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A63228 The tryals of VVilliam Ireland, Thomas Pickering, & John Grove, for conspiring to murder the King who upon full evidence were found guilty of high treason at the session-house in Old-Bailye, Dec. 1, 1678, and received sentence accordingly. Ireland, William, 1636-1679.; Pickering, Thomas, d. 1679.; Grove, John, d. 1679.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). 1678 (1678) Wing T2269; ESTC R33696 62,044 58

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THE TRYALS OF VVILLIAM IRELAND THOMAS PICKERING JOHN GROVE For Conspiring to Murder the KING Who upon Full Evidence were found Guilty of High Treason At the SESSION-HOUSE in Old-Bailye Dec. 17. 1678 and received Sentence accordingly Reprinted at Dublin M DC LXXVIII The TRYALS of William Ireland Thomas Pickering and John Grove ON Tuesday the Seventeenth day of December One Thousand Six Hundred Seventy and Eight Thomas White alias Whitebread William Ireland John Fenwick Thomas Picker●●ng ●●nd John Grove were brought from his Majesties Gaol of Newgate to the Sessions-house ●●t ●●stice-Hall in the Old-Baily being there Indicted for High Treason for contriving and ●●ot ●●iring to Murder the King to receive their Tryal and the Court proceeded thereupon ●●s ●●lloweth The Court being Set Proclamation was made for Attendance Thus. Clerk of Crown Cry●●r make Proclamation Cryer O yes O yes O yes All manner of Persons that have any thing to do at this General Sessions of the Peace holden for the City of London Sessions of Oyer and Termi●●er and Gaol Delivery of Newgate holden for the City of London and County of Middlesex draw near and give your attendance for now the Court will proceed to the Pleas of the Crown for the same City and County God Save the King Clerk of Crown Cryer make proclamation Cryer O yes All manner of Persons are commanded to keep Silence upon pain of impri●●onment Peace about the Court. Clerk of Crown Cryer make Proclamation Cryer O yes You Good men of the County of Middlesex that are Summoned to appear ●●ere this day to Enquire between our Soveraign Lord the King and the prisoners that are 〈…〉 shall be at the Bar. Answer to your names as you shall be called every one at the first ●●all and Save your issues The Jurors being called and the Defaults recorded the Clerk of the Crown called for ●●he Prisoners to the Bar viz. Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove and Arraigned them thus Clerk of Crown Thomas White alias Whitebread hold up thy hand Which he did William Ireland hold up thy hand Which he did John Fenwick hold up thy hand Which he did Thomas Pickering hold up thy hand Which he did John Grove hold up thy hand Which he did You stand indicted by the names of Thomas White alias Whitebread late of the Parish of St. Giles in the fields in the County of Middlesex Clerk William Ireland late of the same Parish and County Clerk John Fenwick late of the same Parish and County Clerk Tho●●● Pickering late of the same Parish and County Clerk and John Grove late of the same ●…h and County Gent. For that you five as false Traitors c. against the peace of our So●●raign Lord the King his Crown and Dignity and against the Form of the Stature in ●●hat Case made and Provided How sayst thou Thomas VVhite alias Whitebread art thou Guilty of this H●●gh Treason whereof thou standest Indicted or not Guilty Whitebread Not Guilty Clerk of the Crown Culprit how wilt thou be Tryed Whitebread By God and my Country Clerk of Crown God send thee a good deliverance How sayst thou William Ireland a●● thou Guilty of the same High Treason or not Guilty Ireland Not Guilty Clerk of Crown Culprit how wilt thou be tryed Ireland By God and my Countrey Clerk of Crown God send thee a good Deliverance How saist thou John Fenwick a●● thou guilty of the same High Treason or not Guilty Fenwick Not Guilty Clerk of Crown Culprit how wilt thou be Tryed Fenwick By God and my Countrey Clerk of Crown God send thee a good deliverance How saist thou Thomas Pickering a●● thou Guilty of the same High Treason or not Guilty Pickering Not Guilty Clerk of Crown Culprit how wilt thou be Tryed Pickering By God and my Country Clerk of Crown God send thee a good deliverance How saist thou John Grove art tho●● Guilty of the same High Treason or not Guilty Grove Not Guilty Clerk of Crown Culprit how wilt thou be Tryed Grove By God and my Countrey Clerk of Crown God send thee a good Deliverance You the Prisoners at the Bar those men that you shall hear called and do Personally appear are to pass between o●● 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 before they be sworn Sir Philip Mathews to the Book Sir Philip Mathews I desire Sir William Roberts may be called first Which was granted Clerk of Crown Sir William Roberts to the Book Look upon the Prisoners you shall wel●● and truly Try and true deliverance make between our Soveraign Lord the King and th●● Prisoners at the Bar whom you shall have in your charge according to your Evidence S●● help you God The same Oath was administred to th the Rest the Prisoners challenging none and thei●● Names in Order were thus JURY Sir William Roberts Baronet Sir Philip Mathews Bar Sir charles Lee Knight Edward VVilford Esq John Foster Esq Joshua Galliard Esq John Byfield Esquire Thomas Egglesfield Esq Thomas Johnson Esq John Pulford Esq Thomas Earnesby Esq Richard VVheeler Gent. Clerk of Crown Cryer count these Sir VVillam Roberts Cryer One c Clerk of Crown Richard VVheeler Cryer Twelve Good Men and True stand together and hear your Evidence Clerk of Crown Cryer make Proclamation Cryer O yes If any one can inform my Lords the Kings Justices the Kings Serjeant the Kings Attorney or this Inquest now to betaken between our Sovereign Lord the King and the Prisoners at the Bar let them come forth and they shall be heard for now the Prisoners stand at the Bar upon their deliverance and all others that are bound by Recognizance to give Evidence against any of the Prisoners at the Bar let them come forth and give their Evidence●● or else they forfe●●t their Recognizance And all Jury men of Midd●●esex that have been summoned and have appeared are not sworn may depart the Court and take their eases Cl of Crown Make proclamation of Silence Cryer O yes All manner of Persons are commanded to keep Silence upon pain of imprisonment Cl of Crown Thomas white alias Whitebread hold up thy hand which he did and so of the rest You that are sworn look upon the Prisoners and harken to their Cause You shall understand that they stand Indicted by the names of Thomas White otherwise Whitebread late of the Parish of St. Gyles in the Fields in the county of Middlesex Clerk William Ireland late of the same Parish in the County aforesaid Clerk John Fenwick late of the same parish in the County aforesaid Clerk Thomas Pickering late of the same parish in the County aforesaid Clerk and John Grove late of the same parish in the County aforesaid Gentleman For that they as
false Traytors of the most Illustrious Se●●ene and most Excellent Prince Our Soverign Lord Charles the II. by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Their supreme and natural Lord not haveing the Feare of God in their hearts nor the Duties of their Allegeance any ways weighing but being moved and Seduced by the instigation of the Devil the cordial love and true due and natural obedience which true and faithful Subjects of our said Soveraign Lord the King towards our said Soverign Lord the King should and of Right ought to bear altogether withdrawing endeavouring and with their whole strength intending the peace and common tranquillity of this Kingdom of England to disturbe and the true worship of God within this Kingdom of England used and by Law established to overthrow and to move stir up and procure Rebellion within this Kingdom of England and the cordial love and true and due obedience which true and saithful Subjects of our said Soveraign Lord the King towards our said soveraign Lord the King should and of Right ought to bear wholly to withdraw vanguish and extinquish and our said Sovereign Lord the King to death and final destruction to bring and put the 24th day of April in the year of the Reign of our said Sovereign L Charles the II by the Grace of God of England Scotland France and Ireland King defender of the saith c. the 30th at the Parish of St. Gyles in the Fields aforesaid in the County of Middlesex aforesaid falsly maliciously deceitfully advisedly and Trayterously they did propose compa●●e imagine and intend to stir up move and procure sedition and Rebellion within this Kingdom of England and to procure and Cause a miserable slaughter among the Subjects of our said Sovereign L. the King and wholly to deprive depose throw down and disinher it our said Sovereign Lord the King from his Royal State Title Power and Government of this his Kingdom of England and him our said Soveraign Lord the King to put to death and utterly to destroy the Government of this Kingdom of England and the sincere Religion worship of God in the same Kingdom rightly and by the Laws of the same Kingdom established for their will and pleasure to change and alter and wholly to subvert and destroy the state of the whole Kingdom being in all parts thereof well instituted and ordered and to Levy War against our said Soveraign Lord the King within this his Realm of England And to fulfil and bring to pass these their most wicked Treasons and Trayterous designs and purposes aforesaid they the said Thomas White allas Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Tr●●ytors unknow●● the said so ●● and Tweentieth day of April in the said 30th year of the Reign of our said Lord the King with force and arms c. at the parish of St. Giles in the Fields aforesaid in the County of Midelesex aforesaid falsly maliciously deceitfully advisedly devillish●●y and traiterously did assemble unite and gather themselves together and then and there falsly maliciously deceitfully advisedly devillishly and traiterously they did consult and agree to put and bring our said Soveraign Lord the King to death final destruction and to alter and change the Religion rightly and by the Laws of the same Kingdom established to the superstition of the Church of Rome and that sooner to bring to pass and accomplish the same their most wicked Treasons and traiterous imaginations and purposes aforesaid they the said Thomas White otherwise Whitebread William Ireland John Fenwick Thomas Pickering John Grove and other false Traitors of our said Sovereign Lord the King unknown afterwards to wit the said 24th day of April in the said 30th year of the Reign of our Sovereign Lord the King at the said parish of St. Giles in the Fields in the County of Midlesex aforesaid falsly deceitfully advisedly maliciously devillishly and traiterously they did consult and agree that they the said Thomas Pickering and John Grove should kill and murther our said Sovereign Lord the King And that they the said Thomas White otherwise Whitebread William Ireland John Frenwick and other false Traitors unknown should therefore say celebrate and perform a certain number of Masses then and there agreed on among them for the good of