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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	king_n	realm_n	statute_n	7,701	5	8.0873	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

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

Grove should Murther the King and that therefore Whitebread and the rest of the Persons Indicted should say a Number of M●sses for the Soul of Pickering And Grove for this piece of service was to have a Sum of Money And the Indictment says further that these persons did take the Sacrament to commit this Treason with more secrecy and that they did likewise Prepare Excite Abet and Counsel Four other unknown Persons to kill the King at Windsor All these Facts are said to be done Advisedly Maliciously Traiterously and Devilishly and against their Allegiance to the King To this they have pleaded Not Guilty if the Kings Evidence prove it you are to find it so And then Sir Creswell Levinz one of the King 's Learned Council in the Law proved the charge thus Sir Cr. Levinz May it please your Lordship and you Gentlemen of the Jury Th●se Prisoners at the 〈◊〉 by Persuasion Papists by Order and D●●●●● th●● are all Priests By the Law of the Land viz By a Statute made the 27th of Eliz. They are all Guilty of Treason for being Priests and they might be Tryed as such and ought todye for it but that is not the Fact that they are Charged with nor will they have the satisfaction to●ay that they suffer for their Religion No they are charged with a Treason of a blacker and darker Nature And tho I must tell you that it is now almost 100 years ago since that Statute was made against Priests coming into England Yet Examples have been very rare that any of this sort of Men have dyed for their Religion within that Queens time or any of her Successors yet they have dyed upon worse accompts and upon such accompts as they are now brought to this Bar for Such is the difference between their Religion and Ours they have been suffered to live here under a Law by which they ought to dye They kill the Protestants by Thousands without Law or Justice witness their Bloody doing at Mirendol Their Massacre as Paris Their Barbarous cruelty in Ireland since the year 1640. And those in Piedmont since 1650. But these are not the crimes they are charged with they are not accused for their Religion but for the blackest and darkest Treason that men can be charged with They are charged with an endeavour to Murder the King under whose protection they lived This murther of the King hath been carried on in the Design of it with all the malice and Resolution that can be from the first time that we can give you an account of it which was the 24th of April 1678. When these persons and several others did first Assemble about other matters of their own and among the rest to Murther the King there they came to Resolution that it should be done and persons were appointed to do it these were Grove and Pickering who have been Executed for it They were to kill the King in St. Jame's Park but it pleased God that the Flint of the Pistol failed to which we are more beholding than to them that he escaped that time They were not satisfiyd with that but they send down Four Butchers to murther him at Windsor who being disappointed they sent down Others after that to Murther him at New-Market and when all these failed they had Recourse to that Treacherous and Vnmanly way of Poysoning him and hired one so to do and they did not only intend to Murther the King but to make it good by force when they had done They intended to raise an Army they had got Commissions to several persons in the Kingdom to command these Forces They designed to raise 50000 men to maintain the Injustice when then they had done it And that was not all they had a recourse to Forreign assistance and depended upon Forreign succours if they were not made good at home Gentlemen they have been disappointed in all these things they had an intention further as I find it in my brief to make a general Massacre of all Protestants here A thing that they have done and we have heard of abroad but thanks be to God we never knew it Experimentally at home And I hope God that hath preserved us hitherto will preserve us still The mercy these Men have met with in being suffered to live under the danger of the Statute by which they might have justly dyed hath not prevailed upon or bettered them at all but been turned into Monstrous Ingratitude and made them more desperate than other people would have been Gentlemen when all this is opened I must tell you if th●se Persons be innocent God forbid they should suffer but if they be Guilty surely they are not fit to live among Men And truly if they be Guilty they do not only deserve to dye but to dye a more Cruel and miserable death then either the mercy of our Prince or the moderation of our Laws hath provided for such Offenders I shall detain you no longer but will call the Witnesses and then you shall Judg whether they be Guilty or not And we begin with Mr. Oates Who was Sworn Sir Cr. Levinz Pray what can you say to these Gentlemen begin with Mr. 