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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

Mr. Harcourt Mr. Dugdale I have received several Pacquets of Letters from several persons beyond Seas which were by his instruction communicated by Mr. Grove to Mr. Ewers which Letters did contain Treason in them for the introducing of Popery and killing and destroying the King Lord Chief Just How can you tell that Mr. Dugdale Mr. Harcourt hath given it under his own hand and I have intercepted the Letters and read them Lord Chief Justice You were acquainted with the hand Mr. Dugdal● 〈◊〉 my Lord. Lord Chief 〈◊〉 〈◊〉 read the Letters then Mr. Dugdale Yes my Lord I did Lord Chief Justice How many Letters have you intercepted have you interepted Twenty Mr. Dugdale Yes 100 my Lord Mr. Harcourt was the first that gave intelligence into the Countrey as I know of of the death of Sir Edmondbury Godfrey Sir Cr. Levins Tell when it was given and how Mr. Dugd. I have made it out already upon Oath and I have Witnesses to prove it Sir Cr. Levins Pray Sir tell it now Mr. Dugdale It was directed to Mr. Ewers and it was three days before he was found for it was received on the monday and he as it is proved was killed on the Saturday The words were these This very night Sir Edmondbury Godfrey is dispatched And I very much rejected Mr. Ewers for this Action and then told him This will overthrow the Design or I will be hanged Lord Chief Just What day did you receive the Letter Mr. Dugdale I have proved I received it on a monday Lord Chief Just But pray what date did it bear Mr. Dugdale That Letter must come by Saturday Post for it said This night Sir Edmondbury Godfrey is dispatched Lord Chief Just He did not name any body by whom Mr. Dugdale No but it said he was killed and we knew by whom Mr. Justice Pemberton And are you sure that was Mr. Harcourts letter Mr. Dugdale Yes for he did usually sign his letters with two letters W. H. which stood either for Harcourt or Harrison Mr. Belwood Did you acquaint any body with this or did you conceal it Mr. Dugdale I did go to an Alehouse that is hard by my Lords the next day which was Tuesday and there I asked if they did not hear some news of a Knights being kill'd at London And I have an Evidence here if your Lordship please I will call him who I desire may testifie the same thing Lord Chief Just Yes by all means Sir Cr. Levins Mr. Dugdale Pray will you give us some more account of the letter that came from Mr. Whitebread to Mr. Ewers Mr. Dugdale I remember one particularly but I cannot tell what number I have seen Sir Cr. Levins Did you see more than that one Mr. Dugdale I particularly remember that Lord Chief Justice What was that one particularly Harcourt My Lord I desire to ask him one Question When was the last time that you received any letters from me Mr. Dugdale The last I received from you to my best remembrance was that about Sir Edmondbury Godfrey and it was in October Harcourt I have not writ to that person this year and half Lord Chief Justice Let that man be called that proves this business of the death of Sir Edmondbury and the talk of it Mr. Dugdale mr Harcourt you know very well that when Mr. Ireland was last in the Country last year you were to send him the Answers that came by letters from Saint Omers and those were sent down to my Lord Astons and I saw them eight of those letters I am sure And I can prove it by one circumstance two of them came relating to Mr. Edward Astons death from Paris I intercepted them and talking of it that I could conjure and tell of the death of Mr. Edward Aston before any of his Friends knew of it And Mr. Ireland writ a chiding letter about it that he had not heard it sooner and you sent down word That you did write those letters and ye● you say you have not written to me of a Twelvemonth or more Harcourt This Gentleman does pretend to know my hand and 't is true I have writ several letters for Mr. Ewers and directed to him but as to this time he speaks of I have left off writing for divers years He pretends to know me and yet this Gentleman before the Committee of Commons in Parliament which was yesterday was 5 weeks as well as he knew my hand came and said I was a Gentleman he did not know He came also to entrap me at the Gatehouse before those Gentlemen of the Committee of the House of Commons but because he said he knew my hand so very well and testifie those expressions in the letter I must say this I never did write any such letter nor did I ever in my life seem to approve of any mans death or murder But the thing is this he pretends to know my hand and to prove it the Gentlemen desired me to write my own hand and my name and he in the mean time did withdraw and three of them did write their names afterwards they called him in again and asked him which was Harcourts hand he was not able to say which it was Lord Chief Just You write more hands as well as have more names and can counterfeit your hands as well as change your names Mr. Justice Pemberton You speak before your time and your bare word goes for nothing Lord Chief Justice But Mr. Dugdale where is your Witness Harcourt I don't know any thing of this Lord Chief Justice But if he calls up a Witness of whom you can have no suspicion that can testifie that at this time Mr. Dugdale spoke about the death of Sir Edmondbury Godfrey What will you say to that Harcourt I believe there is no such thing at all ●ir Cr. Levins My Lord here is Mr Chetwin pray swear him Which was done L. C. J. Mr. Chetwin Do you remember that Mr. Dugdale came to you any time last ●ummer and what time and what discourse had you Mr. Chetwin My Lord if your Lordship please I was most part of the Summer in the Country I came into Staffordshire about the 29th of August My Lord there is a Gentleman one Mr. Sanbidge that is a Kinsman of my Lord Astons that was very well acquainted with the Family where I was which was half a mile off my Lords and used to come and play with me at Tables My Lord at that very time in October he came to me and there says he Do you hear nothing of a Justice of Peace in Westminster where you live that is killed or to that effect No said I and I had Letters yesterday and heard nothing of if Saith he I was this morning at Elds and there a Girl of the House told me Mr. Dugdale had been there and reported that there was a Justice of Peace of Westminster was killed but who he should be I never heard named and on Saturday

