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dences, to strengthen and confirm the wit-, the deliberate and steady counsels of the whole uesses: we shall first call our witnesses, and order, and that too under the obligations of seenter upon the proot.

crecy, as high as Christian Religion can lay on Mr. Finch opened the Evidence thus :

them; you have great reason to wonder that it

did not succeed. And yet after all this they Mr. Firch. May it please your lordship, bave not been able to prevail

. Not that we can and you gentlemen of the jury; before we call brag of any buman policy that did prevent it: our Witnesses, I would beg leave once more to No; all that the wit of man could do, these remind you of what hath already been opened men bad done : but it was the providence of onto you : the quality of the offenders thens- God, it was bis revelation: that providence selves, and the nature of the offence they stand that first enlightened his church, and has preindicted of. For the offenders they are most served it against all opposition heretofore, bas of them Priests and Jesuits ; three of them at once more disappointed their counsels, and the least are so; the other two are the accursed preserved the king and this nation in the proinstruments of this design : For the offence, lession of that true religion these men have itself, 'uis High Treason.

vainly attempted 10 destroy. And though it be High-Treason by the Gentlemen, I will not open to you the partistatote of 27 Eliz. for men of that profession to culars of our Evidence; that I had rather should come into England ; yet these men are not come from the witnesses themselves I shall indicted upon chat law, nor for that treason : only in general tell you what will be the course thus I take notice of to you, for the prisoners of it. We shall prove unto you, That there sake, that they should not fancy to themselves was a summons for a consultation to be held they suffered Martyrdom for their Religion, as by these men the 24th of April last, from the some of them have vainly imagined in their provincial Mr. Whitebread : That they had a case; and for your sakes too, that as at first, it cau: on given them, not to come tuo soon, nor was treason, repeated acts of treason in these appear much about town, till the consultation men; and those proceeding from a principle were over, lest occasion should be given to susof religion too, that justly occasioned the making pect the design : That accordingly a consultathat taw: so here you night observe a preg- tion w.s held, as they say, to send Cary, their nant instance of it in the prisoners at the bar, procurator, wo Ron ; though we shall prove to That whenever they had an opportunity, as now you it was for other purposrs: That they adthey bought they bad, they have never failed journed from their general assembly into lesser to put those principles into practice.

companies ; where several persons did atiend So now, Gentlemen, as they are not indicted them to carry intelligence of their several refor being priests, I must desire you to lay that solutions : That at these several consults they quite of the case, and only consider that they did resolve the king was to be hilled : That stand here accused for treason ; such treason, Pickering and Grove should do it; for which as were they laymen only, they ought to die the one was to have 30,000 masses said for bis for it; though I cannot but observe, they were soul; ibe other was to have 1,500l. That in the sooner traitors for being priests.

prosecution of this design, they made several The treason therefore they stand indicted of, attempts to execute it: That they lay in wait is of the highest nature : It is a conspiracy to for the king several times in St. James's Park, kill tbe king, and that too with circumstances and other places : And that once in particular so agravating (if any thing can aggravate that it had been done by Pickering, if it had not offence which is the highest,) that nothing less pleased Gud to have prevented it by an accithan the total subversion of the government, dent'unforeseen : The fint of his pistol being and utter destruction of the Protestant Religion lovse, he durst not then attempt it, though he would serve their turns. And really, when had an opportunity: For which neglect, we Fou consider the root from whence this treason shall prove to you, he underwent the penance springs you will cease wondering that all this of 20 or 30 strokes. That when these noen had should be attempted and rather wonder that it failed, we shall prove to you they bired four was not done.

ruffians to murder the king at Windsor, and Mischiets have often miscarried for want of atier that at New-ynarket.' Thus they waywickedness enough; the horror of conscience laid himn in all his privacies and retiremenis, or else the malice of the aggressor not being wherever they could think it must convenient to equal to the attempt, has sometimes prevented execute their design. the execution of it. Here is no room for any

