that by agreement Grove should have the fifteen hundred pound Mr. Bedlow He was to have it put into a Friends hands L. C. J. Do you know that Friends name Mr. Bedlow No my Lord I do not Mr. Finch Do you know when that was to be delivered out to him Mr. Bedlow As to the particular time of their agreement I do not know it Mr Finch But this he says That when the agreement was made he was to have fifteen hundred pounds L. C. J. And he says this Ireland was in August last with Pickering and Grove and others at a Consult where he waâ—â— also Ireland But what if I prove I was not in London all August last from the beginning to the end L. C. J. You heard them talk of this matter in August at Harcourts Chamber you say What did they talk of it as a matter they had agreed Mr. Bedlow My Lord they brought it in as being balked in their design of killing the King at Windsor and because that had not taken the effect they intended it they should have Conyers joyned with them to do it at Newmarket Mr. Finch Did they tell you when and where the agreement was made L. C. J. No he speaks not of that but they talkt of the failer at Windsor And therefore they did conclude that Conyers should be joyned to them to do it at Newmarket Mr. Bedlow Yes my Lord. L. C. J Have you any more to say Mr. Bedlow My Lord I would only say this If I had any to prove what I say they must be parties as well as these persons Ireland My Lord I will prove that I was not in Town in August all the month by twenty Witnesses I 'le bring those that saw me in Staffordshire and spâ—â—ke with me all August L. C. J. Have you any more to ask him Whitebread No. Mr. Serj. Baldwin Swear Mr. James Bedlow And he was sworn Ireland He does say That he was familiar with me and several other persons here and therefore I desire he may specifie the Place and the Company Mr. William Bedlow I do not say there was a Familiarity for I was a Stranger to that part of the Society L. C. J. You must take him right Mr. Ireland he hath not said that he was of your Familiar acquaintance Mr. Bedlow I have seen you often Sir Mr. Ireland Where Mr. Bedlow At Monsieur Le Faires Ireland Where was that Mr. Bedlows At Somerset-house Ireland Was there any one present besides Mr. Bedlow Yes several other Priests and Jesuites of Sumersethouse Jreland Name one Mr. Bedlow Seignior Perrare Ireland You say you saw me and Perrare together at Somersethouse I suppose if Seignior Parrare may be brought hither Mr. Bedlow My Lord Perrare is a Priest in Orders and without Doubt is in this business L. C. J. If he did see you he must see you in such company as you keep they were Priests and Iesuits and of your own Religion and we know very well what Answers we are like to be put off with by men of your own Perswasion at this time of day Jreland my Lord if no bodyes Oath can be taken that is of another Perswasion than the Church of England it is hard L. C. J. Pray mind you do not object ingeniously for you say this witness swears he saw me in such company why does he not produce them to testifie it why he does not come prepared to produce them if he should we know well how you are concern'd one for another at this time and we can hardly expect they should make true Answer But notwithstanding if you will produce this Father Perrare he cannot be sworn because t' is against the law but his Testimony shall be heard let it go as far as it can Mr. Bedlow If your Lordship pleases my Lord I would convince him that he does know me Have you not been Sir at Somerset-House â—reland Yes I have Mr. Bedlow Do you know Le-Fair and Perrare Ireland Yes but I never saw you in their company in Somerset house in my life above once or twice Mr. Bedlow Yes you were twice at Le Fairs L. C. J. Where is that Le Fair you would do well to produce him Mr. Bedlow my Lord he is gone away and is one against whom the Kings proclamation is out L. C. J. You keep such company as run away and then you require him to produce them whom the King's Proclamation cannot bring in Ireland I keep none but honest company Mr. Bedlow If your Lordship pleases I have one thing more that is very material to speakes at the same time that there was a discourse about these three Gentlemen's being to destroy the King at Newmarket at the same time there was a discourse of a designe to kill several Noble pâ—rsons the particular parts assigned to every one Knight was to kill the Earl of Shaftesbury Pritchard the Duke of Buckingham Oneile the Earl Ossery O Bryan the Duke of Ormond L. C. Just Well will you have any more of this Mr. Finch You say you saw Mr. Ireland say Masse where did you see him Mr. Bedllow Not Mr. Ireland but Mr. Fenwick I have seen him say Masse and at Wild-House Mr. Oates My Lord I did omit a Consult wherein there was a design laid of taking away the Duke of Ormond's life and of a Rebellion that was to be raised in Ireland My Lord in the month of January last there came letters from Arch-Bishop Talbot to London which letters were perused by Fenwick and Ireland and Whitebread and when they were perused they were sent and Communicated to the Fathers at St. Omers The contents of those letters were thus That the Catholicks had a fair prospect of effecting their design in the Kingdom of Ireland And this letter was inclosed in a letter signed by Whitebread Ireland Fenwick and others I name no mans name that is not here L C. Just You saw the Letter Mr. Oates Yes I did see it and read it wherein they did give thanks unto God that he was pleased to prosper their design so fairly in Ireland and withall they did say that they would not leave a stone unturned to root out that abominable Heresie out of that Kingdom Now what that abominable Heresie was I have nothing bur a conjecture L C. Just We all know what that is well enough there needs no proof of that M. r. Oatâ—â—s Jn the month of August Fenwick a little before he went to St. Omâ—â—rs on the one and Twentieth of August as I think it was that week that Barholomew fair begun on as I take it he was then going to fetch home the Provincial and to carry some Students with him and he went unto St. Omers the monday following but then there was a Consult and at that Consult Fenwick did consent to the contrivance of the death of the Duke of Ormond and for the Rebellion that was to be raised in Irelaâ—â—d after his Death And
