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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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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
THE TRYALS AND Condemnation OF THOMAS WHITE alias WHITEBREAD Provincial of the Jesuits in England WILLIAM HARCOURT Pretended Rector of London JOHN FENWICK Procurator for the Jesuits in England JOHN GAVAN alias GAWEN And ANTHONY TURNER All JESUITS and PRIESTS FOR HIGH TREASON IN Conspiring the Death of the KING The SUBVERSION of the Government and Protestant Religion At the Sessions in the Old-Bailey for LONDON and MIDDLESEX on Friday and Saturday being the 13 th and 14 th of June 1679. Published by Authority Dublin Reprinted 1679. THE TRYALS c. On Friday the 13th of June 1679 at the Sessions-House in the Old-Bayley the Court being met at which all the Judges of England were present Proclamation was made of Silence and Attention whilst the King's Commission of Oyer and Terminer and of Gaol-Delivery were openly read and after the usual Proclamation of attendance upon the Sessions the Court proceeded to call the Jurys impannelled and to the Tryals of the Prisoners thus Cl. of Cr. SEt Thomas Whitebread John Fenwick William Harcourt John Gavan Anthony Turner and James Corker to the Bar Cap. Richardson They are all on Cl. of Cr. Thomas White alias Whitebread Hold up thy hand John Fenwick Hold up thy hand William Harcourt alias Harrison Hold up thy hand John Gavan Hold up thy hand Anthony Turner Hold up thy hand James Corker Hold up thy Hand which they all severally did And James Corker presented a Petition to the Court to this effect That about 8 moneths since the Petition Was committed for refusing to take the Oaths of Allegiance and Supremacy that he had lately received notice to prepare himself for his Tryal against this present day but that the same was afterwards contradicted and that yesterday a Gentleman informed him from the Attorney General that a Bill was found against him of High treason and that he was to prepare himself for his Tryal thereupon accordingly and forasmuch as the Petitioner is altogether ignorant of the matters charged upon him in the same and by reason thereof is absolutely surprised and unprepared for his defence and diverse Gaol-deliverys having been held since his first Commitment and he never called to his Tryal he doth humbly beseech their Honours that he may not be Tried till the next Sessions and that in the mean time he may have Copies of such informations as are given in against him L. C. J. Mr. Corker have you really any witnesses without whom you cannot make your Defence Corker No my Lord I have none L. C. J. You do not understand my Question do you want any witnesses now that you may have another time Corker I am a stranger to the things charged upon me L. C. J. Can you not tell whether you have any witnesses or no the matter is this both for you and all the rest of you that there may be no exception you are upon the Trial of your lives and we upon our Oaths and therefore I speak it if so be you have any witnesses because you pretend you are surprised if you have really any whereby you can make a better defence for your selves then now the Court will incline to your request but if you have not then 't is in vain to tarry Corker My Lord I verily believe I shall have Witnesses L. C. J. As for the copy of the Indictment it is never granted to any persons and therefore must not be to you L. C. J. N. You must give us clear satisfaction that you are real in your pretences and must give us the names of your witnesses where they live and let us know what they can say for you that we may be satisfied for such a general alligation as this any man living may make Mr. Recorder He was one of the ten that was appointed by the Council to be tried L. C. J. Why you had notice a week ago Corker But it was contradicted the next day Capt. Richardson I heard Mr. Clare say that he should not be tried then Mr. Att. Gen. He had notice together with the rest but he was not in the first Order of Council for the Trial of these persons he sent to the Clerk to know who were to be tried and his name was left out and so understood he was not to be tryed On Tuesday last I moved that he might be put into the Order and so he was and now there is an Order of Council for it but he had notice a week ago as well as the rest Capt. Richardson I gave them notice that all were to prepare for their Tryal as this day and in order to that I went to the Council to see what Order was taken about it and the Clerk shewed me their names amongst which Corker was left out and I told him Corker had notice of Trial and therefore I desired I might have an Order for him too they told me that there was no Order taken about him Mr. Att. Gen. My Lord I would have all the Gentlemen have all the fair play in the world therefore if he can satisfie your Lordship that he can have any Witnesses that he hath not now I am content his Tryal should stay to another time L. C. J. You shall hear the Indictment read and there you will know what sort of Treason it is you are charged with and after that you will make your answer whether you have any witnesses Mr. Recorder My Lord it will be necessary