And this we shall prove by two witnesses; thing of this kind : this treason proceeds from who though they should not speak to the same a principle of religion, from a sense that it is consultations, nor the same times, yet they are lawful; nay that they ought to do these things; still two witnesses in law. For several wit. and every neglect here is looked on as a piece nesses of several overt-acts are so many witof irreligion, a want of zeal ; for which one of nesses to the treason : because the treason conthe prisoners did penance, as in the course of sists in the intention of the man, in the comcur evidence we shall prove unto you.

passing and imagining the death of the king. And when we consider, too, that this is The several overt-acts which declare that intencarried on, not by the fury of two or three tion, are but as so many evidences of the treabasy men over-zealous in the cause, but by son. We will call our witnesses, and inake out

what has been opened to you.

you dec

!

Cl. of C:. Mr. Oates, Lay your hand upon they met in several rooms; they came in by dethe book. The evidence you shall give for our grees; and as the new ones came on, the old ones, sovereign lord the king, against Thomas White, those that had been there before them, fell off. alias Whitebread, William Ireland, John Fen- And there was one John Cary appointed to go wick, Thomas Pickering, and John Grove, the procurator for Roine, and he was so appointed prisoners at the bar, shall be the truth, the by the suffrages of the three prisoners at the whole truth, and notbing but the truth. So help bar, Whitebread, Ireland, and Fenwick. It you God.

was afterwards adjourned into several colloMr. Serj. Baldwyn. Pray, Mr. Oates, will quies, or little meetings; one meeting was at

to the court and the jury, wbat Mrs. Sanders's bouse, that buts upon Wilddesign there was for the killing of his inajesty, house; a second was at Mr. Ireland's; a third and by whom.

was at Mr. Harcourt's; a fourth was at Mr. Mr. Oates. My lord, in the month of De Grove's; and other meeting or meetings there cember last, Mr. Thomas Whitebread did re- were, but I cannot give a good account of thein. ceive a patent from the general of the Jesuits My lord, after they had thus met, and debated at Rome to be provincial of the Order : after the state of religion, and the life of the king, he bad received this patent, he sent order to they drew up this resolve; it was drawn up by one George Congers, a Jesuit at St. Omers, to one Mico, who was secretary to the society, and preach upon St. Thomas of Canterbury's day; Socius, or companion to the provincial. and by virtue of this order, George Conyers did L. J. C. When was that done? preach against oaths of allegiance and supre- Mr. Oales. That day, my lord.' The Reinacy, and did in his doctrine call them anti-solve, my lord, was this, as near as I can rechristian and devilish. My lord, in the month member the words : It is resolved, That Thoof January, this Mr. Whitebread did send se- mas Pickering and Jolin Grove shall go on in veral letters to St. Omers; in which letters their attempt to assassinate the king (whether there was contained intimation of his intent to they used the word assassiuate, I cannot reproceed against the king's person to assassinate member, but the meaning was, they sbould hias; winch letters were written to Richard make an attempt upon his person), and that Ashby. My lord, in the month of February, tie reward of the one, that is Grove's, should there comes an order from him as provincial, be 1,5001., and that Pickering's reward should for sereral of the Jesuits to make their ap- be 30,000 masses. My lord, after this resolapearance at London, to be there at a consult ion was signed by Whitebread, it was signed io be held the 24th of April O. S.

by Fenwick and Ireland, and by all the four L. C. J. (sir William Scroggs.) Wbere was clubs: I saw them sign it, tor I carried the inWbitebread then?

strument from one to another. Mr. Oates. He was then in London, my L. C. J. What was it they signed ? lord, as I suppose by the dating of his letters. Oates. The resolve of the consult. My lord, from Mr. W bitebread after this sum- L. C. J, What, that which was drawn up by mons, we received a second sumnons, which Mico? came the 5th of April, N. S., and upon the Oates. Yes, my Lord, that which was drawn summun- there were nine did appear at Lun-up by Mico. don, the Rector of Liege, sir Thomas Pres- Whitebroad. Doth he say that he saw thein ton, the Rector of Ghent, whose name is sign it!-Oates. Yes, I did see tben sign it. Marsh, the Rector of Wotton, whose name Jury. We desire he may be asked where he is Williards, and one sir John Warner, saw them sign it. and two or three more from St. Omers; and Outes. Mr. Whitehread signed it at that there was a special order given us, my lord, part of the consult that was at his chamber, to keep ourselves close, lest we should be sus. Ireland did sign it at that part of the consult pected, and so our design dieciosed. My lord, that was at his chamber, Fenwick signed it at upon the 241h of April, 0. S. we did appear in that part of the consult that was at his chamthe consult. The consult was begon at the ber. White-borse tarera in the Sirand*, and there

