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must tell you, that Mr. Attorney, sent you no- hold up thy hand (and so to the rest). You rice with the rest; but because you might be gentlemen that are sworn, look upon the pri. led into another opinion, that the council did soners and hearken to their
cause ; they stand not order it, you have the favour to be put off indicted by the names of Thomas White, &c. till co-morrow: Get
your witnesses ready if you (put in the indictment mutatis mutandis) and can.
against the form of the statute in that case L. C. J. If you have any other witnesses, or made and provided. Upon this indictment they desire any order for their appearance, let us have been arraigned, and thereunto have seveknow it.
rally pleaded Not Guilty, and for their trials Corker. I desire I may have liberty to have have put thenselves upon God and their coun. my trial put off till Monday.
try, which country you are. Your charge is to 'L. C. J. North. No, it cannot be. Monday enquire, whether they or any of them are Guilty is the essoign day, and the commission will be of the High Treasou whereof they stand indict.
ed, or Not Guilty. If you find them or any of L. C. J. Call the Jury.
them Guilty, you are io enquire what goods or Cl. of Cr. Thomas Wbite alias Whitebread, chattels, lands or tenements they had at the hold up thy hand (and so as to the rest). You time of the High Treason committed, or at any the prisoners at the bar, those men that you time since. If you find them or any of them, shall hear called or personally appear, are to Not Guilty, you are to enquire whether they pass between our sovereign lord the king and fled for it: If you find that they fled for it, yox you, upon trial of your several lives and deaths; / are to enquire of their goods and chattels, as if if therefore you or any of you will challenge you had found them Guilty: If you find them thern, or any of them, your time is to speak Not Guilty, nor that they nor any of them fled unto them as they come to the hook to be for it, say so and no more, and hear your eri. sworn, and before they be sworn. Call sir Philip dence. Matthews. Whitebread. We challenge him. My lord, this cause, opened the indictment thus :
Then Mr. Belwood, of counsel for the king in that there may not be any further trouble, it is our general petition, that none of those that May it please your lordship, and you gentlewere for any of the former trials may be of this men of the Jury: the prisoners at the bar, Jury, they having already passed their judgment Thomas White alias Whitebread, John Fenupon the evidence they have heard.
wick, William Harcourt alias Harrison, John L. C. J. You may challenge them. And Gavan and Anthony Turner, together with therefore (speaking to the Clerk of the James Corker, stand indicted of High Treason. Crown) don't take any that were upon the last It is charged in the indictment, That the 24th Jury for this cause.
of April, in the 30th year of the king that now Gavan. Nor any of the former Juries; we is, these persons, with other traitors unknown, do this that we may avoid giving your lordship did purpose and conspire to stir up sedition any further trouble, because if we should stay and rebellion; to cause a miserable slaughter upon particulars we should too much trouble of the king's subjects; to depose the king of his the Court.
government, and bring him to death; and to L. C. J. North. Look you, I will tell you by change the government and religion by laws esthe way, you have the liberty to challenge pe- tablished, and to levy war against the king. remptorily so many. All we can do, is to give and it is further charged in the indictment, direction to the Clerk; if he do not pursue it, that pursuant to this intention of theirs, and we do not know them, we can't tell, you must the better to bring it to pass, they did asseinlook after that.
ble, consult, and agree, first to bring his majesRecorder. You have the books wherein are ty to death, to murder the king, and thereupon notes of all their names, by you.
to change the religion established by law to the Then the Jury that were sworn were these superstition of the Romish Church, and to subtwelve: Thomas Harriot, William Guiston, vert the whole government; and it was agreed, Allen Garraway, Richard Cheyney, John Ro- that Pickering and Grove should murder the berts, Thomas Cash, Rainsford Waterbouse, king; and that therefore Whitebread, and the Matthew Bateman, John Kaine, Richard rest of the persons indicted, should say a numWhite, Richard Bull and Thomas Cox. ber of masses for the soul of Pickering: And
Cl. of Cr. Crier, count these : Thomas Har- Grove, for this piece of service, was to have a riot.
