by any man in England; and pray direct your• Į self, Mr. Whitebread, to the Court. Whitebread. He says he was here in April, and at the consult; now I desire to know how long before that time were you and I acquainted? Oates. Why, before that time I never saw Mr. Whitebread's face. Whitebread. What employment were you to have, and what reward? Oates. When I came away from St. Omers, I was to attend the motion of the Fathers at your chamber, and to carry the resolve from chamber to chamber, where the Fathers were respectively met. Fenwick. Was not you at the White-Horse tavern? Oates. Yes, I was there. Fenwick. Did you dine there? Qates. No, our stay was short there. Fenwick. How long did you stay in town? Oates. Truly, I cannot tell you exactly; but from the time I came into England, to the time I went out again, was under twenty days. Fenwick. Who were they that came over with you? name the parties. Oates. I will tell you who they were; but it is so long since, I cannot exactly remember. Fenwick. You need not trouble your memory, you have them in your Narrative. Outes. My lord, there was father Williams, the rector of Wotton, the rector of Liege, Sir John Warner, sir Thomas Preston, and some others. Whitebread. Was not Mr. Nevil there? Oates. I believe he was, it is like he might be there. Whitebread. Was not sir Robert Brett there? rative. L. C. J. Perhaps a man will venture to write more than he will swear; not that he does write what he does not believe, but that he knows he ought to be more cautious in his oath, than in his affirmation. Fenwick. My lord, with your lordship's favour, it is upon oath. L. C. J. North. Fenwick, you are in a court of law, and we must go according to the law; if you will prove any contradiction in him to his oath, you must bring the persons here that saw him take the oath; and you must not think to take a pamphlet for evidence. Fenwick. It was sworn before a justice of peace, and will not, I suppose, be denied; and therefore he must make his evidence agree with it, being part of his Narrative. Gavan. You speak of one thing in August, and of another in July; which month saw you me in ? Oates. I told you, I saw you in town in July, and when father Ashby or Thimbleby was in town; and you said you would go and see him. Justice Pemberton. He says it was in July, and that is enough. Gavan. What time in July? Oates. It was towards the middle or latter end. Gavan. Was it before Mr. Ashby went to the Bath ? Outes. It was so. L. C. J. He says he saw you in town, when Ashby was in town, which was towards the latter end of July, or beginning of August. He cannot tell exactly whether, but positively he says before Mr. Ashby went to the Bath. L. C. J. North. Well, to satisfy you, we will ask Mr. Oates the question again. Can you recollect whether it was the middle or latter end of July? Oates. My lord, as near as I can remember, it was about the middle of July that Ashby came to town, and he did not stay in town above a fortnight and it was whilst he was in town, and designed to go down to the Bath, that this gentleman came to town, and gave account of the particulars of that letter. L. C. J. North. You may ask him any questions; but I would have you observe what account he gives, that about the middle of July, Ashby came to town, that he staid in town about a fortnight, as he believes, that during that time you came to town, and then was this discourse. Oates. During that time I saw him in town, but I know not exactly when it was. Gavan. My lord, I would ask him one question; the thing that is brought against me is this; he says Mr. Ashby came to town in the middle of July, that he staid in town a fortnight, that while he was there I came to town, and had such discourse: now, my lord, I desire to know, whether it was the first week, or last week, that Ashby was in town, that he saw me. L. C. J. If he can answer it, let him. Oates. My lord, I cannot. L. C. J. He tells you, he cannot charge his memory with it. Oates. No, my lord, nor will not. L. C. J. Really, I believe there is scarce one in all this company, able to give an account of a particular time of a passage so long ago. Gavan. No doubt he hath an excellent memory. L. C. J. And if he had not some memorials of this he could not do it. And though he hath memorials of the most eminent passages, yet we cannot suppose he hath of all circum stances. Gavan. But this is the substance; and