there had been a meeting of the Jesuits that This was the perjuiy assigned in the In- day, and that all the scholars of St. Omers dicement on which, upon May 8th, 1685, knew of it; but that it was well Dr. Dates Oates was convicted of perjury, See the Trial, kuew no better where it was to be, for, says infra. " I waited on the king (James 20) in his his majesty, ibey met in St. James's, where I barge frorn Whitehall to Somerset-bouse, where then lived; which if Oates had but known, he he went to visit the Queen Dowager. It was would have cut out a fine spot of work for me. upon this day that the noted Dr. Oates was The king theo subjoined, that Oates being convicted of Perjury; it being proved ttiat he thus convicted, the Popishi Plot was now dead : was at St. Omers the 24th of April, 1678, when to which I answering, that it had been long he swore he was at the White-horse tarern in the since dead, and that now it rould be buried, Strand, where Pickering, Groves, Ireland, and his majesty so well approved of the corn, that other Jesuits signed the death of king Charles going with him afterwards to the Princess of the Second. This was a gratelul hearing to the Denmark's, I heard him repeat it to her." Sir hus, who thereupon observed, that indeed Joho Reresby's Memoirs, p. 194,

Whitebread. Were you at all these places ? contained in them these particulars : Instruc

Oetes. I went with it from place io place; Lions or Memorials, or what else they called but I mention no more now, but only these. thern. 1. That 10,0001. should be prophsed

Whitebread. You were not at all these places, { to sir George Wakeman for the killing of the and saw them sign it there, were you?

king. 2. That care should be taken for the Vaies. Yes, I did see them sign it at all those murder of the bishop of Hereford. 3. That places. My Lord, in the month of May, Mr. care should be taken for the murder of Dr. W birebread came over as provincial from Eng. Stillingfieet. 4. That though this propo-al laad to St. Omers, to begiu his provincial visita- was made to sir George Wakeman of 10,0001. tion, and with bim caine Cary and his con- yet Picketing and Grove should go on still in panion Mico. Cary left St. Omers to begin their attempts. My lord, alterwards these bis journey to Rome: Whitebread, after he were taken and copied out, and dispersed to had given an account of what proceedings the the several conspirators in the kingdom, whose catholics of England bad made in order to dis- names I cannot call to mind. But Coleman turb the peace of the kingdoa, what moneys made several crpies, and dispersed them about : had been gathered, what suffrages dispersed, Then the 10,0001. was proposed to sir George what means had been used, what noblemen Wakeman, but it was refused. tad joined in this execrable plot; he did then L. C. J. What, it was too little? (my Lord) order me to come for England. Oates. Yes, my lord, it was too little. Then L. C. J. Whitebread did?

