The Trials of Thomas White, alias White∣bread, Provincial of the Jesuits in England. William Harcourt, preten∣ded Rector of London. John Fenwick, Procurator for the Jesuits in England. John Gavan, alias Gawen, and Antho∣ny Turner, all Jesuits and Priests. At the Sessions-house in the Old-Baily, on Friday June 13, 1679.
THen and there the Court being met, and all the Judges of England present, Pro∣clamation was made of Silence and Attention whilst the King's Commission of Oyer and Ter∣miner, and of Goal-Delivery were openly read; then the Prisoners being set to the Bar, James Corker (a Priest and Jesuit, brought thither to be tried with them) presented to the Court a Petition, setting forth that he was absolutely surprized, and unprepared for his Trial, and therefore besought the Court that he might not be tried till the next Sessions. To which the Court seemed inclinable enough, nor did the Attorney General gain-say it, upon condition that he could really make it out, that he wanted Witnesses, without which he could not make his Defence. However it was thought fitting that he should hear the Charge that was against him read: to the end he might be able to give the Court an account what Witnesses he had, that might avail him in reference to his Defence Page 51against it, which being done, (the Indictment being in general for High-Treason, in conspi∣ring the Death of the King, the Subversion of the Government, and Protestant Religion) the former Question was put to him again, and then he named one Alice Gatton now at Tunbridg, as a Witness to prove that he was not in Town upon the 24th of April; so that being respited till the next day, the Court said nothing farther to him that Sitting.
Immediately after the Indictment was read, VVhitebread represented to the Court, that in regard he had been tried upon the 17th of De∣cember before, upon the same Indictment; at what time the Jury being impanell'd, and the Evidence found insufficient which came in a∣gainst him, the Jury was discharged without a Verdict, he was informed that no Man could be tried, and consequently put in Jeopardy of his Life twice for the same Cause. For which reason he pray'd for Counsel to direct him upon that Point in matter of Law. He urged that his Life was in danger, as being deliver'd over in Charge to the Jury: and to make it out he alledg'd the Case of Sayer, in the 31 Eliz. who having pleaded to a former Indictment for a Burglary, was indicted a second time, upon which it was the Opinion of the Judges, that he could not be indicted twice for the same Fact. He likewise desir'd a sight of the Record, and that he might be informed, whether or no when a Person comes upon his Trial, he ought not either to be condemned or acquitted? Upon the whole matter, and his Motion together, the Page 52Court declar'd to him, that the Jury being discharg'd of him, his Life was in no danger. For that the Jury being sworn to make a true deliverance or the Prisoners in their Charge, their Charge could not be full till the last Charge of the Court, after Evidence. Moreover, he was told that such a Plea as he produc'd could not be supported without a Record, and it was cer∣tain there was none here, because there was no Verdict; and besides, this was not the same Indictment, in regard it contain'd new matter.
Then Fenwick offered the same Plea, his Case being the same, appearing before with White∣bread upon his Trial: but the Court return∣ing the same Answer to him as to the for∣mer, they both submitted, and so all of them pleaded severally Not Guilty to the Indictment.
Then the Jury being to be impanell'd, they unanimously excepted (without naming them) a∣ganist all those Persons that had serv'd before as Jury-Men in the same Cause, which the Court allowed them, as but reason. And the Jury therefore that were sworn were these twelve.
- Thomas Harriott,
- William Gulston,
- Allen Garraway,
- Richard Cheney,
- John Roberts,
- Thomas Cash,
- Rainsford Waterhouse,
- Matthew Bateman,
- John Kain,
- Richard White,
- Richard Bull,
- Thomas Cox.