that I give your Lordship an account of one thing On Saturday night there came a Gentlewoman to me on the behalf of all the Prisoners and said there were some witnesses that she was under apprehension would not appear for the prisoners unless they had some order her name she told me was Ireland and she came in the name of all the prisoners she said I told her if she would bring me a Note of the witnesses names they did desire they should have all the assistanec the Court could give them for the getting of their Witnesses thi● day but since that time I never heard of the Gentlewoman or from the Prisoners L. C. J. Mr. Corker you will do well to take notice what you are charged withall and afterwards tell us if there are any witnesses that can say any thing for your defence at your Tryal for those matters Clerk of Cr. You stand indicted by the names of Thomas White in the Parish of St. Giles in the Fields in the County of Middlesex Clerk otherwise called Thomas Whitebread of the same Parish and County Clerk John Fenwick of the same Parish and County Clerk William Harcourt of the same Parish and County Clerk otherwise called William Harrison of the same Parish and County Clerk John Gavan of the same Parish and county Clerk Anthony Turner of the same Parish and County Clerk and James Corker of the same Parish and county Clerk For that you as false Traitors against the most Illustrious most Serene and most Excellent Prince Charles the Second
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
for Mr. Dugdale For conspiring the Kings death and introducing of Popery Mr. Gavan was chiefly made use of as a good Orator and learned man ●●●d a good Scholar to perswade people into the design this I speak as to these person● Lord Chief Just Pray go on Sir for you shall have a full scope for you never were a Witness in any of the Trials before and you may take your own way and you shall be heard you shall not be interrupted for what you say is very considerable Mr. Dugdale One meeting I think was in September last it was a● ●●●●l and there was my Lord Stafford and several others Lord Chief Just Was Gavan there Mr. Dugdale Yes Mr. Gavan was there I suppose he will not deny it Mr. Justice Pemberton Don't rely upon that he will deny it you may be sure go on You say he was there Mr. Dugdale Yes and that was to carry on the Design And I was by to hear I think Mr. Ireland was in the countrey then there was you speaking to Mr. Gavan Mr. Peters Mr. Lewson and Mr. Ewers at this Consult and there was another my Lord Stafford and others that I cannot now name Gavan What time Mr. Dugdale It was in September 1678. Gavan What day Mr. Dugdale I think it was 21. September Lord Chief Justice What was that Consult and Conspiracy about in short Mr. Dugdale It was for the introducing of Popery and taking away the Life of the King I being a person chosen out for that purpose and was to besent to London by Mr. Harcourt to be under the tuition of Mr. Parsons Lord Chief Justice Pray who mentioned this was that the first time that ever they discoursed of the death of the King Mr. Dugdale No my Lord it was two years ago but I speak of a shorter time Lord Chief Justice Who began the discourse Mr. Dugdale Mr Gavan often discoursed of it and incouraged me to it Lord Chief Justice Who broke it first to you who seemed that principal man Mr. Dugdale Ewers and Gavan Lord Chief Justice By the Oath that you have taken repeat it once more for this is new to Us. Gavan 'T is so to me too upon my soul for upon my conscience I never heard of it before Lord Chief Justice 'T is a mighty confirmation of what was before discovered Mr. Dugdale But I speak to Mr. Gavan and appeal to him himself Gavan Look upon me with confidence if you can Mr. Justice Pemberton You must not threaten the Kings Witnesses Mr. Dugd. Mr. Gavan I desire you to inform the Lords and all here present whether I was not under your Tuition and whether you knew any unjust action by me Gavan You were never under my Tuition Lord Chief Just Did you ever know him Gavan Yes my Lord he used to come sometimes where I was and so we were acquainted and I lived within 11 miles of Tixal my Lord Astons and having acquaintance in that Family Mr. Ewers whom I know very well I used to come there sometimes but I never was in his Chamber in my life In what Room of my Lord Astons house was this Discourse Mr. Dugdale Some of it was in the little Parlour and some in Mr. Ewers's Chamber Gavan Were any present there And who were they Mr. Dugdale I have told you there was Mr. Ewers and Mr. Lewson and Mr. Peter's and some others and for a further Confirmation of this That Mr. Gavan may know that I had a great zeal for him and that they did love me well I gave them an Estate or else I believe they would not have trusted me so well as they did I gave them 400 l. to pray for my Soul and for the carrying on of this Design and when they told me they doubted they should want money I promised them 100 l. more for the carrying on the work Upon which Mr. Gavan promised me that I should be Canoniz'd for a Saint Mr. Just Pemb. Mr. Gavan himself Mr. Dugdale Yes my Lord. Mr. Belwood What do you know of any Forraign Assistance Lord Ch. Just I would seign have all the world hear this