they talked of the failure at Windsor: An therefore they did conclude, that Conyer should be joined to them, to do it at New market.-Bedlow. Yes, my lord. Bedlow. I do know, that Whitebread, and | Fenwick both, have been several times at consultations; but I do not know what the particular resolves of those consultations were. L. C. J. Did you ever hear them speak any thing in particular? Bedlow. No, I have never heard them speak any thing in particular. L. C. J. Where have you seen Fenwick? Bedlow. I have seen Fenwick at Harcourt's chamber, and I have often heard him talked of; and it hath been told me, That nothing was done without Fenwick. Whitebread. Are you sure you know us? Bedlow. I do not say, you are the man that employed me: you are the man I was least acquainted with, of all the society; but I have seen you there. Ireland. Can you bring any one that can testify it!? L.C. J. He must then have brought one of yourselves; and it may be, he cannot produce any such one. Ireland. Nor no one else, except such a knight of the Post, as Mr. Oates. L. C. J. You must be corrected for that, Mr. Ireland: You shall not come here to abuse the king's evidence. Nothing appears to us, that reflects upon Mr. Oates's testimony; and we must not suffer any such sort of language. Mr. Just. Atk. Take off his credit as much as you can by proof, but you must not abuse him by ill language. Mr. Finch. Can you tell the court and the jury, when it was that by agreement Grove should have the 1,500l. Bedlow. He was to have it put into a friend's hands. L. C. J. Do you know that friend's name? Mr. Finch. Do you know when that was to be delivered out to him? Bedlow. As to the particular time of their agreement, I do not know it. Mr. Finch. But this he says, That when the agreement was made, he was to have 1,500l. L. C. J. And he says this, That Ireland was in August last, with Pickering and Grove, and others, at a consult; where he was also. Ireland. But what if I prove I was not in London all August last, from the beginning to the end. L. C. J. You heard them talk of this matter in August, at Harcourt's chamber, you say? What, did they talk of it as a matter they had agreed? Bedlow. My lord, they brought it in, as being baulked in their design of killing the king at Windsor; and because that had not taken the effect they intended it, they should have Conyers joined to them, to do it at Newmarket. Mr. Finch. Did they tell you when, and where the agreement was made? L. C. J. No, he speaks not of that; but L. C. J. Have you any more to say? Bedlow. My lord, I would only say this If I had any to prove what I say, they must b parties as well as these persons. Ireland. My lord, I will prove, That was not in town in August all the month, b twenty witnesses: I will bring those that sa me in Staffordshire, and spoke with me a August. L. C. J. Have you any more to ask bim? Serj. Baldwin. Swear Mr. William Bedlow Ireland. He does say, That he was familia with me, and several other persons here; an therefore, I desire he may specify the place, an the company. William Bedlow. I do not say, there was familiarity; for I was a stranger to that part the society. L. C. J. You must take him right, Mr. In land; he hath not said, that he was of your f miliar acquaintance. Bedlow. I have seen you often, sir. Bedlow. At Monsieur le Faire's. Bedlow. At Somerset-house. Ireland. Name one. Bedlow. Signior Perrare. Ireland. You say, you saw me and Perra together at Somerset-house, I suppose, if sigm Perrare may be brought hither Bedlow. My lord, Perrare is a priest in ders; and without doubt is in this business. L. C. J. If he did see you, he must see y in such company as you keep, they were prie and Jesuits, and of your own religion; and know very well what answers we are like to put off with by men of your own persuasion this time of day. Ireland. My lord, if no body's oath can taken that is of another persuasion than church of England, it is hard. L. C. J. Pray mind you do not object ing nuously for you say, This witness swears saw me in such company, why does he not p duce them to testify it? Why? he does come prepared to produce them; if he shou we know well how you are concerned one another at this time; and we can hardly exp they should make true answers. But notw standing, if you will produce this Father P rare, (he cannot be sworn because it is aga the law, but) his testimony shall be heard, a let it go as far as it can. Bedlow. If your lordship pleases, my lord would convince him that he does know Have you not been, sir, at Somerset-house? Ireland. Yes, I have. Bedlow. Do you know le Faire and Perrare? Ireland. Yes, but I never saw you in their company in Somerset-house in my life, above once or twice.. Bedlow. Yes, you have twice at le Faire's. LC. J. Where is that le Faire? You would do well to