To whom the Indictment being read, Mr. Bel∣wood (of Counsel for the King in this Cause) open'd the Indictment, and Sir Creswel Levinz Page 53proved the Charge, and then Dr. Oates was first called, and being sworn he deposed, That White∣bread was made Provincial the last December was twelve Month; and by virtue of his Authority, order'd one Conyers to preach in the English Semi∣nary upon St. Thomas of Becket's-day, that the Oaths of Allegiance and Supremacy were Here∣tical, Antichristian and Devilish: which ac∣cordingly was done. That in January or Fe∣bruary he wrote Letters to St. Omers concerning the State of Ireland, of which he had an ac∣count from Arch-bishop Talbot, who wrote him word, that there were several thousands of Irish ready to rise, when the Blow (by which was meant the King's Murther) should be given in England, and he hoped it would not be long ere it was given. That he sent over two Jesuits into Ireland in January to see how Affairs stood there; of whose return he writ an account to St. Omers in April, and of the Consult to be that Month, at which he was, and signed a Resolve at Wild-house, that Pickering and Grove should go on in their design to dispatch the King, as a very excellent Expedient. That in June he went over into Flanders to look to his Charge, as Provincial, and there in discourse with some of the Fathers, he used this Expession,
Mr. Dugdale's Evidence against him was, That in a Letter from Grove to Ewers, he saw one of Mr. Whitebread's, to take none but stout despe∣rate Fellows, not mattering whether they were Gentlemen or no, and that they were to take away the King's Life. That he had seen White∣bread at Harcourt's Chamber with Le Faire, Pritchard and others, where they fell into dis∣course concerning Sir G. Wakeman's bogling at 10000 l. and so agreed to make it up 15000 l. to which Whitebread readily consented.
Mr. Bedloe swore against him, That it was Whitebread that gave Coleman an Account of sending four Irish-Men to Windsor.
As to Fenwick, it was sworn against him by Dr. Oates, that when he came over in June, he met with Fenwick at Dover, who came with him to London, and upon his Box being seized by the Searchers, he heard him say, That if they had searched his Pockets, as they had his Box, they had found such Letters as would have cost him his Life; for, said he, they were about our Concern in hand. That he and one Ashby, or rather Thimbleby, then brought over Instructions from Whitebread, to offer Sir G. Wakeman 10000 l. to poyson the King, and for filling up a blank Commission to Sir John Gage to be an Officer in the Army. That Ashby being to go to the Bath, Fenwick with Harcourt did advise him, upon his leaving that place, to take a turn about Somerset∣shire, and to possess the People there with the matter, not doubting but that before he came Page 55up to Town again to have the Gentleman at VVhite-hall dispatch'd, whom they called the black Bastard. That Fenwick was with others at VVild-house upon the 21st of August, at what time there was 80 l. before them on a Table, which was for those that were to kill the King at VVindsor, and was present when the Money was paid to the Messenger. That he also being at a Consult of the Benedictines, received advice from Talbot out of Ireland of a design to kill the Duke of Ormond, desiring Commissions and Mo∣ny for advancing the Design. Upon which the said Fenwick sent Commissions to Chester by an Express, and other Letters by the Post; and moreover he deliver'd the Witness Money for his necessary Expences, charging him to pro∣cure some Masses to be said for a prosperous Success of the Enterprize.
Against Fenwick, Mr. Prance deposed that in Ireland's Chamber in Russel-Street about a fort∣night before Michaelmas last, there was Ireland, Fenwick and Grove talking of 50000 Men that should be raised, and be in readiness to carry on the Catholick Cause, and were to be govern'd by the Lords Bellasis, Powis and Arundel: And that he, asking them what would become of Tradesmen, if Civil Wars should be again in England? Fenwick bid him never to fear a Trade, for there would be Church-work e∣nough for him, as Crucifixes, Images, and the like.
Mr. Bedloe being sworn, deposed that he bad seen Fenwick both at Whitebread's and Harcourt's Chambers, when the Murther of the King was Page 56discoursed of, and that he agreed with the rest, and consented to it.
Against Harcourt, Dr. Oates deposed, That he was one of those that were at the great Con∣sult, and sign'd the Resolve. And that he was present at the filling up of the blank Commissi∣on to Sir John Gage; And paid the Messenger the 80 l. which was for the four Assassinates at VVindsor in his own Chamber.