whoever comes against a man for his life I suppose he is to be looked upon not only by the Prisoner but also by the Jury and the Court that he ought to be Probus Testis and a man fit to be admitted to be a Witness Now I have something to offer That Mr. Oates is not any such person Your Lordship was pleased to say That he was the person who proved the Design mentioned in the Letter that was read Now I hope your Lordship will give me leave and I hope I may do it without offence to this Court to say that he is perjured in what he says Lord Chief Just You mean that his Evidence is false you may do it if you can Whitebread He says he came over hither and was here present the 24th of April with me and that I did appoint him to do such and such things and discovered the whole business to him Now I desire your Lordship would be pleased to consider whether this were probable and whether I had not been a very much mistaken man all this while to trust a man with such a business and whether I ought not rather to be sent to Bedlam than Newgate for trusting such a man as he whom by his own confession I never saw till that time 'T is not rational that a man would trust him and then my Lord that this business should be discovered to him a man that depended wholly upon us to live and had no livelihood but what he had from us who maintained him at St. Omers long as well as the best man in the house Lord Chief Just Did you do it Whitebread Yes my Lord I did Lord Chief Just You should consider how in that you answer your self Whitebread I that is when I came to the Office and I and my Predecessors When I was Superiour I found him not a fit man for that purpose and design he pretended to He was very zealous to be entertained amongst us and therefore I desired him to absent himself Lord Chief Just Why was he not fit to be employed among you Whitebread For several reasons of our own First of all it was doubtful whether he was a good Catholick for he had oftentimes maintained several Propositions that were not soundly Catholick and then secondly he led a very idle life and he was not found a man we were obliged to accept of and therefore we desired him to retire And to that purpose we furnished him gave him a good Suit of Cloaths and a Perriwig and four pounds in his purse and he promised me to pay me again when he had sold his Library which he said he had a very good one in London but he never did But that I should be so strangely overseen and mad as at the first sight of such a man a● this to trust him with such a great intrigue as this was and to write in such a plain strange manner and send by Post to Mr. Dugdale as your Lordship did and justly might wonder at had been a madness It was much that any man would write so plain of such a thing But then my Lord the chief thing is this That I hope your Lordship will give us leave to produce our Witnesses to prove that he was not from Saint Omers from the tenth of December till the 23d of June following and never lay out of the House but one night from December till June Lord Chief Just Name your Witnesses Whitebread I desire first Mr. Hilsly may be called Lord Chief Just Call him but I 'll tell you what is strange You say it is wonderful that you should trust a man you had so little Opinion of his Abilities or Fidelity but I wonder that you should maintain him after that Whitebread No my Lord we did not Lord Chief Just You say you did Whitebread No my Lord he pretends he was here in England sent over by us but we will prove he was not Lord Chief Just But you maintained him abroad Whitebread That was before Lord Chief Just Is it so great a wonder that you should take into your Confidence and Consultation that man whom for a considerable time before you had maintained abroad Whitebread But my Lord I suppose there is some difference between charitable acts to a man in want and a Scholar and trusting him with such an intrigue as this Fenw Pray my Lord be pleased to take notice that this mans Evidence all along is that he saw such and such letters from such and such persons They have no Evidence but just that they saw such and such letters and how is it possible that a man who was turned away from Saint Omers for his misdemenours that I should shew all my letters Now my Lord I have had a thousand letters taken from me not any of these letters had any thing of Treason in them or soliciting of persons to come into England let the letters be produced and then your Lordship will see what is in them All the Evidence that is given comes but to this there is but saying swearing I defie them all to give one probable Reason to satisfie any reasonable uninteressed man judgment how this could be Lord Chief Baron There can be no reason given why you should sign an instrument to kill the King Lo C. J. You say there is nothing but saying swearing but you do not consider what you say in that matter All the Evidence and all the Testimony in all Tryals is by swearing A man come and swears that he saw such a Bond sealed or heard such words spoken this is saying and swearing but it is that proof that we go by and by which all mens lives and fortunes are to be determined But then say you 't is wonderful that since they say they saw such and such letters they should not produce them why they did not belong to them Ay but then say you 't is strange they should not find one letter in all those numerous papers that were taken that contains any trayterous matter but I say 't is forty times more a wonder that one should be taken than for all the rest to be undiscovered I suppose Mr. Harcourt amongst those Papers that he let be surprised did not think that letter that hath been read to have been of such consequence nor the sence of it to be so bad Fenwick I dreamt no more of my apprehension when I was taken than the day of my death it was so unexpected nor what I should be accused of I had no fear of it no thought of it so that I took nothing out of the way They took five or six thousand pound Bonds and Bills besides letters methinks something of the Effects of those letters might be produced and some of the design appear For God's sake where are the Commissions signed and monies paid Lord Chief Just They talk of a Patent Mr. Whitebread construes it that it is his Commission if so does it lie

in it but my Lord this same Gentleman Mr. Fenwick with Mr. Harcourt did advise Mr. Ashby that as soon as he had been at the Bath he should go and give an account to the people in Sommersetshire and there away his Circuit would be short and very easie and he did not question but before he came up ●o Town again to have the Gentleman at Whitehal dispatch'd whom they called the Black Bastard now I leave that to the Jury to expound whom they meant by it Fenwick What time was that Sir pray you must time things or you do nothing at all Dr. Oates It was the latter end of July or the beginning of August it was about the the time of Ashbys going to the Bath Fenw. Just now he said it was in the beginning or middle of July Dr. Oates I●e tell your Lordship what I said that this Ashby or Thimbleby came from St. Omers with those Orders or instructions either the beginning of July or the middle of July Fenw. I would not interrupt you Mr. Oates this was sometime before Mr. Ashby went to the Bath was it not Dr. Oates It was about a day before L. C. J. He says a thing that is plain enough Ashby came over about the beginning or middle of July with instructions about the Commission and about the latter end of July or beginning of August as he remembers this advice was given Dr. Oates And so we are arrived at the Affairs in August which reflects upon these Gentlemen but now I must speak a word to this Gentleman Mr. Gavan the prisoner at the Bar whom when I saw come into the Lobby he had gotten on a periwig so there was one asked me whether I knew him I know him now but truly then I did not well know him because he was under that mask and I could not say any thing against him then because he being under an ill ●avoured peeriwig and being a man that I knew had a good head of hair of his own I did not well understand the mystery of it and so spared my Evidene at that time from informing the Council against him but the prisoner at the Bar came by the name of Gavan and we used to call him by the name of Father Gavan And this Gentleman did in the month of June write Letters Gavan What year Dr. Oates In the year 1678. and did give the Fathers at London an account how affairs stood in Staffordshire and Shropshire and how diligent one father Evers was to manage affairs in those countries Gavan From whence were those Letters sent Dr. Oates There was only the day of the month you know it is