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england_n	john_n	king_n	richard_n	10,255	5	8.9631	4	true

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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

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

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

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

upon me and I upon him and said he I am certain it was the man Lord Chief Just What time was this Mrs. Ives It was April was a Twelve-month Lord Chief Just What time in April do you think Mrs. Ives I cannot say the day L. C. J. But what time of the month was it Mrs. Ives I don't justly know I think it was the middle of April or thereabouts Lord Ch. Just Call another witness Sir Chr. Levins Call Mrs. Mayo who was sworn Sir Chr. Levins Well what say you when did you see Dr. Oates in England Mayo I never saw his Face till a week before whitesontide or a little after there was a young man a Servant of Sir Richard Barker's that knew him a long time before he came to me and said Yonder is Mr. Oates hath changed his coat from a black to a white what is he said I he was a Minister but he is either turned Quacker or Catholick but said I he is not turned Quaker for he wears a Perriwig and he fell a laughing and jeering at him said I why do you deride this Gentleman when he is a friend of Sir Richard Barker's Lord Ch. Just Where was mr Oates then Mayo He was in the Court-yard and I was in the Kitchen Lord Ch. Just When was this Mayo The week before Whitsontide L. C. J. In what month Mayo It was in May. Lord Ch. Just Did you know him before then Mayo No I did not but I had heard much of him in the Family L. C. J How soon did you see him again after that Mayo About a Week after he came and brought another with him and walked into the Garden and seemed to be discontented that they did not shew such a countenance to him as they used to do in the House for the Gentlewomen had heard he was turned Jesuite and therefore were very shye that is Sir Richard's Kinswomen my Ladies Sisters Daughters Lord Ch. Just Do you know Dr. Oates now Mayo Very well Sir Afterward he came again and walked into the Garden and the young man I spoke of before that is now dead came again tooke notice of him of the strange Garbe he was in he was in a Room that looked into the Garden I saw him walking there said he Yonder is Oates again and hath brought another with him he looked out of the window and said he Perithee look here does not he looke like a Jesuite and he that was with him lookt back if it had not been for that the young man's importunity I had never taken notice of mr Oates After when I heard he was come over and gave in his Testimony about the Plot I would needs go see him but he spoke very slightingly to me and seemed to be offended with the Family because they did scorn him Said I They had no reason to countenance you because we all understood you were turned Catholick They did said he look very shye upon me Why said I you must not be offended for you know all the Family are no friends to Jesuites and I hope never will be so but I hope mr Oates you will not forget eaten Bread because he used to be made very much of at Sir Richard Barker's Sir Chr. Levins Is that the man that you saw there Mayo This is the man if you will put me to my Oath again I will swear it Sir Chr. Levins When was this Mayo It was the week before Whitesontide it was in May for Whitsontide fell in May. Sir Chr. Levins Then call Philip Page Who was sworn Sir Chr. Levins Do you know Dr. Oates Page Yes Sir Sir Chr Levins How long have you known him Page I have known him four or five years L. C. J. Pray did you see him in the year 1678 last year Page Yes I did L. C. J. At what time Page About the beginning of May. L. C. J. Where Page at Sir Richard Barker's Lord Ch. Just Were you acquainted with him before Page I had spoke with him before Lord Ch. Just How do you know it was he did you speak with him then Page Yes I did Lord Ch. Just What Habit was he in Page He had a light-coloured Campaign Coat I ask'd him where he had been so long a time that we had not seen him but he turned away from me and gave me no account but after he had been in the house made back again and away he went after he enquired for Sir Richard Lord Ch. Just How do you know it was in May why might it not be in April Page It was in the beginning of May to the best of my knowledge L. C. J. By what material Circumstances do you remember it was in the beginning of May Is there any thing that puts it into your mind more particularly Page My master had a patient at that time that was sick of a Feaver L. C. J. Where at Sir Richard Barker's House Page At Islington it was Jury We desire to know what the Patients name was for some of us know Islington very well Page I Have forgot the name Sir Rich. Barker It was Aldram Milver's daughter L C. J. It was about that time in May that you saw him Page I did upon my Oath and I spoke with him and took much notice of him he had an old black Hat on that flapp'd and a pair of Spanish Leather shoos Sir Chr. Levins Call Sir Richard Barker Who was sworn L. C J. Do you know Dr. Oates Sir Richard Barker Yes my Lord I have known his Father and him ever since he hath been a Child I saw him the last Summer L. C. J. About what time Sir Richard Barker At that time that they have given in Evidence I have only this to say I was abroade as my business leads me often abroade into the Country but they told me mr Oates came to my house in a Disguise that they believed he was turned either Quaker or Papist L. C. J. When was this Sir Richard Barker It was my Lord to the best of my remembrance after Whitsontide that they told me but they told me a Story of him how that he was in two several Disguises the one was a short Hair and then they thought he was turned Quaker an other time he had a Long Perriwig and then they thought he was turned Papist and the first that told me was this Fellow here that is a Coachman of mine who was mending some thing of his Coach It happened my Lord upon the visiting of a Gentleman that I was very ill in which time mr Oates was gone and afterwards when I was recovered again he came to my house to enquire concerning Dr. Tongue L. C. J. When did you see him first Sir Richard Barker It was my Lord to the best of my remembrance the latter end of June or beginning of July upon my Recovery Lord C. J. By the Oath that you have taken I would ask you one Question Did not you see