pray what was Discoursed in the Parlour in my Lord Ashon's house and in Ewer's Chamber Mr. Dugdale It was about taking away the King's life and introducing the Popish Religion Lord Ch. Just By the Oath you have taken was that their Discourse Mr. Dugdale Yes my Lord They were contriving how to kill the King and introduced Popery Sir Cr. Levins Pray have you heard any Discourse of an Army or about making a Massacre Mr. Dugdale It was spoken in my hearing and there was some discourse why they should expect Forces from beyond Sea and this Gentleman said meaning Mr. Gavan though they Beyond the Seas had Troubles enough upon themselves yet if we could effect it men and money would not be wanting I will add nothing more than the Truth in what I say L. Ch. Just You deliver your Testimony like a sober modest man upon my word Sir Chr. Levins What say you as to a massacre Mr. Dugdale My Lord I have at some Consulations heard speak of it but the chief thing that they aimed at was first there was a letter that came out of Paris and came through Mr. Harcouort's hands and so came down into the Country to prove that it was the Opinion of them at Paris and St. Omers to fling all this upon the Presbyterians that is the Death of the King That if any thing of that nature should happen they should be ready to give the first Alarum and give out That it was those still King-killing Presbytorians that had done the Fact And so they thought they should easily have brought in the Episcopal party into their Company to revenge themselves of the Presbyterians Lord Ch. Just It was prity Advise indeed to have it first laid on the Presbyterians that they might get Protestants to join and cut them off and then their own Throats should be cut Mr. Dugdale And then my Lord there was to be a massacre and if any did escape that they could not be sure of were Papists they were to have an Army to cut them off Mr. Belwood Did he ever use any Arguments to you to prove the lawfulness of the Design Mr. Dugdale Yes my Lord he hath and shewed me several Examples for confirming me in it Lord Chief Justice What for killing the King Mr. Dugdale For the killing of any to introduce their own Religion Mr. Belwood Pray will you name some Mr. Dugdale He endeavoured to prove it by Scripture I cannot now call the Text to mind but it was to shew how it was lawful and good to destroy any for the advantage of their Religion and then he shewed the Example of Father Garnett How several of his Reliques being beyond Sea great miracles had been done by them Lord Chief Justice And so now there is by St. Coleman too Sir Cr. Levins What Letters have you received from
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
your mind that I have been proved not to be in Town at the time of the great Consult about the Plot and indeed I was not capable of it for I was not then Professed and there could None be of that congregation about the Plot but those that were professed I could not be there in the Congregation by reason of my Age mr Harcourt here and the rest if you will ask them will tell you it they were there but upon the word of a dying man I was not there L. C. J. 'T is not positively said by Mr. Oates that you were Gaven But then my Lord he says my Name was to it which he saw in July now I prove that I was in Stafford-shire the last week of July and seeing I have witnesses to prove that I was there till the 14 th the last week it was after the 14 th that he saw me I hope my Plea is good Then my Lord I ground my Plea upon this I have studied Philosophy● and other things but I never studied the Law and so am very ignorant of it but this is my Case I am accused by one Witness concerning one Fact and by another concerning another the one committed here at London the other in Staffordshire I desire therefore to know whether the Witness that swears the thing done in Stafford-shire in another County being joyned to the other Witness that swears what was done in London can be esteemed two witnesses according to the Law to convict me of Treason L. C.J. North Yes I l'e tell you if it were a matter of doubt it might be found specially and be argued but it is a matter that hath been already resolved in the Case of Sir Henry Vane at the Kings Bench Barr who was Indicted for levying War against the King and there one Witness proved the levying of War in one County and the other proved the levying of War in another County and so though they were but single witnesses of single Facts yet being both came up to the Indictment they were adjudged sufficient to maintain it So it is in your Case here is one witness for the proving your hand to the Paper which was for the Murther of the King and there is another witness of your discourse to the same purpose the Fact is your joining and conspiring to destroy the King and to levy War against him and both these are proved to the full of the Indictment by these witnesses and though they are to several particular Facts yet they are all Overt acts of the same Treason Gaven My Lord I have a contrary opinion to that in Serjeant Rolls L. C. J. North But this is a known Case and the Law is settled therein L. C. J. I 'le tell you what you mistake in what you say for there are two witnesses Oates and Dugdale who