not the custome to date the place When I saw the Letter first I did not know it was his hand I took it upon report but I will tell the Jury by and by how I came to know it was his hand as near as I can remember it was in the month of July it was July or August this Gentleman came to Town and I saw this Gentleman at Mr. Irelands chamber Gavan What time of the month Dr. Oates It was in July 1678 as near as I can guess Gavan Upon my Salvation I am as innocent as a child unborn Lord Ch. Just North. By this means you may put out any Witness in the world by interupting them When the Witness hath done his Testimony you may ask him any Questions to ascertain the time or any thing but you must not interrupt him till he hath done Dr. Oates In the latter part of July I think it was but it was as I remember while Mr. Ashby was in town I met him at Mr. Irelands chamber for he was a saying he would go see Father Ashby before he went out of Town and he gave such an account to Father Ireland of the affairs in Staffordshire Shropshire as he had given in the Letter before but to prove his hand he did draw a Bill upon one Sir William Andrews in Essex for the payment of some money of some little sucking Priests that were stroleing up and down the country I saw him write it and it was the same hand with that Letter Gavan What did I write L C. J. You drew a Bill upon such a person and he names him Dr. Oates We are now come to August L. C. J. But you say he discoursed about the same things with Ireland that he had wrote in the Letter Dr. Oates Ye● my Lord. Gavan And what were those same things Dr. Oates Why how the Affairs stood in Staffordshire and Shropshire how my Lord Stafford was very diligent I desire to be excused as to that because it will diminish my Evidence in another part of it I le tell you part of what was then discoursed of Gavan My Lord he is sworn to speak all the truth L. C. J You must speak the whole truth as far as it concerns any of these perons Dr. Oates He gave an account how prosperous things were in those countrys and did say that there was at least two or three thousand pounds that would be ready in that country for the carrying on the Design I think it was three but it was betwixt two and three Now my Lord we are arrived to our business in August about the 12 th of August as near as I remember but it was between the 8 th and the 12 th therein I am positive Ireland which is executed took his leave of us as if he were to go to St. Omers L. C. J. Where did he take his leave Dr. Oates At his chamber in Russel-street Ireland went out of Town and Fenwick by that means was to be Treasurer and Procurator to the Society altogether He had that employ afterward upon him during his absence let Mr. Ireland go whither he would And the 21. of Aug. which as near as I remember fell upon a Wednesday Mr. Fenwick and Mr. Harcourt were met together at Wildhouse and some other Fathers as Father Kaines and one Father Blundell and some other Fathers whom I cannot remember Gavan Was I there pray Sir Dr. Oates No no Sir I am not to talk to you still I am to speak to the Court. Lord Ch. Just North. We would recommend this to you to name persons when you speak of them Dr. Oates Where I have occasion I will name them my Lord. Mr. Fenwick and Harcourt were together at Wildhouse and Mr. Kaines and Mr. Blundell and as near as I remember Mr. Langworth was there but I wont be positive And there lay before them at Wildhouse Fourscore pounds the most of that money was Guineys which was to be paid to the four Irish Russians that were to murther the King at Windsor After it was agreed that they should do it and Coleman who was executed came thither and gave the messenger a Guiney to expedite the journey We drew off from Wildhouse and went to Master Harcourts chamber and because Master Harcourt had there left his

papers that were to be sent down to Windsor there he paid the messenger the money And that Gentleman was present there Mr. Fenwick and this is another part of August's business No sooner was this messenger dispatch'd but within a day after or a day before but it was a day after as near as I can remember there was a Consult held at the Benedictines Convent at which Mr. Fenwick was present and Mr. Harcourt and there they had some more Irish news from the Irish Archbishop Talbot who did give an account of the Irish affairs how they did conspire the death of the Duke of Ormond and desired to know how affairs went in England and desired some Commissions might be sent over to some particular persons there to raise Forces for the carrying on of the Design and some money to be transmitted to them And Mr. Fenwick did bring the Commissions from Wildhouse as near as I remember but he did bring them with him and sent them down by a special messenger to Chester and some Letters by the Post That of the Post I know of my own knowledge but that of the special messenger I had only from his own mouth My Lord from the 24 th of August as near as I remember it fell of a Saturday Bartholomew day it was but whether it fell of a Saturday I cannot be positive but if the Court please to inform themselves of it by their Almanacks they may L. C. J. There is no great matter in that I suppose Dr. Oates But this Gentleman Mr. Fenwick did deliver me some money for my necessary incident charges but did admonish me to procure some Masses to be said for a prosperous success upon the Design Upon the 25 th day I saw Mr. Fenwick in the afternoon at his chamber and he was to go on the 26 th day the next day to St. Omers and to carry 8 or 10 Students to go there to study Humanity and this is the account I have to give to Mr. Fenwick For after I took my leave of him here I saw him no more till he was apprehended L. C. J. This was about the 26 th of August was it not Dr. Oates Yes my Lord it was the 26th of August L. C. J. Well go on Sir Dr. Oates The 1st or 2 d. of September we received a Letter in the beginning it was from Mr. Whitebread and this Letter they did say was a Foreign Letter and yet it paid but 2 pence by which I did conclude that Mr. Whitebread was come into England and lay some where privately or was not yet come to Town On the third of September I went to Mr. Whitebreads chamber at night but he being at supper was not to be spoken with but when he saw me the next morning he did revile me and strike me and asked me with what face I could look upon him seeing I had dealt so treacherously with them Now after that I had inquired in what respect he answered in the discovering of the business for there was a Gentleman that went to the King in this Business to whom I had communicated much of my Information by Dr. Tongue This Gentleman had the same coloured cloaths that I had and so they not being able to give an account of the Name of the person gave only an account of the Habit he was in and therefore they charged me with it After I had justified my self as well as I could Mr. Whiebread did shew me a Letter which came from one Beddingfield alias Benningfield which did shew the Plot was discovered and they were like to be undone if it had not been for the five Letters that were sent down to Windsor and intercepted which made all to be looked upon as counterfeit after that I justified my self as well as I could He told me he would be friends with me provided I would give an account of the party and of the Minister that went with him And this is what I have to say against Mr. Whitebread and the prisoners at the Bar but only this because Sir George Wakeman did not accept of 10000 l. that was proposed to