produce him? Beslow. My lord, he is gone away, and is one against whom the king's proclamation is out. LC. J. You keep such company as run away, and then you require him to produce them, whom the king's proclamation cannot bring in. Ireland. I keep none but honest company. Bedlow. If your lordship pleases, I have one thing more that is very material to speak; at the same time that there was a discourse about these three gentlemen's being to destroy the king at Newmarket, at the same time there was a discourse of a design to kill several noble persons, and the particular parts assigned to every one. Knight was to kill the earl of Shaftsbury, Pritchard the duke of Buckingham, Oneile the earl of Ossory, Obrian the duke of Ormond. L.C. J. Well, will you have any more of this? Mr. Finch. You say, you saw Mr. Ireland say ass, where did you see him? that was to be raised in Ireland after his death. And he did approve of the four Jesuits that were to kill my lord of Ormond, and did consent to send Fogarthy down to the archbishop of Dublin, in case the four good Fathers did not hit the business. Mr. Whitebread, my lord, did consent when he came over, as appears by their entry-books. For there came a letter from him dated as from St. Omers, but I concluded it did not come from thence, because it paid but two-pence. Whitebread. Who was it that writ that letter? Oates. My lord, this letter was dated as the latter part of August, and dated as from St. Omers, but the post mark upon it was but twopence, to be paid for it; so that I do conclude thence Mr. Whitebread was then at esquire Leigh's house in But in that letter he did like the proposal that was made about killing the duke of Ormond in that consult, and the letter was signed with his own hand. L. C. J. I would gladly see that letter. Oates. If I could see it, I could know it. L. C. J. You have not that letter? Oates. No, but they kept a book wherein they registered all their resolutions, and there it was entered. L. C. J. You upon your oath say, That he as superior of them did keep a book, wherein they registered all their consults? Oates. Yes, my lord. L. C. J. You would do well to shew us your book, Mr. Whitebread. Whitebread. We never kept any. Bedlow. Not Mr. Ireland, but Mr. Fenwick, I bave seen him say mass, and at Wild-house. Oates. My lord, I did omit a consult wherein there was a design laid of taking away the duke of Ormond's life, and of a rebellion that was to be raised in Ireland. My lord, in the month of Oates. The consult did; for though the su→ January last, there came letters from archbi- perior have an absolute power over the subject, shop Talbot to London, which letters were pe- yet they never do any thing of consequence rused, by Fenwick, and Ireland, and White-without the consult. And this book was kept bread, and when they were perused, they were by the superior, and never opened but at the sent and communicated to the Fathers at St. consult, and therein all the passages were regisOmers. The contents of those letters were thus, tered. That the Catholics had a fair prospect of effecting their designs in the kingdom of Ireland. And this letter was inclosed in a letter signed by Whitebread, Ireland, Fenwick, and others, I name no man's name that is not here. L. C. J. You saw the letter? Outes. Yes, I did see it, and read it, wherein they did give thanks unto God, that he was pleased to prosper their designs so fairly in Ireland; and withal they did say, that they would not leave a stone unturned to root out that abominable beresy out of that kingdom. Now what that abominable heresy was, I have nothing but a conjecture. LC. J. We all know what that is well enough, there needs no proof of that. Oates. In the month of August, Fenwick, a little before he went to St. Omers, on the 21st of August, (as I think it was) that week that Bartholomew-fair began on (as I take it) be was then going to fetch home the provincial, and to carry some students with him, and he went anto St. Omers the Monday following; but then there was a consult, and at that consult Fenwick did consent to the contrivance of the death of the duke of Ormond, and for the rebellion VOL, VII. L. C. J. Produce your book, and we shall see whether you cannot catch Mr. Oates in something or other. Bedlow. My lord, that, book I have seen, and therein all their consults are registered. L. C. J. Was their books kept by them? Bedlow. Yes, my lord, all the consults did keep books, and Mr. Langhorn was the person that registered all into one. L. C. J. If a hundred witnesses swear it, they will deny it. Well, will you have any more? Mr. James Bedlow, this gentleman's brother, to shew L. C. J. Are you sworn, sir? J. Bedlow. Yes, my lord, I am. L. C. J. Do you know Pickering or Grove? L. C. J. Did your brother know any thing of them? J. Bedlow. As for