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england_n	john_n	king_n	prisoner_n	3,229	5	8.3987	4	false

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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

THE TRYALS AND Condemnation OF THOMAS WHITE alias WHITEBREAD Provincial of the Jesuits in England WILLIAM HARCOURT Pretended Rector of London 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 13 th and 14 th of June 1679. Published by Authority Dublin Reprinted 1679. THE TRYALS c. On Friday the 13th of June 1679 at the Sessions-House in the Old-Bayley the Court being met at which all the Judges of England were present Proclamation was made of Silence and Attention whilst the King's Commission of Oyer and Terminer and of Gaol-Delivery were openly read and after the usual Proclamation of attendance upon the Sessions the Court proceeded to call the Jurys impannelled and to the Tryals of the Prisoners thus Cl. of Cr. SEt Thomas Whitebread John Fenwick William Harcourt John Gavan Anthony Turner and James Corker to the Bar Cap. Richardson They are all on Cl. of Cr. Thomas White alias Whitebread Hold up thy hand John Fenwick Hold up thy hand William Harcourt alias Harrison Hold up thy hand John Gavan Hold up thy hand Anthony Turner Hold up thy hand James Corker Hold up thy Hand which they all severally did And James Corker presented a Petition to the Court to this effect That about 8 moneths since the Petition Was committed for refusing to take the Oaths of Allegiance and Supremacy that he had lately received notice to prepare himself for his Tryal against this present day but that the same was afterwards contradicted and that yesterday a Gentleman informed him from the Attorney General that a Bill was found against him of High treason and that he was to prepare himself for his Tryal thereupon accordingly and forasmuch as the Petitioner is altogether ignorant of the matters charged upon him in the same and by reason thereof is absolutely surprised and unprepared for his defence and diverse Gaol-deliverys having been held since his first Commitment and he never called to his Tryal he doth humbly beseech their Honours that he may not be Tried till the next Sessions and that in the mean time he may have Copies of such informations as are given in against him L. C. J. Mr. Corker have you really any witnesses without whom you cannot make your Defence Corker No my Lord I have none L. C. J. You do not understand my Question do you want any witnesses now that you may have another time Corker I am a stranger to the things charged upon me L. C. J. Can you not tell whether you have any witnesses or no the matter is this both for you and all the rest of you that there may be no exception you are upon the Trial of your lives and we upon our Oaths and therefore I speak it if so be you have any witnesses because you pretend you are surprised if you have really any whereby you can make a better defence for your selves then now the Court will incline to your request but if you have not then 't is in vain to tarry Corker My Lord I verily believe I shall have Witnesses L. C. J. As for the copy of the Indictment it is never granted to any persons and therefore must not be to you L. C. J. N. You must give us clear satisfaction that you are real in your pretences and must give us the names of your witnesses where they live and let us know what they can say for you that we may be satisfied for such a general alligation as this any man living may make Mr. Recorder He was one of the ten that was appointed by the Council to be tried L. C. J. Why you had notice a week ago Corker But it was contradicted the next day Capt. Richardson I heard Mr. Clare say that he should not be tried then Mr. Att. Gen. He had notice together with the rest but he was not in the first Order of Council for the Trial of these persons he sent to the Clerk to know who were to be tried and his name was left out and so understood he was not to be tryed On Tuesday last I moved that he might be put into the Order and so he was and now there is an Order of Council for it but he had notice a week ago as well as the rest Capt. Richardson I gave them notice that all were to prepare for their Tryal as this day and in order to that I went to the Council to see what Order was taken about it and the Clerk shewed me their names amongst which Corker was left out and I told him Corker had notice of Trial and therefore I desired I might have an Order for him too they told me that there was no Order taken about him Mr. Att. Gen. My Lord I would have all the Gentlemen have all the fair play in the world therefore if he can satisfie your Lordship that he can have any Witnesses that he hath not now I am content his Tryal should stay to another time L. C. J. You shall hear the Indictment read and there you will know what sort of Treason it is you are charged with and after that you will make your answer whether you have any witnesses Mr. Recorder My Lord it will be necessary that I give your Lordship an account of one thing On Saturday night there came a Gentlewoman to me on the behalf of all the Prisoners and said there were some witnesses that she was under apprehension would not appear for the prisoners unless they had some order her name she told me was Ireland and she came in the name of all the prisoners she said I told her if she would bring me a Note of the witnesses names they did desire they should have all the assistanec the Court could give them for the getting of their Witnesses thi● day but since that time I never heard of the Gentlewoman or from the Prisoners L. C. J. Mr. Corker you will do well to take notice what you are charged withall and afterwards tell us if there are any witnesses that can say any thing for your defence at your Tryal for those matters Clerk of Cr. You stand indicted by the names of Thomas White in the Parish of St. Giles in the Fields in the County of Middlesex Clerk otherwise called Thomas Whitebread of the same Parish and County Clerk John Fenwick of the same Parish and County Clerk William Harcourt of the same Parish and County Clerk otherwise called William Harrison of the same Parish and County Clerk John Gavan of the same Parish and county Clerk Anthony Turner of the same Parish and County Clerk and James Corker of the same Parish and county Clerk For that you as false Traitors against the most Illustrious most Serene and most Excellent Prince Charles the Second