him to poyson the King this Gentleman offered that 5000 l. more should be added L. C. J. Which Gentleman Dr. Oates Mr. Whitebread And 15000 l. was accepted and when it was accepted Whitebread did greatly rejoyce that the money was accepted to poyson the King Whitebread Did I tell you so Dr. Oates No there was a Letter told me so but you were in Flanders then Sir Cr. Levins What have you to say against Mr. Turner Dr. Oates I speak as to his being at the Consult in April and signing the Resolve of the Death of the King L. C. J. Was Mr. Gavan at that Consult the 24 th of April Dr. Oates Mr. Gavan was summoned to that Consult but among 40 men I cannot particularly say he was there but I saw his Name signed as to the Kings death but I cannot say I saw his person L. C. J. Can you say you saw his Hand writing Dr. Oates I do believe it was his L C. J. Did you ever see any writing of his but when he signed the Bill of Exchange Dr. Oats My Lord I never saw him write but that time It was an ill Pen as it seemed that he writ his Name wi●h to the consult and I did not take so particular Notice of the being of his Name there till we saw the Instructions in July and then I did look over the consult particularly L. C. J But I say did you ever see his Hand Writing before he writ the Bill Dr. Oates My Lord I never saw his hand but that time L. C. J. And that by your comparing was like the hand of the Letter about Staffordshire Dr. Oates By that I prove the Letter to be written from him It was like it and was all as one L. C. J. Was it like the Hand that was to the consult Dr. Oates That I cannot say L. C. J. I thought you had said he confess'd the contents of the Letter when he came out of Staffordshire Dr. Oates I do say this of Mr. Gavan that he wrote such a Letter and when he came to Town he did give an accompt of all the passages that the Letter did contain which was concerning the raising of Mony in Staffordshire and the parts he was concerned in and this was the Accompt he gave L. C J. Dr. Oates you positively say that Whitebread Fenwick and Harcourt were there Dr. Oates Yes my Lord for Mr. Whitebread was Provincial and Presidential of the Assembly Sir Cr. Levinz And Turner was there Dr. Oates Yes he was Sir Cr Levinz Dr. Oates what was that Mony rais'd for Dr. Oates They said it was for the carrying on of the design L. C. J. And what Design was that Dr. Oates Our design And that was the Subversion of the Government and destruction of the King L. C. J. Now if you please you may aske him

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

any other particular time Dr. Oates And there are more of them then in the Court of Requests and in the Lobies bare-faced and threatning the Protestants than at any other time M. Bedloe We used to fetch them against the Parliament always they were in less danger then than at other times L C. J. You could give a very good interpration of the Letter I supposed that Mr. Dugdale speaks of that came from Whitebread That he should be sure to entertaine such as were hardy stout Fellows I suppose you can make all this to signifie nothing more than a design for a Game at Cudgels Sir Cr Levins If your Lordship please we must desire that one Letter more may be read Your Lordship hath been told of Commissions for the raising of an Army here is a touch of them mentioned in this letter found amongst Mr. Harcourt's letters too L. C. J. Look you Mr. Harcourt you had best attend here is another letter found amongst your papers concerning some Commissions You look ill to your letters you are to blame indeed Mr. Harcourt Sir Cr. Levins Pray Sir Thomas Doleman look upon that Paper and tell us how you came by it Sir Thomas Doleman This letter in my hand I found amongst Mr. Harcourt's papers about some two days after I found that other that was read before Having heard Mr. Oates give in his information to the Council That there were several Commissions given out to several persons and finding some doubtful clauses and Expressions in the letter I did present this letter to the Council and made a mark upon it Enquire what is ment by the word Patents Lord Chief Just Pray let it be read because we shall desire a little more of their interpretation Cl. of Cr. It is signed Christopher Anderton ' Hilton Feburary the 5th 1677 8. Dr. Oates Hilton that is Rome Lord Chief Just Mr. Harcourt you understand that by Hilton is ment Rome Harcourt Yes my Lord I do L. C. J. Well then go on and read it Cl of Cr Worthy Sir I know not from whence it proceeds but I perceive that both your Letters and mine have bad fortune by the way for my corrospondents with you complain they hear not from me whereas I write constantly intire Pacquets and since the Bills I received from your self for Sr. William Goring and for Mr. Ireland from Mr. Shelly I have not had one letter but that I received this week which in part made recompence for the former for it brought me three of yours and one of Mr. Ireland 's for which I render you many humble thanks and acknowledge the fifteen pounds from my Lord Castlemain though Mr. Ireland made no mention of it in his We are all here very glad of the promotion of Mr. Tho. Harcourt When I writ that the Patents were sent although I guess for whom they were yet I knew not for certain because our Patrons do not use to discover things or resolutions till they know they have effect And therefore in these kind of matters I dare not be too hasty left some might say A Fools Bolt is soon shot Lord Chief Just What is the meaning of these Patents Fenwick This Gentleman will tell you my Lord. Whitebread My Lord they were the Patent for my being Provincial Lord Chief Just How many Patents had you Whitebread But one my Lord. Lord Chief Just Is that Patents Whitebread Literae Patentes Lord Chief Just Is it Patent or Patents Clerk of Cr. Patents Lord Chief Just Read those words again Clerk of Ca. We are all here very glad at the promotion of Mr. Tho. Harcourt when I writ that the Patents were sent although I guess for whom they were yet I knew not for certain because our Patrons do not to discover things or Resolutions till they know they have effect Lord Chief Just Now you have not interpreted well this neither Sir Cr. Levins It is said I knew not for certain who they were for but to make it clear I would desire Mr. Whitebread to answer me one Question how long is it Sir since you were made Provincial Whitebread The 14th of January was twelve-month Sir Cr. Levins And this was dated the 5th of February which was after your Commission Whitbread That may be and they not know till then Lord Ch Just And so you expound those latter words of the Letter That the Resolution of making you Provincial was not discovered till the effect was known Whitebread Because it is not known whether the person that is nominated might not be excepted against and it is Literae Patentes Lord Chief Just But here is but one person to answer the word Patents and there should be more than one man Whiteb. Every Patent is called Literae Patentes though it be but for one person Mr. Recorder They were in great doubt that you would refuse the place I warrant Dr. Oats He is bound in pain of Damnation not to disobey his Superiours if they chuse him to a place he must take it upon him Whitebread It is not the first second or hundredth time that one hath been appointed by the Superiour to a place and hath refused it and if I had known the hundredth part of what I do now of the trouble of the place I would never have accepted it Mr. Recorder Ay if you had known the difficulty of this Design you