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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

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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
any Question Gav Mr. Oates you say you saw my Name to a Letter for the taking up of money To whom was that letter writ Dr. Oates There was a letter from you to Mr. Ireland And he did receive it by the hands of Grove Gavan Where was that money to be taken up Dr Oates My Lord I say that letter was received by Grove who is out of the way and can't prove it and was delivered to Ireland L.C. J. I perceive your memory is not good Gav I perceive his memory is very good Dr. Oates This letter did give an account of the business of Staffordshire and the particulars of that Mr. Gavan did afterwards give an accompt of by word o mouth and ●ome other things not fit to be named Gavan Pray where was it Sir that I gave an account of it in London or in the country Dr. Oates In London Gavan In what month Dr Oates In July it was Gavan What part of July Dr. Oates It was when Mr. Ashby was in Town the beginning or middle Gavan Just now you said it was in the latter end Dr. Oates My Lord I beg this favour that if the Prisoners at the Bar ask any questions they may be proposed to the court for they are nimble in their Questions and do a little abuse the Evidence They put things upon them that they never say Mr. Just Pemberton propose your questions to the Bench that you would have asked Gavan I will do so my Lord in whose Honour I have more confidence than in whatsoever Mr. Oates says or swears L. C. J. But he tells you who you drew your Bill of exchange upon and that was Sir William Andrews L. C. J. North Don't give the King's Witnesses ill words L. C. J. Have you any more to ask any of you Whitebread Yes my Lord. L. Ch Just See if you can catch him he gives you a long and exact accompt as can be given by any man in England and pray direct your self Mr. Whitebread to the Court. Whitebread He says he was here in April and at the Consult now I desire to know how long before that time were you I acquainted Dr. Oates Why before that time I never saw Mr. Whitbread's face Whitebread what imployment were you to have and what reward Dr. Oates When I came away from St. Omers I was to attend the motion of the Fathers at your Chamber and to carry the Resolve from chamber to chamber where the Fathers were respectively met Fenwick was not you at the White-Horse-Tavern Dr. Oates Yes I was there Fenwick Did you dine there Dr Oates No our stay was short there Fenwick How long did you stay in Town Dr. Oates Truly I can't tell you exactly but from the time I came into England to the time I went our again was under Twenty days Fenwick Who were they that came over with you Name the Parties Dr. Oa I will tell you who they were but it 's so long since I can't exactly remember Fenwick You need not trouble your memory you have them in your Narrative Dr. Oates My Lord there was Father Williams the Rector of Wotton the Rector of Leige Sir John Warner Sir Thomas Preston and some others Whitebread Was not Mr. Nevel there Dr. Oates I believe he was it is like he might be there Whitebread Was not Sir Robert Brett there Dr. Oates I believe he might Whitebread You have said so in your Narrative L. C. J. Perhaps a man will venture to write more than he will Swear not that he does Write what he does not believe but that he knows he ought to be more cautious in his Oath than in his Affirmation Fenwick My Lord with your Lordships favour it is upon Oath L.C.J.N. Fenwick you are in a Court of Law and we must go according to the Law if you will prove any contradiction in him to his Oath you must bring the persons here that saw him take the Oath and you must not think to take a Pamphlet for Evidence Fenwick It was Sworn before a Justice of Peace and will not I suppose be denied and therefore he must make his Evidence agree with it being part of his Narrative Gavan You speak of one thing in August and of another in July which month saw you me in Dr. Oates I told you I saw you in Town in July and when Father Ashby or Thimbleby was in Town And you said you would go and see him Just Pemberton He says it was in July and that is enough Gavan What time in July Dr. Oates It was towards the middle or latter end Gavan Was it before Mr. Ashby went to the Bath Dr. Oates It was so Lord Chief Just He says he saw you in Town when Ashby was in Town which was towards the latter end of July or beginning of August He cannot tell exactly whether but positively he says before Mr. Ashby went to the Bath Lord Chief Just North