the conspiracy of killing I the king, I know nothing of it; but about his knowledge of Priests and Jesuits, and the converse he had beyond sea, that I can speak to. And I have very often heard these men's names named. L. C. J. In what nature did he talk of them? J. Bedlow. I know nothing of the Plot, and as for any Design I knew not what my brother knew, but I have heard him talk of them. LC J. How did he talk of them? J. Bedlow. He mentioned them as his acquaintance, the Jesuits there did ask him questions about them. L. C. J. And did it appear to you they were of his acquaintance? J. Bedlow. But I understood nothing of the Plot or Desigu, by the oath I have taken. L. C. J. But did be speak as if he knew any of them? J. Bedlow. For any certain knowledge that my brother had of them I cannot speak, but I have often heard lum talk of them as people I thought he knew. Mr. Finch. Do you know, that when he came over from beyond sea, that his lodging was frequented by ary, and by whom? J. B-dlow. Yes, there were many priests and Jesuits came to him. Mr. Finch. Did your brother receive any, money from them? J. Bedlow. Yes, my lord, I have fetched many score of pounds for my brother from them. L. C. J. The use, gentlemen, that the king's council make of this evidence, is only to shew, That his brother Mr. Bediow was conversant in their affairs, in that he hath received many a score of pounds in the managing of their busi Finch. Of whom? J. Bedlow. Of Priests and Jesuits. J. Bediowo. For my brother. L. C. J. Will you have any more evidence? Mr. Serj. Baldwyn. Yes, my lord, the next evidence we produce, is concerning a letter; there was a letter written by one Mr. Peters, that is now a prisoner, to one Tonstall a Jesuit; and this letter does mention, That there was a meeting appointed by order of Whitebread to be at London. L. C. J. What is that to them, and how come you by it? Serj. Baldwyn. Peters is now in prison for things of this nature; and you have heard of one Harcourt, and out of his study this lette was taken. W. Bedlow. My lord, may I not have libert to withdraw? My head akes so extremely, cannot endure it. L. C. J. Mr. Bedlow, you may sit down but we cannot part with you yet. Ireland. I desire, my lord, that his brothe may be asked, how long he had known me. L. C. J. Can you recollect by the discourse you have heard, how long he might have know Ireland? J. Bedlow. No, my lord, it was out of m way. L. C. J. But did he talk of Ireland? Ireland. He named one place three yea ago, it was at Paris. L. C. J. But he does not say that you wer there, but that you were familiarly talked there; so that the meaning is, they were a quainted with you: And this is only brought shew, that it is not a new-taken-up thing Bedlow, though you seemed never to hav known any such man; yet he swears, saith b I have heard such persons talked of as my br ther's acquaintance. Ireland. If his brother had talked of three years ago, why then he must have know ine three years ago. L. C. J. I will ask him that question: Ho long is it since you knew him? W. Bedlow. I have known him but sin August this same last summer; but, my lord, talkt five, and four years ago of several Englis Monks and Jesuits that were then at Rom that I never knew in my life. L. C. J. His answer then is this, saith! brother, I have heard him talk of them thr years ago; I then asked Bedlow, how long had known them? saith he, I did not kn them three years ago, though I did talk of the three years ago; for we have talkt of ma that we never saw in our lives: So it seems had occasion to make use of your names f quently, and join them with those of some knew better: But he never knew you August last; but he did discourse of you thr years ago, as known for such sort of persons. Ireland. He must hear somebody speak us, as being in some place or another. W. Bedlow. I will satisfy you in that. talk of some now in England, that are to sent a year hence. L. C. J. If you can produce but Harco and Le Faire, they will do you great serv now. W. Bedlow. My lord, as for example, Fat Pritchard is confessor to such a gentleman England now this year; a year hence we m send such a one hither, and he must go ba And we may talk of that person as in Engla two years before. L. C. J. You need not trouble yoursel about that. Mr. Ireland, you shall have a trial, but you will not have cunning or art enough to deceive the jury, nor will Mr. Whiteread have learning enough to baffle the court. Then Mr. W. Bedlow and his Brother withdrew. Serj. Baldwyn. My lord, The next evidence that we shall give, as I said, is a letter from one Peters to one Toustall, and this we will bring home to Mr. Whitebread, for it is an invitation to be at the consult held at London the 24th of April; and it was written about that very time, to wit, the 3d of April. It was