would never have ingaged in it especially if you had known what is come to pass Whitebread No Sir I never had a hand in any such thing in all my life this is coram Deo that I now speak and as I am to appear before the great Tribunal at the day of Judgment I know nothing of all this matter Dr. Oats My Lord these Patents of which this Letter makes mention a great many of them came down in the months of April and May before Lord Chief Just Methinks he interprets them plainer than you do Lord Chief Baron Now what have you to say every one of you for your selves make your defence Lord Chief Just Mr. Whitebread do you begin Dr. Oates While the Prisoners Evidence is calling in I desire that my Witnesses may be sworn Mr. Just Pemberton Mr. Oats be quiet there is no need of it yet till they have made their defence Lord Chief Just But send for them that they may be ready Whitebread My Lord that which I have to say for my self is this I thank God my Lord I am not afraid of death but I should be very loth to die unjustly and I hope your Lordship will consider that every mans blood is dear to him and is concerned for his own life to preserve it he ought to be allowed liberty and freedom to preserve himself as much as he can Life is a thing not to be thrown away but charily to be lookt after and that there is such a thing as taking away mens lives by Perjury as well as by a Knife or Pistol is without contradiction Now

this and carry this away with you as to the business of Ireland between the eighth and twelfth of August how many do swear that he was in Staffordshire I desire you but to compare that one Woman that only saw him and made a Curtesie to him as she says with those sixteen Witnesses that conversed with him daily Then as for the second Testimony of the St. Omers Witnesses which you see is thwarted by some that do swear in the Kings name to the contrary Still I desire you to compare number with number the others though they do not swear are ready to swear and there are only 3 or 4 against 16 of them and there is an evident contradiction in what they say and that proved out of his own mouth for he says he came over the twentieth of April with Mr. Hilsley and stay'd only six days they say he was here in May and I desire these may be compared for how could it be that he should be here in May if he staid but six days And then to make your Verdict and take their Credit away I would desire you to consider those Witnesses that I have brought for my self not being here but in Wolverhampton for being in Stafford-shire as long as till the last week of July it must fall within the time of his Testimony I have brought Witnesses to prove upon Oath that from the twenty second upward they saw me in Wolverhampton and they do remember the particular instance that I was then at my spiritual exercise and this is that I have to say as to Mr. Oates As for Mr. Dugdale I would desire you to reflect upon the whole story of his coming to discover this Plot and his being an Informer about it The truth is I confess I have known him five or six years whilst he lived at my Lord Astons and I have divers times discoursed with him there in Mr. Ewers Chamber but as I hope to be saved never any thing of Treason in all my life Now 't is well known and there are those that can testifie it that in truth Dugdale run away from my Lord Astons after he had lost three hundred pound of my Lords mony Lord Chief Just If you can say any thing against Mr. Dugdale by Witnesses that you can prove it then you say well but if you will tell a story out of one Lords mouth and another Lords mouth that is never to be indured you shall never take away a mans Testimony by hearsay you must prove it Gaven 'T is well known if I prove Dugdale no credible Witness I play my own game You know I have been a Prisoner 20 weeks and could not seek out Witnesses I asked it as soon as I knew of my Tryal but it was denied me to send for Witness to prove that Dugdale was in Goal for Debt If I had the Recorders Warrant or the Authority of this Bench I could send for them L. C. J. You must not fall upon Persons without Evidence if you have Witnesses to prove any thing whom the Jury will believe call them Gav I do assure your Lordship as I hope to see the face of God I am innocent of what is charged upon me And God bless the King and this Honourable Court. Lord Chief Just Though you do a hundred times bless the King and Court and all you must prove things if you will be believed What say you Master Whitebread Whitebread My Lord I have but one thing to say and 't is but a word your Lordship was pleased to make an Observation and a good one it was a Letter which Mr. Dugdale says was written by me to Mr. Ewers which he says he intercepted he was in the mean time a trusty correspondent for his Friend In that Letter he swears there was expresly contained positive words of entertaining persons to kill the King that only such as were hardy desperate and stout but as your Lordship well observed that it was an improbable thing that a man who had his Wits about him should write such plain expressions about such a matter and upon that improbability I leave it to the Jury Mr. Just Pemberton Have you any thing to say Mr. Fenwick Fenwick I desire my Lord your Lordship and the Jury to consider and observe the nature both of our Witnesses and of them that are brought against us The one speak for the whole time that they saw him every day or every other day they daily conversed with him and eat and drank with him in the same house the others they say only they saw him one particular day another another and one of them sayes he saw him but in a disguise Now my Lord whether it be likely that so many innocent Children brought up in a good virtuous life should come here to forswear themselves to contradict people that we know not what they are and then besides we know that these people are of a poor mean beggarly condition that intend to mend that condition by such a pretence of discovery and hope thereby to advance themselves It is probable such people might be drawn in Then also we shall prove that Sir John Warner did not come over with him nor Mr. Williams nor Sir Thomas Preston Then all his Witness as to them is false and he does not say he went back with these people and this for the Witnesses Now suppose the Witnesses were all equal what does he prove against us Three Or what reason doth he give of his Evidence He says he saw such and such Letters from Mr. Whitebread Now is it possible that a man that had no credit at all with us that we should be such fools to trust him with such Letters as those then your Lordships must hang us twice once for Fools and then for Knaves Or is it possible that we should be such egregious Fools that we should trust a man that was never esteemed of was expelled the Colledge And for all his talk of Commissions and Letters there is not one of those found let him shew any one Commission any money paid or any Order brought in or any Arms that were found there are three quarters of a year now passed since the first discovery certainly all this time could produce something Thousands of Letters have been taken from us some of those Letters would have discovered this thing certainly therefore we have better Evidence than he hath supposing them to be equal as to Credibility in their Original Is it credible we should be so great Rogues to contrive the Kings Death though he speaks of the Writing being carried from Chamber to Chamber concerning this matter he can never produce one Paper signed by any one mans hand nor can he produce any thing to attest his Testimony I leave this to your Lordships judgment whether this Evidence be good there is nothing appears in so much time of any effect that is produced Where were the Armies Where were the monies paid