Against him Mr. Dugdale swore, that he being pitch'd upon to be one of the King's Murderers, was by Harcourt chosen to be disposed of at London for that purpose, under the Tuition of one Mr. Parsons. That there was a Letter from Paris which pass'd through Harcourt's hands, to prove that it was the opinion of them at Paris and St. Omers, to fling the Death of the King upon the Presbyterians, whereby they should bring in the Episcopal Party into the Papists Company, to revenge themselves of the Presbyterians; and after that, to go on to a Massacre, and those that escaped it, to be afterwards totally cut off by the Army. That he also had seen several treasona∣ble Letters, at least an hundred of them, all sent from Harcourt to Ewers under a Cover from Groves, which he had intercepted and read. That the first Intelligence of the Mur∣ther of Sir Edmondbury Godfrey, which they had in the Country, was sent from Harcourt, which Letter was received on Monday, and bore Date on Saturday, upon the Night of which Day the said Murther was committed, with these parti∣cular words, This Night Sir Edmondbury God∣frey is dispatch'd. In Confirmation of which Page 57Particular, Mr. Chetwin was sworn, who de∣posed, that on Tuesday after the Murder, one Mr. Sanbidge (a Kinsman of the Lord Astons) came to him from Elds, an Ale-house, and ask'd him, if he heard not of a Justice of Peace at VVest∣minster that was kill'd? the Girl of the House having told him that Mr. Dugdale had reported there that Morning that such an one was kill'd.
Mr. Bedloe being sworn, deposed also, that he saw Harcourt take the 80 l. out of a Cabinet, and pay the Mony to the Messenger that was to carry it to the Ruffians at Windsor, giving the said Messenger at the same time for Expedition a Guinea, as from Coleman, to drink his Health. —That in Harcourt's Chamber 1500 l. was agreed upon and appointed, as likewise the number of Masses, for Grove and Pickering for killing the King;—That he was one of those that agreed and consented to the addition of 5000 l. to the first 10000 l. to be given to Sir G. Wakeman. —That he brought Harcourt several Letters from Wotton, St. Omers, Bruges, Paris, Vallado∣lid, and Salamanca, all of them for carrying on the Plot, shewing what Men, and Mony was in readiness, and what more expected.—That the Contributions and Accounts lay generally in Harcourt's Hands, and that he had carried seve∣ral Papers from Harcourt to Langhorn concern∣ing the same matter.—That he carryed a Con∣sult to St. Omers from Mr. Coleman, to whom Harcourt went with him, and that in that Con∣sult was the main of the Design;—Also that he saw Harcourt give Sir G. VVakeman a Bill upon some certain Citizen for 2000 l. telling him at Page 58the same time, that it was in part of a greater Sum.
Then two Papers were produced and read in Court, which Sir Thomas Doleman deposed he found amongst Harcourts Papers; the first was a Letter from one Mr. Petre, giving an account when the Consult was to be, advising Secresy, as to time and place, it appearing of its own Nature necessary. The other was a Letter from one Christopher Anderton, dated from Hilton (by which was meant Rome) Feb. the 5th, 1677/8. wherein mention was made of the Patents being sent thence: both which Letters the Prisoners strugled much to vindicate by such forced Con∣structions of the matters they contained, as all the Court rejected.
Against Gavan Dr. Oates deposed, That he saw his Name to the Resolve, though he could not swear he was at the Consult of the 24th of April: That he gave an account from time to time of the Affairs of Staffordshire and Shropshire, relating to the Plot; and that coming to London, he gave the same account to Ireland his own Chamber, and talk'd of two or 3000 l. that would be ready for the Design.
Mr. Prance then deposed, that Harcourt had told him above a Year before, (as he was paying him for an Image of the Virgin Mary,) that there was a Plot upon the Life of the King.