your lordship may conceive that not without reason I urge it; for if Mr. Ashby came to town the beginning of July, and staid but a fortnight in town, and I came to town while he was here, it must be in one of the two last weeks. Now I would have it ascertained, because I may disprove it in one week or in the other. L. C. J. It is true, you did not amiss in asking the question, if he were able to answer it ; but if it be either, it is enough to prove you guilty. Gavan. Pray, was it only one time, or divers that you saw me in London? Oates. To Ireland's chamber. L. C. J. An apothecary, he says, whose name was Walpoole. Gavan. My lord, I never saw Walpoole in all my life. L.C. J. I believe he is known well enough, such an one as Walpoole the apothecary. But ask what questions you will. Oates. I cannot say whether it was Walpoole himself or his man, that brought it. Gavan. I do as truly believe there is a God, an Heaven, and an Hell, as any one here does; as I hope for Salvation, as I hope to see God in Heaven, I never saw Mr. Oates before the day in January, when he says I had the periwig on, and he did not know me: and as for July, I call God to witness, I never saw him then. L. C. J. You were in town in July? Gavan. Upon my salvation, I was not in London. L. C. J. You will prove that by and by. Fenwick. I hope, my lord, we may ask him any questions in the Court, of our evidence, to make things clear? L. C. J. Yes, you may. Turner. Did you ever see me in all your life, before you saw me at Whitehall? Oates. You were then in a disguised habit, and a nasty periwig, and I did not know you so well. Turner. You, at Whitehall, was pleased to tell me, I went by another name. Oates. I do not value names, but your person: you are the man. L. C. J. You are the man, he says. Turner. Did you see me at the consult? Outes. I saw the man that speaks to me. Turner. Who were there? and how many were present? Oates. There were about forty or fifty. L. C. J. When you have but one name apiece, then he can hit it right; but when you have so many names, then you are too hard for him. Turner. Did you see me at the White-Horse? Oates. That I will not say; for when they were in lesser clubs or colloquies, I was sure of better acquaintance with them. Turner. Where was it you saw me? Oates. At Mr. Fenwick's chamber. Turner. At Whitehall, you said it was at Wild-house. Oates. My Lord, because the chiefest part of the consult sat at Wild house, we called it all the consult at Wild-house. L. C. J. I see your defence will be little else but captiousness, to disprove him in circumstances of time, place, persons, or numbers; now all these are but little matters to the substance: It is true, Mr. Whitebread, if you can prove you were not at that place at that time, it will do you great service. Have you any thing more to say to him? L. C. J. North. I hope your witnesses are in readiness that you were speaking of, to fortify your testimony. Outes. Yes, my Lord, they are, I desire they may be heard. L. C. J. By and by, when occasion is. Jury. My Lord, I desire he may be asked one question. L. C. J. Mr. Garraway, what question would you ask him? Jury. Where it was that he saw Mr. Turner at the consult? Oates. I saw him at Fenwick's chamber, where he was a member of the consult; and being so, I saw him sign the resolve of the king's death. L. C. J. Did you see him? Sir Cr. Levinz. Then we desire Mr. Dugdale may be sworn (which was done). Come, Mr. Dugdale, pray will you tell my Lord and the jury what you know concerning Whitebread and Harcourt? first about Whitebread. Dugdale. My Lord, I have very little acquaintance with the man, I have seen him at Tixall, with my old Lady Aston. L. C. J. When? - Dugdale. I dare not speak the time, but appeal to him himself about the truth of it. L. C. J. Is it years ago ? Dugdale. It is two or three years ago. L. C. J. Well, what can you say against him? Dugdale. Mr. Whitebread did write a letter that I saw under his own hand inclosed in a letter from Mr. Grove to Mr. Ewers, wherein he gave Mr. Ewers a caution, to choose those that were very trusty, it was no matter whether they were gentlemen or no, so they would be but stout and courageous: this was the purport of the letter, I cannot say the words exactly, but that he should choose those that were hardy and desperate to that purpose. L. C. J. Pray where was it you saw that let ter? Dugdale. At