those months notwithstanding the 16 Witnesses who say they saw him every day beyond Sea in April and May Their other Evidence about his coming over with Preston and Warner will have no great weight because the other is the great matter by which they make the substance of their defence I am glad indeed to see a Gentleman here whose Face I never saw before and that is Mr. Dugdale Upon my word he hath escaped well for I find little said against him very little either as to the matter or the manner of his Evidence They would have made reflection on him for his Poverty but I hope that they whose Religion is to vow Poverty will never insist on that for any great Objection against any L. C. J. North Your Lordship hath forgot that he said he gave away Three or four Hundred Pounds to them L. C. J. But I will Challenge all the Papists in England to satisfy any Man that hears me this day of one piece of Evidence which will turn every Protestants heart against the Papists If so be they murdered Sir Edmundbury Godfrey the Plot even by that is in a great measure proved upon them by that base murder And what can be a plainer proof of it than the Evidence of this day which Mr. Dugdale produces We had notice saith he on Monday night that on the Saturday before it Sir Edmundbury Godfrey was kill'd which falls out to be that very Saturday he was first missing which notice was given in a Letter writ by Harcourt to Evers another Priest that same Saturday night wherein were these words This night Sir Edmundbury Godfrey is dispatched and I am sure if this be true then no man can say but they murdered him Whitebread It is not alleadged against any of Us. Lord Chief Just It is an Evidence of the Plot in general and to Harcourt in parcular Harcourt He never shews the Letter that he says I writ L. C. J. He says that he used to peruse the letters and that Evers had this again after he had perused it He says also he has received at times a hundred letters from you and this among the rest Now the Question is whether it be true or no To make it out he produces Mr. Chetwnyd whom I hope you wll not deny to be a Gentleman of one of the best Family of his Country and of honest Reputation who says that on the Tuesday following that Saturday Sir Edmund-bury-Godfrey was mist he and another were talking together in Staffordshir and that the other person asked him if he knew of the death of any Justice of the Peace at Westminster and when he told him he had heard of no such thing No said he that is strange you living sometimes about Westminster for said he the Wench at the Ale-house saye That this morning Mr. Dugdale said to two other Gentlemen there was a Justice of Peace of Westminster Kill'd and Mr. Dugdale swears that was Sir Edmundbury Godfry Now if Dugdale be fi● to be believed that he saw such a Letter as he must be it he be not a very great Prophet to be able to foretell this Or if the Maid that said this did not invent it A thing then impossible to be done Or Mr Chetwynd feigned that he heard the man make his Report from the maid This thing could not come to pass but by these men Nay if Mr. Dugdale could not do as great a Miracle as any are in the Popish Legends how could he tell that it was done on the same Night when it was done at London Or speak of i● on the Munday-night after when it was not known in London till the Thursday following This will stick I assure you Sirs upon all your party For my own part this Evidence of Mr. Dugdales gives me the greatest satisfaction of any thing in the world in this matter and whilst we rest satisfied in the murder of that Man and are morally certain you must do it knowing of what Principles you are you cannot blame us if upon such manifest Reasons we lay it upon you And this is Occasional Evidence which I for my part never heard before this day nor can I ever be more or better satisfied than I am upon this point viz. The Testimony that I have received this Afternoon concerning the Murder of Sir Edmundbury Godfrey As to the Defence they have made they are Exceptions in point of time but do not affect Mr. Dugdale for they have hardly the confidence to deny the Things he sayes to be true against them They fall foul indeed upon Mr. Oates he appears to have been their Agent and whilst so bad enough But if he had not had a mind to have become a good man he would not likely have done us that Good that he hath done in discovering the design you had engaged him in Let any man Judge by your Principles and Practices what you would not do for the promoting of the same For while this Gentlemans Blood lies upon you and some have been Executed for it it must be yet farther told you that in what you Did do you have given us a specimen of what you Would do We have a Testimony that for promoting your Cause you would not stick at the Protestants Blood You began with Sir Edmundbury Godfrey but who knows where you would have made an End It was this one Man you Kill'd in his Person but in Effigie the Whole Nation It was in one mans Blood your Hand are Embrewed but your Souls were Dipt in the Blood of us all This was a Handsel only of what was to follow and so long as we are convinced you Kill'd him we cannot but believe you would also Kill the King We cannot but believe you would make all of Us away that stand in the way of your Religion A Religion which ac● 〈…〉 you would bring in upon us by a Conversion of us with Blood and by a Baptism with Fire God keep our Land from the one and our City from the other To return The Letter that is found in Harcourts Papers does further confirm Mr. Oates in all the great and considerable Matters that he sayes That there was a Plot That that Plot was called by the name of a Design which was to be kept Close and Secret And this is an Evidence that cannot Lye For that Letter will never be got off no more than the other Letter that Mr. Dugdale speaks of about Sir Edmundbury Godfrey And thus I leave it to you Gentlemen You have heard how many VVitnesses they have had for them about Twenty-Four or Twenty-Five of one sort or another You have heard what they apply their Testimony unto to Convict Mr. Oates of Falshood in matter of Time which was their principal Defence That he was not here in April and May and that he came not over with Sir Thomas Preston and Sir John Warner and that Ireland was not here all August You have heard what VVitnesses Oates is back'd withal as to the time of his being here and the Maid says she saw Ireland here in August However though their Defence depends but upon a point of Time I must tell you it ought to be well considered for 't is indeed very considerable towards their Defence and God forbid but we should be equal to all men And so I have Remembred as well as I can in this long and perplexed Evidence that which seems to me most material as to their Charge or Discharge and that which they have made their greatest Defence by the Youths from St. Omers to disprove Mr. Oates his being here and Mr. Irelands not being in London in August which in Truth is not the proper business of this Day but hath received a former Verdict before for if so be the Jury before had not been satisfied of the Truth of that they could never have found Ireland Guilty So I leave it to you upon the whole matter I can remember nothing besides Go together and consider of your Verdict