indulged no offence so big but they can pardon it some of the blackest be accounted meritorious what is there left for man kind to lean upon if a Sacrament will not bind them unless it be to conceal their wickedness If they shall take Tests and Sacraments and all this under colour of Religion be avoided and signifie nothing what is become of all converse How can we think obligations and promises between man and man should hold if a Covenant between God and man will not We have no such Principles nor Doctrinâ—â—s in our Church we thank God To use any prevarications in declaring of the truth is abomniable to naturall reason much moâ—â—e to true Religion and 't is a strange Church that will allow a man to be a knave T is possible some of that Communion may be saved but they can never hope to be so in such a course as this I know they will say that these are not their principles nor these their practices but they Preach otherwise they Print otherwise and their Councels do determine otherwise Some hold that the Pope in Council is Infalible ask any Popish Jesuit of them all and he will say the Pope is Infalible himself in Cathedra or he is not right Jesuit and if so whatever they command is to be justified by their Authority so that if they give a dispensation to kill a King that King is well killed This is a Religion that quite unhinges all Pâ—â—ety all Morality and all conversation and to be abominated by all mankind They have some parts of the Foundation 't is true but they are adulterated and mixed with horrid Principles and impious practices They eat their God they kill their King and Saint the murtherer They indulge all sorts of Sins and no humane Bonds can hold them They must Pardon me if I seem sharp for a Papist in England is not to be treated as a Protestant ought to be in Spain if ye ask me why He give you this reason we have no such Principles nor practices as they have If I were in Spain I should think my self a very ill Christian should I offer to disturbe the Government of the place where I lived that I may bring in my Religion there what have I to do to undermine the tranquility peacâ—â— of a Kingdom because all that dwell in it are not of my particular perswasion They do not so here there is nothing can quench the thirst of a Priest and a Jesuit nor the Blood of men nor of any if he can but propagate his Religion which in truth is bâ—… his interest They have not the Principles that we have therefore they are not to have that common Credence which our Principles and Practices call for They are not to wonder if they keep no Faith that they have none from others and lâ—… them say what they will that they do not own any such things as we charge upon them and are like to go hard with them For we can shew them out of their own Writing and Counsels that they do justifie the power of the Pope in Excommunicating Kings iâ—â— Deposeing them for Heresie Absolving their Subjects from their Allegiance their Claiâ—â— of Authority both in Pope and Council is the surest Foundation they build upon I have said so much the more in this matter because their Actions are so very plaâ—â— and open and yet so pernicious and 't is a very great Providence that we and our Religion are delivered from Blood and Oppression I believe our Religion would haâ—â— stood notwithstanding their attempts and I would have them to know we are not afraiâ—â— of them nay I think we should have maintained it by destroying of them We should haâ—â— been all in blood 't is true but the greatest effusion would have been on their side aâ—â— without it How did they hope it should have been don There are honest Gentlemen I believe hundreds of that Communion who could not be openly won upon to engagâ—â— in such a design They will not tell them that the King shall be killed but they insinuatâ—â— into them that he is but one man and if he should die it were fit they were in readinâ—… to promote the Catholick Religion and when it comes to that they know what to dâ—â— When they have got them to give money to provide Arms and be in readiness on their specious pretence then the Jesuits will quickly find them work One Blow shall put ' er to exercise their Armes and when they have Killed the King the Catholick Cause must be maintained But they have done themselves the mischief and have brought misery upon their whole Party whom they have ensnared into the Disign upon other pretences than what was really at the bottom A Popish Priest is a certain seducer and nothing satisfies him not the Bâ—â—ood of Kings if it stands in the way of his Ambition And I hope they have noâ—â— only undeceived some Protestants whose charity might encline them to think them not so bad as they are but I believe they have â—â—shaken their Religion in their own party here whâ—â— will be ashamed in time that such Actions should be put upon the score of Religion I return now to the Facts which is proved by two Wittnesses and by the concurrent Evidence of