swear to the same Fact which is killing the King altering the Government and bringing in Popery Oates says He saw your hand to the Consult for the Murder of the King for the raising the Army and for the introducing of Popery which is a necessary consequence of change of Government Dugdale says he was with you in the Parlor at my Lord Aston's where the discourse was between him and you and others about killing the King and altering Religion Are not these two witnesses to one and the same Treason Gaven No my Lord I conceive not L. C. J. If I consult a way to kill the King here and then I go into the Country and there I consult of it with another person are not these two Witnesses to the same Treason sure they are Gaven Then my Lord my second Plea is this 〈◊〉 there be two witnesses you will grant me this ground that no man must be convicted but upon the Evidence of two Legal and credible witnesses and upon clear Evidence as the Statute since His Majesties happy Restauration does declare Now two things are required certainly to make a credible Witness and a clear Evidence as the Witness must be credible so it is as agreeable to reason that the Evidence must be plain and clear yea as clear as the light of the Sun at Mid-day Now therefore if I prove that neither the Witness is credible such as the Law requires nor the Evidence clear such as the Law looks upon as such then I ought not to be convicted by this Witness upon this Evidence L. C J. The Jury are Judges of that and therefore there I leave it L. C J. North. You argue mighty subtilly but I 'le give you this answer there must be two lawful Witnesses that is the law a man cannot be Impeached of Treason but by two lawfull Witnesses now if they be not convicted of perjury and their Testimony be not taken away but they may be heard in a Court of Justice they are lawful Witnesses now for the being credible Witnesses that is a matter that is left to the Jury but we must receive them as lawful Witnesses till they be convict of a crime that takes away their Testimony Gavan Therefore because they are left to the Jury I am satisfied and I turn my self to you Gentlemen You are to sit upon my Life and my Death as for my own part I can truly profess I am as innocent as the Child unborn and this Gentleman Mr. Whitebread knows I was not capable of being at the Consult being not of age Now I must leave my self to the Jury and will leave it to their judgments whether these two Witnesses can be esteemed credible Witnesses for to make credible Witnesses there is required honesty of life and truth in their Testimony for no man can be a good Witness that is not an honest man nor that hath carryed himself so that he is not to be believed As to the honesty of Mr. Oates his life you have heard that he was disgusted by the Jesuites esteemed not a person of that diligence or fidelity to be intrusted by them He was turned out of St. Omers Lord Chief Just Does that prove any dishonesty in Mr. Oates Gavan No but I speak to his Credibility Lord Chief Just Speak plain how does it impeach Mr. Oates his Evidence that the Jesuits did not like him Gaven It might be a ground of hatred amnd alice in him against them and then Gentlemen I desire you to consider that other thing That we have proved him to speak false in his Testimony about Sir John Warner and Sir Tho. Preston and all the business of the 12th of August concerning Mr. Irelands being here the 12th of August who by sixteen Witnesses is proved to have been all the while in Staffordshire And though he was not convicted of Perjury before which might have easily been done as I have shewn to the whole world now I appeal to the Honour and Conscience of the Jury whether all these proofs ought not to make this Witness to be deemed an incredible Witness And pray Gentlemen hear me
Where the Commissions Is it possible such a thing should be and no sign of it for a whole year almost there is no reason brought amongst them all but saying and swearing and that I will stand by Whitebread I thank God I don't look like a fighting-man nor I never did but who can think that I should be so mad when I had committed such a secret to him to beat him as he says 'T is strange that such a Plot should be discovered wherein so many Persons of Quality Honour and Reputation are said to be concerned and yet no footsteps of it appear and none of them as my Lord Arundel my Lord Bellasis should never divulge such a Plot I would feign know whether such a thing be probable but I commend my self to God Almighty and the Jury Harcourt My Lord I have only this to say I have lived to this age which is 70 years and I never knew any man that could say I was accused of the thing in the world for which I should be brought before any Magistrate and it is strange that after so many years I should come to be arraigned and condemned for a Crime of the highest Nature and there is no reason brought against me nor any of the rest for the proof of what is alledged nor do they who are the Witnesses against us deserve at all any Credit They only affirm such and such things without any reason to perswade you to believe them and it is easie to say and so it is to swear it So that all I have to say is this since a Negative cannot be proved I hope