the soul of the said Thomas Pickering and should therefore pay to the said John Grove a certain sum of money then and there also agreed on among them And further that the said Thomas Pickering and John Grove upon the agreement aforesaid then and there falsly deceitfully advisedly maliciously devillishly traiterously did undertake and to the said Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traitors of our said Sovereign Lord the King unknown then and there falsly deceitfully advisedly maliciously devillishly and traiterously they did then and there promise that they the said Thomas Pickering and John Grove our said Sovereign Lord the King would kill and murther And further that they the said Thomas White otherwise Whitbread William Ireland John Fenwick Thomas Pickering and John Grove and other false Traitors of our said Sovereign Lord the King unknown afterwards to wit the said 24th day of April in the thirtieth year of the Reign of our said Soverign Lord the King at the said parish of St. Giles in the Fields in the County of Middlesex aforesaid falsly deceitfully advisedly maliciously devillishly and traiterously did severally plight their Faith every one to other of them and did then and their swear and promise upon the Sacrament to conceal and not to divulge their said most wicked Treasons and traiterons compassings consultations and purposes aforesaid so among them had traiterously to kill and murther our said Sovereign Lord the King and to introduce the Roman Religion to be used within this Kingdom of England and to alter change the true Reformed Religion rightly and by the Laws of this Kingdom of England in this same Kingdom of England established And further that they the said Thomas Pickering and John Grove in execution of their said Traiterous Agreement afterwards to wit the same 24th day of April in the said thirtieth year of the Reign of our said Sovereign Lord the King and divers other days and times afterwards at the said parish of St. Giles in the Fields in the said County of Middlesex falsly deceitfully advisedly maliciously devillishly and traiterously they did prepare and obtain to themselves and had and did keep Musquets Pistols Swords Daggers and other offensive and cruel weapons and instruments to kill and murther our said Sovereign Lord the King And that they the said Thomas Pickering and John Grove afterwards to wit the said four and twentieth day of April in the said thirtieth year of the Reign of our said Sovereign Lord the King and divers days and times afterwards with force and arms c. at the said
parish of St. Giles in the Fields in the County of Middlesex aforesaid and in other places within the said County of Middlesex falsly deceitfully advisedly maliciously and traiterously did lie in wait and endeavour to kill and murder our said Sovereion Lord the King and further that they the said Thomas White otherwise Whitebread William Ireland John Fenwick and other false Traitors unknown afterwards to wit the said 24th day of April in the said thirtieth year of the Reign of our Sovereign Lord the King at the said parish of St Giles in the Fields in the County of Middlesex aforesaid falsly deceitfully advisedly maliciously devillishly and traiterously did prepare perswade excite abet comfort and counsel four other persons unknown and subjects of our said Soveraign Lord the King traiterously to kill and murder our said Sovereign Lord the King against the duty of their allegiance against the peace of our said Sovereign Lord the King his Crown and Dignity and against the form of the Statute in that behalf made and provided Upon this Indictment they have been arraigned and thereunto have severally pleaded Not guilty and for their Tryal have put themselves upon God and their Country which Country you are Your Charge therefore is to enquire whether they or any of them be guilty of the High Treason whereof they stand indicted or not guilty If you find them guilty you are to enquire what Goods or Chattels Lands or Tenements those you find guilty had at the time of the High Treason committed or at any time since If you find them or any of them not guilty you are to enquire whether they did flee for it if you find that they or any of them fled for it you are to enquire of their Goods and Chattels as if you had found them guilty If you find them or any of them not guilty nor that they nor any of them fled for it say so and no more and hear your Evidence Make Proclamation for silence on both sides Which was done Then Sir Creswell Levings one of the Kings learned Council in the Law opened the Indictment thus Sir Cresw Levings May it please your Lordship and you Gentlemen of the Jury These Prisoners at the Bar Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove do all stand indicted of High Treason for that whereas they as false Traytors meaning and designing to disturb the Peace of the Kingdom to levy War within the Kingdom to make miserable slaughter amongst the Kings Subjects to subvert the Religion established by the Law of the Land to introduce the Superstition of the Church of Rome and to bring to death and final destruction and to murder and assassinate our Soveraign Lord the King they did to effect these things the four and twentieth of April last assemble themselves together with many other false Traytors yet unknown in the parish of Saint Giles in the Fields in the County of Middlesex and there being so assembled the better to effect these designs did make agreements and conspire together first that Pickering and Grove should kill the King and that White and the rest of the persons that stand indicted with many other Traytors should say a great number of Masses for the soul of the said Pickering I think thirty thousand and they did further agree there that Grove should have a great sum of mony and upon this agre●●ment Grove and Pickering did undertake and promise they would do this fact and did then and there take the Sacrament and an oath to one another upon the Sacrament that they would conceal these their Treasons that they might the better effect them and that in pursuance of this Grove and Pickering did divers timesly in wait to murder the King and did provide Arms to do it and the Indictment further sets forth that White and Ireland and Fenwick and many other Traytors yet unknown did procure four other persons yet also unknown for to kill the King against the pea●●e of our Sovereign Lord the King his Crown and Dignity and against the form of the Statute These are the heads of those facts for which they stand indicted they have all pleaded not Guilty if we prove them or any of them Guilty of these or any of these facts according to the Evidence you shall have we hope you will find it Sir Samuel Baldwin one of his Majesties Serjeants at Law opened the Charge as followeth Sir Samuel Baldwin May it please your Lordship and you Gentlemen of the Jury the persons here before you stand indicted for High Treason they are five in number three of them are Jesuits one is a Priest the fifth is a Layman persons fitly prepared for the work in hand Gentlemen it is not unknown to most persons nay to every one amongst us that hath the least observed the former times how that ever since the Reformation there hath been a design carried on to subvert the Government and destroy the Protestant Religion established here in England for during all the Reign of Queen Elizabeth severall attempts were made by several Priests and Jesuits that came from beyond the Seas though the Laws were then severe against them to destroy the Queen and alter the Religion established here in England and to introduce Popery and the Superstition of the Church of Rome But the Conspirators from time to time during all the Queens Reign were disappointed as Edmond Camtion and several other Jesuits who came over in that time and were executed did suffer for their Treasons according to Law at length about the lat●●erend of the Queens time a Seminary for the English Jesuits was founded at Valled●●lid in Spain and you know the emyloyment such persons have And soon after the Queens death in the beginning of the Reign of King James several persons came over into England from this very Seminary who together with one Henry Garnet Superior of the Jesuits then in England and divers other English Papists hatched that hellish Gunpowder-plot whereby what was designed you all know but as it fell out these persons as well as those in Queen Elizabeths time were likewise disappointed for their execrable Treasons in the third year of King James were executed at Tyburn and otherplaces This is evident by the very Act of Parliament in 30. Jacobi in the preamble whereof mention is made that Creswel and Tesmond Jesuits came from Validolid in Spain to execute this Gunpowder-Treason with the Poplsh party here in England And Gentlemen after this Treason so miraculously discovered was punished one would not have thought that any future age would have been guilty of the like Conspiracy but it so falls out that the Mystery of Iniquity and Jesuitism still worketh for there hath of late been a sort of cruel bloody minded persons who in hopes to have better success than they had in fo●●mer times during the Reigns of Queen Elizabeth and King James have set on foot as horrid a Design
knew what the business was but he did advise him that he should conceal himself lest the plot by observation should be discover'd We shall likewise produce several other evidences to strengthen and confirm the Witnesses we shall first call our witnesses and enter upon the proof Mr Finch opened the Evidence thus Mr. Finch May it please your Lord ship and you Gentlemen of the Jury before we call our witnesses I would beg leave once more to remind you of what hath already been open'd unto you the Quality of the Offenders themselves and the nature of the offence they stand indicted of For the Offenders they are most of them Priests and Jesuits three of them at the least are so the other two are the accursed Instruments of this Design for the offence it self 't is high Treason And though it be High Treason by the Statute of 27 Elizabeth for men of that profession to come into England yet these men are not Indicted upon that Law nor for that Treason This I take notice of to you for the prisoners sake that they should not fancy to themselves they suffered Martyrdom for their Religion as some of them have vainly imagin'd in their case and for your sakes too that as at first it was Treason repeated Acts of Treason in these men and those proceeding from a principle of Religion too that justly occasioned the making that Law so here you might observe a pregnant instance of it in the prisoners at the Bar That when ever they had an opportunity as now they thought they had they have never failed to put those principles into practice So now Gentlemen as they are not indicted for being Priests I must desire you to lay that quite out of the Case and only consider that they stand here accused for Treason such Treason as were they Lay-men only they ought to die for it though I cannot but observe they were the sooner Traitors for being Priests The Treason therefore they stand indicted of is of the highest nature it is a