according to your Evidence L. C. J. North. Gentlemen My Lord hath repeated it so fully to you that I shall not need to add any thing to it Then an Officer was sworn to keep the Jury who withdrew and the Judges also went off from the Bench leaving Mr. Recorder and a competent number of Commissioners there to take the Verdict and about the space of a quarter of an Hour the Jury returned and Answered to their Names and gave in their Verdict thus Clerk of Crown Gentlem●n Are you all Agreed of your Verdict Omnes Yes Cl. of Crown VVho shall say for you Omnes Foreman Cl of the Cr. Thomas White alias Whitebread hold up thy hand You of the Jury look upon the prisoner How say you Is he Guilty of the High Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl of Cr. VVhat Goods or Chattels Foreman None to our Knowledge And so severally of the Rest Which Verdict being Recorded in usual form Mr. Recorder spoke to the Jury thus Mr. Recorder Gentlemen You of the Jury There hath been along Evidence given against the Prisoners at the Bar. They were all Indicted Arrainged fairly Tryed fully Heard for High-Treason depending upon several Circumstances They can none of them pretend to say and I take the liberty to take notice of it for the satisfaction of them and all that are here present and all the world That not a Person among the Prisoners at the Bar were either wanting to themselves to Offer or the Court to them to hear any thing that they could say for themselves But upon a long Evidence a full Discussing the Objections made against it and a Patient Hearing of the Defence they made they are found Guilty And I do think that every honest Man will say That they are unexceptionably found so and that 't is a Just Verdict you have given And then the Prisoners were carryed back to Newgate and the Court Adjourned till Eight next Morning And then Mr. Langhorne was Tryed and found Guilty After which they were all Six brought to the Bar together and received Judgment to be Drawn Hanged and Quartered Which accordingly was done upon the Five Jesuits and Priests on Fryday the Twentieth of June at the Usual Place of Execution FINIS Advertisement Mr. Recorder's Speech before judgment will be published at the End of Mr. Langhorn's Tryal which is now in the Press and will speedily come forth

Grove should Murther the King and that therefore Whitebread and the rest of the Persons Indicted should say a Number of M●sses for the Soul of Pickering And Grove for this piece of service was to have a Sum of Money And the Indictment says further that these persons did take the Sacrament to commit this Treason with more secrecy and that they did likewise Prepare Excite Abet and Counsel Four other unknown Persons to kill the King at Windsor All these Facts are said to be done Advisedly Maliciously Traiterously and Devilishly and against their Allegiance to the King To this they have pleaded Not Guilty if the Kings Evidence prove it you are to find it so And then Sir Creswell Levinz one of the King 's Learned Council in the Law proved the charge thus Sir Cr. Levinz May it please your Lordship and you Gentlemen of the Jury Th●se Prisoners at the 〈◊〉 by Persuasion Papists by Order and D●●●●● th●● are all Priests By the Law of the Land viz By a Statute made the 27th of Eliz. They are all Guilty of Treason for being Priests and they might be Tryed as such and ought todye for it but that is not the Fact that they are Charged with nor will they have the satisfaction to●ay that they suffer for their Religion No they are charged with a Treason of a blacker and darker Nature And tho I must tell you that it is now almost 100 years ago since that Statute was made against Priests coming into England Yet Examples have been very rare that any of this sort of Men have dyed for their Religion within that Queens time or any of her Successors yet they have dyed upon worse accompts and upon such accompts as they are now brought to this Bar for Such is the difference between their Religion and Ours they have been suffered to live here under a Law by which they ought to dye They kill the Protestants by Thousands without Law or Justice witness their Bloody doing at Mirendol Their Massacre as Paris Their Barbarous cruelty in Ireland since the year 1640. And those in Piedmont since 1650. But these are not the crimes they are charged with they are not accused for their Religion but for the blackest and darkest Treason that men can be charged with They are charged with an endeavour to Murder the King under whose protection they lived This murther of the King hath been carried on in the Design of it with all the malice and Resolution that can be from the first time that we can give you an account of it which was the 24th of April 1678. When these persons and several others did first Assemble about other matters of their own and among the rest to Murther the King there they came to Resolution that it should be done and persons were appointed to do it these were Grove and Pickering who have been Executed for it They were to kill the King in St. Jame's Park but it pleased God that the Flint of the Pistol failed to which we are more beholding than to them that he escaped that time They were not satisfiyd with that but they send down Four Butchers to murther him at Windsor who being disappointed they sent down Others after that to Murther him at New-Market and when all these failed they had Recourse to that Treacherous and Vnmanly way of Poysoning him and hired one so to do and they did not only intend to Murther the King but to make it good by force when they had done They intended to raise an Army they had got Commissions to several persons in the Kingdom to command these Forces They designed to raise 50000 men to maintain the Injustice when then they had done it And that was not all they had a recourse to Forreign assistance and depended upon Forreign succours if they were not made good at home Gentlemen they have been disappointed in all these things they had an intention further as I find it in my brief to make a general Massacre of all Protestants here A thing that they have done and we have heard of abroad but thanks be to God we never knew it Experimentally at home And I hope God that hath preserved us hitherto will preserve us still The mercy these Men have met with in being suffered to live under the danger of the Statute by which they might have justly dyed hath not prevailed upon or bettered them at all but been turned into Monstrous Ingratitude and made them more desperate than other people would have been Gentlemen when all this is opened I must tell you if th●se Persons be innocent God forbid they should suffer but if they be Guilty surely they are not fit to live among Men And truly if they be Guilty they do not only deserve to dye but to dye a more Cruel and miserable death then either the mercy of our Prince or the moderation of our Laws hath provided for such Offenders I shall detain you no longer but will call the Witnesses and then you shall Judg whether they be Guilty or not And we begin with Mr. Oates Who was Sworn Sir Cr. Levinz Pray what can you say to these Gentlemen begin with Mr. 