Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	death_n	king_n	treason_n	2,761	5	9.5559	5	false

Text snippets containing the quad

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

by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. your Supream and Natural Lord not having the fear of God in your hearts nor weighing the Duty of your Allegiance but being moved and seduced by the instigation of the Devil the cordial love true due and natural Obedience which true and faithful Subjects of our said Soveraign Lord the King towards him should and of right ought to bear wholly withdrawing and devising and with all your strength intending the peace and common tranquility of this Realm to disturb and the true Worship of God within this Kingdom of England used and by the Law established to overthrow and the Government of this Realm to subvert and Sedition and Rebellion within this Kingdom of England to move stir up and procure and the cordial love and true and due obedience which true and faithful subjects of our said Soveraign Lord the King towards him should and of right ought to bear utterly to withdraw put out and extinguish and our said Soveraign Lord the King to Death and final Destruction to bring and put on the four and twentieth day of April in the thirtieth year of the Reign of our said Soveraign Lord King Charles the second at the parish of St. Giles in the Fields in the County of Middlesex aforesaid You the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gavan Anthony Turner and James Corker with diverse other false Traitors subjects of our said Soveraign Lord the King to the Jurors unknown falsly subtilly advisedly maliciously and traiterously did purpose compass imagine and intend Sedition and Rebellion within this Kingdom of England to move stir up and procure and a miserable slaughter among the subjects of our said Soveraign Lord the King to procure and cause and our said Soveraign Lord the King of his Kingly State Title Power and Government of his said Kingdom of England utterly to deprive depose cast down and disinherit him our said Soveraign Lord the King to death and final destruction to bring and put and the Government of this Kingdom of England the sincere Religion of God within the same rightly by the Laws of the same established at your will pleasure to change alter and the State of this whole Kingdom of England through all its parts well instituted ordained wholly to subvert and destroy and War within this Kingdom of England against our said Soveraign Lord the King to levy And to accomplish and fulfil your said most wicked Treasons and traiterous imaginations purposes You the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gavan Anthony Turner and James Corker and other false Traitors against our said Soveraign Lord the King to the Jurors unknown the said four and twentieth day of April with Force and Arms c. in the Parish aforesaid and County aforesaid falsly maliciously subtilly advisedly devillishly and traiterously did assemble unite and gather your selves together and then and there falsly maliciously subtilly advisedly devillishly and traiterously did consult consent and agree our said Soveraign Lord the King to Death and final Destruction to bring and put and the Religion of this Kingdom of England rightly and by the Laws of the same established to the Superstition of the Romish Church to change and alter and the Government of this Kingdom of England to subvert and that one Thomas Pickering and one John Grove should kill and murder our said Soveraign Lord the King and that you the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gavan Anthony Turner James Corker and other false Traitors against our said Soveraign Lord the King to the Jurors unknown should therefore say celebrate and perform a certain number of Masses then and there amongst your selves agreed on for the soul of the said Thomas Pickering and for that cause should pay to the said John Grove a certain sum if money then and there amongst your selves agreed on and that you the said Thomas White otherwise Whitebread John Fenwick William Harcourt otherwise Harrison John Gavan Anthony Turner and James Corker and other false Traitors to the Jurors unknown in further prosecution of the Treasons and traiterous Consultations and Agreements aforesaid afterwards the said four and twentieth day of April at the Parish aforesaid in the County aforesaid falsly subtilly advisedly maliciously devillishly and traiterously did severally each to the other engage your selves and upon the Sacrament traiterously swear and promise to conceal and not to divulge the said most wicked Treasons and traiterous compassings consultations and purposes aforesaid amongst your selves had traiterously to kill and murder our said Soveraign Lord the King and to introduce the Romish Religion within this Kingdom of England and the true reformed Religion within this Realm rightly and by the Laws of the same established to alter and changes and that you the said Thomas White otherwise Whitebread John Fenwick William Harcourt alias Harrison John Gavan Anthony Turner and James Corker and other false Traitors to the Jurors unknown in further prosecution of your said Treasons and traiterous intentions and agreements aforesaid afterwards the said four and twentieth day of April at the Parish aforesaid and County aforesaid falsly subtilly advisedly maliciously devillishly and traiterously did prepare perswade excite abet comfort and counsel four other persons to the Jurors unknown subjects of our said Soueraign Lord the King traiterously our said Soveraign Lord the King to kill and murder against the Duty of your Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the form of the Statute in that Case made and provided How sayst thou Thomas White alias Whitebread art thou guilty of this High Treason whereof thou standest indicted or not guilty Whitebread My Lord I desire to speak one word I am advised by Council and I may and ought to represent it to this Court for not only my own life but the lives of others of his Majesties Subjects are concerned in it That upon the 17 th of December last I was tryed upon the same Indictment the Jury was impannell'd and called I put my self into the hands of the Jury and the Evidence was brought in and examin'd particularly against me and was found insufficient so that the Jury was dismissed without any Verdict I humbly submit my self to your Lordships and this noble Court whether I may not have Counsel in this point of Law to advise me whether I may and ought to plead again the second time for according to Law I am informed no man can be put in jeopardy of his Life the second time for the same cause Lord Ch. Just You say well Mr. Whitebread Whitebread I speak it not for my sake only but the sake of the whole Nation no man should be tried twice for the same cause by the same reason a man