Conspiracy to kill the King and that too with Circumstances so aggravating if any thing can aggravate that Offence which is the highest that nothing less than the total Subversion of the Government and utter Destruction of the Protestant Religion would serve their turns And really when you consider the Root from whence this Treason springs you will cease wondring that all this should be attempted and rather wonder that it was not done Mischiefs have often miscarried for want of wickedness enough the Horror of Conscience or else the Malice of the Aggressor not being equal to the Attempt has sometimes prevented the Execution of it Here is no room for any thing of this kind This Treason proceeds from principles of Religion from a sense that it is lawful nay that they ought to do these things and every neglect here is lookt on as a piece of Irreligion a want of zeal for which one of the Prisoners did pennance as in the course of our Evidence we shall prove unto you And when we consider too that this is carried on not by the Fury of two or three busie men over zealous in the Cause but by the deliberate and steady Councels of the whole Order and that too under the Obligations of Secresie as high as Christian Religion can lay on them you have great reason to wonder that it did not succeed And yet after all this they have not been able to prevail Not that we can brag of any human policy that did prevent it No all that the Wit of man could do these men had done but 't was the Providence of God 't was his Revelation That Providence that first enlightened his Church and has preserv'd it against all opposition heretofore has once more disappointed their Councells and preserved the King and this Nation in the profession of that true Religion these men have vainly attempted to destroy Gentlemen I will not open to you the particulars of our Evidence that I had rather should come from the Witnesses themselves I shall only in general tell you what will be the Course of it We shall prove unto you That there was a Summons for a Consultation to be held by these men the 24th of April last from the Provincial Mr. Whitebread That they had a Caution given them not to come too soon nor appear much about the Town till the Consultation were over lest oacasion should be given to suspect the Design That accordingly a Consultation was held as they say to send Cary their Procurator to Rome Though we shall prove to you it was for other purposes That they adjourned from their general Assembly into lesser Companies where several persons did attend them to carry Intelligences of their several Resolutions That at these several Consults they did resolve The King was to be killed that Pickering and Grove should do it for which the one was to have 30000 Masses said for his Soul the other 1500 l. That in prosecution of this Design they made several attempts to execute it That they lay in wait for the King several times in St. James's Park and other places And that once in particular it had been done by Pickering if it had not pleased God to have prevented it by an Accident unforeseen The Flint of his Pistol being loose he durst not then attempt it though he had an Opportunity for which neglect we shall prove unto you he underwent the pennance of 20 or 30 strokes That when these men had failed we shall prove to you they hired four Ruffians to murther the King at Windsor and after that at Newmarket Thus they way-laid him in all his privacies and retirements wherever they could think it most convenient to execute their Design And this we shall prove by two Witnesses who though they should not speak to the same Consultations nor the same times yet they are still two Witnesses in Law for several Witnesses of several Overt-Acts are so many Witnesses to the Treason because the Treason consists in the Intention of the man in the Compassing and Imagining the Death of the King The several Overt-Acts which declare that intention are but as so many Evidences of the Treason we will call our Witnesses and make out what had been open'd to you Cl. of Cr. Mr. Oates lay your hand upon the Book The Evidence you shall give for our Sovereign Lord the King against Thomas White alas Whitebread William Ireland John Fenwick Thomas Pickering and John Grove the prisoners at the Bar shall be the truth the whole truth and nothing but the truth So help you God Mr. Serj. Baldwin Pray Mr. Oates will you declare to the Court and the Jury what Design there was for the killing of His Majesty and by whom Mr. Oates My Lord in the month of December last Mr. Thomas Whitebread did receive a Patent from the General of the Jesuits at Rome to be Provincial of the Order after he had received this
Patent he sent Orders to one George Conyers a Jesuit at St. Omers to preach upon St. Thomas of Canterburys day and by virtue of this Order George Conyers did preach against Oaths of Allegiance and Supremacy and did in his Doctrine call them Anti-Christian and devillish My Lord in the month of January this Mr. Whitebread did send several Letters to St. Omers in which Letters there was contained Intimation of his Intent to proceed against the Kings Person to assassinate Him which Letters were written to Richard Asby My Lord in the month of February there comes an Order from him as Provincial for several of the Jesuits to make their appearance at London to be there at a Consult to be held the 24th of April Old stile Lord Ch. Just Where was Whitebread then Mr. Oates He was then in London My Lord as I suppose by the dateing of his Letters My Lord from Mr. Whitebread after this Summons we received a second Summons which came the 5th of April New stile and upon the Summons there were Nine did appear at London the Rector of Liege Sir Thomas Prest●●n the Rector of Ghent whose name is Marsh the Rector of Wott●●n whose name is Williams and to one Sir John Harper and two or three more from St. Omers and there was a special Order given us My Lord to keep our selves close lest we should be suspected and so our Design disclosed My Lord upon the four and twentieth of April Old stile we did appear in the Consult The Consult was begun at the White horse-Tavern in the Strand and there they met in several Rooms they came on by degrees and as the new ones came on the old ones those that had been there before them fell off And there was one John Cary appointed to go Procurator for Rome and he was so appointed by the suffrages of the three Prisoners at the Bar Whitebread Ireland and Fenwick It was afterwards adjourned into several Colloquies or little meetings one meeting was at Mrs. Sanders house that butts upon Wild-house a second was at M. Ireland's a third was at Mr. Harcourt's a fourth was at Mr. Grove's and other meeting or meetings there were but I cannot give a good accompt of them My Lord after they had thus met and debated the state of Religion and the life of the King they drew up this Resolve it was drawn up by one Mico who was Secretary to the Society and Socius or Companion to the Provincial L. Ch. Just When was that done Mr. Oates That day my Lord the Resolve my Lord was this as near as I can remember the words It is resolved that Thomas Pickering and John Grove shall go on in their Attempt to assassinate the King whether they used the word Assassinate I can't remember but the meaning was they should make an Attempt upon his person and that the Reward of the one that is Grove should be Fifteen hundred pounds and that Pickerings Reward should be Thirty thousand Masses My Lord after this Resolution was signed by Whitbread it was signed by Fenwick and Ireland and by all the four Clubs I saw them sign it for I carried the Instrument from one to another L. Ch. Just What was it they signed Mr. Oates The Resolve of the Consult L. C. Just What that which was drawn up by Mico Mr. Oates Yes my Lord that which was drawn up by Mico Whitebread Doth he say that he saw them sign it Mr. Oates Yes I did see them sign it Jury We desire he may be asked where he saw them sign it Mr. Oates Mr. Whitebread signed it at that part of the Consult that was at his Chamber Ireland did sign it at that part of the Consult that was at his Chamber Fenwick signed it at that part of the Consult that was at his Chamber Whitebread Were you at all these places Mr. Oates I went with it from place to place but I mention no more now but only these Whitebread You were not at all these places and saw them sign it were you Mr. Oates Yes I did see them sign it at all those places My Lord in the month of May Mr. Whitebread came over as Provincial from England to St. Omers to begin his Provincial Visitation and with him came Cary and his Companion Mico Cary left St Omers to begin his Journy to Rome Whitebread after he had given an Accompt of what proceedings the Catholicks of England had made in order to disturb the peace of the Kingdom what moneys had been gathered what suffrages dispersed what means have been used what Noblemen had joyned in this execrable Plot he did then my Lord order me to come for England L. Ch. Just Whitebread did Mr. Oates Yes my Lord Whitebread did And my Lord the business I was to come into England for was to murder one Dr. Tongue a Dr. in Divinity who had written a Book called The Jesuits Morals that is to say Translated them out of French into English my Lord I came over into England on the the 23th of June New stile I came out of St. Omers that is the 13th in the stile of England on the 24th New stile I took the Packet Boat at Calice the 25th New stile I met with Mr. Fenwick at Dover He was come down with certain youths to send them to St. Omers and had ordered their passage My Lord with Mr. Fenwick and some other persons we came to London in a Coach and six miles as near as I remember it on this side Canterbury at a place called Bolton our Coach was stopt by the searchers and there they did examine a Box that was in the Coach directed for the honourable Richard Blundel Esq this Box when they opened it they found full of Beads Crucifixes Images and other sorts of Trompery that I cannot give a good account of it 's he can give the best Mr. Fenwick went by the name of one Thompson and did personate one Thompson as Living near the Fountain Tavern at Charing-Cross and did order the searcher to write to him there as by the name of Thompson When the Box was seized they being prohibited Goods Mr. Fenwick did say that if they had searcht his Pockets they had found such Letters about him as might have cost him his life but his Letters did escape searching We came that night to Sittenburgh and lay there on Sunday the 26th new stile as near as I remember and I think we staid there till the afternoon We took Coach in the afternoon and came as far as Dartford On Munday morning we came into London and my Lord when we came into London and had continued there some dayes I now return to Mr. Whitebread There came one Ashby to town he had been sometime Rector of St. Omers and was come to England sick of the Gout and was to go to the Ba●●h to be Cured And he brought instructions with him from Whitebread and the instructions contained in them these particulars