sum of inoney. And the Indictment says furCrier. One, &c.
ther, That these persons did take the SacraCl. of Cr. Thomas Cox.
ment to commit this treason with more secrecy; Crier. Twelve good men and true, stand to- and that they did likewise prepare, excite, abet gether and hear your evidence.
and counsel four other unknown persons to kill Then the usual Proclamation for information the king at Windsor. All these facts are said was made, and the Jurymen of Middlesex sum
to be done advisedly, maliciously, traitnrously, moned and not sworn were dismissed till next
and devilishly, and against their allegiance to morniog, 8 o'clock.
the king. To this they have pleaded Not
Guilty; if the king's evidence prove it, you are Cl. of Cr. Thomas White alias Whitebread, to find it so,
And then Sir Creswel Levinz, one of the good at home. Gentlemen, they have been King's learned counsel in the law, opened the intention further, as I find it in my brief, to
disappointed in all these things; they had an Charge thus:
make a general massacre of all Protestants here. May it please your lordship, and you gentle- A thing that they have done, and we have men of the Jury: These prisoners at the bar beard of it abroad, but thanks be to God, we are by persuasion Papists, by order and degree never knew it experimentally at home. And I they are all priests. By the law of the land, hope God that bath preserved us hitherto, will va. by a statute made the 27th of Eliz. they are preserve us still.—The mercy these men have ali guilty of treason, for being priests, and they met with, in being suffered to live under the misbt be tried as such, and ought to die for it'; danger of the starute, by which they might have but that is not the fact they are charged with, justly died, bath not prevailed upon or bettered zor will they have the saustaction to say that them at all, but been turned into monstrous inthey suffer for their religion : No, they are gratitude, and made them more desperate than charged with a treason of a blacker and darker other people would have been. Genteinen, uature. And though I must tell you, that it is when all this is opened, I must tell you, if these wow almost 100 years ago sioce that statute was persons be innocent, God forbid they should made against priests coming into England, yet suffer; but if they be guilty, surely they are not examples bave been very rare, that any of this fit to live ainong men ? And truly if they be sort of men bave died for their religion within guilty, they do not only deserve to die, but to that queen's time, or any of her successors ; die à more cruel and miserable death, than Fet they have died upon worse accounts, and either the mercy of our prince, or the moderaupon such accounts as they are now brought to tion of our laws hath provided for such offenders. this bæ for. Such is the difference between I shall detain you no longer, but will call the their religion and ours, they have been suffered witnesses, and then you shall judge whether to live here under a law by which they ought to they be guilty or not. And we begin with Mr. die. They kill the Protestants hy thousands, Oates.- Who was sworn. without law or justice, witness their bloody do- Sir Creswel Levinz. Pray what can you say iegs at Mirendol, their massacre at Paris, their to these gentlemen? begin with Mr. Whitebarbarous cruelty in Ireland, since the year bread first. 1640, and those in Piedmont, since 1650. But L. C. J. Mr. Oates, apply your evidence as these are not the crimes they are charged with, distinctly as you can to one person at first, unless they are not accused for their religion, but for where the matter will take in all, or piore than the blackest and darkest treason that men can one of tbem. be charged with. They are charged with an Oates. My lord, I have evidence I desire endeavour to murder the king, under whose may be called in, I shall have occasion to use protection they lived. This murder of the king them. hath been carried or in the design of it, with all Gavan. It may be inconvenient. He may inche malice and resolution that can Le, trom the struct his witoesses, first time that we can give you an a count of L. C. J. North. No, he shall not, for we i, which was the 24th of April, 1678, when will take care of that: But name your witthese persons, and several others, did first as. semble about other matters of their own, and Oates. There is sir Richard Barker, Mr. among the rest to murder the king: There they Walter a ipinister, Mrs. Mayo, Philip Page, Mr. came to a resolution that it should be done, and William Smith, and one Mr. Clay, Mr. Butler, persons were appointed to do it; these were Mrs. Sarah Ivés. Grove and Pickering, who have been executed Justice Atkins. Take a note of their names, for it; they were to kill the king in St. James's and send for them. park; but it pleased God that the flint of the L. C. J. Now, Mr. Oates, go on with your pistol failed, to which we are more beholden evidence; and when there is occasion to make than to them, that he escaped that time. They use of these persons they shall be called. were not satisfied with ibat, but