Whitebread he writ from St. Omers, that in Oaies. Yes, my Lord, Whitebread did. case 10,0001. would not do, fifteen should be And, my Lord, the business I was to come into proposed, and after that he had that proposed, Enzland for, was to murder one Dr. Tongue, a he accepted of that. Doctor in Divinity, who had written a Book L. C. J. Were you by when he accepted it? called “ The Jesuits Morals;" that is to say, Oates. No, iny lord, I was not: But it aptraoslated them out of French into English. peared upon their entry-books, and it appeared My lord, I came over into England on the 23rd by a letter from this gentleman, Mr. Whiteof June, N. S.; I came out of St. Omers, that bread, wherein he did shew a great deal of joy is, the 13th in the stile of England; on the for sir George Wakeman's accepting of the 244h N. S., I took the packet-boat at Calais; 15,000!. My lord, after this it was agreed the 25th N. S., I met with Mr. Fenwick at upon, that sir George Wakeman should have Dover; he was come down with certain youths, 15,0001., and 5,000l. of it was paid by Colemao to send them to St. Omers, and had ordered or his order. Thus the state of affairs stood their passage.—My lord, with Mr. Fenwick, till August. Then one Fogarthy, who is dead, and some other persons, we came to London in came to a consult of the Jesuits with the Benea coach; and six miles (as near as I remember dictines : Now at this consult the prisoner at it) on this side Canterbury, at a place called the bar Fenwick was, he was one, and HasBolton, our coach was stopped by the search-court was another. And in this consult there ers, and there they did exainiue a box that was were four rutfians recommended to them. in the coach directed for the hon. Richard L. C. J. By whom? Blundell, esq. This box, when they opened it, Outes. By Fogarthy they were recommende they foand full of beads, crucifixes, images, and ed, but accepted of by these consultors, and other sorts of trumpery, that I cannot give a conscnted to by Fenwick. They were sent good account of; it is he can give the best : away, and the next day after fourscore povads Mr. Fenwick went by the pare of one Thoup- was sent them, the most part of it was gold, son, and did personate one Thompson, as living and Coleman was there and gave the messenger near tbe Fountain-Tavern, at Charing-Cruss; a guinea to expedite his errand. My lord, in and did order the searchers to write to bit the month of August there came other letters there, as by the name of Thompson. When from Whitebread, wherein be did give an acthe box was seized, they being prohibited goods, count of what care be had taken of the Scotch Mr. Fenwick did say, that if they had searched business; and lie ordered one Moor and one his pockets, they had found such letters atout Sanders, alias Brown, to go down to Scotland, him as might bave cost hiin his life; but his and he did order the rector of London, then Jetters did escape searching. We came that William Harcourt, to send them; and he did bigbt to Sittinburgh, and lay there on Sunday so send them the 6th of August, in the name of ibe 26th, N. S., as near as I remember: and I the provincial. think we stayed there till the afternoon: We Whitcbread. From whence, I pray? look coach jo the afternoon, and came as far as Oates. From London, and they went to proDartford. On Monday morning we came into secute and carry on the design which Fenwick London; and (my lord) when we came into and Ireland had plotted, of a rebellion amongst London, and had continued there some days the disaffected Scots against the governors ap(I now return to Mr. Whirebread), there came pointed them by the king; and they sent down ade Ashby to town; he had been some time ministers to preach under the notion of PresFrector of St. Omers, and was come to England byterian ministers, in order to get the disaffectsick of the gout, and was to go to the Bach to ed Scots to rise, by insinuating the sad condibe cured. And he brought instructions with tion they were likely to be in, hy reason of episin from Whitebread; and the instructions copal tyranny (as i hey termed it.) And that

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they were resolved to dispose of the king, and Oates. I did see them:
they did intend to dispose of the Duke too, in Grove. When was this?
case he did not appear vigorous in promoting Oates. I saw the bullets in the inonth of
the catholic religion (I speak their own words.) May, and in the month of June.

L. C. J. Have you done with your evi- Il'hitebread. Pray, where did you see them! dence? What do you know of the prisoners at

Oates. In Grove's possession. the bar? Name them all.

Whitebread. At wbat time? Oates. There is Whitebread, Ireland, Fen- Oates. In the inonth of May. wick, Pickering, and Grove.

Whitebread. Then' was he actually himself L. C. J. Are you sure l'ickering and Grove at St. Omers. Was it in May or June? accepted of the terms ?