instructions or memorials or what ●●se they called them First that Ten Thousand pounds should be proposed to Sir George Wakeman for the Killing of the King Secondly that care should be taken for the murder of the B●●shop of Hereford Thirdly that care should be taken for the murder ●●f Doctor 〈…〉 s●●t Fourthly that though this proposal was made to Sir George Wakeman 〈…〉 Pickering and Grove should go on still in their Attempts my Lord afterward 〈…〉 taken and Copied out and disperst to the several conspirators in the King●●●●…mes I cannot call to mind But Coleman made several Copies and dispe●●st them 〈…〉 ●●hen the 10000 l was proposed to Sir George VVakma●● but it was refused L. C. J. What it was too Li●● Mr. Oates Yes my Lord it was too Little Then Writebread he Writ from St. Omers that in case 10000 l. would not do 15 should be proposed and after that he had had that proposed he accepted of that L. C J. Were you by when he accepted it Mr. Oates No my Lord I was not But it appeared upon their entry Books and it appear'd by a Letter from this Gentleman Mr. VVhitebread wherein he did shew great deal of Joy for Sir George VVakemans accepting of the 15 thousand Pounds My Lord After this was agreed upon that Sir George Wakeman should have 15000 and 5000 of it was paid by Coleman or his Order Thus the state of affairs stood till August Then one Fogarthey who is dead came to a consult of the Jesuits with the Benedictus Now at this consult the Prisoner at the Bar Fenwick was he was one and Harcourt was another and in this consult there were four Ruffians recommended to them L. C. J. By whom Mr. Oates By Fogarthey they were recommended but accepted of by these consulto●● and consented to by Fenwick they were sent away and the next day after 4 score pound was sent them the most part of it was Gold and Coleman was there and gave the messenger a Guiny to expedite his Errand my Lord In the month of August there came other Letters from Whitebread wherein he did give an account of what care he had taken of the Scotch Business and he ordered one Moor and one Sanders alias Browne to go down to Scotland and he did order the Rector of London then VVilliam Harcourt to send them and he did so send them the 6th of August in the name of the Provincial Whitebread From whence I pray Mr. Oates From London and they went to prosecute and carry on the design which Fenwick and Ireland had plotted of a Rebellion amongst the disaffected Scots against the Governors appointed them by the King and they sent down Ministers to Preach under the notion of Presbyterian Ministers in order to get the disaffected Scots to rise by insinuating the sad condition they were likely to be in by reason of Episcopal Tyranny as they termed it And that they were resolved to dispose of the King and they did intend to dispose of the Duke too in case he did not appear Vigorous in promoting the Catholick Religion I speak their own words L. C. J. Have you done with your Evidence What do you know of the Prisoners at the Bar name them all Mr. Oates There is Whitebread Ireland Fenwick Pickering and Grove Lord Ch. Just Are you sure Pickering and Grove accepted of the Terms Mr. Oates Yes my Lord I was there L. C. Just Where was it Mr. Oates At Mr. Whitebreads Lodgings at Mrs. Sanders house As for Grove indeed he did attend at that time upon Fenwick at his Chamber but after the consult was over he came to Whitebread's Lodgings and did take the Sacrament and the Oaths of secrecy upon it and did accept it and agree to it L. C. Just Were you there when he took the Sacrament Mr. Oates Yes my Lord I was L. C. Just Who gave you the Sacrament Mr. Oates It was a Jesuit that goes by the name of one Barton Whitebread my Lord before I forget it I desire to say this He says that at such and such consults in April and May he was present and carryed the Resolutions from one to an other There are above a hundred and a hundred that can testifie he was all that while at St. Omers Pray tell me when I received the Sacrament Mr. Oates At the same time Whitebread What day was that Mr. Oates The 24 h. of April Whitebread Was I there Mr. Oates you were there Whitebread I take God to witness I was not L. C. Just Mr. Whitebread you shall have time to make your Answer But Mr. Oates pray Mr. Oates when was Mr. Cary dispatched away to Rome and what was his Errand Mr. Oates my Lord I 'le tell you he was approved of to go to Rome the 24●●h of April in the Month of May or June Whitebread brings Cary over to St. Omers and one Mico his Secretary or companion with him L. C. J. When was it Mr. Oates In the month of May or June he was brought over by the Provincial Then went away on his Journy and at Paris received 2●● l. to bear his charges Mr. Finch What do you know of any attempts to Kill the King at St James Park Mr. Oates I saw Pickering and Grove several times Walking in the Park together with their Screw'd Pistols which were longer then Ordinary Pistols and shorter then some Carbines They had Silver Bullets to shoot with and Grove would have had the Bullets to be champ't for fear that if he should shoot if the Bullets were round the wound that might be given might be cured L. C. J. Did Grove intend to champ them Mr. Oates He did say so L. C J. Did he shew you the Bullets Mr. Oates I did see them Grove When was this Mr Oates I saw the Bullets in the month of May and in the month of June Whitebread Pray where did you see them Mr. Oates in Groves Possession Whitebread At what times Mr Oates in the month of May Whitebread Then was he Actually himself at St. Omers Was it in May or June Mr. Oates The latter end of May or June I saw them then twice if not thrice But Pickering's I saw in August Sir Cr. Levings do you know any thing of Pickerings doing Penance and for what Mr. Oates Yes my Lord In the Month of March last for these Persons have followed the King several years but he at that time had not look't to the Flint of his Pistol but it was Loose and he durst not venture to give fire He had a fair opportunity as Whitehread said and because he mist it through his own negligence he under went Penance and had 20 or 30 stroaks of discipline and Grove was chidden for his carelessness L. C. J. That was in March last Mr. Oates Yes my Lord. L. C. J. How do you know that Mr Oates By Letters that I have seen from Mr. Whitebread these I saw and Read and I know Whitebread's hand Mr.
to be present you are to signifie as much to the end others in their Rank●●●● ordered to supply your absence Every one is minded also not to hasten to London long before the time appointed nor to appear much about the Town till the meeting be over le●●t occasion should be given to suspect the design Finally secresie as to the ●●ime pl●●ce is much recomended to all those that receive summons as it will appear o●● it s own nature necessary L. C. J. So it was very necessary indeed Cl. of the Crown There is more of it my Lord. Tertio pro domino solono disco B●●n●●fact Prov. Luniencis I am strai●●ned for time that I can only assure you I shall be much glad of obliging you any ways Sir your servant Edward Peters Pray my service where due c. L. C. J. You know nothing of this Letter Mr. Whitebread Whitebread No my Lord nothing at all L. C. J. Nor you Mr. Ireland Ireland T is none of my Letter my Lord. L. C. J. Did you never hear of it before Ireland N●●t th●●t I know o●● in Particular L. C. J. W●●ll have you do●● with the evidence for the King Mr. Serj. Baldwyn p●●ay Sir Thomas Doleman will you tell my Lord did M●● Oates give in this Testemony of the consul●● to be the 24th of April before this Le●●●● wa●●●●ound L. C. J. How long had you known him before that time S. Paine My Lord I knew him for he came often to our house when I lived at ●● Groves he wa●● the man ●●hat broke ●●pen the Packet of Letters that my Master carri●● about a●… and he ●●ealed all the Packets that went beyond the Seas and he op●●ed them 〈…〉 when the Answers returned back again Ire●●●d Now m●●st ●●l the People of ●●y Lodging come and witness that I was ●● of my Lodging all August last L. C. J. Call them Ireland There is one Ann Ireland L. C. J. Cryer call ●●er Cryer A●● Ireland here she is L. C. J. Come Mistris what can you say concerning your brothers being out of T●● in August A●●n Ireland my Lord on Saturday the third of August he set out to go into Stafford●… L. C. J. How long did he continue there A Ireland Till it was a fortnight before Michaelmas L C. J. How can you remember that it was just the 3d. of August A. Ireland I remember it by a very good circumstance because on the Wed●… before my brother and my mother and I were invited out to dinner we staid the●● night and all Thursday night and Friday night my brother came home and on Saturd●● set out f●●r Staffordshire ●● C. J. Where was it maid that you saw him S. Paine I saw him go in at the door of their own house L. C. J. When was that S Paine About a week before I went with my Lord Chamberlaine to Windsor ●● was a week after the King went thither L. C. J. That must be about the 12 or 13 and are you sure you saw him S. Paine Yes my Lord I am sure I saw him L. C. J. Do you know this maid Mr. Ireland Ireland I do not know her my Lord. L. C. J. She knows you by a very good token You used to break open the Lette●● her masters house and to seal them S. Paine He knows me very well for I have carried several Letters to him that ●● from the carrier as well as those that came from beyond Sea L. C. J. They will deny any thing in the World Ireland I profess I doe not know her Twenty people may come to me and yet ●● know them and she haveing been Mr. Groves servant may have brought me Letters ●● yet my Lord I remember her no●● but here is my mother Elenor Ireland that can testif●● same L. C. J. Call her then Cryer Elenor Ireland Elenor Ireland H●●re L. C. J. Can you tell when your Son went out of Town E. Ireland He went out of Town the third of August towards Staffordshire Ireland My Lord there is Mr. Charles Gif●●ord will prove that I was a week after th●…gining of September and the lat●●r ●●nd of August in Staffordshire L. C. J. That will not doe for she said she saw you i●● London about the 10th or 1●●● August she makes it out by a circum●●ance which is better evidence then if she had 〈…〉 and swore the precise day wherein she saw him I should not have been sati●●fied unl●… 〈◊〉 given me a good account why she did know it to be such a day she does it by circum●●●●ces by which we must calculate that she saw you about the 12th or 13th day She 〈…〉 to my Lord Arlington's at such a day a week after the King went to Windsor and that was about the 13th and she saw you a week before she went to my Lord Arlingtons which must be the 12th or 13th You say you went out of Town the third of August who can swear you did not come back again Ireland All the ●●ouse can testify I did not come to my lodging E. Ireland He went out of Town the third of August and did not return till a forthnight before Michealmas L C. J. Did you lye at his house E. Ireland I did then my Lord L C. J. What all that while E. Ireland Yes my Lord. D. C. J. So did your daughter too did she E. Ireland Yes she did Ireland There are others that did see me the Latter end of August in Staffordshire L. C. J. And you would feign have crampt him up between the 20. and 31. and then ●…ossible you might be in Staffordshire Ireland If I might have been permitted to send in for such witness as I would have ●●ad I ●●ould have brought them Mr. Recorder Why have you not a note of what witnesses you are to call why don't you call them according to that note Ireland I had that but this morning L. C. J. Why did not you send for them before to have them ready Mr. Recorder 'T is his Sister that brings that note of the witnesses that he should call and 〈…〉 they are not here A. Ireland There was one Engletrap and one Harrison had promised to be here that went with him into Staffordshire Mr. Oates My Lord when ever we had a mind to come to Towne we conmmon●●y writ our Letters and let them come to town two dayes after us ●●oe that we might ●●rove by the writing of such Letters if any Question did arise that we could not be at such ●● place at such a time And when we pretended to go into the country we have gon●● and ●●ken a chamber in the City and have had frequent cabal●● at our chambers there Mr. ●●reland writ a Letter as dated from S●● Omers when I took my leave of him at his own ●●hamb●●r which was betwixt the 12th and 24th in London ●● was there and afterwards when I ●●r●… Fenwicks chamber he came thither a ●…ght or ten