that Letter and the maid and the matter is as plain and notorious as can be That there was an intention of bringing in Popery by a cruel and bloody way for I believe they could never have prayed us into their Religion I leave it therefore to you to consider whether you have not as much Evidence from these Two men as can be expected in a case of this nature and whether Mr. Oates be not rather justified by the Testimony offered against him than discredited Let prudence and conscience direct your Verdict and you will be too hard for their Art and Cunning. Gentlemen If you think you shall be long we will Adjourn the Court till the afternoon and take your verdict then Jury No my Lord we shall not be long Then an Officer was sworn to keep the Jury safe according to Law and they withdrew to consider of their verdict After a very short recess the Jury returned and the Clerk of the Crown spake to them thus Cl. of the Crown Gentlemen answer to your Names Sir William Roberts Sir William Roberts Here. And so the rest Cl. of the Cr. Gentlemen Are you all agreed in your verdict Omnes Yes Cl. of the Cr. Who shall say for you Omnes The Foreman Cl. of the Cr. Set William Ireland to the Bar. William Ireland Hold up thy Hand Look upon the prisoner How say you is he guilty of the High Treason whereof he stands Indicted or not Guilty Forman Guilty Cl. of the Cr. What Goods and Chattels Lands or Tenements Foreman None to our knowledg Cl. of Cr. Set Thomas Pickering to the Bar. Thomas Pickering hold up thy hand Look upon
knew what the business was but he did advise him that he should conceal himself lest the plot by observation should be discover'd We shall likewise produce several other evidences to strengthen and confirm the Witnesses we shall first call our witnesses and enter upon the proof Mr Finch opened the Evidence thus Mr. Finch May it please your Lord ship and you Gentlemen of the Jury before we call our witnesses I would beg leave once more to remind you of what hath already been open'd unto you the Quality of the Offenders themselves and the nature of the offence they stand indicted of For the Offenders they are most of them Priests and Jesuits three of them at the least are so the other two are the accursed Instruments of this Design for the offence it self 't is high Treason And though it be High Treason by the Statute of 27 Elizabeth for men of that profession to come into England yet these men are not Indicted upon that Law nor for that Treason This I take notice of to you for the prisoners sake that they should not fancy to themselves they suffered Martyrdom for their Religion as some of them have vainly imagin'd in their case and for your sakes too that as at first it was Treason repeated Acts of Treason in these men and those proceeding from a principle of Religion too that justly occasioned the making that Law so here you might observe a pregnant instance of it in the prisoners at the Bar That when ever they had an opportunity as now they thought they had they have never failed to put those principles into practice So now Gentlemen as they are not indicted for being Priests I must desire you to lay that quite out of the Case and only consider that they stand here accused for Treason such Treason as were they Lay-men only they ought to die for it though I cannot but observe they were the sooner Traitors for being Priests The Treason therefore they stand indicted of is of the highest nature it is a Conspiracy to kill the King and that too with Circumstances so aggravating if any thing can aggravate that Offence which is the highest that nothing less than the total Subversion of the Government and utter Destruction of the Protestant Religion would serve their turns And really when you consider the Root from whence this Treason springs you will cease wondring that all this should be attempted and rather wonder that it was not done Mischiefs have often miscarried for want of wickedness enough the Horror of Conscience or else the Malice of the Aggressor not being equal to the Attempt has sometimes prevented the Execution of it Here is no room for any thing of this kind This Treason proceeds from principles of Religion from a sense that it is lawful nay that they ought to do these things and every neglect here is lookt on as a piece of Irreligion a want of zeal for which one of the Prisoners did pennance as in the course of our Evidence we shall prove unto you And when we consider too that this is carried on not by the Fury of two or three busie men over zealous in the Cause but by the deliberate and steady Councels of the whole Order and that too under the Obligations of Secresie as high as Christian Religion can lay on them you have great reason to wonder that it did not succeed And yet after all this they have not been able to prevail Not that we can brag of any human policy that did prevent it No all that the Wit of man could do these men had done but 't was the Providence of God 't was his Revelation That Providence that first enlightened his Church and has preserv'd it against all opposition heretofore has once more disappointed their Councells and preserved the King and this Nation in the profession of that true Religion these men have vainly attempted to destroy Gentlemen I will not open to you the particulars of our Evidence that I had rather should come from the Witnesses themselves I shall only in general tell you what will be the Course of it We shall prove unto you That there was a Summons for a Consultation to be held by these men the 24th of April last from the Provincial Mr. Whitebread That they had a Caution given them not to come too soon