they send Oates. The prisoner at the bar, Mr. Whitedown four butchers to murder him at Windsor, bread, was made and constituted provincial, so wbo being disappointed, they sent down others as it was publicly known to us, in the month of after that to murder him at Newmarket; and December last was twelvemonth; and he did wben all these failed, they had recourse to that order by virtue of bis authority, one Father treacherous and unmanly way of poisoning him, George Conyers to preach in the sodality of the and hired one so to do; and they did not only English seminary, on the bolyday which they intend to murder the king, but to make it good call St. Thomas of Canterbury, i. e. Thomas of by force when they had done. They intended Becket's day, in which there was order given to raise an army; they bad got comidissions to that Mr. Conyers should preach and assert this several persons in the kingdom, to command doctrine: That the oaths of allegiance and suthese forces. They designed to raise 50,000 premacy were heretical, antichristian and demen to maintain the injustice, when they had vilish : accordingly, this order was executed, done it. And that was not all; they had re- and the sermon preached. Mr. Whitebread in course in foreign assistance, and depended the month of January wrote letters (or at leastupon foreigo succours, if they were not made wise, in the beginning of February, I will nos YOL. VII.
be positive as to the time, because it does not purpose," he should be dispatched.' Upon the occur to my memory) to St. Omers, concerning 13th of June, Old Stile, the 23d New Stile, I the state of Ireland, of which he had an account had orders to come for England; according to from archbishop Talbot, who wrote him word, which order I came, and did take the Packetthat there were several thousands of Irish that boat, as near as I can remember, the 24th, were ready to rise, when the blow should be which was the 14th Old Stile, and we landed given in England.
at Dover, the 25th, very early in the morning ; L. C. J. Was that in Whitebread's letter? and when I was at Dover, I met with the prisoner
Oates. Yes, my lord, and Mr. Whitebread at the bar, Mr. Fenwick, and he, myself, and did say, He did hope it would not be long ere some others, did take coach, and come as far it was given. Now, my lord, by the word as Canterbury; after we bad eaten and drunk Blow, we did use to understand, and had in there, we came six miles further, where there structions to understand the death and murder was a box seized by the searchers of the towa of the king; and in the mooth of January, I of Borton, and this box was brought up by Mr. think it was, that he sent over two Jesuits into Fenwick, and directed to one Blundel, and the Ireland, to see how the state of affairs stood superscription was, as near as I can remember, there : In the beginning of April they returned, in these words, “To the honourable Richard of which we had an account from Mr. White Blundel, esq. at London.' And this prisoner at bread, by letters, wherein there was mention of the bar, Mr. Fenwick, did desire that the a consult to be held in the month of April, Old searchers would send it to him (it was full of Stile, and May, New Stile ; and according to beads and crucifixes, and such things) to the the order there given, there met at that con- Fountain tavern near Charing-Cross, and write sult, the prisoners at the bar, Whitebread, Fen- a letter to him, by the naine of Mr. Thompson, wick, Harcourt and Turner; and if it please as that was the name he usually went by, your lordship, all these at that consult did sign when he caine to Dover, and he had then a resolve, Mr. Whitebread at his chamber, brought some students there, to send over to which was at Wild-house, Mr. Fenwick at his St. Omers. lodgings in Drury-lane, and Mr. Harcourt who L. C. J. When went Fenwick ? had some at his chamber in Duke-street. But, Oates. When I came to Dover, I met Fen. my lord, I am to premise this, before I go any wick, by the name of Thompson, going to send further, That the consult was begun at the over the students, and Fenwick did say, If they White-horse tavern in the Strand, and there had searched his pockets, as they had searched they did agree to send Father Cary to be their bis box, they had found such letters, as would procurator at Rome; and after some such have cost him his life ; for, saith he, they were things were done, they adjourned into several about our concern in hand. Then we came up, clubs or colloquies, or what you please to call to London, and arrived at London the 17th of them. One was at Mr. Whitetread's cham- June, Old Stile, for we lay a part of the way at ber, another at Ireland's chamber, that is exe. Sittenburn, in the morning, and in the aftercuted, another at Harcourt's, and another at noon we came to Dartford, and came to LonFenwick's ; now here was a resolve signed by don, Monday noon, the 17th Old Stile. And these prisoners at the bar, in which
in the month of July, there was one Richard L. C. J. That is four of them, Whitebread, Ashby, whose right name indeed is Thimbleby, Fenwick, Harcourt, and Turnei.