dayes at least I am ●●re it was 〈…〉 August L C J. 〈…〉 th●●ee witnesses upon ●●th ●●bout this one thing here is Mr. Bedlow ●…ct upon which the quest●…s●●s to b●●● August that you deny and say ●…w●●e out of town then ●● produces ●● m●●d h●●e and she swears that about that time which by ●●●cu●●a●●on must be about the 11th o●● 12th ●●e Saw you going into your ●●wn ho●●s●● And here ●● a third wit●●s who swears he knowes nothing of this matter of ●●ct but he knows you were in town th●● and that he tooke ●●is leave of you as going to ●●t Omers Mr. Oates Whereas ●●e says that a●●●●h●● beginning of September he was in Staffordshire he 〈…〉 in town the first of September or second for then I had of him twenty shilli●●gs ●●●land This is a most ●●a●●s lie ●●or I was then in Staffordshire and the witnesses contradict ●…elves for the one saith he took his leave of me as going to St. Omers the 12th the o●…aith it was the latter ●●nd of August I was at Harcourts Chamber L. Ch. J. He does not say you went but you pretended to goe A. Ireland Here is one Harrison that was a Coachman that went with them L. Ch. Just Well what say you friend do you know mr Ireland Harrison I never saw the man before that time in my life but I met with him at ●● Albans L. Ch. Just When Harrison The fifth of August there I met with him and was in a journey with him the sixteenth L. Ch. Just What day of the week was it Harrison of a munday L. Ch. Just Did he come from London on that day Harrison I cannot tell that but there I met him L. Ch. Just What tim●● Harrison Jn the Evening L. Ch. Just Whereabouts in St Albans Harrison At the Bull-Inn where We lodged L. Ch. Just Mr. Ireland You say you went on Saturday out of Town did you stay St. Albons till munday Ireland No I went to Standon that day and lay there on Saturday and Sunday nig●● on munday I went to St. Albons L. Ch. Just What from thence Ireland Yes my Lord. L. Ch. Just Why did you goe thither was that in your w●● Ireland I went thither for the Company of Sir John Southcot and his Lady L. Ch. Just How did you know that they went thither Ireland I understood they were to meet my Lord Aston and Lady there L. Ch. Just What on munday night Ireland Yes my Lord. Harrison From thence I went with him to Tixwell to my Lord Aston's house ●● we were all with him L. Ch Just Were you my Lord Aston's Coachman Harrison No my Lord I was Servant to Sir John Southcot L. Ch. Just How cam●● you to go wi●●h them Harrison Because my Lord Aston is my L●●dy Southcot's brother L. Ch. Just How long was you in his company Harrison From the fifth of August to 〈…〉 sixteenth then I was with him at W●●stch●… Mr. Just A●●kins You have no●● yet 〈…〉 of being at Westchester all this while Ireland my Lord I must talke of ●…ey by degrees L. Ch. Just Before you said you 〈…〉 August in Stafford Shire come you must ●● out some evasion for that Ireland In Stafford Shire and t●●e●●eab●… L. Ch. Just You witness who do you live with Harrison with Sir John Sou●… L. Ch. Just Who brought you hither Harrison I came only by a messenger last n●… L. Ch. Just Was not Sir John Southcot in that journey himself Harrison Yes my Lord he was L. C. J. Then you might aswell have sent to Sir Iohn Southcot himself to come A. Ireland I did it of my selfe I never did such a thing before and did not un●●●stand the way of ●●t Ireland I●● was meer chance she did send for those she did L. C. J. But why should she not send for Sir John himself Ireland she did not know that Sir John was here L. C. J. You were not denied to send for any witnesses were you Ireland I was expresly denied they would not let me have one bit of paper L. C. J. Fellow what Town was that in Staffordshire tell me quickly Harrison It was Tixwel by my Lord Astons there we made a stay for three or four days then we went to Nantwich and so to Westchester L. C. J. Were not you at Wolverhampton with him Harrison No my Lord I was not there I left him at Westchester Ireland my Lord I was at Wolverhampton with Mr Charles Gifford and here he is to attest it L. C. J. Well Sir what say you Gifford my Lord I saw him there a day or two after St. Bartholomews day there he continued till the 9th of September the 7 th of September I saw him there and I can bring 20. and twenty more that saw him there Then as he said he was to goe towards London I came again thither on the 9th and there I found him and this is all I have to say Mr. Oates My Lord I do know that day in September I speak of by a particular circumstance Ireland There is one William Bowdrel that will testifie the same if I might send for him L. C. J. Why ha● you him here Jreland She hath done what she can to bring as many as she could L. C. J. Have you any more witnesses to call Ireland I can't tell whether there be any more here or no. L. C. J. Mr. Grove what say you for your self Grove Mr. Oates sayes he lay at my house my Lord I have not been able to send for any witnesses and therefore I know not whether there be any here They could prove that he did not lye there he sayes he saw me receive the Sacrament at Wildhouse but he never did and if I had any witnesses here I could prove it L. C. J. He tells it you with such and such Circumstances who lay there at that times Grove He did never lye there L. C. J. Why you make as if you never knew Mr. Oates Grove my Lord I have seen him but he never lay at my house L. C. J. Mr. Pickering what say you for your self you relye upon your Masses Pickering I never saw Mr. Oates as I know of in my life L. C. J. What say you to Bedlow he tells you he was with you in Harcourts chamber such a day Pickering I will take my oath I was never in Mr. Bedlows company in all my life L. C. J. I make no question but you will and have a dispensation for it when you have done well have you any witnesses to call Pickering I have not had time to send for any L. C. J. You might have moved the Court when you came at first and they would have given you an order to send for any Ireland Methinks there should be some witnesses brought that knew Mr. Oates to attest his reputation for I am told there are those that can prove very ill things against him they say he broke Prison at Dover L. C.
Serj. Baldwyn What do you know of the Ruffains that went down to Windsor what success had they Mr. Oates I can give no Account of that because in the beginning of September this Gentleman that had been in England some time before was come to London and the business had taken Air and one Beddingfield had written to him that the thing was discovered and that none but such a one could do it naming me by a name that he knew I went by Whitebread When was that Sir Mr. Oats In the month of September last I came to the Provincial's chamber the 3th of September when I came I could not speak with him for he was at supper but when he had surp'd I was admitted in and there he shewed me the letter that he had received from Beddingfield Whitebread Where did you see it Mr. Oats You read it to me when you chide me and beat me and abused me L. C. J. What did he chide you for Mr Oates He did charge me with very high language of being with the King with a minister and discovering the matter I was so unfortunate that the Gentleman who was with the King did wear the same colour'd cloathes that I did then wear And he having given an Account that the party wore such cloathes the suspicion was laid upon me Now my Lord I had not then been with the King but another Gentleman had been with him from me with the draught of some papers concerning this Business which I had drawn up and I was ready to appear when I should ●●e called to justifie them only I did not think fit to appear immediately And my Lord this Beddingfield he had gotten into it that it was discovered and writ the Provincial word he thought it was by me When he had received this letter he asked me with what Face I could look upon him since I had betrayed them so my Lord I did profess a great deal of innocency because ●● had not then been with the King but he gave me very ill language and abused me and I was afraid of a worse mischief from them for I could not but conclude that if they dealt so cruelly with those that only writ against them I could scarce escape of whom they had that Jealousie that I had betrayed them And my Lord though they could not prove that I had discovered it yet upon the bare suspition I was beaten and affronted and reviled and commanded to go beyond Sea again nay my Lord I had my lodging asaulted to have murthered me if they could Whitebread By whom Mr. Oats By Mr. Whitebread and some of them Whitebread Who beat you Mr. Oates Mr. Whitebread did Mr. Serj. Baldwyn Was it Pickering or Grove that had the Flint of his Pistol loose Mr. Oates Pickering Pickering My Lord I never shot off a pistol in all my life L. C. J. What say you to the fourscore pounds Mr. Oates My Lord I will speak to that that was given to the four Ruffians that were to Kill the King at VVindsor Now my Lord that money I saw L. C. J. Where did you see it Mr. Oates at Harcourts Chamber L. C. J. Where is that Mr. Oates In Dukestreet near the Arch L. C. J. Who was it given by Mr Oates VVilliam Harcourt L. C. J. did you see the four fellows Mr. Oates No my Lord I never did nor never knew their names L. C. J Who was the money given to Mr. Oates A messenger that was to carry it down to them L. C. J. VVho was that messenger Mr. Oates One of theirs that I do not know and I durst not be too inquisitive my Lord for fear of being suspected L. C. J. VVho was by when the money was paid Mr. Oates Coleman that is executed and my Lord there was this Mr. Fenwick by that is the Prisoner at the Bar Fenwick VVhen was this Mr. Oates In the month of August Fenwick VVhere Mr. Oates At Harcourt's chamber Fenwick I never saw you there in all my ●●●e Are you sure I was by when the money was there M. Oates Yes you were L. C. J. Mr. Fenwick You shall have your time by and by to Ask him any question Mr. Oates let me ask you once again when there was the appointment made for