Tixall. L. C. J. How came you to see it? Dugdale. Because all the letters were directed to me, that came to Mr. Ewers inclosed in Mr. Grove's letters: and so I intercepted the letter, and read it. L. C. J. What was Mr. Ewers? Dugdale. A Jesuit, my confessor; for I was entertained by Mr. Gavan to be in the conspiracy of the king's death, and so was I by several others. L. C. J. You were not acquainted with Mr. Whitebread's hand, were you? Dugdale. My Lord, I only came acquainted with Mr. White bread's hand, by seeing him write a letter at Tixall, which he delivered to me to send. L. C. J. I pray let them understand you: you say that Mr. Whitebread did write a letter to Mr. Ewers, inclosed in one from Mr. Grove, wherein he advised that he should entertain lusty stout fellows, and no matter whether they were gentlemen, or to that effect: now I ask you, how you do know that was Whitebread's hand? or was it his name only that was to it? Dugdale. My Lord, I saw his name at it. L. Č. J. When you saw that letter, had you seen his hand before? Dugdale. Yes, My Lord, I saw it to another letter which I saw him write. L. C. J. And that was like the hand in the letter to Ewers, was it? Dugdale. Yes I do almost positively swear it was the same hand. L. C. J. But what say you to Gavan and Ewers? Dugdale. There were several consultations in Mr. Ewers' chamber, my own, and at Boscobel, and several other places. Mr. Gavan night be so ingenuous as to confess it. L. C. Baron (William Montague, esq.) What were those consultations for ? Dugdale. For conspiring the king's death, and introducing of Popery. Mr. Gavan was chiefly made use of as a good orator and learned man, and a good scholar, to persuade people into the design; this I speak as to these per sons. L. C. J. 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. Dugdale. One Meeting I think was in September last, it was at Tixall, and there was my Lord Stafford, and several others. L. C. J. Was Gavan there? Dugdale. Yes, Mr. Gavan was there; I suppose he will not deny it. Mr. Justice Pemberton. Don't rely upon that, be will deny it, you may be sure; go on. You say he was there? L. C. J. Pray who mentioned this? was that the first time that ever they discoursed of the death of the king? Dugdale. No my lord, it was two years ago, but I speak of a shorter time. L. C. J. Who began the discourse? Dugdale. Mr. Gavan often discoursed of it, and encouraged me to it. L. C. J. Who broke it first to you? who seemed the principal man? Dugdale. Ewers and Gavan. L. C. J. By the oath that you have taken, repeat it once more, for this is new to us. Gavan. It is so to me too upon my soul, for upon my conscience I never heard of it before. L. C. J. It is a mighty confirmation of what was before discovered. Dugdale. But I speak to Mr. Gavan, and appeal to him himself. Gavan. Look upon me with confidence, if you can. Lord Justice Pemberton. You must not threaten the king's witnesses. Dugdale. 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. L. C. J. 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 eleven mile of Tixall, my lord Aston's, 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 Aston's house was this discourse? 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? Dugdale. I have told you there was Mr. Ewers, and Mr. Lewson, and Mr. Petres, 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 400l. 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 1001. more for the carrying on the work. Upon which Mr. Gavan promised me that I should be canonized for a saint. Mr. Justice Pemberton. Mr. Gavan himself? Dugdale. Yes my lord. Mr. Belwood. What do you know of any foreign assistance? L. C. J. I would fain have all the world hear this; pray what was discoursed in the parlour in my lord Aston's house, and in Ewers's chamber? Dugdale. It was about taking away the king's life, and introducing the Popish religion. L. C. J. By the oath you have taken, was that their discourse? Dugdale. Yes my lord, they were contriving how to kill the king and introduce popery. Sir Cr. Levinz. Pray, have you heard any discourse of an ariny, or about making a massacre? 