〈…〉 Lord Ch. Just Mr. Oates apply your Evidence as distinctly as you can to one Person at first unless where the matter will take in all or more then one of them Dr. Oates My Lord I have Evidence I desire may be called in I shall have occasion to use them Gavan It may be inconvenint He may instruct his Witnesses Lord Ch. Just North. No he shall not for we will take care of that But name your Witnesses Dr. Oates There is Sir Richard Barker Mr. Walter a Minister Mrs. Mayo Philip Page Mr. William Smith and one Mr. Clay Mr. Butler Mrs. Sarah Ives Mr. Just Atkins Take a Note of their Names and send for them Lord Ch. Just Now Mr. Oates go on with your Evidence And when there is occasion to make use of these persons they shall be call'd Dr. Oates The prisoner at the Bar Mr. Whitebread was made constituted Provincial so as it was publickly known to us in the month of December last was 12 month he did Order by Vertue of his Authority one Father George Conyers to preach in the Sodality of the English Seminary on the Holyday which they call St. Thomas of Canterbury i. e. Thomas of Beckets day in which there was Order given that Mr. Conyers should Preach assert this Doctrine That the Oaths of Allegiance and Supremacy were Heretical Antichristian Devillish accordingly this Order was Executted and the Sermon preached Mr. Whitebread in the month of January wrote Letters or at least-wise in the beginning of February I will not be positive as to the time because it does not occur to my memory to St. Omers concerning the State of Ireland of which he had an accompt from Arch-bishop Talbot who wrote him word that there were several Thousands of Irish that were ready

J. Mr. Corker you have heard the Indictment read● 〈◊〉 what it consists of a Traiterous endeavour to subvert the Government to Mor● 〈◊〉 King to change the Protestant Religion into Popery if you have any witnesses that can be serviceable to you as to these matters name who they are and where they live if you cannot you had as good take your Tryal now as at another time Corker I not only have no witnesses ready but there are substantial circumstances which peradventure may arise which may induce your Lordship to believe me innocent and therefore I humbly beg I may stay some short time to consult with those that are better skill'd in the Law than I am L. C. J. What do you mean to have counsell assigned you Corker My friends my Lord. Lord Ch. Just Every man knows his own case be●● you have been bread a Scholar and so you cannot be so ignorant as other men ar● you can tell whether you have any Witnesses that you think are material for your defence Corker That day of the 24 th of April spoken of in the Indictment I truly and really believe I was not in Town that day but I cannot positively prove it because I heard not of it before Lord Ch. Just Is there any body that can testifie where you were that day can you name any one Corker Yes I believe I can name one and that is one Alice Gaton that is now 30 miles out of Town at Tunbridge who can prove where I did go about that time Lord Ch. Just I l'e tell you what if my Brothers will this woman you suppose can say something for you we will respite your Tryal for to day send some body for her and we will Trie you to morrow Lord Ch. Just North. Or any other Witnesses for as to this 24 th day of April it is known to all the world to have been the day of the Consult But because you pretend a surprise I must tell you that Mr. Attorny sent you notice with the rest but because you might be led into another opinion that the Council did not order it you have the favour to be put off till to morrow Get your Witnesses ready if you can Lord Ch. Just If you have any other Witnesses or desire any order for their appearance let us know it Corker I desire I may have liberty to have my Tryal put off till Monday Lord Ch. Just North. No it cannot be Monday is the Assogin day and then the Commission will be out Lord Ch. Just Call the Jury Cl. of Cr. Thomas White alies Whitebread hold up thy hand and so as to the rest You the Prisoners at the Bar those men that you shall hear call'd and personally appear are to pass between our Soveraign Lord the King and you upon Tryal of your several lives and deaths if therefore you or any of you will challenge them or any of them your time is to speak unto them as they come to the Book to be sworn and before they be sworn Call Sir Philip Matthews Whitebread We Challenge him my Lord that there may not be any further trouble it is our general Petition that none of those that were for any of the former Tryals may be of this Jury they having already pass'd their Judgment upon the Evidence they have heard Lord Ch. Just You may Challenge them And therefore speaking to the Clerk of the Crown dont take any that were upon the last Jury for this cause Gavan Nor any of the former Juries we do this that we may avoid giving your Lordship any farther trouble because if we should stay upon particulars we should too much trouble the Court. Lord Ch. Just North. Look you I will tell you by the way you have the liberty to Challenge peremptorily so