Grove and Pickering to Kill the King who s●●gn'd it Mr. Oates At least forty signed it L. C. J. Did the other three sign it Mr. Oates Yes my Lord all of them L. C. J. Name them Mr. Oates There was VVhitebread Fenwick and Ireland L. C. J. And you say you went from place to place and saw it signed Mr. Oates Yes my Lord I did L. C. J. Were you attendant upon them Mr Oates My Lord I ●●ver was since the year 1666. L. C. J. At whose Lodging did you use to attend upon the Consultation M. Oates At the Provincials chamber Mr. VVhitebread L. C. J. Where was it first signed Mr. Oates at the Provincials chamber Sir Cr. Levings Who carried it from Lodging to Lodging Mr Oates I did L. C. J. When was it Mr. Oates The 24th of April Mr. J. Bertue You say you carried the result from place to place pray tell us wh●● that result was Mr. Oates They knew what it was for they read it before they signed it Mr. J. Atkins But tell us the contents of it Mr. Oates The contents of that Resolve was this I le tell you the substance though●● cannot tell you exactly the words that Pickering and Grove should go on in their attemp●● to Assassinate the Person of the King as near as I can remember it was so that the form●● should have 30000 Masses and the Latter 1500 pounds and the whole consult did consent to it and signed the agreement that was made with them and did resolve up●● the Kings death all in one resolve L. C. J. Where was this agreed upon at the White-horse Tavern Mr. Oates No my Lord after they had agreed at the VVhite Horse Tavern that Mr. C●● should go procurator to Rome and some other small particulars which I cannot now ●● member they did adjourn from the VVhite-Horse-Tavern and met at several Chamber some at one place and some at another L. C. J. But you say Mico did draw up the resolution where was that M. Oates At Mr. VVhitebreads chamber for he was Socius and Secretary to the Provicial L. C. J. Were Ireland and Fenwick present when Mico drew it up Mr. Oates No my Lord but they were at their own chambers after it was drawn ●● there and signed by Mr. VVhitebread and those of the consult in his chamber it was caried to the several consults L. C. J. What all the same day Mr. Oates Yes my Lord. L. C. J. And you went along with it Mr Oates Yes my Lord I d●● Mr Just Bertue I only ask you were all the five Prisoners privy to it or do you dis●●guish of any of them and which Mr. Oates They were all privy to
it Whitebread My Lord we can prov●● L. C. J. You shall have time sufficient to make what defenee you can you shall be s●● to have a fair tryal and be stopt of nothing that you will think fit to say for your sel●● Mr. Oates were Pickering and Grove present Mr. Oates Yes my Lord Grove at Fenwicks Chamber and Pickering at the Provinc●● chamber L. C. J. But they were not required to sign this were they Mr. Oates after that the whole consult had signed it and Mass was preparing to be 〈…〉 for it before Mass they did sign and accept of it L. C. J. Where did they two do it Mr. Oates At the Provincials chamber L. C. J. What day was it Mr. That day for they met all together at the Provincials chamber to receive the ●●crament and when M●●ss was going to be said one said it was too late for it was after ●● a 〈…〉 but Mr. Whitebread said it was not after noon ●●i●● we had din'd and you k●●● 〈…〉 that M●●ss●●s have been said at one or two of the clock in the af●●ern●●● Mr. Just Atkins How many persons did meet at that Consult Mr. Oates My Lord there were about forty or fifty and after they had adjourned into several lesser Companies they met altogether at Mr. Whitebreads Chamber L. C. J. Where was that and when Mr. Oates That day at Wild-house L. C. J. Where was it that they gave the Sacrament Mr. Oates At a little Chappel at Wild-house Mrs. Sander's L. C. J. Did they accept it before they took the Sacrament Mr. Oates Yes Pickering and Grove did sign it before they took the Sacrament Mr. Just Atkins You tell us of an Oath of Secresie that was taken what was that Oath Mr. Oates I cannot give an account of the form of the Oath but it was an Obliga●●ion of Secresie Mr. Just Atkins Did you see the Oath administred Mr. Oates Yes my Lord I did L. C. J. Who administred it Mr. Oates Mr. Whitebread he did give it unto me and to all the rest that were there and Mico held the Book it was a Mass-book but they were words of his own invention I believe they were not written down L. C. J. Can't you tell what they were Mr. Oates No my Lord I cannot tell because I did not see them written down L. C. J. If you will ask this Gentleman any thing more you may Whitebread My Lord I am in a very weak and doubtful condition as to my health and therefore I should be very loth to speak any thing but what is true We are to prove a Negative and I know 't is much harder to prove a Negative than to assert an Affirmative 't is not a very hard thing for a man to swear any thing if he will venture his Soul for it but truly I may boldly say in the sight of Almighty God before whom I am to appear there have not been three true words spoken by this Witness L. C. J. Do you hear if you could but satisfie us that you have no Dispensation to call God to witness a Lye Whitebread My Lord I do affirm it with all the Protestations imaginable L. C. J. But if you have a Religion that can give a Dispensation for Oaths Sacraments Protestations and Falshoods that are in the World how can you expect we should believe you Whitebread I know no such thing L. C. Just We shall see that presently before we have done Mr. Oates I have one thing more to say my Lord that comes into my mind This Whitebread received power from the See of Rome to grant out Commissions to Officers military And my Lord here are the Seals of the Office in Court which he hath sealed some hundreds of Commissions with which they call Patents L. C. J. What were those Commissions for for an Army Mr. Oates Yes my Lord for an Army Whitebread When were those Commissions signed Mr. Oates My Lord several of them were signed in the former Provincials time L. C. J. What I warrant you you are not Provincial of the Jesuits are you Whitebread I cannot deny that my Lord. L. C. J. Then there are more than three words he hath spoken are true Mr. Just Atkins I believe Mr. Oates that that Army was intended for something pray what was it for Mr. Oates My Lord they were to rise upon the death of the King and let the French King in upon us and they had made it their business to prepare Ireland and Scotland for the receiving of a foreign Invasion L. C. Just Who were these Commissions sealed by Mr. Oates My Lord the Commissions of the Great Officers were sealed with the Generals Seal L. C. Just Who was that M Oats His Name is Johannes Paulus de Oliva His Seal sealed the Commissions for the Generals Major-Generals and great Persons but those Seals that sealed the several Commissions to several inferior Officers were in the Custody of the Provincial L. Ch. Just Can you name any one person that he hath sealed a Commission to Mr. Oates I can name one To Sir John Gage which Commission I delivered my self L. Ch. Just What of Sussex Mr. Oates Yes of Sussex Mr. Justice Atkins Who did you receive the Commission from Mr. Oates My Lord when he went over he left a great many blank Patents to be filled up and he left one ready sealed for a Commission to Sir John Gage This was delivered into my hands when he was absent but it was signed by him and delivered to me while he was in his Visitation beyond the Sea●● but I dare swear it was his hand as I shall answer it before God and the King Mr. Just Atkins Who had it you from Mr. Oates From Mr. Ashby but by Whitebreads appointment in his instructions which I saw and read L. Ch. Just What was the Commission for Mr. Oates To be an Officer in the Army L. Ch Just Did you see the Instructions left for Ashby Mr. Oates I did see them and read them and I did then as I always did give it as my judgment that it was more safe to poyson the King than to pistol or stab him Mr. Just Bertue Was the Commission which you delivered to Sir John Gage from Ashby or from Whitebread Mr. Oates I had it from Ashby but Whitebread who was then beyond Sea had signed this Commission before he went My Lord I have something more yet to say and that is as to Mr. Grove That he did go about with one Smith to gather Peter pence which was either to carry on the Design or to send them to Rome I saw the book wherein it was entred and I heard him say that he had been gathering of it Grove Where was this Mr. Oates In Cock-pit-Alley where you know I lodged Grove Did I ever see you at your Lodging Mr. Oates You saw me at my own door L. Ch. Just Why don't you know Mr. Oates Grove My Lord I have seen him before
that they did not permit me to know any thing of it I went out of Town for a fortnight and when I returned I understood there had been such a meeting I charged them with their Privacy in it and asked what was the private design of that Consultation they said it was something I should know in time That it did not signifie much at present but in time I should know it But then I understood by Pritchard who was more my Confident than any of the rest That it was a design to kill the King That Mr. Pickering and Grove had undertaken it a great while and that they had been endeavouring a long while to bring it to pass Fenw. Where was this meeting and when Mr. Bedlow Last August at Harcourts Chamber Fenwick Who were present the●●e Mr. Bedl Be pleased to give me leave to go on I 'le tell you by and by Then I understood as I said That it was to kill the King but that Pickering and Grove failing of it they had hired four Ruffians that were to go to Windsor and to do it there and that if I would come the next day I should hear from Mr. Coleman the Effect When I came there I found Mr. Coleman was gone but Pritchard said there were some sent to Windsor and that Coleman was going after them and that he had given a messenger a Guinny that was to carry the money to them and he would presently be after them for fear they should want opportunity to effect their Design Then I discoursed them why they kept their Design so long hid from me They said it was a Resolve of the Society and an Order of my Lord Bellasis that none should know it but the Society and ●●hose that were actors in it I seemed satisfied with that answer at present About the latter end of August or the beginning of Septem●●er but I believe it was the latter end of August I came to Harcourts Chamber and there was Ireland and Pritchard Pickering and Grove L. C. J. What part of August was it Mr. Bedlow The latter end L. C. J. Do you say it positively that it was the latter end of August Mr. Bedlow My Lord it was in August I do not swear positively to a day L. C. J. But you say it was in August Ireland And that we were there present Mr. Bedlow You were there and Mr. Grove and Mr. Pickering Ireland Did you ever see me before Mr. Bedlow You were there present there and Grove Pickering and Pritchard a●●d Fogarthy and Harcourt and I. L. C. J. What did you talk of the●●e M●● Bedl. That the Ruffians missing of killing the King at Windsor Pick●●ring and Grove hould go on and that Conyers should be joyned with them and that wa●● to assassinate he