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. C. J. You deliver your testimony like a Beber modest man, upon my word. Sir Cr. Leving. What say you as to a massacre? by Mr. Grove to Mr. Ewers, which letters did contain treason in them, for the introducing of popery, and killing and destroying the king. L. C. J. How can you tell that? Dugdale. Mr. Harcourt bath given it under his own hand, and I have intercepted the letters and read them. L. C. J. You were acquainted with the hand? Dugdale. Yes, my lord. L. C. J. You read the letters? Dugdale. Yes, my Lord, I did. L. C. J. How many letters have you intercepted? Have you intercepted twenty? Dugdale. Yes, a hundred, my Lord. Mr. Harcourt was the first that gave intelligence into the country (as I know of) of the death of sir Edmundbury Godfrey. Sir Cr. Levinz. Tell when it was given, and Dugdale. I have made it out already upon oath, and I have witnesses to prove it. Dugdale. My Lord, I have at some consul-how. tations 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. Harcourt'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 alarm, and give out, that it was those still king-killing Presbyterians 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. L.C. J. It was pretty advice 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. 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? Dugdale. Yes my lord, he hath, and shewed me several examples for confirming me in it. L. C. J. What for killing the king? Dugdale. For the killing of any, to introduce their own religion. Mr. Belwood. Pray, will you name some. 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. L. C. J. And so now there is by St. Cole man too. Sir Cr. Levinz. What letters have you received from Mr. Harcourt. Dugdale. I have received several pacquets of letters from several persons beyond seas, which were, by his instruction, communicated VOL. VII. Sir Cr. Levinz. Pray, Sir, tell it now. Dugdale. It was directed to Mr. Ewers, and it was three days before he was found, for it was received on the Monday, and he, as it is proved, was killed on the Saturday. The words were these, This very night sir Edmundbury Godfrey is dispatched. And I very much rejected Mr. Ewers for this action, and then told him, This will overthrow the design, or I will be hanged. L. C. J. What day did you receive the letter? Dugdale. I have proved I received it on a Monday. L. C. J. But pray what date did it bear? Dugdale. That letter must come by Saturday post, for it is said This night sir Edmundbury Godfrey is dispatched.' L. C. J. He did not name any body, by whom? Dugdale. No, but it said he was killed, and we knew by whom. Mr. Just. Pemberton. And are you sure that was Mr. Harcourt's letter? Dugdale. Yes; for he did usally sign his letters with two letters W. H. which stood either for Harcourt or Harrison. Mr. Belwood. Did you acquaint any body with this, or did you conceal it ? Dugdale. I did go to an alehouse that is hard by my Lord's the next day, which was Tuesday, and there I asked, If they did not hear some news of a knight's being killed at London? And I have an evidence here, if your lordship please, I will call him, who, I desire, may testify the same thing. L. C. J. Yes, by all means. Sir Cr. Levinz. Mr. Dugdale, Pray, will yon give us some more account of the letter that came from Mr. Whitebread to Mr. Ewers. Dugdale. I remember one particularly, but Dugdale. I particularly remember that. Harcourt. My Lord, I desire to ask him one | question, When was the last time that you received any letters from me? Dugdale. The last I received from you (to the best of my remembrance) was that about sir E. Godfrey, and it was in October. Harcourt. I have not writ to that person this year and a half. L. C. J. Let that man be called that proves this business of the death of sir Edmundbury, and the talk of it. Dugdale. Mr. Harcourt, you know very well, that when Mr. Ireland was last in the country last year, you were to send him the answers that came by letters from St. Omers, and those were sent down to my lord Aston's, and I saw them, eight of those letters, I am sure. And I can prove it by one circumstance; two of them came relating to Mr. Edward Aston's death, from Paris; I intercepted them, and talking of it, that I could conjure, and tell the death of Mr. Edward Aston, before any of his friends knew of it. And Mr. Ireland writ a chiding letter about it, that he had not heard it sooner, and you sent down word, That you did write those letters, and yet you say you have not written to me of a twelvemonth, or more. Harcourt. This gentleman does pretend to know my hand, and it is true, I have writ several letters