written from London, and it mentions, that Mr. Whitebread did fix the meeting at that time. We will tell you how we came by the leter, Mr. Harcourt, who is one of the principal persons here, and at whose house was the meeting you heard of, he himself is fled way, when they came to look after him upon the discovery that was made: And Mr. Bradley, who was the messenger to seize upon him, did according to direction search his study, and did there find this letter, which we conceive, my lord, to be very good evidence; this Harart being a party, and one at whose house the last meeting was, and others was. We do conceive a letter from one of that party, bear ng date about the same time, concerning Mr. Whitebread's Summons, who was master of the Company, is very good evidence against them. LC.J. If you had found it in Mr. Whitebread's custody, you say something. Just. Bertie. My brother puts it so: We find a letter directed to Mr. Whitebread, let the matter of it be what it will, it is found among Harcourt's papers. Serj. Baldwyn, No, my Lord; we find a letter from one Mr. Peters now a prisoner directed to Mr. Tonstall concerning the consult summoned by Whitebread, and this we find in Harcourt's possession. LC.J. I cannot understand how this may affect Mr. Whitebread. Mr. Finch. Pray, my Lord, if your lordship please, this is the use we make of this let ter; we do not produce it as another evidence of this design, but to fortify that part of the evidence which hath already been given, That there was a consult summoned at that time, and to be held with all the privacy that could be, to prevent discovery. And this is the paper that we find in the custody of Harcourt, one of th conspirators, who is fled for it. L. C. J. Look you, Mr. Finch, if you use it not against any particular person, but as an evidence in general that there was a plot oogst them, you say right enough; but it cannot be evidence against any one particular person of the prisoners at the bar. Mr. Finch. My lord, it can affect no particular person; but we only use it in the general, and we pray it may be read. L.C.J. Gentlemen of the jury, before you bear the letter read, I would say this to you, Let them have fair play; whatsoever they mere unto others, we will shew them justice. They shall have as fair play upon their trials as any persons whatsoever. The thing that is offered to be given in evidence, is a letter written by one Peters a prisoner for this plot, and found in Harcourt's chamber, a priest that is directed to one Tonstall a jesuit, and this is fled, and one whom the king hath commanded to render himself by his proclamation; but he does not. Now in that letter there is a discourse of a design and plot on foot. This cannot be evidence to charge any one particular person of these; but only to satisfy you and all the world, that those letters and papers that are found amongst their own priests, do fortify the testimony of Mr. Oates, that there is a general plot: It is not applied to any particular person. Oates. The day before the consult met, Mr. Whitebread did ask Mr. Peters whether he had summoned the consult according to his direction. Mr. Peters told him, Yes, he had writ into Warwickshire and Worcestershire. Whitebread. When was this? Oates. The day before the consult met. Whitebread. Did you hear me ask Mr. Peters ? Oates. Yes, I did hear you, and I did hear him say he had done it. Now, my Lord, this letter that is found in Harcourt's study shews, that Mr. Whitebread had directed Mr. Peters in this consult. Serj. Baldwyn. Pray swear sir Tho. Doleman to shew how he came by it. Which was done. Serj. Baldwyn. Sir Thomas Doleman, what do you know of this letter? Sir Tho. Doleman. This letter in my hand was taken amongst Harcourt's papers, in a great bag of paper; and searching them I did find this letter amongst the rest. Then the letter was shewn to Mr. Oates. L.C.J. Were you acquainted with his hand? Oates. Yes, my Lord, I have often read it in letters. L. C. J. Do you know Tonstall? Oates. My Lord, I do not know him by that name; If I did see him, perhaps I might I know men better by their faces. Sir Cr. Levinz. Pray read it. Cl of the Cr. This is dated February 23, 1677. And superscribed thus, ("These for his honoured friend Mr. William Tonstall at Burton.") "Honoured dear Sir, 'I have but time to convey these following 'particulars to you. First, I am to give you notice, that it hath seemed fitting to our Master Consult, Prov. &c. to fix the 21st day ' of April next Stylo veteri, for the meeting at London of our congregation, on which day all those that have a suffrage are to be present 'there, that they may be reasy to give a begin ning to the same on the 24th, which is the 'next after St. George's-day. You are warned 'to have jus suffragii, and therefore if your 'occasions should not permit you to be pre 'sent, you are to signify as much, to the end others in their ranks be ordered to supply your absence: Every one is minded also, not to hasten to London long before the time appointed, nor to appear much about the town until the meeting be over, lest occasion should be given to suspect the design. Finally, 'secrecy, as to the time and place, is much re'commended to all those that receive summons, as it will appear of its own nature necessary.' L. C. J. So it was very necessary, indeed. Cl. of Cr. There is more of it iny Lord. 