put in the indictment Mutatis Mutandis and against the form of the Statute in that case made and provided Upon this Indictment they have been Arraigned and thereunto have severally pleaded not Guilty and for their Tryals have put themselves upon God and their Country which Country you are Your charge is to enquire whether they or any of them are Guilty of the high Treason whereof they stand Indicted or not Guilty If you find them or any of them Guilty you are to enquire what Goods or Chattels Lands or Tenements they had at the time of the High Treason committed or at any time since If you find them or any of them not Guilty you are to Enquire whether they fled for it if you find that they fled for it you are to Enquire of their Goods and Chattels as if you had found them Guilty If you find them not Guilty nor that they nor any of them fled for it say so and no more and hear your Evidence Then Mr. Belwood of Counsel for the King in this cause open'd the Indictment thus Mr. Belwood May it please your Lordship and you Gentlemen of the Jury The Prisoners at the Bar Thomas White alias Whitbread John Fenwick William Harcourt alias Harrison John Gavan and Anthony Turner together with James Corker stand Indicted of High Treason 't is charged in the Indictment That the 24 th of April in the 30 th year of the King that now is These persons with other Traitors unknown did purpose and conspire to stir up sedition and Rebellion to cause a miserable slaughter of the Kings Subjects to depose the King of his Government and bring him to death and to change the Government and Religion by Laws established and to Levy war against the King And 't is further charged in the Indictment that pursuant of this intention of theirs and the better to bring it to pass They did Assemble Consult and agree First to bring his Maiesty to death to Murther the King and thereupon to change the Religion Established by Law to the Superstition of the Romish-Church and to subvert the whole Government and it was agreed that Pickering and

April and May. I went from St. Omers to Brussels and from Brussels I came straight to London Lord Chief Just But when did you see Master Oate there Cox I can prove I saw him at St. Omers when he says he was in England and that by this circumstance Master Pool who was my Musick Master was sick there and Mr. Oates was often with him Lord Chief Justice Were you there all the time he was there Cox Yes I was till he went away Lord Chief Just When did he go away Cox Master Oates went away in the month of July Lord Chief Just Are you sure of that Cox Yes my Lord I am Lord Chief Just Not in June Cox No my Lord July Lord Chief Just Why he differs from all the rest Cox My Lord I can prove he was at St. Omers when he says he was in England Lord Chief J. Why what month did he go away Cox My Lord I can prove that Mr. Oates was never absent from St. Omers till he went away for good and all Lord Chief Just When was that Cox He went after the Consult of the Jesuits which he says was in England in April Lord Chief Just Come come Answer me plainly if you can in what month Mr. Oates left St. Omers Cox I say Mr. Oates was never absent from St. Omers till the Consult of the Jesuit was over which he hath confessed himself to be at Lord Chief Just When was that Cox Why it was after May 't is no matter what the month was whether June or July at which the people laughed Cox What do you laught at Sirs Why suppose I mistake the month it is no matter Lord Chief J. Look you we are now upon a Question of time and you cannot tell that a man i● there at a certain time unless you can prove the certain time when he came away Cox I can prove that he was there till after the Consult of the Jesuits and then the people laughed again L. C. J Ay I ●elieve you there 't is enough for you but you have done a very great prejudice to those persons that you came for for you come to prove the conclusion but do not take notice of what Mediums you are to use Say you if I can but prove that he was there till after the consult of the Jesuits that is the thing in Question and I need no more but this is serving a turn only Pray can you tell me what month he came to St. Omers Cox Yes he came thither in the month of December L. C. J. And when did he go away again Cox He was never absent from St. Omers out of the view of the Scholars except one night that he went to Watton and one day when he was in the Infirmary but even at that time he was seen by some of the Scholars L. C. J. Yet you cannot tell the time that he went away Cox He was never absent all the while Mr. Justice Windham Do you know when the Consult of the Jesuites was upon what day Cox He sayes he went away with Mr. Hilsley but he did not I can prove the contrary L. C. J. No no he says he followed him and overtook him at Calis Cox That is false and I can prove it by this Circumstance one Mr. Conquest was to go for England that day and he came into the Refectory and told us a story of this Mr. Conquests being unwilling to rise in the morning to go for England L C. J. When did he tell that story Cox That day that he was to go for England L. C. J. How long was that after Mr. Hilsley went away Cox The day after Gaven When was the time that Mr. Conquest went for England Cox In the month of May as we count L. C. J. What time in the month of May Cox It was the fifth and he says that Mr. Pool and Mr. Nevill were in England with him but I can testifie that they were not absent for one of them was my musick-master Lord Chief Just Was he there all May Cox Yes that I can testifie upon my Oath L. C. J. And all June Cox Yes my Lord but if I prove he was not in May in England it is sufficient L. C. J. Upon my word you deserve a sharp penance for running into that fault 2 or 3 times you have done them no kindness in this matter Gaven If your Lordship will take advantage of every Circumstance young men may not remember the particular day of his going away L. C. J. But you hear how he delivers his Evidence 't is as if he had been instructed you must come and prove that Oates was not in England in April and May and that will do our business for he tells you it is sufficient but we will have it proved to satisfie us Cox But why should I say more than I know L. C. J. You mean more than you are instructed about I only ask you one short question Do you know when Mr. Oates left St Omers Name the moneth Gaven If you don't remember the time say so Cox My Lord I cannot Remember it L. C J. Then call another Who stood up Dr. Oates My Lord I desire they may be Examined apart L. C. J. You need not trouble your self about that What is your name Billing My name is Thomas Billing L. C. J. When came you from S. Omers Billing I came 3 moneths ago I think my Lord. L. C. J. Do you know Mr. Oates Billing Yes my Lord very well L. C. J. When did you see him at St. Omers Billing My Lord I saw him when he came the same day or the day after L. C. J. When was that Billing In December my Lord the 10th of December L. C. J. And he staid there how long Billing Till the Latter end of June L. C. J. was he never absent Billing I can very well remember that he went to Watton in the Christmas I was then in he Infirmary my self and he and his Companion came in there to see us and said he had been at Watton L. C. J. But he was twice in the Infirmary was he not Billing Yes my Lord. L. C. J. When was the second time Billing The second time was in April I went in the week before Christmas on St. Thomas of Canterbury's day I came out again Lord Ch. Just But you say the second time was in April Billing Yes Lord Ch. Just How long was he there then Billing Truly I was not with him then but I think 3 or 4 days Lord Chief Just Were you in the Colledge then Billing Yes my Lord I was Lord Ch. Just Did you see him in the Colledge from time to time Billing Yes I did Lord Ch. Just How long Billing For all the time that he staid Lord Ch. Just How long was that Billing That was from December till the latter end of June Lord Ch. Just Was he there all May Billing Yes my Lord. He says he was 8 days in England