many All we can do is to give direction to the Clerk if he do not pursue it we do not know them we can't tell you must look after that Mr. Recorder You have the Books wherein are notes of all their names by you Then The Jury that were Sworn were these Twelve JURY Thomas Harriott William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kaine Richard White Richard Bull and Thomas Cox Cl. of Cr. Cryer count these Thomas Harriott Cryer One c. Cl. of Cr. Thomas Cox Cryer Twelve good men and True stand together and here your Evidence Then the usual Proclamation for Infornation was made and the Jury-men of Middle-sex Summon'd and not Sworn were dismiss'd till next morning eight of the Clock Cl. of Cr. Thomas White alias Whitebread hold up thy hand and so to the rest You Gentlemen that are sworn look upon the Prisoners and hearken to their Cause they stand indicted by the names of Thomas White c. put in the indictment Mutatis Mutandis and against the form of the Statute in that case made and provided Upon this Indictment they have been Arraigned and thereunto have severally pleaded not Guilty and for their Tryals have put themselves upon God and their Country which Country you are Your charge is to enquire whether they or any of them are Guilty of the high Treason whereof they stand Indicted or not Guilty If you find them or any of them Guilty you are to enquire what Goods or Chattels Lands or Tenements they had at the time of the High Treason committed or at any time since If you find them or any of them not Guilty you are to Enquire whether they fled for it if you find that they fled for it you are to Enquire of their Goods and Chattels as if you had found them Guilty If you find them not Guilty nor that they nor any of them fled for it say so and no more and hear your Evidence Then Mr. Belwood of Counsel for the King in this cause open'd the Indictment thus Mr. Belwood May it please your Lordship and you Gentlemen of the Jury The Prisoners at the Bar Thomas White alias Whitbread John Fenwick William Harcourt alias Harrison John Gavan and Anthony Turner together with James Corker stand Indicted of High Treason 't is charged in the Indictment That the 24 th of April in the 30 th year of the King that now is These persons with other Traitors unknown did purpose and conspire to stir up sedition and Rebellion to cause a miserable slaughter of the Kings Subjects to depose the King of his Government and bring him to death and to change the Government and Religion by Laws established and to Levy war against the King And 't is further charged in the Indictment that pursuant of this intention of theirs and the better to bring it to pass They did Assemble Consult and agree First to bring his Maiesty to death to Murther the King and thereupon to change the Religion Established by Law to the Superstition of the Romish-Church and to subvert the whole Government and it was agreed that Pickering and

in Oates or Bedlow's power to shew that Commission this is just like that of the Bill of Exchange neither does it in any of the letters Fenwick Here is Mr. Hilsly my Lord. Whiteb. My Lord we pray we may have the favour that they may be sworn Lord Chief Just North. By law they cannot L. C. J. N. In no Capital case against the King can the witnesses for the Prisoner be sworn but I will say this to the Jury That they are not sworn is because they cannot but the Jury is to take great heed of what they say and to be governed by it according to the credibility of the person and of the matter Gavan My Lord if you please to give me leave my Lord Coke in his Institutes sayes expresly That there is no positive Law against it his words are there is not so much as scintilla Juris against it L. C. J. No. We know that the constant usage and practice is so and you cannot produce any man that in any Capital case had his witnesses sworn against the King L. C. J. My Lord Coke says otherwise That the evidence should be so plain that nothing could be answered to it and therefore no evidence should be sworn against the King Gavan My Lord those are the words of my Lord Coo. L. C. J. You argue against the known practice of all Ages L C. J. No. There never was any man in a Capital cause sworn against the King The common Law is the custome of the Kingdom and we are bound to know it and must all be governed by it Whitebread In mr Ireland's Tryal pag 35 36. he says he came over with Sir John Warner Father Williams and mr Hilsley from St. Omers Mr. J. Pem. Nay you must not resort to the printed Tryals for evidence Fenwick If we can prove him perjured at any time I hope we may L. C. J. Suppose upon the taking of those printed Tryals they mistake shall mr Oat therefore be thought guilty of perjury If you have any thing to ask of your Witnesses which you can apply to the evidence given now you may Fenw. Mr. Oates did not you your self own then you came over with mr Hil●sh Dr. Oates Ask me any question about what I have given to day and if the Bench think it rea●●nable 〈…〉 answer it Fen. My Lord he 〈…〉 m that he came over with these persons in which he is for swrrn L. C. J. He is