for Mr. Ewers, and directed to him; but as to this time he speaks of, I have left off writing for divers years. He pretends to know me, and yet this gentleman before the Committee of Commons in parliament, which was yesterday was five weeks, as well as he knew my hand, came and said I was a gentleman he did not know. He came also to entrap me at the Gate-house before those gentlemen of the Committee of the House of Commons; but because he said he knew my hand so very well, and testifies those expressions in the letter, I must say this, I never did write any such letter, nor did I ever in my life seem to approve of any man's death or murder. But the thing is this, he pretends to know my hand and to prove it, the gentlemen desired me to write my own hand and my name, and he in the mean time did withdraw, and three of them did write their names, and afterwards they called bim in again, and asked him which was Harcourt's hand, and he was not able to say which it was. L. C. J. You write more hands, as well as have more names, and can counterfeit your hands, as well as change your paines. Mr. Just. Pemberton. You speak before your time, and your bare word goes for nothing. L. C. J. Bot, Mr. Dugdale, where is your witness? Harcourt. I do not know any thing of this. L. C. J. But if he calls up a witness, of whom you can have no suspicion, that can testify, that at this time Mr. Dugdale spoke about the death of sir E. Godfrey, what will you say to that? Harcourt. I believe there is no such thing, at all. Sir Cr. Levina. My Lord, hefe is Mr. Chetwyn, pray swear him. (Which was done.) L. C. J. Mr. Chetwyn, Do you remember that Mr. Dugdale came to you any time last summer, and what time, and what discourse had you? Chetwyn. My Lord, if your lordship please, I was most part of the summer in the country, I came into Staffordshire about the 29th of August. My Lord, there is a gentleman, one Mr. Sanbidge, that is a kinsman of my lord Aston's, that was very well acquainted with the family where I was, which was half a mile off my Lord's, and used to come and play with me at tables. My Lord, at that very time in October he came to me, and there says he, do you hear nothing of a justice of peace in Westminster, where you live, that is killed? Or to that effect. No, said 1, and I had letters yesterday, and heard nothing of it. Saith he, I was this morning at Elds, and there a girl of the house told me, Mr. Dugdale had been there, and reported that there was a justice of peace of Westminster was killed; but who he should be I never heard named, and on Saturday following my letters brought it down to me. L. C. J. When was it that this was spoken? Chetwyn. It was Tuesday morning, (as I remember) and that by a very good circumstance, I went that day for Litchfield, and the Saturday after the news came to me to Litchfield, that sir Edmundbury was found murdered. L. C. J. The jury would do well to observe this in point of time. Sir E. Godfrey was killed, as it was since proved, on Saturday, but on Monday he was missed, on Thursday he was found, and on Saturday the news was spread all over the country. Now, said he, the Tuesday before the news came down, which must be the Tuesday after the Saturday he was killed, one comes from the alehouse and asks, Do you not hear of a justice of peace at Westminster that is killed; for the wench at yonder alehouse says, Mr. Dugdale was here this morning and reported such a one was killed. So that it is most notorious, as any thing in the world can be, that this thing was known to them, before any of us knew what was become of him. Mr. Just. Pemberton. How do you further know it to be upon Tuesday? Chetwyn. I know it to be that Tuesday, my Lord, very well, for we all went about such a time to my cousin's mother, to stay a week there, and after I returned back, and on Tuesday the 15th of October I went to the race to Litchfield, and stayed till Saturday there, and came thence to London, and was here the Wednesday, being the first day of the term. But I remember particularly the first information Mr. Dugdale gave in the country, came to my cousin's bands from the mayor of Stafford, and I happened to see him, I think it was Christmas day. It came inclosed in a letter. Upon the apprehension of Mr. Dugdale, I remember I met him, and he told me of it, and said he, the parliament did not sit that day; So he went to acquaint the Lord Lieutenant of |