nor appear much about the Town till the Consultation were over lest oacasion should be given to suspect the Design That accordingly a Consultation was held as they say to send Cary their Procurator to Rome Though we shall prove to you it was for other purposes That they adjourned from their general Assembly into lesser Companies where several persons did attend them to carry Intelligences of their several Resolutions That at these several Consults they did resolve The King was to be killed that Pickering and Grove should do it for which the one was to have 30000 Masses said for his Soul the other 1500 l. That in prosecution of this Design they made several attempts to execute it That they lay in wait for the King several times in St. James's Park and other places And that once in particular it had been done by Pickering if it had not pleased God to have prevented it by an Accident unforeseen The Flint of his Pistol being loose he durst not then attempt it though he had an Opportunity for which neglect we shall prove unto you he underwent the pennance of 20 or 30 strokes That when these men had failed we shall prove to you they hired four Ruffians to murther the King at Windsor and after that at Newmarket Thus they way-laid him in all his privacies and retirements wherever they could think it most convenient to execute their Design And this we shall prove by two Witnesses who though they should not speak to the same Consultations nor the same times yet they are still two Witnesses in Law for several Witnesses of several Overt-Acts are so many Witnesses to the Treason because the Treason consists in the Intention of the man in the Compassing and Imagining the Death of the King The several Overt-Acts which declare that intention are but as so many Evidences of the Treason we will call our Witnesses and make out what had been open'd to you Cl. of Cr. Mr. Oates lay your hand upon the Book The Evidence you shall give for our Sovereign Lord the King against Thomas White alas Whitebread William Ireland John Fenwick Thomas Pickering and John Grove the prisoners at the Bar shall be the truth the whole truth and nothing but the truth So help you God Mr. Serj. Baldwin Pray Mr. Oates will you declare to the Court and the Jury what Design there was for the killing of His Majesty and by whom Mr. Oates My Lord in the month of December last Mr. Thomas Whitebread did receive a Patent from the General of the Jesuits at Rome to be Provincial of the Order after he had received this
instructions or memorials or what â—â—se they called them First that Ten Thousand pounds should be proposed to Sir George Wakeman for the Killing of the King Secondly that care should be taken for the murder of the Bâ—â—shop of Hereford Thirdly that care should be taken for the murder â—â—f Doctor 〈…〉 sâ—â—t Fourthly that though this proposal was made to Sir George Wakeman 〈…〉 Pickering and Grove should go on still in their Attempts my Lord afterward 〈…〉 taken and Copied out and disperst to the several conspirators in the Kingâ—â—â—â—…mes I cannot call to mind But Coleman made several Copies and dispeâ—â—st them 〈…〉 â—â—hen the 10000 l was proposed to Sir George VVakmaâ—â— but it was refused L. C. J. What it was too Liâ—â— Mr. Oates Yes my Lord it was too Little Then Writebread he Writ from St. Omers that in case 10000 l. would not do 15 should be proposed and after that he had had that proposed he accepted of that L. C J. Were you by when he accepted it Mr. Oates No my Lord I was not But it appeared upon their entry Books and it appear'd by a Letter from this Gentleman Mr. VVhitebread wherein he did shew great deal of Joy for Sir George VVakemans accepting of the 15 thousand Pounds My Lord After this was agreed upon that Sir George Wakeman should have 15000 and 5000 of it was paid by Coleman or his Order Thus the state of affairs stood till August Then one Fogarthey who is dead came to a consult of the Jesuits with the Benedictus Now at this consult the Prisoner at the Bar Fenwick was he was one and Harcourt was another and in this consult there were four Ruffians recommended to them L. C. J. By whom Mr. Oates By Fogarthey they were recommended but accepted of by these consultoâ—â— and consented to by Fenwick they were sent away and the next day after 4 score pound was sent them the most part of it was Gold and Coleman was there and gave the messenger a Guiny to expedite his Errand my Lord In the month of August there came other Letters from Whitebread wherein he did give an account of what care he had taken of the Scotch Business and he ordered one Moor and one Sanders alias Browne to go down to Scotland and he did order the Rector of London then VVilliam Harcourt to send them and he did so send them the 6th of August in the name of the Provincial Whitebread From whence I pray Mr. Oates From London and they went to prosecute and carry on the design which Fenwick and Ireland had plotted of a Rebellion amongst the disaffected Scots against the Governors appointed them by the King and they sent down Ministers to Preach under the notion of Presbyterian Ministers in order to get the disaffected Scots to rise by insinuating the sad condition they were likely to be in by reason of Episcopal Tyranny as they termed it And that they were resolved to dispose of the King and they did intend to dispose of the Duke too in case he did not appear Vigorous in promoting the Catholick Religion I speak their own words L. C. J. Have you done with your Evidence What do you know of the Prisoners at the Bar name them all Mr. Oates There is Whitebread Ireland Fenwick Pickering and Grove Lord Ch. Just Are you