Sir Philip Matthews. I desire sir William | weighing, but being moved and seduced by Roberts may be called first. Which was granted. Cl. of Cr. Sir William Roberts to the book. Look upon the prisoners. You shall well and truly try, and true deliverance make between our sovereign lord the king and the prisoners at the bar, whom you shall have in your charge, according to your evidence. So help you God, The same oath was administered to the rest, the prisoners challenging none, and their names in order were thits: Sir William Roberts, bt.; sir Philip Matthews, bt.; sir Charles Lee, kt.; Edward Wilford, esq.; John Foster, esq.; Joshua Galliard, esq.; John Byfield, esq.; Thomas Eglesfield, esq.; Tho. Johnson, esq.; John Pulford, esq.; Thomas Earnesby, esq.; Richard Wheeler, gent. Cl. of Cr. Crier, count these. Sir William the instigation of the devil, the cordial love, and true, due, and natural obedience, which true and faithful subjects of our said sovereign lord the king towards our said sovereign lord the king should and of right ought to bear, altogether withdrawing, and endeavouring, and with their whole strength intending, the peace and common tranquillity of this kingdom of England to disturb, and the true worship of God within this kingdom of England used, and by law established, to overthrow; and to move, stir up, and procure rebellion within this kingdom of England, and the cordial love, and true and due obedience, which true and faithful subjects of our said sovereign lord the king toward our said sovereign lord the king should and of right ought to bear, wholly to withdraw, vanquish, and extinguish, and our said sovereign lord the king to death and final destruction to bring and put, the 24th day of April, in the year of the reign of our said sovereign lord Charles 2, by the grace of God of England, Scot land, France, and Ireland, king, defender of the Faith, &c. the 30th, at the parish of St. Giles Cl. of Cr.. Crier, make proclamation. in the Fields aforesaid, in the county of MidCrier. O yes! If any one can inform my dlesex aforesaid, falsely, maliciously, deceitLords the king's Justices, the king's Serjeant, fully, advisedly, and traitorously, they did, the king's Attorney, or this Inquest now to be propose, compass, imagine, and intend to stir taken between our sovereign lord the king and up, move, and procure sedition and rebellion the prisoners at the bar, let them come forth within this kingdom of England, and to procure and they shall be heard, for now the prisoners and cause a miserable slaughter among the substand at the bar upon their deliverance: and jects of our said sovereign lord the king, and all others that are bound by recognizance to wholly to deprive, depose, throw down, and give evidence against any of the prisoners at disinherit our said sovereign lord the king from the bar, let them come forth and give their his royal state, title, power, and government evidence, or else they forfeit their recogniz-of this his kingdom of England, and him our ance. And all jurymen of Middlesex that have been summoned and have appeared, and are not sworn, may depart the court and take Crier. One, &c. Clef Cr. Richard Wheeler. their ease. Cl. of Cr. Make proclamation of silence. Crier. O yes! All manner of persons are commanded to keep silence, upon pain of imprisonment. Cl. of Cr. Thomas White alias Whitebread, hold up thy hand: Which he did, and so of the rest. You that are sworn, look upon the prisoners, and hearken to their cause. You shall understand, that they stand indicted by the names of Thomas White otherwise Whitebread, late of the parish of St. Giles in the Fields in the county of Middlesex, clerk; William Ireland, late of the same parish in the county aforesaid, clerk; John Fenwick, late of the same parish in the county aforesaid, clerk; Thomas Pickering, late of the same parish in the county aforesaid, clerk; and John Grove, late of the same parish in the County aforesaid, gentleman: For that they as false traitors of the most illustrious, serene, and most excellent prince, our sovereign lord Charles 2, by the grace of God of England, Scotland, France, and Ireland, king, defender of the faith, &c. their supreme and natural lord, not having the fear of God in their hearts, or the duty of their allegiance any ways VOL. VII. said sovereign lord the king to put to death, and utterly to destroy, and the government of this kingdom of England, and the sincere religion and worship of God in the same kingdom, rightly and by the laws of the same kingdom established, for their will and pleasure to change and alter, and wholly to subvert and destroy the state of the whole kingdom, being in all parts thereof well instituted and ordered, and to levy war against our said sovereign lord the king within this his realm of England: And to fulfil and bring to pass these their most wicked treasons and traitorous designs and purposes aforesaid, they the said Thomas White otherwise Whitebread, William Ireland, John Fenwick, Thomas Pickering, and John Grove, and other false traitors unknown, the said 24th day of April, in the said 30th year of the reign of our said lord the king, with force and arms, &c. at the parish of St. Giles in the Fields aforesaid, in the county of Middlesex aforesaid, falsly, maliciously, deceitfully, advisedly, devilishly, and traitorously did assemble, unite, and gather themselves together, and then and there falsly, maliciously, deceitfully, advisedly, devilishly, and traitorously they did consult and agree to put and bring our said sovereign lord the king to death and final destruction, and to alter and change the religion rightly and by the laws of the same kingdom established, to