King in is morning walks at Newmarket and they had taken it so strongly upon ●●hem that they were very eager upon it And M. Grove was more forward than the ●●●t and said since it could not be done clandestinely it should be attempted openly ●●d that those that do fall had the glory to die in a good cause But said he if it be ●●scovered the Discovery can never come to that heighth but their party would be ●…g enough to bring it to pass L. C. J. And you swear Ireland was there Mr. Bedlow He was there my Lord. L. C. J. And heard all this Mr. Bedlow Yes my Lord and so did Grove and Pickering and the rest Ireland My Lord I never saw him before in my life L C. J. What was the Reward that you were to have for your pains in this business Mr. Bedlow My Lord the Reward that I was to have as it it was told me by Harcourt was very considerable I belonged to one particular part of the Society There are others and I presume ●●hey each kept their particular messenger L. C. J. What was Mr. Grove to have Mr. Bedlow Grove was to have fifteen hundred po●●nd if he escaped and to be a co●●tinual Favourite and respected as a great person by all the Church L. C. J. What was Pickering to have Mr. Bedlow He was to have so many Masses I can●●ot presume to tell the numbe●● but they were to be as many as at twelve pence a Mass should come to that money The Masse were to be communicated to all the Jesuits beyond the Seas that when he h●● done it he might be sent away immediately L. C. J. What can you say of any of the rest Mr. Bedlow My Lord I do not charge any more but them three L. C. J. What say you to Whitebread Mr. Bedlow They have said that he was very active in the Plot but I know it no●● L. C. J. That is not any Evidence against him What can you say as to Fenwick Mr. Bedlow No more than I have said as to Mr. Whitebread I only know him sight L. C. J. Then he charges only these three upon Oath Ireland Pickering and Grove Ireland Do you know Sir John Warner Mr. Bedlow I know Father Warner at St. Omers and Sir John Warner at Wotton St. Omers Ireland He named Sir John Warner to be at Paris Mr. Bedlow It was Sheldon I spoke of my Lord at Paris I●●eland At least you are certain that I was present at that Consultation Mr. Bedlow Yes I am certain you were there I●●eland Can you produce any witness that you ever spoke to me before in y●● li●●e Mr. Serj. Baldwin Do you know any thing of Mr Whitebreads being present at of the Consults Mr. Bedlow I do know that Mr Whitebread and Mr. Fenwick both have been ●…ral times at Consultations but I do not know what the particular Resolves of ●● Consultations were L. C. J. Did you ever hear them speak any thing in particular Mr. Bedlow No I have never heard them speak any thing in particular L. C. J. Whe●●e have you seen Mr. Fenwick Mr. Bedlow I have seen Mr. Fenwick at Mr. Harcourts Chamber and I have ●● heard him talkt of and it hath been told me that nothing was done without Mr. ●…wick Whitebread Are you sure you know us Mr. Bedlow I do not say you are the man that employed me you are the man I was least acquainted with of all the Society but I have seen you there Ireland Can you bring any one that can testifie it L. C. J. He must then have brought one of your selves and it may be he cannot produce any such one Ireland Nor no one else except such a Knight of the Pest as Mr. Oates L. C. J. You must be corrected for that Mr. Ireland you shall not here come to abuse the Kings Evidence Nothing appears to us that reflects upon Mr. Oates's Testimony and we must not suffer any such sort of Language Mr. Just Atkins Take of his Credit as much as you can by proof but you must not abuse him by ill language Mr. Finch Can you tell the Court and the Jury when it was
he did approve of the four Jesuits that were to kill my Lord of Ormond and did consent to send Fogarthy down to the Arch-Bishop of Dublin lin case the ●●our good Fathers did not hit the business Mr. Whitebread my Lord did consent when he came over as appears by their entry Books for there came a Letter from him Dated as from St. Omers but I concluded it did not come from thence because it paid but two penc●● Whitebread Who was it that writ that Letter Mr. Oates My Lord this letter was Dated as the later part of August and Dated as from St. Omers but the Post mark upon it was but two pen●● to b●● paid for it so that I do conclude thence Mr. Whitebread was then at Esq Leigh's House in But in that letter he did like the proposal that was made about killing the Duke of Ormond in that Consult and the letter was Signed with his own Hand L. C. Just I would gladly see that Letter Mr. Oates If I could see it I could know it 3 L. C. J. You have not that letter Mr. Oates No but they kept a book wherein they Registred all their Resolutions and there it was entred L. J. C. You upon your Oath say That he as superior of them did keep a Book wherein they Registred all their Consults Mr. Oates Yes my Lord. L. C. Just You would do well to shew us your Book Mr. Whitebread Whitebread We never kept any Mr. Oates The Consult did for though the Superior have an absolute power over ●● subject yet they never do any thing of consequence without the Consult And this Book was kept by the superior and never opened 〈…〉 the Consult and therein all the passages were Registred L. C. J. Produce your Book and we 〈…〉 whether you cannot catch Mr. Oates in ●●omething or other Mr. Bedlow My Lord that Book I hav●… therein all their Consults are registred L. C. J. Was there Books kept by 〈…〉 Mr. Bedlow Yes my Lord All the Consults did keep Bookes and Mr. Lang●●orn●● was the person that Registred all into one L. C. J. If an hundred witnesses swore it they will deny it well will you have any more Mr. S. Baldwin My Lord we will now call Mr. James Bedlow this Gentlemans Brother to shew you that these sort of Persons did resort to him frequently L. C. J. Are you sworn S●● Mr. James Bedlow Y●●s my Lord I am L. C. J. Then le●● me ask you one short Question Do you know Mr. Ireland M●● James Bedlow N●● L. C. J. Do you know Pickering or Grove Mr. James Bedlow I have heard of them L. C. J. Did your Brother know any thing of them Mr. J. Bedlow As for the Conspiracy of killing the King I know nothing of it b●● about his knowledg of Priests and J●●suits and the Converse he had beyond sea that can speak to And I have very often heard these mens names named L. C. J. In what nature did he talk of them Mr. J. Bedlow I know nothing of the Plot ●●nd as for any d●●sign I know not w●● my Brother knew b●●t I have heard him talk of them L. C. J. How did he talk of them Mr. J. Bedlow He mentioned them as his Acquaintance the Jesuits there did ask 〈…〉 Questions about them L. C. J. And did it appear to you they were of his Acquaintance Mr. J. Bedlow But I understood nothing of the ●●lot ●● Design by the Oath 〈…〉 taken L. C. J But did he speak as if he knew any of them Mr. J. Bedlow For ●…n knowledg that my Brother had of them I cannot 〈…〉 but I have often heard him talk of them as people I thought he kn●●w Mr. Finch Did you know that when he ca●●e over from beyond sea that hi●… was frequented by any ●●d by whom Mr. J. Bedlow Yes there were many Priests 〈…〉 Jesuits came to him Mr. Finch Did your Brother receive any money from the●● Mr. J. Bedlow Yes my Lord I have fetcht many score of pounds for my Brother 〈…〉 them L. C. J. The use G●●ntlemen that the Kings council make of this evidence is only shew that his Brother M●● Bedlow was conversant in their affairs in that he hath 〈…〉 many a score of ●…ing of their busines●● Sir Cr. Levings Pr●●y ●●●m whom had your Brother that money M●● J. Bedlow I have proved that from the Goldsmiths thems●●lves that paid it 〈…〉 the Duke of Monmouth my Lord Chanc●●lor and Lord Treasurer Mr Finch Have you received any consi●●erable ●●● at a time Mr. Bedlow Yes 〈…〉 Mr. Finch How muc●● Mr. J. Bedlow fifty or threescore pounds at a 〈…〉 Mr. Finch Of wh●●m Mr. J. Bedlow Of Priests and J●●suits M●● Finch For whom Mr. J. Bedlow For my Brother L. C. J. Will you have any more Evidence Mr. Serj. Baldwyn Yes my Lord the next evidence we produce is concerning a 〈…〉 ●●ere was a letter written by one Mr. Peters that is now a prisoner to one Tonstall a Jesuit and this letter does mention That there was a meeting appointed by order of Mr. Whitebread to be at London L. C. J. What is that to them and how came you by it Mr. Serj. Baldwin Peters is now in Prison for things of this nature and you have he●●rd of one Harcourt and out of his Study this Letter was taken Mr. W. Bedlow My Lord may I not have liberty to withdraw my head akes so extreamly I cannot endure it L. C. J. Mr. Bedlow you may sit down but we can't part with you yet Ireland I desire my Lord that his Brother may be asked how long he had known me L. C. J. Can you recollect by the discourses you have heard how long he might have known Ireland Mr. J. Bedlow No my Lord it was out of my way L. C. J. But he did talk of Ireland Mr. J. Bedlow Yes my Lord he did Ireland As being where in what place Mr. J. Bedlow I cannot tell Ireland He named one place three years ago it was at Paris L. C. J. But he does not say that you were there but that you were familiarly talk'd of there so that the meaning is they were acquainted with you and this is only brought to shew that it is not a new-taken-up thing by Mr. Bedlow though you seemed never to have known any such man yet he swears saith he I have heard such persons talkt of as my Brothers acquaintance Ireland If his Brother had talkt of me three years ago why then he must have known me three years ago L. C. J. ●●e ask him that question How long is it since you knew him Mr. W. Bedl. I have known him but since August this last Summer but my Lord I talkt five and four years ago of several English Monks and Jesuits that were then at Rome that I never knew in my life L. C. J. His answer then i●● th●● saith his Brother I have heard him talk of them three years ago I then asked