but be went by the name of Ashby, and this Oates. Yes, my lord.
gentleman did bring over instructions from the L. C. J. Was Gavan there?
prisoner at the bar, Mr. Whitebread, who was Oates. I dare not, my lord, affect him with abroad in Flanders, wherein he was to propose that, because I cannot be positive, but I will 10,000l. to sir George Wakeman, to poisoni the give you my evidence against him by and by. king; and several other instructions there were, My lord, these four gentlemen, with the rest of of which I cannot now give you an account; their accomplices, did sign a resolve, which was and withal, that a blank commission should be this,' That Pickering and Grove should go on filled up, and ordered for sir Jobin Gage, to in their attempts to dispatch the king; and be a military officer in the army, and by that this they did resolve upon, and gave it as their gentleman's' own order I delivered that comjudgment, as a very excellent expedient. My mission into sir John Gage's own band, on a lord, after this consult we did return (we were Sunday. eight or ten that came over); and may it please L. C. J. Where had you that commission your lordships, in the month of June, I think it from Whitebread? was June, he came to Flanders, in order to visit Oates. It was signed and sealed by him, but his colleges, being provincial of the Jesuits of it was a blank, and was to be filled up. England : He did stay there, as near as I can L. C. J. Where? remember, till the tenth of June, and enquir- Oates. It was at Wild-house. ing of the Fatbers bow squares went in town, L. C. J. How was it filled up? among other expressions he used, this was one, Dates. It was filled up by Mr. Whitebread's • That he hoped to see the black fool's head at order, it was signed and sealed blank, and he Whitehall laid fast enough; and that if his ordered it to be filled up, and me to take that brother should appear to follow in his footsteps, commission and carry it to sir John Gage. his passport sbould be made too,' or to that Whitebread. Did I order you?
Oates. You ordered Ashby; I saw the letter, | asked me, whether I knew him? I know him and knew it to be Whitebread's hand.
now, but truly then I did not well know him, L. C. J. Was it before he went to St. because he was under that mask, and I could Omers?
not say any thing against bim then, because he Oates. It was while he was at St. Omers. being under an ill favoured perriwig, and being Whitebread. What day was it? What hour? a man that I knew had a good head of hair of Oates. It was in July,
his own, I did not well understand the mystery Whitebread. What time of the month? of it, and so spared my evidence at that time Oates. The beginning, or middle.
from informing the council against him ; but Whitebread. Are you sure it was in July? the prisoner at the bar came by the name of
Oales. I cannot be positive, but I think it to Gavan, and we used to call hiin by the name be in July; for Ashby went to the Bath the lat- of Father Gavan: and this gentleman did in ter end of July, or the beginning of August, and the month of June write letters it was before he went.
Gavan. What year? Whitebread. Who was present at the signing Outes. In the year 1678, and did give the of this commission ?
Fathers at London an account how affairs Oates. There was present at the filling up of stood in Staffordshire and Shropshire, and how this commission, Mr. Harcourt, Mr. Ashby, and diligent one Father Evers was to manage affairs Mr. Ireland.
in those countries. Fenwick. Was not I there?