not convicted of perjury and therefore that must not be urged Fen My Lord we will prove by witnesses that were at the Tryal that he did affirm so And I do desire now to know ●f you M●●● whether ever you came over with mr Helsly Dr. Oates That which I said then and that which I say now is because you should not puzzle your selves that one Mr. Hilsly did come over with us when we did Hilsly My Lord I did not L C J How can you tell Hilsly I left him at St Omers L. C. J What say you Mr. Oates Dr. Oates 'T is true mr Hisly did leave me at St. Omers because he went out a Sunday morning and I came out of the munday morning but I overtook him at Calis Hilsly my Lord that is false and I have a great many here that can prove it L. C. J. What Religion are you of Hilsly I am only to serve his Majesty L. C. J. Are you not to serve God too Hilsly I am first to serve God and then his Majesty Mr. J. Pemberton Are you a Catholick L. C. J. Are you a Roman Catholick Hilsly Yes my Lord I am Mr. J. Pemberton Be not ashamed of your Religion do not deny that your Provincial here can give you a dispensation for what you say Hilsly I hope a Roman Catholick may be a lawfull witness L. C. J. Yes I deny it not This is that you say you left him at St. Omers you must call more Witnesses to back him Master Oates sayes 't is true you left him at St. Omers but he overtook you at Calis Dr. Oates This Gentleman lost his money at Calis and Father Williams did relieve him by my means Lord Chief Just What say you to that Hilsly Why my Lord yes it is true I did lose my money there but it is nothing to the purpose for I will affirm I was never in the ship with him in all my life Dr. Oates I desire he may be asked whether he be in the degree of a Priest or not L. C. J. That would be a hard question to put to him to make him accuse himself It would bring him into danger of Treason Mr. J. Pemberton He is a Boy very fit to make a Jesuit of L. C. J. How could he then come to know this Hilsly I confess 't is true that Mr. Oates did never come over with me And I have Witnesses to prove that they saw him there next day at St. Omers and two or three several weeks after Sir Christopher Levins Mr. Oates hath another Circumstance to prove it by Dr. Oates He went away from us by the way and did not come up with us to London Hilsly I know how he understood ●his There was a Gentleman that the Witnesses will prove he was very familiar with the 2d of May that told him L. C. J. Is that Gentleman here Hilsly Here is one here to prove it L. C. J. And did he tell him how you lost your mony Hilsly Yes my Lord I suppose so L. C. J. I speak seriously I do not understand how he could come by these things Parry my Lord I can testifie if it were lawful for us o wear and prove that he was at Saint Omers that day when he says he came over L. C. J. What is your name Parry my name is William Parry L. C. J. What Country-man are you Parry I am a Flintshire man L. C. J. When was he at St. Omers Parry He was there that 25th day that day he says he came over L. C. J. Was he there all day Parry He did not stir thence all the day L. C. J. How can you tell that Parry I din'd with him that day he went into the Infirmary he did not go out of the Colledg he was sick Fenwick Mr. Parry how long did Mr. Oates stay there at St. Omers Parry He staid till after the 20th of June I am sure for on the 20th of June I know he was present by a very good circumstance he was at an Action of ours a Latine Play Dr. Oates My Lord as to the going into the Infirmary at that time I deny it My Lord if your Lordship please I will shew that this Gentleman is not only a Votary of the Jesuits but hath been one of the Sodality several years And they have Dispensations and are bound by an implicite obedience to say what the Jesuits bid them who are their Superiours L. C. J. What say you to the 20th of June the time he says

received a verdict and a judgment there for consider what will be the consequence of it if it should be false you there arraign a verdict You should have convicted him of the falshood first Whitebread I desire the Jury to take notice that he does not stick to the Testimony that he gave then for if he does it was false Lord Chief Just They must not take notice of any thing that was done at a former Trial unless it be spoken of now Lord Chief Just North Do not call any Witnesses to prove what he said then but to disprove what he hath said now Lord Chief Just 'T is a pretty hard matter to make a Priest understand one for what I see If the Witness shall not gain credit with the Jury that he came over with Sir Thomas Preston Sir John Warner if they are satisfied by those many Witnesses ten or twelve at least that it is false they ought not to believe him but as to that Testimony they ought to believe your Witnesses but he is not presently guilty of perjury for if they should not give ●redit to Mr. Oates you must indict him and another Jury must pass upon him before he is convicted for it is one thing to be forsworn and perjured and another thing to be proved so and he is not proved to be so but by a Record for that purpose