sure Pickering and Grove accepted of the Terms Mr. Oates Yes my Lord I was there L. C. Just Where was it Mr. Oates At Mr. Whitebreads Lodgings at Mrs. Sanders house As for Grove indeed he did attend at that time upon Fenwick at his Chamber but after the consult was over he came to Whitebread's Lodgings and did take the Sacrament and the Oaths of secrecy upon it and did accept it and agree to it L. C. Just Were you there when he took the Sacrament Mr. Oates Yes my Lord I was L. C. Just Who gave you the Sacrament Mr. Oates It was a Jesuit that goes by the name of one Barton Whitebread my Lord before I forget it I desire to say this He says that at such and such consults in April and May he was present and carryed the Resolutions from one to an other There are above a hundred and a hundred that can testifie he was all that while at St. Omers Pray tell me when I received the Sacrament Mr. Oates At the same time Whitebread What day was that Mr. Oates The 24 h. of April Whitebread Was I there Mr. Oates you were there Whitebread I take God to witness I was not L. C. Just Mr. Whitebread you shall have time to make your Answer But Mr. Oates pray Mr. Oates when was Mr. Cary dispatched away to Rome and what was his Errand Mr. Oates my Lord I 'le tell you he was approved of to go to Rome the 24â—â—h of April in the Month of May or June Whitebread brings Cary over to St. Omers and one Mico his Secretary or companion with him L. C. J. When was it Mr. Oates In the month of May or June he was brought over by the Provincial Then went away on his Journy and at Paris received 2â—â— l. to bear his charges Mr. Finch What do you know of any attempts to Kill the King at St James Park Mr. Oates I saw Pickering and Grove several times Walking in the Park together with their Screw'd Pistols which were longer then Ordinary Pistols and shorter then some Carbines They had Silver Bullets to shoot with and Grove would have had the Bullets to be champ't for fear that if he should shoot if the Bullets were round the wound that might be given might be cured L. C. J. Did Grove intend to champ them Mr. Oates He did say so L. C J. Did he shew you the Bullets Mr. Oates I did see them Grove When was this Mr Oates I saw the Bullets in the month of May and in the month of June Whitebread Pray where did you see them Mr. Oates in Groves Possession Whitebread At what times Mr Oates in the month of May Whitebread Then was he Actually himself at St. Omers Was it in May or June Mr. Oates The latter end of May or June I saw them then twice if not thrice But Pickering's I saw in August Sir Cr. Levings do you know any thing of Pickerings doing Penance and for what Mr. Oates Yes my Lord In the Month of March last for these Persons have followed the King several years but he at that time had not look't to the Flint of his Pistol but it was Loose and he durst not venture to give fire He had a fair opportunity as Whitehread said and because he mist it through his own negligence he under went Penance and had 20 or 30 stroaks of discipline and Grove was chidden for his carelessness L. C. J. That was in March last Mr. Oates Yes my Lord. L. C. J. How do you know that Mr Oates By Letters that I have seen from Mr. Whitebread these I saw and Read and I know Whitebread's hand Mr.
it Whitebread My Lord we can provâ—â— L. C. J. You shall have time sufficient to make what defenee you can you shall be sâ—â— to have a fair tryal and be stopt of nothing that you will think fit to say for your selâ—â— Mr. Oates were Pickering and Grove present Mr. Oates Yes my Lord Grove at Fenwicks Chamber and Pickering at the Provincâ—â— chamber L. C. J. But they were not required to sign this were they Mr. Oates after that the whole consult had signed it and Mass was preparing to be 〈…〉 for it before Mass they did sign and accept of it L. C. J. Where did they two do it Mr. Oates At the Provincials chamber L. C. J. What day was it Mr. That day for they met all together at the Provincials chamber to receive the â—â—crament and when Mâ—â—ss was going to be said one said it was too late for it was after â—â— a 〈…〉 but Mr. Whitebread said it was not after noon â—â—iâ—â— we had din'd and you kâ—â—◠〈…〉 that Mâ—â—ssâ—â—s have been said at one or two of the clock in the afâ—â—ernâ—â—â— Mr. Just Atkins How many persons did meet at that Consult Mr. Oates My Lord there were about forty or fifty and after they had adjourned into several lesser Companies they met altogether at Mr. Whitebreads Chamber L. C. J. Where was that and when Mr. Oates That day at Wild-house L. C. J. Where was it that they gave the Sacrament Mr. Oates At a little Chappel at Wild-house Mrs. Sander's L. C. J. Did they accept it before they took the Sacrament Mr. Oates Yes Pickering and Grove did sign it before they took the Sacrament Mr. Just Atkins You tell us of an Oath of Secresie that was taken what was that Oath Mr. Oates I cannot give an account of the form of the Oath but it was an Obligaâ—â—ion of Secresie Mr. Just Atkins Did you see the Oath administred Mr. Oates Yes my Lord I did L. C. J. Who administred it Mr. Oates Mr. Whitebread he did give it unto me and to all the rest that were there and Mico held the Book it was a Mass-book but they were words of his own invention I believe they were not written down L. C. J. Can't you tell what they were Mr. Oates No my Lord I cannot tell because I did not see them written down L. C. J. If you will ask this Gentleman any thing more you may Whitebread My Lord I am in a very weak and doubtful condition as to my health and therefore I should be very loth to speak any thing but what is true We are to prove a Negative and I