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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
in all my life and this is four years since Then said I what will serve your turn he told me twenty shillings which I lent to him and I never saw his face afterwards till I met him at the Privy Council and therefore how should a man believe a word he says Lord Chief Justice But how shall a man know that what you say is true Mr. Bedloe I will make it appear at the Tryal of the Lords that I sent to him for ten pounds and had it I cannot now prove it without bringing some Witnesses that I have behind a Curtain and I will not discover them till then they shall not know who they are Mr. Justice Windham Will you ask him any Questions Mr. Bedloe My Lord I have not said the one hundreth part of what I can say honestly and like a Christian of Mr. Harcourt Harcourt You may say what you will but you wont speak Truth Mr. Bedloe Mr. Harcourt went with me to Mr. Colemans when I carried over the Consult There was the greatest part of the Design in that which I was to carry over to Saint Omers and that Consult did I fetch from Mr. Coleman and Mr. Harcourt was with me and I had thanks from Mr. Coleman for my Fidelity in the Business and Expedition in bringing and carrying the Pacquets I was recommended to my Lord Arundel by Mr. Harcourt and was promised by his Lordship all the Friendship and Favor imaginable when the Times were turned Lord Chief Justice Why here you see he names several places and times wherein he met with you Harcourt N●t one word of all this is true Mr. Bedloe I desire you to ask Mr. Harcourt my Lord Whether he was not in August or September last in company with me and Le Faire Harcourt Le Faire I know no le Faire Mr. Bedloe Le Fevre then Harcourt Le Fevre I believe I did see at that time but not since Mr. Bedloe Prichard did recommend the care of me to him Lord Chief Just There he names another time when you and Prichard were there together Mr. Bedloe Prichard was my Confident and my great Friend and told them This is a person whose Fidelity you have tried in carrying over such and such letters and therefore you may very well trust him and take care of him and so he recommended me as one that was really sit to understand the bottom of the Design And Prichard did tell me before them that the King's death was intended as a part of it and he sent me again another time to Mr. Harcourt but it was about no material business and Harcourt gave a Bill of Exchange to carry to what Citizen I don't know but to Sir Geo●ge Wakeman to have 2000 l. by whose Orders as they said your Lordship shall know upon his Tryal but I saw Harcourt give him the Bill of Exchange Mr. Justice Dolben Who gave the Bill Mr. Bedloe It was Harcourt my Lord. Harcourt Who was by when this Bill was given Mr. Bedloe Kaines and Sir William Anderson Harcourt How was this Bill drawn Mr. Bedloe It was drawn upon a Citizen and lest in your hands Harcourt I desire he may name the Citizen and if he can make it out if he do it will appear upon the merchants Books Mr. Bedloe Sir George Wakeman received a Bill of Exchange from Mr. Harcourt and he was told here is a Bill of Exchange for 2000 l. as part of a greater Sum to which Sir George Wakeman answered that 15000 l. was a small Reward for the settling of Religion and preserving of the three Kingdoms from Ruine but if it were not for such a Woman he would never undertake it but for her he would do any thing And after he had given Sir George Wakeman the Bill Sir George Wakeman opened it and read it but I did not read the name that was to it Fenwick My Lord it seems not sufficient proof that he says he saw a Bill of Exchange unless he says from whom and to whom that it may be proved by the Books or otherwise Lord Chief Justice You say well Mr. Fenwick if so be he had been the person concerned in the Bill that he were either one that drew it or was to receive the money then it were strange that he would not know the parties to it but I must tell you where he was not one nor the other it was a collateral matter Do people take notice of every particular Bill of Exchange that they see which they are neither to pay nor receive Fenwick But what reason does he give your Lordship or the Jury to believe that there was such a Bill unless he does produce either the Bill or the person that paid it Mr. Bedloe I did only see the Bill out of Mr. Harcourts hand but it was read there only by Sir George Wakeman Lord Chief Justice Is it a pin matter whether there were such a Bill or no or whether he had mentioned it or no Fenwick But seeing he hath mentioned it I say there is nothing of proof of it but only his bare word L. Chief Just Yes there is his Oath Sir Cr. Levins And I desire the Jury to take notice how unreasonable a thing it is that you ask You would have Mr. Bedloe produce the Bill of Exchange that was given to Sir George Wakeman to receive money Mr. Bedloe I have only one word more Sir George Wakeman received the Bill of Exchange from Mr. Harcourt read it himself folded it up and went and received the money and that the Court will be pleased to see my Commission for now I have is here Which was read by my Lord Chief Justice North and several others Sir Cr. Levins We have only this one matter to trouble your Lordship the Jury with You perceive by the Evidence that hath been given that the main matter begins at the Consult of the 24 th of April when the Consult was now to fortifie this Evidence we are now to produce a Letter that was written from one Petre at St. Omers Jesuit wherein is mention made that he was to give notice mr Whitebread had appointed a general meeting just at that time in London at which they were to consult of very great matters and they were to be very private in their coming to and appearing about the Town And this Letter was taken amongst Mr. Harcourts Papers and to prove it we call Sir Thomas Doleman Who was sworn Sir Cr. Levins Pray what can you say where this letter was found Sir Thomas Doleman It was found amongst Mr. Harcourts Papers in a bag of his Papers that was committed to my care to search Lord Chief Just Can you tell what day you found it Sir Th. Doleman It was a matter of six or seven days after Mr. Oates had given his information of this Plot to the Council Harcourt What Paper is it Mr. Justice Atkins Hear it first L. C. J. It is a letter found amongst your