Harcourt If so be our Witnesses cannot be lookt upon as good Witnesses then there can be no Commerce abroad in any other Country Lord Chief Just They are no doubt good Witnesses till they be proved otherwise and they are left to the Jury to believe as they think fit Harcourt Now here are divers things that are brought against my self by Mr. Bedlow Mr. Prance Mr Oates and Mr Dugdale if the Witnesses that I bring because they are Roman Catholick are not good Witnesses then I am in an hard case Lord Chief Just North Look then you mistake the thing those that are not Witnesses we do not hear at all but our hearing them at all proves that we look upon them as good Witnesses But when a man is a Witness he is either of more credit or of less credit according to Circumstances and 't is a proper question to ask them Whether they are Roman Catholicks but they are Witnesses without all question Harc I say my Lord these persons are known to be every one of them very bad and flagitious persons and that every one of them have undertaken this course meerly to get a livelihood they are men of desperate fortunes they get a living by swearing fast they find that the best trade Lord Chief Just North If you have any other Witnesses we will hear them If you have have no other Witnesses then we must hear what the Kings Council reply and then it will be your turn to say what you can in your defence Gaven I have Witnesses here It is not indeed a positive Evidence but a negative Evidence and I have a Brother and a Sister in Town and upon my salvation I never came to Town but I came to their house Lord Chief Just That will signifie nothing Mr. Harcourt have you any more Witnesses if you have them pray call them Harcourt 'T is in vain to call them if they be not to be believed because they are Roman Catholicks Sir Cr. Levins 'T is a mistake we do not refuse any Witnesses because they are Roman Catholicks Lord Chief Just No we have not refused any one Point yet Lord Chief J. North If you have any more pray call them and don 't spend the time Lord Chief Justice Call a Priest or two if you will we will hear them Harcourt Mr. Oates did accuse me of paying fourscore pounds at my chamber and he did say afterwards it was at Wildhouse I have persons to justifie what was done at my own chamber and he says Mr. Ireland was by now here are Witnesses to prove that Mr. Ireland was in Staffordshire all the month of August therefore he could not be present Lord Chief Just Does he say any such thing now Mr. Just Pemberton That was urged before pray do not insist upon that it hath received a Trial. Lord Chief Just I 'le tell you what he says and I 'le ask him the question Dr. Oates it is supposed by your testimony that Mr. Ireland and Mr. Harcourt were together when this fourscore pounds was paid for the Villains that went to Windsor to murder the King Dr. Oates I never said such a word Harcourt Here it is in the Trial. Lord Chief Just I stand not by the Printed 〈…〉 is no Record in Law In short Were Mr. Ireland and Mr. Harcourt together 〈◊〉 time Dr. Oates No they were not Gaven He did then say that he did receive of Mr. Ireland the 2 d of September 20 s. that he borrowed of him now the 2 d of September he was at Boscobel Dr. Oates My Lord I was not positive as to the day but as near as I remember those were the words I said it was the second of September but whether it was the first second seventh eighth or ninth I would not be positive in it Then the Prisoners called Pendrel and his Wife and Gifford and his Wife and Gifford stood up Gifford My Lord I was here the last Sessions where I did testifie the seeing of Mr. Ireland in Staffordshire on the 24 th of August Bartholomew-day and the next day after at which time Mr. Oates said that he saw him here in Town But Mr. Oates could not be particular in every thing but at last he came to a circumstance and averred that the first or second of September he did receive Twenty shillings of Mr. Ireland in Harcourts Chamber he said it was about the Fast day Dr. Oates That was as near as I remembred Gifford Here is in Court at least six people that know it I saw him several other of those days there but these six people converted with him every day Mr. Just Pemberton How do you know al that Lord Chief Just North Come come you must not speak as to what he said in Irelands Trial. Lord Chief Just What time was it that Mr. Harcourt and Mr. Ireland conferred together about this same business Dr. Oates My Lord I do not charge Ireland but I charge Harcourt with being at Wildhouse and that there Coleman met him and that there was the greatest part of the money which was carried back to Harcourts Chamber and given to the person that was to carry it down to Windsor but Mr. Coleman was gone away before and had lest a Guiney behind him which was given to the messenger for expedition Lord. Chief Just I am mistaken if you have not testified that Ireland was in Town in August and September with Harcourt Dr. Oates Ireland took his leave of London betwixt the 8 th and the 12 th of August as to go to St. Omers Lord Chief Just Here is the matter they