know 't is much harder to prove a Negative than to assert an Affirmative 't is not a very hard thing for a man to swear any thing if he will venture his Soul for it but truly I may boldly say in the sight of Almighty God before whom I am to appear there have not been three true words spoken by this Witness L. C. J. Do you hear if you could but satisfie us that you have no Dispensation to call God to witness a Lye Whitebread My Lord I do affirm it with all the Protestations imaginable L. C. J. But if you have a Religion that can give a Dispensation for Oaths Sacraments Protestations and Falshoods that are in the World how can you expect we should believe you Whitebread I know no such thing L. C. Just We shall see that presently before we have done Mr. Oates I have one thing more to say my Lord that comes into my mind This Whitebread received power from the See of Rome to grant out Commissions to Officers military And my Lord here are the Seals of the Office in Court which he hath sealed some hundreds of Commissions with which they call Patents L. C. J. What were those Commissions for for an Army Mr. Oates Yes my Lord for an Army Whitebread When were those Commissions signed Mr. Oates My Lord several of them were signed in the former Provincials time L. C. J. What I warrant you you are not Provincial of the Jesuits are you Whitebread I cannot deny that my Lord. L. C. J. Then there are more than three words he hath spoken are true Mr. Just Atkins I believe Mr. Oates that that Army was intended for something pray what was it for Mr. Oates My Lord they were to rise upon the death of the King and let the French King in upon us and they had made it their business to prepare Ireland and Scotland for the receiving of a foreign Invasion L. C. Just Who were these Commissions sealed by Mr. Oates My Lord the Commissions of the Great Officers were sealed with the Generals Seal L. C. Just Who was that M Oats His Name is Johannes Paulus de Oliva His Seal sealed the Commissions for the Generals Major-Generals and great Persons but those Seals that sealed the several Commissions to several inferior Officers were in the Custody of the Provincial L. Ch. Just Can you name any one person that he hath sealed a Commission to Mr. Oates I can name one To Sir John Gage which Commission I delivered my self L. Ch. Just What of Sussex Mr. Oates Yes of Sussex Mr. Justice Atkins Who did you receive the Commission from Mr. Oates My Lord when he went over he left a great many blank Patents to be filled up and he left one ready sealed for a Commission to Sir John Gage This was delivered into my hands when he was absent but it was signed by him and delivered to me while he was in his Visitation beyond the Seaâ—â— but I dare swear it was his hand as I shall answer it before God and the King Mr. Just Atkins Who had it you from Mr. Oates From Mr. Ashby but by Whitebreads appointment in his instructions which I saw and read L. Ch. Just What was the Commission for Mr. Oates To be an Officer in the Army L. Ch Just Did you see the Instructions left for Ashby Mr. Oates I did see them and read them and I did then as I always did give it as my judgment that it was more safe to poyson the King than to pistol or stab him Mr. Just Bertue Was the Commission which you delivered to Sir John Gage from Ashby or from Whitebread Mr. Oates I had it from Ashby but Whitebread who was then beyond Sea had signed this Commission before he went My Lord I have something more yet to say and that is as to Mr. Grove That he did go about with one Smith to gather Peter pence which was either to carry on the Design or to send them to Rome I saw the book wherein it was entred and I heard him say that he had been gathering of it Grove Where was this Mr. Oates In Cock-pit-Alley where you know I lodged Grove Did I ever see you at your Lodging Mr. Oates You saw me at my own door L. Ch. Just Why don't you know Mr. Oates Grove My Lord I have seen him before
day after Saint George's day which is the very time Oates speaks of and that they were not to come to Town too soon that the Design might not be discovered I would saiâ—â— know what the signification of that Clause might be And then it goes farther That it was to be kept secret as the nature of the thing doâ—â—h require which shews plainly there was such a Transaction on foot But the reason I urge it for is to shew you that it is a concurrent Evidence with Mr. Oates who had never seen this Paper till thâ—â—ee or four days after his Information was given in wherein he swears the time when this Agitation was to be and when they came to look upon the Papers it agrees with the time precisely Now they do not write in this Letter that they intended to kill the King but they write to caution them to keep the Design undiscovered and by that you may guess what they mean What is said to all this by the Prisoners but Denya's Ireland cannot deny but that he knew Mr. Oates and had been in his company sometimes Five times by Circumstances Mr. Oates hath proved so that they were acquaintance and it appears plainly there was a Familiarity between them Ireland objects that Bedlow charges him in August when he was out of Town all that time and that therefore the Testimony of one of the Witnesses cannot be true And to prove this he calls his Mother his Sister and Sir John Southcot's man and Mr. Gifford His mother and sister say expresly that he went out of Town the third of August and the Servant says that he saw him at St Albans the fifth of August and continued in his company to the sixteenth so that as to that there is a Testimony boâ—â—h against Mr. Bedlow and against Mr. Oates and