Gadan. From whence were those letters Oates. I think I filled it up. I will tell you sent? when you were there presently. My lord, Oates. There was only the day of the month, when Ashby went away, Fenwick went out of you know it is not the custom to date the place. town, but returned again presently, 10 give an When I saw the letter first, I did not know it account how squares went, and really I cannot was his hand, I took it upon report; but I will remember where he had been, but as near as I tell the jury, by and by, how I came to know it can, it was in Essex, I will not be positive in was his hand: as near as I can remember, it. it; but, my lord, this same gentleman, Mr. was in the month of July (it was July or AuFeosick, with Mr. Harcourt, did advise Mr. gust, this gentleman came to town, and I saw Ashby, that as soon as he had been at the Bath, this gentleman at Mr. Ireland's chamber. he should go and give an account to the people Gavan. What time of the month? in Somersetshire, and there-away, his circuit Oates. It was in July 1678, as near as
I would be short and very easy, and be did not guess. question, but before he came up to town again, Gadan. Upon my salvation, I am as innocent to have the gentleman at Whitehall dispatched, as a child unborn. whom they called the Black Bastard; now I L. C. J. North. By this means you put out leave that to the jury to expound who the any witness in the world, by, interrupting of meant by it.
them. When the witness hath done bis testiFenwick. What time was that, Sir, pray? mony, you may ask him any questions, to asYou must time things, or you do nothing certain the time or any thing, but you must not at all.
interrupt him till he hath done. Oates. It was the latter end of July, or the Oates. In the latter part of July, I think it beginning of August, it was about the time of was, but it was, as I remember, while Mr. Ashby's going to the Bath.
Ashby was in town, I met him at Mr. Ireland's Fenwick. Just now he said, it was the be- chamber, for he was a saying he would go see ginning or middle of July.
Father Ashby before he went out of town, and Oates. I will tell your lordship what I said, he gave such an account to Father Ireland, of that this Asbby, or Thimbleby, came from the affairs in Staffordshire and Shropshire, as St. Omers with those orders or instructions, he had given in the letters before ; but to either the beginning of July, or the middle of prove his band, he did draw a bill upon one sir July.
William Andrews in Essex, for the payment of Fenwick. I would not interrupt you, Mr. some money, of some little sucking priests, Oates, this was some time before Mr. Ashby that were strolling up and down the country. went to the Bath, was not?
I saw him write it, and it was the same hand Oates. It was about a day before.
with that letter. L. C. J. He says a thing that is plain Gavan. What did I write ? enough: Ashby came over about the beginning L. C. J. You drew a bill upon such a person, or middle of July, with instructions about the and he names him. commission; and about the latter end of July Oates. We are now come to August. or beginning of August, as he remembers, this L. C. J. "But you say he discoursed about advice was given.
the same things with Ireland, that he had wrote Oates. And so we are arrived at the affairs in the letter.-Oates. Yes, my lord, in August, which reflects upon these gentle- Gudan. And what were those same things; men; but now I must speak a word to this Oates. Why how the affairs stood in Staf. gentleman, Mr. Gavan, the prisoner at the fordshire and Shropsbire, how my lord Stafford bar, whom when I saw come into the lobby, was very diligent. “I desire to be excused as to he bad gotten on a perriwig; so there was one that, because it will diminish my evidence in another part of it: will tell you part of what | bishop Talbot, who did give an account of the was then discoursed of.
Irish affairs, how they did conspire the death of Gavun. My lord, he is sworn to speak all the the duke of Ormond; and desired to know how truth.
affairs went in England, and desired some comL. C. J. You must speak the whole truth, as missions might be sent over to some particular far as it concerns any of these persons. persons there to raise forces for the carrying
Oates. He gave an account bow prosperous on of the design, and some money to be transthings were in those countries, and did say, that mitted to them. And Mr. Fenwick did bring there was at least two or three thousand pounds the commissions from Wild-House (as near as that would be ready in that country for the car- remember), but be did bring them with him, rying on the design, I think it was three, but it and sent them down by a special messenger to was betwixt two and three. Now, my lord, we Chester, and some letters by the post. That of are arrived to our business in August ; about the post I know of my own knowledge, but that the 12th of August, as near as I remember, but of the special messenger I had only from his it was between the 8th and the 12th, therein own mouth, My lord, from the 24th of I am positive, Ireland, who is executed, took August, as near as I remember it fell of a his leave of us," as if he were to go to St. Saturday, Bartholomew-day it was, but w bether Omers.