innocency will find some that shall defend it I leave my self to the Bench for the Law is the defence of innocency If they did bring any Evidence besides that which is down right positive swearing without any reason or concurrent reason to confirm it it were something Fenwick And besides all this to think how these men have lived before time is worth reflection and considering As for Bedloe he hath been a very ill man the world knows it Lord Chief Just Have you proved it Can you shew any Record of it Mr. Just Pemberton Turner Have you any thing to say You have had your time Fenwick You will find that Nemo repente sit nequissimus No man arrives at the highest degrees of impiety at first men grow extreamly wicked by degrees But let us see if they can blame our lives or any thing that we have done at any time before we prove and all the world knows what they have been and how scandalously they have lived Gaven Our Witnesses are to be regarded for their number and for their innocency especially since they give no reason nor convincing arguments for what they do affirm Lord Chief Just We would hear you and we have heard you very long but it must not be permitted you to go over the same things again and again Lord Chief Baron Hath Turner any thing to say Turner All that I have to say my Lord is this To ask whether it be reasonable that Bedloe and Oates should be looked upon as good Witnesses that these Persons who have been such scandalous people should be admitted to an Oath who are debarred from the Sacrament for according to the Church of England no man that is publickly scandalous can be admitted to the Sacrament Lord Chief Just But you prove nothing Turner I can prove it first by Evidence of one Hastings Lord Chief Just Call him But he appeared not The Lord Chief Justice Directions to the Jury against Whitebread c. L. C. J. Gentlemen of the Jury Here hath been a very long Evidence and a very confused one and you cannot expect that it should be wholly Repeated to you For it is almost impossible for any one to remember it neither would I if I could because a great deal of it is impertinent and vainly to be repeated And besides many things have been said over and over again to no purpose But I will observe to you as well as I can what Testimonies there are against each particular Man of them and that I do look upon to be very material And I leave it to you to judge and consider how far the Evidence is Credible and how far it is Substantial Against Mr. Whitebread you have the Testimony of three Oates Dugdale and Bedlow Against Mr. Fenwick you have the Testimony of Oates Bedlow and Praunce Against Harcourt you have Oates Dugdale Bedlow and Praunce You have against Gaven Dugdale and Oates and against Turner Dugdale and Oates So that to the two last you have two three to the two first and four to Harcourt Now the matter that they have sworn hath been all tending to one thing the Murder of the King the Advancing of Popery and the Suppression of the Protestant Religion That is the Thing that all the Evidence does drive at For Dugdale for ought we can perceive he hath been upon the matter a Stranger to Oates and Bedlow and I do not find that he had any correspondence with or knowledge of them at the time he charges Mr Harcourt and Mr. Gaven And he charges them with the very self same things viz. the consulting the death of the King and Advancement of Popery And they have several instances of the Facts as their several consultations how they met together and where or at what place And Dugdale tells you of a letter that he found wherein Whitebread gave charge for the entertainment of good stout Fellows No matter for Gentlemen so they were Resolute And so they have several Mediums to prove one and the same Thing Mr. Fenwick sayes to all this Here is nothing against us but Talking and Swearing But for that he hath been told if it were possible for him to learn that all Testimony is but Talking and Swearing For all Things all Men's lives and fortunes are determined by an Oath and an Oath is by talking by kissing the Book and calling God to Witness to the Truth of what is said That is the Essence of an Oath and those are the Ceremonies The kissing the Book and Speaking is the accidental Form the substance is Calling God to Witness Therefore What a vain thing is it in Mr. Fenwick to seem to Tryumph by saying There is nothing against us but Talking and Swearing There is nothing against them but Evidence and proof of Men upon Oath And their Reasons the Truth is are very Trifles They defend their Lives as they do their Religion weak Arguments and fallacious Reasons For that long Business that Mr. Gaven hath undertaken to say against Mr. Oates and what they all insist upon viz. the Number of their Witnesses which were sixteen amounts to this to disprove mr Oates that it could not be true what he sayes That he should be present here at a Consult the Twenty-Fourth of April because they have brought sixteen from St. Omers to prove That he was there all April