Vates. The latter end of May and June. I Outes. Yes, my lord, I was there.

saw them then twice, if not thrice. But PickL. C, J. Where was it?

ering's I saw in August. Outes. At Mr. Whitebread's lodgings at Sir Cr. Levinz. "Do you know any thing of Mys. Saunders's house. As for Grove, indeed, Pickering's doing penance, and for what? he did attend at that time upon Fenwick at bis Outes. Yes, my lord, in the month of March chamber; but after the consult was over he last (for these persons have followed the king came to Whitebread's lodgings, and did take several years); but be at that time had not the sacrament and the oaths of secrecy upon it, looked to the fint of his pistol, but it was and did accept it, and agree to it.

loose, and he durst not venture to give fire. He L. C. J. Were you there when he took the had a fair opportunity, as White bread said; sacrament?

and because he mise it through his own negOates. Yes, my lord, I was.

ligence, he underwent penance, and had 20 or L. C. J. Who gave you the sacrainent ? 30 strokes of discipline, and Grove was chid

Outes. It was a Jesuit, that goes by the den for bis carelessness. name of one Barton.

L. C.J. That was in March last? Whitebread. My lord before I forget it, I Oales. Yes, my lord. desire to say this. He says that at such and L. C. J. How do you know that? such consults in April and May he was present, Oates. By letters that I have seen from Mr. and carried the resolutions from one to another. Whitebread; these I saw and read, and I know There are above a hundred and a hundred, that Whitebread's hand. can testify he was all that while at St. Omers. Mr. Serj. Baldwyn. What do you koow of Pray tell me when I received the sacrament? the ruffians that went down to Windsor? What Oates. At the same time.

success had they? Whitetread. What day was that?

Oates. I can give no account of that, beOates. The 24th of April.

cause in the beginning of September this genWhitebread. Was I there?

tleman that had been in England sone time Oates. You were there.

before, was come to London and the business Whitebread. I take God to witness I was not. had taken air, and one Beddingfield had written

L. C. J. Mr. Whicebread, you shall have to him, that the thing was discovered, and that time to make your answer. But. pray Mr. none but such a one could do it, naming me Oates, when was Mr. Carey dispatched away by a name that he knew I went by. to Rome, and what was bis errand?

Whitebread. When was that, sir? Vates. My lord, I'll tell you; he was ap- Oates. In the month of September last, I proved of to go to Roine the 24th of April ; came to the provincial's chamber the 3rd of in the month of May or June, Wbitebread September; when I caine f could not speak brings Cary over to St. Omers, and one Mico with bim, for he was at supper ; but when he his secretary or companion with him.

bad supped I was adınitted in, and there he L. C. J. When was it?

shewed me the letter that he had received from Qutes. In the mouth of May or June he Beddingfield. was brought over by the provincial; then he Whitebread. Where did you see it? went away on his journey, and at Paris receiv- Oates. You read it to me when you chid ed 201. to bear his charges.

me, and beat me, and abused me. Finch. What do you know of any attempts L.C. J. What did he chide you for? to kill the king at St. James's Park?

Oates. He did charge me with very high Oates. I saw Pickering and Grove several language of being with the king, and with a times walking in the Park together with their minister, and discovering the matter. I was so screwed pistols, which were longer than ordi- unfortunate, that the gentleman who was with nary pistols, and shorter than some carbines. the king did wear the same coloured clothes They had silyer bullets to shoot with, and that I did then wear: And be having given an Grove would bave had the bullets to be chainpl, account that the party wore such clothes, the for fear that if he should shoot, if the bullets suspicion was laid upon me: Now, my lord, were round, the wound that might be given I had not then been with the king, but another might be cured.

gentleman bad been with him from me with L. C. J. Did Grove intend to champ them: 1 the draughts of some papers concerning this Oates. He did say so.

business," which 1 bad drawn up, and I was L. C. J. Did he shew you the bullets i ready to appear when I should be called to