it fell of a Saturday I cannot be positive; but L. C. J. Where did he take his leave ? if the Court please to inforın themselves of it
Oates. At his chamber in Russel Street. by their Almanacks, they may. Ireland went out of town, and Fenwick, by Ļ. C. J. There is no gre matter in that, I that means, was to be treasurer and procurator suppose. to the society altogether. He had that employ Oates. But this gentleman, Mr. Fenwick, afterward upon him during his absence, let Mr. did deliver me some money for my necessary' Ireland go whither he would. And the 21st of incident charges, but did admonish me to pro August, which, as near as I remember, fell upon cure some Masses to be said for a prosperous a Wednesday, Mr. Fenwick and Mr. Harcourt success upon the design. Upon the 25th day, were met together at Wild-House, and some I saw. Mr. Fenwick in the afternoon at bis other Fathers, as Father Kaines, and one Father chamber, and he was to go on the 26th day, the Blundell, and some other Fathers, whom I can- next day, to St. Omers, and to carry 8 or 10 not remember.
students to go there to study humanity: And Gavan. Was I there, pray, Sir?
this is the account I have to give of Mr. FenOates. No, no, Sir;
am not to talk to you wick: For after I took my leave of him here, still, I am to speak to the Court.
I saw him no more till he was apprehended. L. C. J. North. We would recommend this L. C. J. This was about the 26th of August, to you, to name persons when you speak of was it not? tbem.
Oates. Yes, my lord, it was the 26th of Outes. Where I bare occasion I will name August, them, my lord. Mr. Fenwick and Harcourt L. C. J. Well, go on, Sir. were together at Wild-House, and Mr. Kaines, Oates. The 1st or 2nd of September, we re and Mr. Blundell, and, as near as I remember, ceived a letter (in the beginning it was) from Mr. Langworth was there, but I will not be Mr. Whitebread, and this letter they did say positive. And there lay before them at Wild- was a foreign letter, and yet it paid but twoHouse fourscore pounds, the most of that pence, by which I did conclude that Mr. money was guineas, which was to be paid to Whitebread was come into England, and lay the 4 Irish ruffians that were to murder the somewhere privately, or was not yet come king at Windsor. After it was agreed that to town. On the 3rd of September. I went they should do it, and Coleman, who was exe- to Mr. Whitebread's chamber, at night, cuted, came thither, and gave the messenger a but he being at supper, was not to be spoken guinea to expedite the journey; we drew off with ; but when he saw me the next mornfrom Wild-House, and went to Mr. Harcourt's ing, he did revile me, and strike me, and ask chamber; and because Mr. Harcourt had there ed me with what face I coựld look upon left his Papers that were to be sent down to him, seeing I had. dealt so treacherously with Windsor, there he paid the messenger the them? Now, after that I had enquired in what money. And that gentleman was present there, respect? He answered, in the discovering of Mr. Fenwick, and this is another part of the business, for there was a gentleman that August's business. No sooner was this mes- went to the king in this business, to whom I senger dispatched, but within a day after, or a bad communicated much of my information by day before, but it was a day after, as near as I Dr. Tongue. This gentlenian had the same can remember, there was a consult held at the coloured clothes that I had, and so they not Benedictine's convent, at which Mr. Fenwick being able to give an account of the name of was present, and Mr. Harcourt, and there they the persoa, gave only an account of the habit had soine more Irish news from the Irish arch- he was in, and therefore they charged me with
it. After I had justified myself as well as I * This was the perjury assigned in the second could, Mr. Whitebread did shew me a letter, count of the indictment upon which Oates was which came from one Beddingfield, alias Benconvicted, May 9, 1685, See the Trial, infra. ningfield, which did shew the Ploc was disco