and May. 'T is very true now if that be so it is impossible Oates can swear an Truth But whether that is to be believ'd or no is the Question methinks they did not do well for themselves when they bid you remember the Nature of the Evidence They did well enough to bid you remember the Number for the Number is more than what Oates is back'd with on t'other side but the Nature is of much less weight Not only because they are not upon their Oaths for by Law they may not be upon their Oaths and that must not be charged on them as a Defect seeing they would swear I doubt not if they might but because their Testimony is really to be believed much alike without an Oath as with one because they are of a Religion that can dispense with Oaths tho false for the sake of a Good Cause But seeing they desire the Nature of the men may be considered you are to observe that they are Proselytes and Young Striplings of their Church which does indeed in one respect or other abuse all Her Disciples and keeps them in a blind Obedience to pursue and effect all Her Commands If the Doctrins of that Church were better If such which are allowed by their Chief Authors were but less Bloody and inhumane If they had ever put those that are so into an Index Expurgatorius that they might have been publickly di●owned and declared as the particular Opinions of some ill men which they did disavow These men might have been then more worthy to be regarded But when none of their Popes have done this who must have very strange foreheads if they say they have and such Doctrines are still owned there is much indeed to be observed from the Nature of the Evidence the Nature of the men and their Profession I must confess I believe that they would deny their principles to be bloody or to be defended and allowed by any of their best authours if at this time the fear of apparent Falshood did not deter them But if to Murther Kings or to depose them and Absolve their Subjects from their Allegiance for the advancement of Religion be a Thing most impious and void of Religion and makes Religion worse than none which Doctrine yet they have owned and their Counsells have owned and we have proved it upon them and out of them I cannot tell what to say to these men or their Testimony the Nature of whom they desire to be considered But they were Young Boys sent for hither on purpose to give this Testimony and it was not indeed a Fault in the Prisoners at the Bar to send for what Evidence they could for themselves But it is very doubtful and suspitious to have such green and flexible minds thus imploy'd and I must leave it to you to consider how far these Young men train'd in such principles may be prevailed on to speak what is not True And now if the Kings Evidence after this stood alone it were yet something but when you have Mr. Oates Testimony as to this great matter of his appearing in April confirmed by 7 or 8 Witnesses that speak so expresly to it how will they answer it Do they make Sir Ric Barker a person of no value do they so little esteem the Minister that says I knew him though he was in disguise And went and said it presently to a Woman that he knew was acquainted with Oates And asking her when she saw Mr. Oates and she saying not a great while he said I saw him later then you and says he did know him And this is confirmed still by Sir Rich Barker who tells you that his men told him that he had been there What should make them to acquaint their master so if it were not so Or do you think it is a thing maliciously prepared or invented to take away the lives of these men that his men should tell him a story so long ago If it be not true to what purpose should they tell him so and if it be true it Confirms the matter sworn against them There is he that was his companion the School-master that says in the beginning of May was twelveth month Mr. Oates dined with him at his house sate with him Four hours discoursed of his Travels into Spain and St. Omers And there is the man that is a Papist if not a Priest that swears he saw him twice about the middle of April at Mr. Charles Howards lodgings in Arundels house so that here are seven Witnesses direct or circumstantial to prove Mr. Oates to have been in London in April and May 78. But said they This is but Talking and Swearing Very fine and the St. Omers Youths is Talking but not Swearing Ay but then their Numbers are not so many That Gentlemen I leave to you for both cannot be true The Testimony of Mr. Oates and the witnesses that he had to back himself withall and to prove himself to be here is inconsistent with what the young men say that he was at St. Omers Now if you observe All these mens Defence is in the Circumstantial part of the evidence in watching and catching at what day What hour and what month how Mr. Oates reckoned false so and so If he came here about the 20th of April how could they see him the first of May. And they think then they have got such a mighty victory but it is not so weighty an argument with Protestants after all their conceit that it is unanswerable For here is the point the matter of time is a thing that no man can so precisely charge his memory with as that it should be too Strictly the measure of your Judgments about truth or falshood by the mistake of 7 or 8 days Examine your selves how often every day you do mistake things that have been transacted half a year ago and err in point of time taking one week for another and one Month for another and though I must say