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justify them, only I did not think fit to appear L. C. J. Mr. Fenwick, you shall have your immediately: And my lord, this Beddingfield, tine by and by to ask him any question : Mr. he had gotten into it that it was discovered, and Oates; let me ask you once again, When there writ the provincial word be thought it was by was the appointment made for Grove and me; ' for,' said be, he hath been drawn in by Pickering to kill the king, who signed it? * some of his old acquaintance :' When he had Outes. At least forty signed it. received this letter, he asked me with what face L. C. J. Did the other three sign it? I could look opon him, since I haud betrayed Oates. Yes, my lord, all of them. them : So, my lord, I did profess a great deal L. C. J. Name tbem. of innocency, because I had not then been Oates. There was Whitebread, Fenwick, and with the king; but he gave me very ill language Ireland, and abused me, and I was afraid of a worse L. C. J. And you say you went from place mischief from them ; for I could not but con- to place, and saw it signed? clude, that if they dealt so cruelly with those Oates. Yes, my lord, I did. that only writ against them, I could scarce L. C. J. Were you attendant upon thein ? escape, of whom they bad that jealousy, that I Oates. My lord, I ever was since the year bad betrayed them: And, my lord, though they 1666. could not prove that I had discovered it, yet L. C. J. At whose lodgings did you use to upon the bare suspicion I was beaten, and af- attend upon the consultation? fronted, and reviled, and commanded to go be- Oates. At the Provincial's chamber, Mr. Fond sea again; nay, iny lord, I had my lody- Whitebread. ing assaulted, to have murdered me if they could. L. C. J. Where was it first signed ? Whitebread. By whom?

Outes. At the Provincial's chambér. Oates, By Mr. Whitebread, and some of Sir Cr. Levinz. Who carried it from lodging them.

to lodging? Whitebread. Who beat you ?

Oates. I did. Oates. Mr. Whitebread did.

L. C. J. When was it? Mr. Serj. Baldwyn. Was it Pickering or Oales. The 24th of April. Grove that bad the flint of his pistol loose ? Mr. Just. Bertue. You say you carried the Oates. Pickering.

result from place to place, pray tell us what Pickering. My lord, I never shot off a pistol that result was ? in all my life.

Oules. They knew ubat it was, for they read L. C. J. What say you as to the fourscore it before they signed it. pounds?

Mr. Just. Atkins. But tell us the contents Oates. My lord, I will speak to that ; that of it. was given to the four ruffians that were to kill Oates. The contents of that resolve was the king at Windsor : now, my lord, that this (I will tell you the substance, though I money I saw

cannot tell you exactly the words) : That L.C. J. Where did you see it?

Pickering and Grove should go on in their Oates. At Harcourt's chamber.

attempts to assassinate the person of the king ; L. C. J. Where is that?

as near as I can remember it was sq ; that the Oaies. In Duke Street, near the arch. former should have 30,000 masses and the L. C. J. Who was it given by ?

latter 1,500l. ; and the whole consult did conOates. William Harcourt.

sent to it, and signed the agreement that was L. C. J. Did you see the four fellows? made with them, and did resolve upon the

Oates. No, my lord, I never did, nor never king's death all in one resolve. knew their names.

L. C. J. Where was this agreed upon ? at L. C. J. Who was the money given to? the White-Horse tavern ?

Oates. A messenger chat- was to carry it Oates. No, my lord. After they had agreed down to them.

at the White-Horse, that Mr. Cary should go L. C. J. Who was that messenger?

procurator to Rome, and some other small Oates. One of beirs that I do not know ; particulars, which I cannot now remember, and I durst not be too inquisitive, my lord, for they did adjourn froin the White-Horse tavern, fear of being suspected.

and met at several chambers, some at one L. C. J. Who was by when the money was place, and some at another. paid?

L. C. J. But you say Mico did draw up the Oates. Coleman, that is executed; and, my resolution, where was that? lord, there was this Mr. Fenwick by, that is Oates. At Mr. Whitebread's chamber, for the prisoner at the bar.

he was Sucius, and secretary to the Provincial. Fenwick. When was this?

L. C. J. Were Ireland and Fenwick preOates. In the month of August.

sent when Mico drew it op? Fenwick. Where?

Oates. No, my lord, but they were at their Oates. At Harcourt's chamber.

own chambers; after it was drawn up there, Penzick. I never saw you there in all my and signed by Mr. Whitebread, and those of life : : are you sure I was by when the money the consult in bis chamber, it was carried w was there?

the several consults. Oates. Yes, you were.

L. C. J. What, all the same day? YOL, VII,

H

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