〈…〉 Lord Ch. Just Mr. Oates apply your Evidence as distinctly as you can to one Person at first unless where the matter will take in all or more then one of them Dr. Oates My Lord I have Evidence I desire may be called in I shall have occasion to use them Gavan It may be inconvenint He may instruct his Witnesses Lord Ch. Just North. No he shall not for we will take care of that But name your Witnesses Dr. Oates There is Sir Richard Barker Mr. Walter a Minister Mrs. Mayo Philip Page Mr. William Smith and one Mr. Clay Mr. Butler Mrs. Sarah Ives Mr. Just Atkins Take a Note of their Names and send for them Lord Ch. Just Now Mr. Oates go on with your Evidence And when there is occasion to make use of these persons they shall be call'd Dr. Oates The prisoner at the Bar Mr. Whitebread was made constituted Provincial so as it was publickly known to us in the month of December last was 12 month he did Order by Vertue of his Authority one Father George Conyers to preach in the Sodality of the English Seminary on the Holyday which they call St. Thomas of Canterbury i. e. Thomas of Beckets day in which there was Order given that Mr. Conyers should Preach assert this Doctrine That the Oaths of Allegiance and Supremacy were Heretical Antichristian Devillish accordingly this Order was Executted and the Sermon preached Mr. Whitebread in the month of January wrote Letters or at least-wise in the beginning of February I will not be positive as to the time because it does not occur to my memory to St. Omers concerning the State of Ireland of which he had an accompt from Arch-bishop Talbot who wrote him word that there were several Thousands of Irish that were ready

to Rise when the Blow should be given in England Lord Ch. Just was that in Whitebreads's Letter Doctor Oates Yes my Lord and Mr. Whitebread did say He did hope it would not be long ere it was given Now my Lord by the word Blow we did use to understand and had instructions to understand the death and murder of the King and in the month of January I think it was that he sent over two Jesuits into Ireland to see how the state of Affairs stood there in the beginning of April they returned of which we had an account from Mr. Whitebread by Letters wherein there was mention of a Consult to be held in the month of April old Stile and May new Stile according to the Order there given there met at that Consult the Prisoners at the Bar Whitebread Fenwick Harcourt and Turner and if it please your Lordship all these at that Consult did Sign a Resolve Mr Whitebread at his Chamber which was at Wild-house Mr. Fenwick at his Lodgings in Dru●y-lane and Mr. Harcourt who had some at his Chamber in Duke-Street But my Lord I am to premise this before I go any further that the Consult was begun at the Whitehorse Tavern in the Strand and there they did agree to send Father Cary to be their Procurator at Rome and after some such things were done they adjourned into several Clubs or Colloquies or what you please to call them One was at Mr. VVhitebread's Chamber another at Ireland's Chamber that is Executed another at Harcourt's and another at Fenwick's now here was a Resolve Signed by these Prisoners at the Bar in which Lord Ch. Just That is four of them Whitebread Fenwick Harcourt and Turner Dr. Oates Yes my Lord. Lord Ch. Just Was Gavan there Dr. Oates I dare not my Lord affect him with that because I cannot be positive but I le give you my Evidence against him by and by My Lord these four Gentlemen with the rest of their Accomplices did Sign a resolve which was this That Pickering and Grove should go on in their attempt to dispatch the King and this they did resolve upon and gave it as their Judgment as a very excellent expedient My Lord after this Consult we did return we were 8 or 10 that came over and may it please your Lordships in the month of June I think it was June he came to Flanders in order to visit his Colledges being Provincial of the Jesuits of England He did stay there as near as I can remember till the 10 of June and enquiring of the Fathers how Squares went in Town among other expressions he used this was one That he hoped to see the black Fools head at Whitehall laid f●st enough and that if his Brother should appear to follow in his footsteps his Pasport should be made too or to that purpose he should be dispatch'd Upon the 13 th of June old Stile the 23. new Stile I had orders to come for England according to which Order I came and did take the Pacquet-Boat as near as I can remember the 24 th which was 14 th old stile and we landed at Dover the 25 th very early in the morning and when I was at Dover I met with the prisoner at the Bar Mr. Fenwick and he my self and some others did take Coach and come as far as Canterbury after we had eaten and drunk there we came six miles further where there was a Box seized by the Searchers of the Town of Borton and this Box was brought up by Mr. Fenwick and directed to one Blundel and the Superscription was as near as I can remember in these words To the Honourable Richard Blundel Esq at London And this prisoner at the Bar Mr. Fenwick did desire that the Searchers would send it to him it was full of Beads and Crucifixes and such things to the Fountain Tavern near Charing-cross and writ a Letter to him by the name of Mr. Thompson a that was the name he usually went by when he came to Dover and he had then brought some Students there to send over to St. Omers L. C. J. When went Fenwick Dr. Oates When I came to Dover I met Fenwick by the name of Thompson going to send over the Students and Fenwick did say if they had searched his pockets as they had searched his Box they had found such Letters as would have cost him his life for saith he they were about our concern in hand Then we came up to London and arrived at London the 17th of June old stile for we lay a part of the way at Sittenburgh in the morning and in the afternoon we came to Dartford and came to London Monday noon the 17th old stile And in the month of July there was one Richard Ashby whose right name indeed is Thimbleby but he went by the name of Ashby and this Gentleman did bring over Instructions from the prisoner at the Bar Mr. Whitebread who was abroad in Flanders wherein he was to propose 10000 l. to Sir George Wakeman to poison the King and several other Instructions there were of which I cannot now give you an account and withal that a blank Commission should he filled up and ordered for Sir John Gage to be a military Officer in the Army and by that Gentleman 's own orders I delivered that Commission into Sir John Gages own hand on a Sunday Lord Ch. Just Where had you that Commission from Whitebread Dr. Oates It was signed and sealed by him but it was a blank and was to be filled up L. C. Just Where Dr. Oates It was at Wild-House L. C. J. How was it filled up Dr. Oates It was filled up by Mr. Whitebreads order it was signed and sealed blank and he ordered it to be filled up and me to take that Commission and carry it to Sir John Gage Whitebread Did I order you Dr. Oates You ordered Ashby I saw the Letter and knew it to be Whitebreads hand L. C. J. Was it before he went to St. Omers Dr. Oates It was while he was at St. Omers Whiteb. What day was it what hour Dr. Oates It was in July Whiteb. What time of the month Dr. Oates The beginning or middle Whiteb. Are you sure it was in July Dr. Oates I cannot be positive but I think it to be in July for Ashby went to the Bath the latter end of July or the beginning of August and it was before he went Whiteb. Who was present at the signing of this Commission Dr. Oates There was present at the filling up of this Commission Mr. Harcourt Mr. Ashby and Mr. Ireland Fenvick Was not I there Dr. Oates I think I filled it up I 'le tell you when you were there presently My Lord when Ashby went away Fenwick went out of Town but returned again presently to give an account how Squares went and really I cannot remember where he had been but as near as I can it was in Essex I will not be positive