Well to satisfie you we will ask Mr. Oates the Question again Can you recollect whether it was the middle or latter end of July Dr. Oates My Lord as near as I can remember it was about the middle of July that Ashby came to Town and he did not stay in Town above a Fortnight And it was whilst he was in Town and designed to go down to the Bath That this Gentleman came to Town and gave accompt of the particulars of that Letter Lord Chief Just North You may ask him any Questions but I would have you observe what accompt he gives That about the middle of July Ashby came to Town that he staied in Town about a fortnight as he believes that during that time you came to Town and then was this Discourse Dr. Oates During that time I saw him in Town but I know not exactly when it was Gavan My Lord I would ask him one Question the thing that is brought against me is this He says Mr. Ashby came to Town in the middle of July that he stayed in Town a fortnight that while he was there I came to Town and had such Discourse Now my Lord I desire to know whether it was the first week or last week that Ashby was in Town that he saw me Lord Chief Just If he can answer it let him Dr. Oates My Lord I cannot Lord Chief Just He tells you he cannot charge his memory with it Dr. Oates No my Lord nor will not Lord Chief Just Really I believe there is scarce one in all this company able to give an accompt of a particular time of a passage so long ago Gavan No doubt he hath an excellent memory Lord Chief Just And if he had not some memorials of this he could not do it And though he hath memorials of the most eminent passages yet we cannot suppose he hath of all circumstances Gavan But this is the substance and your Lorship may conceive that not without Reason I urge it for if Mr. Ashby came to Town the beginning
April and May. I went from St. Omers to Brussels and from Brussels I came straight to London Lord Chief Just But when did you see Master Oate there Cox I can prove I saw him at St. Omers when he says he was in England and that by this circumstance Master Pool who was my Musick Master was sick there and Mr. Oates was often with him Lord Chief Justice Were you there all the time he was there Cox Yes I was till he went away Lord Chief Just When did he go away Cox Master Oates went away in the month of July Lord Chief Just Are you sure of that Cox Yes my Lord I am Lord Chief Just Not in June Cox No my Lord July Lord Chief Just Why he differs from all the rest Cox My Lord I can prove he was at St. Omers when he says he was in England Lord Chief J. Why what month did he go away Cox My Lord I can prove that Mr. Oates was never absent from St. Omers till he went away for good and all Lord Chief Just When was that Cox He went after the Consult of the Jesuits which he says was in England in April Lord Chief Just Come come Answer me plainly if you can in what month Mr. Oates left St. Omers Cox I say Mr. Oates was never absent from St. Omers till the Consult of the Jesuit was over which he hath confessed himself to be at Lord Chief Just When was that Cox Why it was after May 't is no matter what the month was whether June or July at which the people laughed Cox What do you laught at Sirs Why suppose I mistake the month it is no matter Lord Chief J. Look you we are now upon a Question of time and you cannot tell that a man i● there at a certain time unless you can prove the certain time when he came away Cox I can prove that he was there till after the Consult of the Jesuits and then the people laughed again L. C. J Ay I ●elieve you there 't is enough for you but you have done a very great prejudice to those persons that you came for for you come to prove the conclusion but do not take notice of what Mediums you are to use Say you if I can but prove that he was there till after the consult of the Jesuits that is the thing in Question and I need no more but this is serving a turn only Pray can you tell me what month he came to St. Omers Cox Yes he came thither in the month of December L. C. J. And when did he go away again Cox He was never absent from St. Omers out of the view of the Scholars except one night that he went to Watton and one day when he was in the Infirmary but even at that time he was seen by some of the Scholars L. C. J. Yet you cannot tell the time that he went away Cox He was never absent all the while Mr. Justice Windham Do you know when the Consult of the Jesuites was upon what day Cox He sayes he went away with Mr. Hilsley but he did not I can prove the contrary L. C. J. No no he says he followed him and overtook him at Calis Cox That is false and I can prove it by this