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

your mind that I have been proved not to be in Town at the time of the great Consult about the Plot and indeed I was not capable of it for I was not then Professed and there could None be of that congregation about the Plot but those that were professed I could not be there in the Congregation by reason of my Age mr Harcourt here and the rest if you will ask them will tell you it they were there but upon the word of a dying man I was not there L. C. J. 'T is not positively said by Mr. Oates that you were Gaven But then my Lord he says my Name was to it which he saw in July now I prove that I was in Stafford-shire the last week of July and seeing I have witnesses to prove that I was there till the 14 th the last week it was after the 14 th that he saw me I hope my Plea is good Then my Lord I ground my Plea upon this I have studied Philosophy● and other things but I never studied the Law and so am very ignorant of it but this is my Case I am accused by one Witness concerning one Fact and by another concerning another the one committed here at London the other in Staffordshire I desire therefore to know whether the Witness that swears the thing done in Stafford-shire in another County being joyned to the other Witness that swears what was done in London can be esteemed two witnesses according to the Law to convict me of Treason L. C.J. North Yes I l'e tell you if it were a matter of doubt it might be found specially and be argued but it is a matter that hath been already resolved in the Case of Sir Henry Vane at the Kings Bench Barr who was Indicted for levying War against the King and there one Witness proved the levying of War in one County and the other proved the levying of War in another County and so though they were but single witnesses of single Facts yet being both came up to the Indictment they were adjudged sufficient to maintain it So it is in your Case here is one witness for the proving your hand to the Paper which was for the Murther of the King and there is another witness of your discourse to the same purpose the Fact is your joining and conspiring to destroy the King and to levy War against him and both these are proved to the full of the Indictment by these witnesses and though they are to several particular Facts yet they are all Overt acts of the same Treason Gaven My Lord I have a contrary opinion to that in Serjeant Rolls L. C. J. North But this is a known Case and the Law is settled therein L. C. J. I 'le tell you what you mistake in what you say for there are two witnesses Oates and Dugdale who swear to the same Fact which is killing the King altering the Government and bringing in Popery Oates says He saw your hand to the Consult for the Murder of the King for the raising the Army and for the introducing of Popery which is a necessary consequence of change of Government Dugdale says he was with you in the Parlor at my Lord Aston's where the discourse was between him and you and others about killing the King and altering Religion Are not these two witnesses to one and the same Treason Gaven No my Lord I conceive not L. C. J. If I consult a way to kill the King here and then I go into the Country and there I consult of it with another person are not these two Witnesses to the same Treason sure they are Gaven Then my Lord my second Plea is this 〈◊〉 there be two witnesses you will grant me this ground that no man must be convicted but upon the Evidence of two Legal and credible witnesses and upon clear Evidence as the Statute since His Majesties happy Restauration does declare Now two things are required certainly to make a credible Witness and a clear Evidence as the Witness must be credible so it is as agreeable to reason that the Evidence must be plain and clear yea as clear as the light of the Sun at Mid-day Now therefore if I prove that neither the Witness is credible such as the Law requires nor the Evidence clear such as the Law looks upon as such then I ought not to be convicted by this Witness upon this Evidence L. C J. The Jury are Judges of that and therefore there I leave it L. C J. North. You argue mighty subtilly but I 'le give you this answer there must be two lawful Witnesses that is the law a man cannot be Impeached of Treason but by two lawfull Witnesses now if they be not convicted of perjury and their Testimony be not taken away but they may be heard in a Court of Justice they are lawful Witnesses now for the being credible Witnesses that is a matter that is left to the Jury but we must receive them as lawful Witnesses till they be convict of a crime that takes away their Testimony Gavan Therefore because they are left to the Jury I am satisfied and I turn my self to you Gentlemen You are to sit upon my Life and my Death as for my own part I can truly profess I am as innocent as the Child unborn and this Gentleman Mr. Whitebread knows I was not capable of being at the Consult being not of age Now I must leave my self to the Jury and will leave it to their judgments whether these two Witnesses can be esteemed credible Witnesses for to make credible Witnesses there is required honesty of life and truth in their Testimony for no man can be a good Witness that is not an honest man nor that hath carryed himself so that he is not to be believed As to the honesty of Mr. Oates his life you have heard that he was disgusted by the Jesuites esteemed not a person of that diligence or fidelity to be intrusted by them He was turned out of St. Omers Lord Chief Just Does that prove any dishonesty in Mr. Oates Gavan No but I speak to his Credibility Lord Chief Just Speak plain how does it impeach Mr. Oates his Evidence that the Jesuits did not like him Gaven It might be a ground of hatred amnd alice in him against them and then Gentlemen I desire you to consider that other thing That we have proved him to speak false in his Testimony about Sir John Warner and Sir Tho. Preston and all the business of the 12th of August concerning Mr. Irelands being here the 12th of August who by sixteen Witnesses is proved to have been all the while in Staffordshire And though he was not convicted of Perjury before which might have easily been done as I have shewn to the whole world now I appeal to the Honour and Conscience of the Jury whether all these proofs ought not to make this Witness to be deemed an incredible Witness And pray Gentlemen hear me