'Tertio pro domino solono disco Benefact. Prov. Luniensis. 'I am straitened for time, that I can only assure you, I shall be much glad of obliging you any ways, Sir, your servant EDWARD PETRE, "Pray my service where dur, &c." L. C. J. You know nothing of this letter, Mr. White bread ? agree with him to charge three, and that in this particular: saith he, I was present at Harcourt's chamber when Ireland was there, and Pickering and Grove, where they discoursed of their defeat about their design against the king at Windsor; and there they came to a new agreement, to do it at New-Market. So that here is now, as the king's counsel did open it to you at the first, as there ought to be, two witnesses; so here are two, which though they speak as to a different circumstance of time, yet they prove one treasonable fact at several times: for if kiling the king be the fact in question, and one proves they would do it by one thing, and another by another; and one in one place, and another in another; yet these are two witnesses to prove one fact, that is, the substance, which is, the killing of the king. So that there are two witnesses against them three, expressly proving a confederacy to kill the king for Ireland's being by, and conscuting, was the same thing, and as much, as if he had been to do it with Grove and Pickering; for there are no accessaries in treason. I do acknowledge, that Mr. Oates hath given a very full and ample testimony, accompanied with all the cir cnmstances of time and place, against them all, that may go far to weigh with you, all things considered, to believe there is a Plot; yet I do not think that they have proved it against Whitebread and Fenwick by two wit nesses: so that though the testimony be so full, as to satisfy a private conscience, yet we must go according to law tuo. It will be conve nient, from what is already proved, to bare them stay until more proof may come in: it is a great evidence that is against them; but it not being sufficient in point of law, we discom-charge you of them; it is not a legal proof to convict them by, whatsoever it may be to satisfy your consciences. Therefore remove Mr. Fenwick and Mr. Whitebread from the bar, and let the other three say what they will for themselves.* Whitebread No, my Lord, nothing at all. Serj. Baldwyn. Pray, sir Thomas Doleman, will you tell my Lord, did Mr. Oates give in this testimony of the consult, to be the 24th of April, before this letter was found? Sir T. Doleman. Mr. Oates gave in his information about this matter, to the king and council, four or five days before we found this letter. Serj. Baldwyn. You were speaking of the seals that were made use of to sign missions, have you them in the Court? Oates. Yes, my lord, they are in the Court, and they were taken out of the Provincial's chamber. Whitebread. I confess they had the seals out of my chamber; but the taking of them was more than they had power to do. L. C. Baron. (William Montague, esq.) (speaking to the gaoler,) you must understan Then the Seals were shewn to the Court and they are no way acquitted; the evidence is so the Jury. Mr. Finch. It hath been told you already, gentlemen, what use these seals were put unto; to seal commissions to raise an army. And we have now done with our evidence for the king, until we hear what the prisoners say. L. C. J. Before you come to make your defence, I will do that which I think in justice and honesty, and according to the duty of my place and my oath, I ought to do; that is, to say something to the jury, before the prisoners make their own defence. Here are five that stand indicted of high-treason: I must tell you this, That as to three of them, that is to say, Ireland. Pickering and Grove, both Mr. Oates and Mr. Bedlow have sworn the thing flat upon them: Mr. Oates his testimony is full against them all; but Mr. Bedlow does unly full against them by Mr. Oates's testimony, that back to the gaul by the keeper. L. C. J. Now, gentlemen, you shall have liberty to make your full defence. Ireland. First, I shall endeavour to prove there are not two witnesses against me: for that which he says, of my being at Harcourt's chamber in August, is false; for I will prove See the account of their Trials, June 18, 1679, infra, and the Note thereto. |