Circumstance one Mr. Conquest was to go for England that day and he came into the Refectory and told us a story of this Mr. Conquests being unwilling to rise in the morning to go for England L C. J. When did he tell that story Cox That day that he was to go for England L. C. J. How long was that after Mr. Hilsley went away Cox The day after Gaven When was the time that Mr. Conquest went for England Cox In the month of May as we count L. C. J. What time in the month of May Cox It was the fifth and he says that Mr. Pool and Mr. Nevill were in England with him but I can testifie that they were not absent for one of them was my musick-master Lord Chief Just Was he there all May Cox Yes that I can testifie upon my Oath L. C. J. And all June Cox Yes my Lord but if I prove he was not in May in England it is sufficient L. C. J. Upon my word you deserve a sharp penance for running into that fault 2 or 3 times you have done them no kindness in this matter Gaven If your Lordship will take advantage of every Circumstance young men may not remember the particular day of his going away L. C. J. But you hear how he delivers his Evidence 't is as if he had been instructed you must come and prove that Oates was not in England in April and May and that will do our business for he tells you it is sufficient but we will have it proved to satisfie us Cox But why should I say more than I know L. C. J. You mean more than you are instructed about I only ask you one short question Do you know when Mr. Oates left St Omers Name the moneth Gaven If you don't remember the time say so Cox My Lord I cannot Remember it L. C J. Then call another Who stood up Dr. Oates My Lord I desire they may be Examined apart L. C. J. You need not trouble your self about that What is your name Billing My name is Thomas Billing L. C. J. When came you from S. Omers Billing I came 3 moneths ago I think my Lord. L. C. J. Do you know Mr. Oates Billing Yes my Lord very well L. C. J. When did you see him at St. Omers Billing My Lord I saw him when he came the same day or the day after L. C. J. When was that Billing In December my Lord the 10th of December L. C. J. And he staid there how long Billing Till the Latter end of June L. C. J. was he never absent Billing I can very well remember that he went to Watton in the Christmas I was then in he Infirmary my self and he and his Companion came in there to see us and said he had been at Watton L. C. J. But he was twice in the Infirmary was he not Billing Yes my Lord. L. C. J. When was the second time Billing The second time was in April I went in the week before Christmas on St. Thomas of Canterbury's day I came out again Lord Ch. Just But you say the second time was in April Billing Yes Lord Ch. Just How long was he there then Billing Truly I was not with him then but I think 3 or 4 days Lord Chief Just Were you in the Colledge then Billing Yes my Lord I was Lord Ch. Just Did you see him in the Colledge from time to time Billing Yes I did Lord Ch. Just How long Billing For all the time that he staid Lord Ch. Just How long was that Billing That was from December till the latter end of June Lord Ch. Just Was he there all May Billing Yes my Lord. He says he was 8 days in England
but he could not be so for he entred himself into the Sodality the 25 th of March and not long after his admission he was put to read every Sunday morning at 6 a Clock And after that he began once to read he never was absent from that time till the time he went away Lord Ch. Just Why did he read when he was sick Billing He was not sick upon the Sunday Lord Ch. Just You say he was sick in April Billing Yes my Lord. Lord Ch. Just But was he not sick of a Sunday in April Billing He was only a little indisposed and frequented the infirmary in the day time for a matter of 3 or 4 dayes Lord Ch. Just Did he read at the time he was sick in the infirmary Billing He was not sick an whole week Lord Ch Just Did it reach to a Sunday Billing No my Lord that I remember Lord Ch. J. How long did he continue there Billing Til towards the latter end of June Lord Ch. Just Did you see him once in 2 or 3 days Billing Yes my Lord I did constantly And upon the second of May ●●ve● particularly remember looking out into the Garden I saw Mr. Blunt walking in the Garden and Mr. Oates with him And observing him to be very intimately familiar with him I a●ked some that were with me Does this Sampson for he went by that name in the Colledge says I does Sampson know Dick Blunt no said they and we wondered at his confidence having no greater acquaintance I saw him that day walking in the Garden with that Blunt L. C. J. That