it is considerable yet too great weight is not to be laid upon that As for that they insist upon so much the coming over of Sir Thomas Preston and Sir John Warner with Mr. Oates It is true Three or Four Witnesses speak as to Sir John Warner and some to Sir Thomas Preston and they say they were both beyond Sea when Mr. Oates came over but if the Sixteen be not to be believed in the first matter and if Mr. Oates does say true notwithstanding all their Evidence that he was here such a time in April and May Then I 'le tell you what Inference may naturally be to wit That they can't want a Witness to prove what they please For I believe there is none of them all will make any bones of it I say Gentlemen if you are satisfied in your Consciences that the Evidence on Mr. Oates his part to that point that is to say seven Witnesses ought to prevail with you to believe he was here in
those months notwithstanding the 16 Witnesses who say they saw him every day beyond Sea in April and May Their other Evidence about his coming over with Preston and Warner will have no great weight because the other is the great matter by which they make the substance of their defence I am glad indeed to see a Gentleman here whose Face I never saw before and that is Mr. Dugdale Upon my word he hath escaped well for I find little said against him very little either as to the matter or the manner of his Evidence They would have made reflection on him for his Poverty but I hope that they whose Religion is to vow Poverty will never insist on that for any great Objection against any L. C. J. North Your Lordship hath forgot that he said he gave away Three or four Hundred Pounds to them L. C. J. But I will Challenge all the Papists in England to satisfy any Man that hears me this day of one piece of Evidence which will turn every Protestants heart against the Papists If so be they murdered Sir Edmundbury Godfrey the Plot even by that is in a great measure proved upon them by that base murder And what can be a plainer proof of it than the Evidence of this day which Mr. Dugdale produces We had notice saith he on Monday night that on the Saturday before it Sir Edmundbury Godfrey was kill'd which falls out to be that very Saturday he was first missing which notice was given in a Letter writ by Harcourt to Evers another Priest that same Saturday night wherein were these words This night Sir Edmundbury Godfrey is dispatched and I am sure if this be true then no man can say but they murdered him Whitebread It is not alleadged against any of Us. Lord Chief Just It is an Evidence of the Plot in general and to Harcourt in parcular Harcourt He never shews the Letter that he says I writ L. C. J. He says that he used to peruse the letters and that Evers had this again after he had perused it He says also he has received at times a hundred letters from you and this among the rest Now the Question is whether it be true or no To make it out he produces Mr. Chetwnyd whom I hope you wll not deny to be a Gentleman of one of the best Family of his Country and of honest Reputation who says that on the Tuesday following that Saturday Sir Edmund-bury-Godfrey was mist he and another were talking together in Staffordshir and that the other person asked him if he knew of the death of any Justice of the Peace at Westminster and when he told him he had heard of no such thing No said he that is strange you living sometimes about Westminster for said he the Wench at the Ale-house saye That this morning Mr. Dugdale said to two other Gentlemen there was a Justice of Peace of Westminster Kill'd and Mr. Dugdale swears that was Sir Edmundbury Godfry Now if Dugdale be fi● to be believed that he saw such a Letter as he must be it he be not a very great Prophet to be able to foretell this Or if the Maid that said this did not invent it A thing then impossible to be done Or Mr Chetwynd feigned that he heard the man make his Report from the maid This thing could not come to pass but by these men Nay if Mr. Dugdale could not do as great a Miracle as any are in the Popish Legends how could he tell that it was done on the same Night when it was done at London Or speak of i● on the Munday-night after when it was not known in London till the Thursday following This will stick I assure you Sirs upon all your party For my own part this Evidence of Mr. Dugdales gives me the greatest satisfaction of any thing in the world in this matter and whilst we rest satisfied in the murder of that Man and are morally certain you must do it knowing of what Principles you are you cannot blame us if upon such manifest Reasons we lay it upon you And this is Occasional Evidence which I for my part never heard before this day nor can I ever be more or better satisfied than I am upon this point viz. The Testimony that I have received this Afternoon concerning the Murder of Sir Edmundbury Godfrey As to the Defence they have made they are Exceptions in point of time but do not affect Mr. Dugdale for they have hardly the confidence to deny the Things he sayes to be true against them They fall foul indeed upon Mr. Oates he appears to have been their Agent and whilst so bad enough But if he had not had a mind to have become a good man he would not likely have done us that