Gifford comes and says he saw him at the latter end of of August and beginning of September at Wolverhampton whereas Mr. Oates hath sworn he saw him the twelfth of August and the first or second of September and tells it by a particular Circumstance wherein I must tell you it is impossible that both sides should be true But if it should be a mistake only in point of time it destroys not the Evidence unless you think it necâ—â—ssary to the substance of the thing If you charge one in the month of August to have done such a Fact if he deny that he was in that place at that time and proves it by Witnesses it may go to invalidate the Credibility of a mans Testimony but it does not invalidate the Truth of the Thing it self which may be true in substance though the circumstance of Time differ And the Question is whether the thing be true Against this the Council for the King have Three that swear it positively and expresly That Iâ—â—eland was here Here is a young Maid that knew him very well and waâ—â— acquainted with him and with his breaking up of Letters and she is one that was Grove's Servant she comes and tells you directly That about that time which by Computation was about the twelfth of August she saw him go into his own house which cannot be true if that be true which is said on the other side and she does swear it upon better Circumstances then if she had barely pitch'd upon a day for she must have satisfied me well for what reason she could remember the day so positively ere I should have believed her But she does it remembring her going to my Lord Arlingtons Service which was a week after the King went to Windsor which is sworn to be about the thirteenth of August and a week before her going it was that she saw Ireland at his own door What Arts they have of evading this I know not for aâ—â— they have tâ—â—rned their Learning into Subtlety so they have their Integrity too The Study of Politicks is their business and art which they make uâ—â—e of upon all occasions and I find them learned chiefly in Cunning and very subtle in their Evasions So that you see without great difficulty a man cannot have from them a plain answer to a plain Question But the Fact against them is here expresly sworn by two Witnesses if you have any reason to disbelieve them I must leave that to you Sir Dennis Ashburnham whâ—… 〈…〉 produced to discredit Mr. Oates sayes than when he was a Child there was little or â—…o Credit to be given to him and if the matter had depended solely upon his Testimoâ—â—y those Ieregularities of his when a Boy would have staggered his belief But â—â—hen the matter is so accompanied with so many other Circumstances which are material things and cannot be evaded or deny'd it is almost impossible for any man either to make such a Story or not to believe it when it is told I know not whether they can frame such a One I am sure never a Protestant ever did and I believe never would invent such a one to take away their lives Therefore it is left to your Consideration what is sworn The Circumstances of swearing it by two Witnesses and what reasons you have to disbelieve them It is most plain the Plot is Discovered and that by these men and that it is a Plot and a Villanous one nothing is plainer No man of common understanding but must â—â—ee there was a Conspiracie to bring in Popery and to destroy the Protestant Religion and we know their Doctrines and practices too well to beâ—â—ieve they wil stick at any thing that may effect those ends They must excuse me if I be plain with them I would not asperse a profession of men as the Priests are with hard words if they were not very true and if at this time it were not very necessary If they had not Murthered Kings I would not say they would have done ours But when it hath been their Practice so to do When they have debauched mens understandings overturned all morals destroyed all Divinity what shall I say of them When their humility is such that they tread upon the necks of Emperors their charity such as to kill Princes and their vow of Poverty such as to covet Kingdoms what shall I judge of them When they have Licences to lie and indulgences for faâ—â—hoods nâ—â—y when they make him a Saint that dyes in one and then pray to him as the Carpenter first makeâ—â— an Image after worships it and can then think to bring in that Woodden Religion of theirs amongst us in this Nation What shall I think of them what shall I say to them what shall I do with them If there can be a dispensation for the taking of any Oath diverse instances may be given of it that their Church does Lycence them to do so it is a cheat upon mens Souls it perverts breaks off all conversations amongst mankind For how can we deal or converse in the world when there is no sin but can be
the prisoner How say you is he Guilty of the same High Treason or not Guilty Foreman Guilty Cl. of Cr. What Goods or Chattels Lands or Tenements Foreman None to our knowledge Cl. of Cr. Set John Grove to the Bar. John Grove hold up thy hand Look upon the prisoner How say you is he Guilty of the same High Treason or not Guilty Foreman Guilty Cl. of Cr. What Goods or Chattels Lands or Tenements Foreman None to our knowledge Cl. of Cr. Hearken to your verdict as the Court hath recorded it You say that William Ireland is Guilty of the High Treason whereof he stands indicted You say that Thomas Pickering is Guilty of the same High Treason You say that John Grove is Guilty of the same High Treason And for them you have found Guilty you say that they nor any of them had any Goods or Chattels Lands or Tenements at the time of the High Treason committed or at any time