was the second of May Billing Yes my Lord. L. C. J And he was constantly in this Gentlemans company that day Billing Yes and moreover the same day this Sampson was walking with one John Rushton in the Garden and seeing me walk alone Thomas says he have you never a companion No Sampson said I well said he prithe come to us So I was with him walking a little while and then this Blunt and one Henry Howard were playing one with another throwing stones at one anothers Shins At which he was displeased and said ●f they would not be quiet he would go tell the Rector Howard was hasty and spoke angerly to him and said if he would not be quiet he would beat him But Mr. Oates persisting and daring of him says h● what do you dare me and come up to him and throws up Mr. Oates his heels With that mr Oates lookt very fre●fully upon him and withdrew himself into the Infirmary as we thought to speak to the Rector And by these particulars and such as these I remember to have seen him every day one day with another or every other day at St. Omers till he went away which was in June Then stood up another one Townely L C. J. Come mr Townely do you know mr Oates Tow. Yes my Lord L. C. J. When came you from St Omers Townely I came a week before Easter Lord Ch. Just When saw you this same Mr. Oates at St. Omers Townley I saw him in June Lord Ch. Just When else Townley In May. Lord Ch. Just When else Townley In April Lord Ch. Just Was he there in all April all May and all June Townley No not all June He went away as I take it about the 10 th of June Lord Ch. Just Pray how often did you see him Did you see him every day Townley I conversed with him every day He was partly a Scholar and partly a Father and sat at a Table by himself He went to School as a Scholar 'T is true indeed he did not learn as the rest of the Boys did but he went to School at the Boys did and was at a Table from the Fathers as the Boys were but apart and alone Lord Ch. Just But how often did you see him was it every other day Townley Yes I believe I did Lord Ch. Just What for all April and all May Townley Yes Lord. Ch. Just How came you to take such particular notice of it that you can say you saw him every other day Town●ley If I constantly dine with one or if he be at a single Table alone he cannot be absent but I must take notice of it and he was neither as a Father nor as a Scholar but betwixt both and therefore the more to be taken notice of Lord Ch Just This then you say He siting by himself and being distinct from all ●he others you might more easily observe his absence than any others This is that you say Townley Yes my Lord. Lord Ch. Just You say well Call another Then stood up one Fall Lord Ch. Just When came you from St. Omers Fall about Two months agoe Lord Ch. Just When did you see Mr. Oates Fall I saw him when I was in my Syntax and now I am in Poetry L. C. J. What moneth did you see him in Fall When he came first as I rember it was at Christmas L. C. J. Christmas last Fall No it was Christmas was twelth month Christmas 1677. L. C. J. How long did you see him there Fall I saw him there from that time till June only when he was at Watton L. C. J Was he never sick Fall I saw him in the Infirmary my self L. C. J. How can you tell when a man is sick Fall I do not pretend to do that but he was in the Infirmary as a sick man L. C. J. How came you to take particular notice of it Fall I took no particular notice but I have recollected my memory L. C. J. Upon what occasion Fall Upon this occasion L. C. J. How often did you see him Fall I saw him every day L. C. J. How long have you been in the Convent Fall My Lord I have been there two years and an half Then stood up John Hall L. C. J When came you from St. Omers Hall in July my Lord. L. C. J How long have you been there Hall seven years and upwards L. C. J. How long is it since you came from thence Hall In July in the year 1678. L C. J. And did you see M● Oates there then Hall No my Lord L. C.J When did you see him there then Hall I saw him there in April May June L. C.J. What all June Hall No my Lord. L. C. J. How long in June Hall He went away about the Twenty third of June L. C J. How came you to take such particular notice Mr. Oates was there all this while Hall I was a servant there L. C. J. In what way Hall A Resectorian a Butler L. C. J Did you keep Books of what meat and drink they had Hall No I laid their Table drew their Beer and laid the Bread L. C. J. And did you serve Mr. Oates with bread and Beer every day Hall Yes my Lord most Dayes L. C. J. Did you serve the Infirmary Hall No my Lord. L. C. J. But you say you served him every day Hall Yes