Good that he hath done in discovering the design you had engaged him in Let any man Judge by your Principles and Practices what you would not do for the promoting of the same For while this Gentlemans Blood lies upon you and some have been Executed for it it must be yet farther told you that in what you Did do you have given us a specimen of what you Would do We have a Testimony that for promoting your Cause you would not stick at the Protestants Blood You began with Sir Edmundbury Godfrey but who knows where you would have made an End It was this one Man you Kill'd in his Person but in Effigie the Whole Nation It was in one mans Blood your Hand are Embrewed but your Souls were Dipt in the Blood of us all This was a Handsel only of what was to follow and so long as we are convinced you Kill'd him we cannot but believe you would also Kill the King We cannot but believe you would make all of Us away that stand in the way of your Religion A Religion which ac● 〈…〉 you would bring in upon us by a Conversion of us with Blood and by a Baptism with Fire God keep our Land from the one and our City from the other To return The Letter that is found in Harcourts Papers does further confirm Mr. Oates in all the great and considerable Matters that he sayes That there was a Plot That that Plot was called by the name of a Design which was to be kept Close and Secret And this is an Evidence that cannot Lye For that Letter will never be got off no more than the other Letter that Mr. Dugdale speaks of about Sir Edmundbury Godfrey And thus I leave it to you Gentlemen You have heard how many VVitnesses they have had for them about Twenty-Four or Twenty-Five of one sort or another You have heard what they apply their Testimony unto to Convict Mr. Oates of Falshood in matter of Time which was their principal Defence That he was not here in April and May and that he came not over with Sir Thomas Preston and Sir John Warner and that Ireland was not here all August You have heard what VVitnesses Oates is back'd withal as to the time of his being here and the Maid says she saw Ireland here in August However though their Defence depends but upon a point of Time I must tell you it ought to be well considered for 't is indeed very considerable towards their Defence and God forbid but we should be equal to all men And so I have Remembred as well as I can in this long and perplexed Evidence that which seems to me most material as to their Charge or Discharge and that which they have made their greatest Defence by the Youths from St. Omers to disprove Mr. Oates his being here and Mr. Irelands not being in London in August which in Truth is not the proper business of this Day but hath received a former Verdict before for if so be the Jury before had not been satisfied of the Truth of that they could never have found Ireland Guilty So I leave it to you upon the whole matter I can remember nothing besides Go together and consider of your Verdict according to your Evidence L. C. J. North. Gentlemen My Lord hath repeated it so fully to you that I shall not need to add any thing to it Then an Officer was sworn to keep the Jury who withdrew and the Judges also went off from the Bench leaving Mr. Recorder and a competent number of Commissioners there to take the Verdict and about the space of a quarter of an Hour the Jury returned and Answered to their Names and gave in their Verdict thus Clerk of Crown Gentlem●n Are you all Agreed of your Verdict Omnes Yes Cl. of Crown VVho shall say for you Omnes Foreman Cl of the Cr. Thomas White alias Whitebread hold up thy hand You of the Jury look upon the prisoner How say you Is he Guilty of the High Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl of Cr. VVhat Goods or Chattels Foreman None to our Knowledge And so severally of the Rest Which Verdict being Recorded in usual form Mr. Recorder spoke to the Jury thus Mr. Recorder Gentlemen You of the Jury There hath been along Evidence given against the Prisoners at the Bar. They were all Indicted Arrainged fairly Tryed fully Heard for High-Treason depending upon several Circumstances They can none of them pretend to say and I take the liberty to take notice of it for the satisfaction of them and all that are here present and all the world That not a Person among the Prisoners at the Bar were either wanting to themselves to Offer or the Court to them to hear any thing that they could say for themselves But upon a long Evidence a full Discussing the Objections made against it and a Patient Hearing of the Defence they made they are found Guilty And I do think that every honest Man will say That they are unexceptionably found so and that 't is a Just Verdict you have given And then the Prisoners were carryed back to Newgate and the Court Adjourned till Eight next Morning And then Mr. Langhorne was Tryed and found Guilty After which they were all Six brought to the Bar together and received Judgment to be Drawn Hanged and Quartered Which accordingly was done upon the Five Jesuits and Priests on Fryday the Twentieth of June at the Usual Place of Execution FINIS Advertisement Mr. Recorder's Speech before judgment will be published at the End of Mr. Langhorn's Tryal which is now in the Press and will speedily come forth