since to your knowledg And so you say all Omnes Yes Lord. Ch. Just You have done Gentlemen like very good Subjects and very good Christians that is to say like very good Protestants And now much good may their Thirty Thousand Masses do them Then the Court adjourned by Proclamation till four in the Afternoon In the Afternoon the same day about 5 of the Clock Mr. Recorder and a sufficient number of the Justices returned into the Court the Judges being departed home and Proclamation was made for attendance as in the Morning Then the Clerk of the Crown called for the prisoners Convicted of High Treason and spoke to each of them thus Cl. of the Cr. Set William Ireland to the Bar William Ireland hold up thy hand thou standest Convicted of High Treason what canst thou say for thy self why the Court should not give thee Judgment to dye according to Law Ireland My Lord I represented all along from the beginning that we had not time to call in our Witnesses to justifie our Innocence Mr. Recorder If you have any thing to say in stay of Judgment you have all free liberty to say it Ireland We had no time allowed us to bring in our Witnesses so that we could have none but only those that came in by chance and those things they have declared though true were not believed Mr. Recorder These things Mr. Ireland you did not object before the Jury gave their verdict now they have given their verdict and found you guilty if you have any thing to say to the Court why they should not proceed to Judgment according to that verdict you may speak it but for these things it is too late Ireland My Lord I have onely this to say I Desire more time to be heard again and to call in my Witnesses Mr. Recorder Call the Executioner to do his Office Ireland There are Testimonies my Lord that I could produce of my Loyalty and my Relations fidelity to the King Mr. Recorder I believe Mr. Ireland it will be shame to all your Relations that have been Loyal to the King that you should be privy to the murther of that good King whom your Relations so well served and therefore if that be all that you have to say it will signifie nothing The Executioner not appearing the Sheriff of Middlesex was called to come into Court and give his attendance upon pain of 40 l. But the Executioner coming in was with a reproof from the Recorder for his negligence commanded to tye him up which he did Cl. of Cr. Set Thomas Pickering to the Bar. Thomas Pikering Hold up thy hand Thou art in the same case with the Prisoner last before thee what canst thou say for thy self why the Court should not give thee Judgment to dye according to Law Mr. Recorder What does he say for himself Capt. Richardson He has nothing to say Mr. Recorder Then tye him up Cl. of Cr. Set John Grove to the Bar. John Grove hold up thy hand thou art in the same case with the Prisoner last beâ—â— re thee what canst thou say for thy self why the Court should not give thee Judgment to die according to Law Grove I am as innocent as the Child unborn Cl. of Cr. Tye him up which was done C. of Cr. Cryers on both sides make Proclamations Gryere O Yes All manner of persons are commanded to keep silence whilst Judgment is upon pain of Imprisonment Peace about the Court. Mr. Recorder Where is the Keeper shew me the Prisoners William Ireland Thâ—â—mas Pickering and John Grove Cap. Richardson Those are the three Mr. Record You the prisoners at the Bar you have been arraigned for a very great offence for the greatest that can be commited against any Authority upon Earth for high Treason against your King with all the aggravation that possible can attend so great a crime as that is for you did not only strike at the life of the best of Kings but you intended the subversion of the best of Religions wharever you may apprehend yet all men that will â—â—ay their hopes of salvation upon any thing that is fit for a man to lâ—â—y his hopes upon which is upon the Merits of a crucified Saviour and not upon your Masses Tricks or Trumperies â—â—o abhor the thoughts of promoting their Religion by Massacring Kings and murdering their Subjects And though we whom you call Hereticks abhor to own any such Religion yet we are not afraid to tell you and all others who are ensnared into your principles we will maintain the Religion and the Government as it is Established with our lives and fortunes And it is fit that it should be known that we who live under the Government of so mild and pious a Prince and in a Country where so good so moderate a Religion is establisht by Law will not be affrighted by all your Murders Conspiracies and Designs from declaring that they who dare Kill Kings and Massacre their Subjects â—â—e the highest violaters not only of the Laws of the Land but of that great Law which â—â— good Christians and Protestants think themselves obliged to pay great Reverence and obedience to I mean the Law of God Almighty himself This I speak to you Gentlemen not vantingly 't is against my nature to insult upon persons in your sad condition God forgive you for what you have done and I do heartily beg it though you don 't desire I should for poor men you may belive that your interest in the world to come is secured to you by your Masses but do not well consider that vast eternity you must e're long enter into and that great Tribunal you must appear before where his Masses speaking to Pickering will not signifie so many Groats to him no not one Farthing And I must say it for the sake of these siâ—â—ly people whom you have imposed upon with such fallacies That the Masses can no more save thee from a future damnation then they do from a present condemnation I do not speak