Mr. Dugdale deposed against him, that it was he who had engaged him in the Plot upon the Life of the King, and often perswaded and en∣couraged him to it.—That at Ewer's and his Chambers at Boscobel and other places, several Page 59Consultations had been had about the Death of the King, and bringing in of Popery; wherein Mr. Gaven was always a great Man, being a good Orator to perswade People in the Design: —That at the same Consultations he had heard the Massacre often discours'd of. And that Ga∣ven should say,
As to Turner, it was sworn by Dr. Oates, that he was at the Consult of Fenwick's Chamber, and sign'd the Resolve.
Mr. Dugdale also deposed, that Ewers had told him that Turner was to carry on the Design in VVorcestershire.—That the said Turner had met with Ewers, Leveson and others, in several places, and had in every one of them given his consent to, and assisted with his Counsel in the carrying on of the grand Design of killing the King, and introducing of Popery.
This was the main of the Evidence for the King. The Prisoner's defence lay chiefly in seeking to invalidate the Testimony given against them; and to prove Oates perjured; they produced these St Omers Witnesses, who testify'd that he was not in England in April, viz. Mr. Hilsley, William Parry, Doddington, Gifford, Palmer, Cox (who differed in his Testi∣mony from all the rest, and caused two great Laughters in the Court) Thomas Billing, Townley, Page 60Fall, John Hall (Butler), Cooke (a Taylor); some of which were so positive, that they affirmed that Dr. Oates never lay but two Nights out of the Colledg from December till the middle of June. — And to prove further, that he did not come over with Sir John VVarner, and Sir Tho∣mas Preston (as he had deposed elsewhere) one Bartlet (a Dutchman) Carlier Verron, Baillee (who spoke by an Interpreter) John Joseph and Peter Carpenter appear'd.
Then Gaven produced two Witnesses to prove him to be at VVolverhampton in Staffordshire at the time of the Consult, viz. one Mrs. Kath. VVinford (at whose House he there lodged) and Mary Poole, a Servant in the House; the latter of whom was so lame in her Testimony, as caused both Laughter and Shouts. He pro∣duced four more, that affirm'd him to be in VVolverhampton the last week in July, but none that could speak to the other three weeks in that Month. However he protested his Inno∣cency, and desired to put himself upon the Trial of Ordeal.
Then VVhitebread in his defence offered to prove D. Oates mistaken in his Evidence at Mr. Ire∣land's Trial, which the Court would not allow.
Harcourt endeavoured to prove Dr. Oates mistaken as to Ireland's being with him in his Chamber in August. One Gifford, the Lady Southcott, Sir John Southcott, Mr. Edward South∣cott, (his Son) Mrs. Harewel, her Daughter, Eliz. Keeling, Pendrel, and his Wife, two Mrs. Giffords, and one Mr. Bedloe affirming him to have been most of that Month in Saffordshire.
Page 61Fenwick offer'd to invalidate Mr. Bedloe's Evi∣dence, from his having been an ill Man, &c.
Then Sir Creswel Levinz (of Counsel for the King) summ'd up the Prisoners Defence, and to clear Dr. Oates's Evidence about Ireland, he called Sarah Pain, who swore that she saw Ire∣land in London about the middle of August. And for the Proof of Dr. Oates's being in England at the time he said he was, Mr. VValker (a Mi∣nister) Mrs. Ives, Mrs. Mayo, Sir Richard Barker, Philip Page, Butler, (his Servants) Mr. Smith (Schoolmaster of Islington) and Mr. Clay, a Popish Priest; all deposed as to his being seen in April and May (78): to which the Prisoners only opposed the Number, and Innocency of their Evidence (being most young Boys). After which the Ld. Ch. Justice directed the Jury: and in summing up the Evidence, insisted particularly on Dugdal's Evidence concerning Sir Edmondbury Godfrey's Death, as a mighty Confirmation of the Plot. —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 a quarter of an Hour after, the Jury brought them all in Guilty. —Then the Prisoners were carried back to Newgate, and the Court adjourned till eight next Morning. And then Mr. Langhorn was tried, and found guilty: After which, they were all six brought to the Bar together, and received Judgment to be Drawn, Hang'd and Quartered: which accordingly was done upon these 5 Jesuits and Priests, on Friday, June the 20th, at Tyburn.