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

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

my Lord the most of the time he remained there I acknowledge he was in the Infirmary L. C. J. How long Hall Four or five days or thereabouts L. C. J. Was he in the Colledge in April Hall Yes my Lord all along L. C. J. And all May Hall Yes my Lord I saw him all May I laid his Table neer the door at a particular place where he always sate Jury My Lord we desire to know what employment he is of now L. C. J. Hall what made you come into England Hall My Lord I had not my health there L. C J. How long had you lived there Hall Seven years and upwards L. C. J And when began you to be sick Hall I had not my health at Christmas in December 1677. L. C. J. What employment have you here for you had a good place there Hall I live at home with my Father and my friends L. C. J. What is your Father where lives h● Hall He is a Gentleman he lives in Radnorshire L. C. J. When came you to London Hall I came to England in July 1678. L. C. J. But you say you Father is in Radnorshire when came you here to Lnndon Hall I have been here about a moneth I was summoned up as a Witness Then one Dallison was called who did not appear and one Manshall appearing but speaking French and no English and an Interpreter not being ready he was for the present by the consent of the Prisoners set aside And then stood up one Cook L. C J. When came you from St. Omers Cooke In January Last L. C. J. And where have you been ever since Cooke Here in Town my Lord. L. C. J. Does your Father live here in Town Cooke No my Lord. L. C. J. Do your friends live here Cooke No my Lord. L. C. J. You came over upon this occasion did you Cook● Yes my Lord. L. C. J. When did you see Mr. Oates there Cooke I saw him in last June L C J And was he there in July Cooke No my Lord L C J What time did he go away Cooke The 23 d the Eve of the Feast of St Iohn Baptist L C J How do you know Cooke I made him some Clothes L C J Are you a Taylor Cooke Yes L C J How often did you see him Cooke Every day L C J. How came he to keep you company Cooke I could not chuse but see him sometimes I saw him 20 times a day L. C J. Where was he in April Cooke He was there all April L.C. J. He might be absent one day or so and you see him not Cooke He used to come twice a week to my shop for things L. C. J. Was he there all May Cooke Yes L. C. J. You say you saw him every other day Cooke Yes my Lord. Sir Chr. Levins Why Sir there are 150 Scholars there how can you tell he was there so well Mr. J. Pemberton Can you tell every one that was there all that time Cooke No I can't tell every one that was there but he was particular enough Lord Chief Just Did you live in Town as a Taylor or in the Colledge Cook In the Colledge Mr. Belwood Was Mr. Oates at Watton any part of the time Cooke Yes he was Mr. Belwood What day what month Cooke I cannot justly say the day but it was in April Lord Ch●ef Just How long was he absent Cooke Only one night as it shall please you Mr. Just Pemberton Heark you how came you to take notice that he was at Watton one night Cooke It was talked of among all the Scholars Lord Chief Just How can you remember what was said a year ago of one man Cooke It was reported all over the House Gaven In one place of his Narrative he says he came over with Sir John Warner and Sir Thomas Preston Lord Chief Just North That is nothing to the purpose If you can contradict him in any thing that hath been sworn here do Gaven If we can prove him a perjured man at any time we do our business L. C. J. You should have proved him a perjur'd man before How can we prove one Cause in another and then too he had been provided to make his defence Can he come prepared to make good every thing that he hath said in his life Dr. Oates Can I come to make good my Evidence against all I have done in my life Lord Chief Just Look you if so be he hath forsworn himself in any former Tryal if that would appear you have all the reason to make use of it but you have not taken the right way you should have indicted him and tryed him for perjury in the former Trial and then he could not have been heard at all in this Whitebread We were all Prisoners close shut up Lord Chief Justice We know you have a party strong enough and willing enough to convict him of Perjury if they could but look you Gentlemen here is the thing if you can give such Evidence as will satisfie the Jury that he was absent all April and all May you have said a great thing His Evidence will be quite contradicted Whitebread He says he came over with Sir Thomas Preston and Sir John Warner and others Lord Chief Just He says nothing of it now Dr. Oates May it please you my Lord I will answer it if you please Lord Chief Just They desire to know who came over with you when you came over in April Dr. Oates I will tell you and to convince the Court that in neither of the Trials I did contradict my self I say I did name some persons at one time that I did not name at another There came over with me the Rector of Liege Sir John Warner Father Williams Father Marish Father Warner Sir Tho. Preston and others Lord Chief Just This is dea●ing plainly with you Then stood up one Bartlett Lord Chief Just What Countrey-man are you Bartlett I am a Dutch man Lord Chief Just Can you speak English Bartlett Yes a little Lord Chief Just When came you from Saint Omers Bartlett I came from Saint Omers the 23 of May in the year 1678. new stile Gaven My Lord this man is come over to testifie that Oates is perjured in a circumstance about Sir John Warner Lord Chief Just He is to contradict Mr. Oates testimony for he says he came over with Sir John Warner and you say Sir John did not come at that time Gaven Yes Lord Chief Just Well when did Sir John Warner come over from Saint Omers Bartlett Whither Lord Chief Just Into England Bartlett Sir John Warner hath not been in England all May and all the month of April L. C. J. Where was he Bartlett He was at Watton I did see him there L. C. J. Were you there all that time Bartlett Yes I was Lord Ch. Just North Were you there all May Bartlet Yes I was L C J. When did you come over into England last Bartlett The