Bedlow how long he had known them saith he I did not know them three years ago though I did talk of them three years ago for we have talkt of many that we never saw in our lives so it seems he had occasion to make use of your names frequently and joyn them with these of some he knew better But he never knew you t●●ll August last but he did discourse of you three years ago as known for such sort of persons Ireland He must hear some body speak of us as being in some place or another Mr. W. Bedlow I will satisfie you in that we talk of some now in England that are to be sent a year hence L. C. J. If you can produce but Ha●●court and le Faire they will do you great service now Mr. W. Bedlow My Lord a●● for example Father Pritchard is Confessor to such a Gentleman in England now thi●● year a year hence we m●●t ●●●d such a one hither and he must go back And we may talk of th●● person as i●● England two years before L. C. J. You need not trouble your selves about that Mr. Ireland you shall have a fair Tryal but you will not have cunning or art enough to deceive the Jury nor will Mr. Whitebread have learning enough to baffle the Court. Then Mr. W. Bedlow and his Brother withdrew Mr. Serj. Baldwyn My Lord the next Evidence that we shall give as I said is a Letter from one Peters to one Tonstall and this we will bring home to Mr Whitebread for it is an invitation to be at the Consu●●t held in London the 24th of April and it was written about that very time to wit the 3d of April It was written from London and it mentions that Mr. Whitebread did fi●● the meeting at that time We 'll tell you how we came by the Letter Mr. Harcourt who is one of the principal persons here and at whose House was the meeting you heard o●● he himself is fl●●d away when they came to look after him upon the discovery that was made And Mr. Bradley who was the messenger to seize upon him did according to direction search his Study and did there find this Letter which we conceive my Lord to be very good Evidence this Harcourt being a party and one at whose hou●●e the last meeting was and others was We do conceive a ●●etter from one of that party bearing date about the same time concerning Mr. Whitebreads Summons who was Master of the Company is a very good Evidence against them L. C. J. ●●f you had found it in Mr. Whitebreads custody you say something Mr. J●●st Bertue My Brother puts it so we find a Letter directed to Mr. Whitebread let the matter of it be what it will it is found among Harcourts papers Mr. Serj. Baldwin No my Lord we find a letter from one Mr. Peters now a prisoner directed to Mr. Tonstal concerning the Consult summoned by Whitebread and this we find in Harcourts possession L. C. J. I can't understand how this may affect Mr. Whitbread M. Finch Pray my Lord if your Lordship please this is the use we make of this Letter we do not produce it as ano●●er Evidence of this Design but to fortifie that part of the Evidence which hath already been given That there was a Consult summoned at that time and to be held with all tht privacy that could be to prevent discovery And this is the Paper that we find in the custody of Harcourt one of the Conspirators who is fled for it L. C. J. Look you Mr. Finch if you use it not against any particular person but as an Evidence in general that there was a Plot amongst them you say right enough but it cannot ●●e Evidence against any one particular person of the prisoners at the Bar. Mr Finch My Lord it can affect no particular person but we only use it in the general and we pray it may be rea●● L. C. J. Gentlemen of the Jury before you hear the Letter read I would say this to you Let them have fair play whatsoever they me●●e unto ●●thers we will shew them justice They shall have as fair play upon their Tryals as any persons whatsoever The thing that is offered to be given in evidence is a Letter written by one Peters a prisoner for this Plot and directed to one Tonstal a Jesuit and this is found in Harcourts Chamber a Priest that is fled and one whom the King hath commanded to render himself by His Proclamation but he does not Now in that Letter there is a discourse of a Design and Plot on foo●● This cannot be Evidence to charge any o●●e particular person of these but only to satisfie you and all the wo●●ld that those letters and papers that are ●●o●●d amongst their own Priests do fortifie the Testimony of Mr. Oates that there is a general Plot 't is not applied to any particular person Mr. Oates The day before the Consult met Mr. Whitebread did ask Mr. Peters whether he had summoned the Consult according to his directio●● Mr. Peters told him yes he had writ into Warwick-shire and Worcester-shire Whitebread When was this Mr Oates the day before the consult me●● Whitebread Did you hear me ask Mr. Peters Mr. Oates Yes I did hear you and I did hear him say he had done it now my Lord this Letter that is found in Harcourts study shewes that Mr. Whitebread had directed Mr Peters in this consult Mr. Serj. Baldwin Pray swear Sir Tho Doleman to shew how he came by it Which was done Mr. Serj Baldwin Sir Tho Doleman what do you know of this Letter Sir Thomas Doleman this Letter in my hand was taken amongst Harcourts papers in a great Bag of papers and searching them I did find this Letter amongst the rest Then the Letter was shewn to Mr. Oates L. C J. Is that Mr. Peters hand Mr. Oates Yes my Lord it is L C. J. Were you acquainted with his hand Mr. Oates Yes my Lord I have often read it in Letters L. C. J. Do you know Tonstall Mr. Oates My Lord I do not know him by that name If I did see him perhaps I might I know men better by their faces Sir Cr. Levines pray read it Cl. of the Crown This is Dated February 23d 77 And superscribed thus these for his honourd friend Mr. William Tonstal at Burton Honoured dear sir I have but time to convey these following particulars to you first I am to give you notice that it hath seemed fitting to ●●ur Master consult Prov. c. to fix the 21st day of April next stylo viteri For the meeting at London of our congregation on which day all those that have a suffrage are to be present th●●re that they may be ready to give a beginning to the same on the 24th which is the next day after St. Georges day you are warned to have jus suffragij and therefore if your occasions should not permit you
J. why have you not witnesses here to prove it Ireland We could have had them if we had time L. C. J. I see what you ask now you would have time and the Jury are ready to goe togather about their Verdict Ireland Why we desire but a little time to make out our proof L. C. J. Onely you must tye up the Jury and they must neither eat nor drink till they give in a verdict Ireland Then we must confess there is no Justice for Inoce●●ce L. C. J. Well if you have any more to say say it Ireland my Lord I have produced witnesses that prove what I have said L. C. J. I le tell you what you have prov'd you have produced your sister and your mother and the servant of Southcott they say you went out the third of August and he gives an accompt that you came to St. Albans on the fifth and then there is another gentleman Mr. Gifford who sayes he saw you at Wolverhampton till about a week in September Mr. Oates hath gain said him in that so you have one witness against Mr. Oates for tha●● Circumstance it cann●●t be true what Mr. Oates sayes if you were there all that time and i●● cannot be true what Mr Gifford sayes if you were in London then And against your two witnesses and the Coachm●●n there are three witnesses that swear the contrary Mr. Oates Mr. Bedlow and the maid so that if she and the other two be to be believed here are 3 upon Oath against your three upon bare affirmation Ireland I doe desire time that we may bring in more witnesses L. C. J. come you are better prepared then you seem to be call whom you have to call can you prove that against Mr. Oates which you speak of If you can call your witnesse●● on Gods name but only to aspers●● tho it be the way of your Church it shall no●● be the way of Tryal amongst us We know you can call Hereticks and ill names fa●● enough Ireland That Hi●●sley that he names can prove if he were here that Mr. Oates was all th●● while at St. Omers L. C. J. Will you have any more Witnesses called ●●f you will do it and don't let u●● spend the time of the Court thus Grove Here is Mrs. York that is my sister will your Lordship please to ask her whethe●● she see that Gentleman at my house L. C. J. What say you Mistriss York No my Lord not I Mr. J. At. Nor I neither might not he be there for all that Mr Oates To satisfie the Court my Lord I was in another habit and went by anothe●● name L. C. J Lo●●k you he did as you all do disguise your selves Ireland Though we have no more witnesses yet we have witnesses that there are mor●● witnesses L. C. J. I know your way of arguing is that is very pretty you have witnesses that can prove you have witnesses and th●●se witnesses can prove you have more witnesses and so in Infinitum And thus you a●●gue in every thing you do Ireland we can go no further than we can go and can give no answer to what we did not know would be proved against us L. C. J. Then look you Gentlemen A. Ireland my Lord Sir Denny Ashburnham promised to be here to testifie what he can say concerning Mr. Oates L. C. J. Call him Cryer Sir Denny Ashurnham Here he is my Lord L. C. J. Sir Denny what can you say concerning Mr. Oates Sir D. Ashburnham my Lord I received a letter this morning which I transmitted to ●●r Attorny and this letter was only to send to me a copy of an Indictment against Mr. ●●ates of perjury I did send it accordingly with my letter to Mr. Attorney He hath seen the letter what the Town says to me in i●● Mr. At. G. I have seen it there is nothing in it L. C. J. Do you know any thing of your own knowledg Sir D. Ashburnham I do know Mr. Oates and have known him a great while I have known him from his Cradle and I do know that when he was a child he was not a person of that credit that we could depend upon what he said L. C. J. What signifies that Sir D. Ashburnham will you please to hear me out my Lord I have been also solicited ●●y some of the Prisoners who sent to me hoping I could say something that would help them in this matter Particularly last night one Mrs Ireland sister to the Prisoner at the Bar a Gentlewoman I never saw before in my life she came to me was pressing me hard that I would appear here voluntarily to give evidence for the Prisoner I told her no I would not by any means in the world nor could I say any thing as I thought that could advantage them for I told her though perhaps upon my knowledg of Mr. Oates in his youth had this discovery come only upon Mr. Oates testimony I might have had some little doubt of it but it was so carroborated with other circumstances that had convinced me I would not speak any thing against the Kings witnesses when I my self was satisfied with the truth ●● the thing And I do think truly that nothing can be said against Mr. Oates to take ●●f his credibility but what I transmitted to Mr. Attorny I had from the town of Hastings for which I serve L. Ch. Just What was in that Indictment Sir D. Ashburnham It is set forth that he did swear the Peace against a man and at his taking his Oath did say there were some witnesses that would evidence such a point of fact which when they came would not testifie so much and so was forsworn L. Ch. Just What was done upon that Indictment Sir D. Ashburnham They did not proceed upon it but here is the letter and the copy of the Indictment Mr Serj. Baldwine My Lord we desire it may be read and see what it is Mr. Attor Gen. It is onely a Certificate pray let it be read L. Ch. Just I Do not think it Authentick Evidence Mr Ator Gen. But if I consent to it it may be read L. Ch. Just If you will read it for the prisoners you may you shan't read it against them If there be any strain it shall be in favour of the prisoners and not against them Mr. Ator Gen. It is nothing against the Prisoners nor for them but however if your Lordship be not satisfied it should be read l●●t it alone L. C. J. Truly I do not think it is sufficient Evidence or fit to be read A Ireland I went to another one Colonel Shakesby who was sick and could not come but could have ●…st●●d much mo●● L. C. J. Have you any other Witn●●sses Ireland I have none nor I have not time to bring them in L. C. J. If you have none what time could have brought them in But you have called a Gentleman that does come in and truly