the G and times afterwards at the said parish of S Giles in the fields and in the said county Middlesex, falsely, deceitfully, advisedly, m liciously, devilishly, and traitorously, they di prepare and obtain to themselves, and had an did keep musquets, pistols, swords, dagger and other offensive and cruel weapons and lord the king: And that they the said Thom Pickering and John Grove afterwards, to wi the said 24th day of April, in the said 30 superstition of the church of Rome; and the sooner to bring to pass and accomplish the same their most wicked treasons and traitorous imaginations and purposes aforesaid, they the said Thomas White otherwise White bread, William Ireland, John Fenwick, Thomas Pickering, John Grove, and other false traitors of our said sovereign lord the king un-struments, to kill and murder our said sovereig known, afterwards (to wit) the said 24th day of April, in the said 30th year of the reign of our said sovereign lord the king, at the said parish of St. Giles in the Fields, in the county of Mid-year of the reign of our said sovereign lord th dlesex aforesaid, falsely, deceitfully, advisedly, king, and divers days and times afterwards wit maliciously, devilishly, and traitorously they did force and arms, &c. at the said parish of consult and agree, that they the said Thomas Giles in the Fields in the county of Middlese Pickering and John Grove should kill and mur- aforesaid, and in other places within the sai der our said sovereign lord the king: And that county of Middlesex, falsely, deceitfully, they the said Thomas White otherwise White visedly, maliciously, and traitorously, did bread, William Ireland, John Fenwick, and in wait, and endeavour to kill and murder ou other false traitors unknown, should therefore | said sovereign lord the king; and further, tha say, celebrate, and perform a certain number they the said Thomas White otherwise White of masses (then and there agreed on among bread, William Ireland, John Fenwick, an them) for the good of the soul of the said Tho- other false traitors unknown, afterwards, to wit mas Pickering, and should therefore pay to the the said 24th day of April, in the said 301 said John Grove a certain sum of money (then year of the reign of our said sovereign lord th and there also agreed on among them): And king, at the said parish of St. Giles in the Fields further, that the said Thomas Pickering and in the county of Middlesex aforesaid, falsely John Grove upon the agreement aforesaid, then deceitfully, advisedly, maliciously, devilishly and there falsely, deceitfully, advisedly, mali- and traitorously, did prepare, persuade, excite, ciously, devilishly, and traitorously did under- abet, comfort and counsel four other persous take, and to the said Thomas White otherwise unknown, and subjects of our said sovereign Whitebread, William Ireland, John Fenwick, lord the king, traitorously to kill and murder and other false traitors of our said sovereign our said sovereign lord the king, against the lord the king unknown, then and there falsely, duty of their allegiance, against the peace of our deceitfully, advisedly, maliciously, devilishly, said sovereign lord the king, his crown and digand traitorously they did then and there pro- nity, and against the form of the statute in that mise, that they the said Thomas Pickering and behalf made and provided. John Grove our said sovereign lord the king would kill and murder: And further, that they the said Thomas White otherwise Whitebread, William Ireland, John Fenwick, Thomas Pickering, and John Grove, and other falsetraitors of our said sovereign lord the king un- Your charge therefore is to enquire, whethe known, afterwards to wit the said 24th day of they or any of thein be Guilty of the High April,in the said 30th year of the reign of our said Treason whereof they stand indicted, or No sovereign lord the king, at the said parish of Guilty. If you find them or any of them St. Giles in the fields in the county of Middle- Guilty, you are to enquire what goods or chat sex aforesaid, falsely, deceitfully, advisedly, tels, lands or tenements, those you find guilt maliciously, devilishly, and traitorously, did had at the time of the High-Treason commit severally plight their faith every one to ted, or at any time since. If you find them of other of them, and did then and there swear any of them Not Guilty, you are to enquir and promise upon the Sacrament, to conceal whether they did fly for it. If you find tha and not to divulge their said most wicked trea- they or any of them fled for it, you are to en sons, and traitorous compassings, consultations, quire of their goods and chattels, as if you had and purposes aforesaid, so among them had, found them Guilty. If you find them or an traitorously to kill and murder our said so- of them Not Guilty, nor that they nor any o vereign lord the king, and to introduce the them fled for it; say so, and no more, and hea Roman religion, to be used within this king- your evidence. dom of England, and to alter and change the true reformed religion, rightly and by the laws of this kingdom of England in this same kingdom of England established; And further, that they the said Thomas Pickering and John Grove, in execution of their said traitorous agreement, afterwards, to wit, the said 24th day of April, in the said 30th year of the reign of our said sovereign lord the king, and divers other days Upon this Indictment they have been arraigned, and thereunto have severally pleaded, Not Guilty, and for their trial have put themselves upon God and their country, which country you are. Make Proclamation of Silence on both sides Which was done. learned counsel in the law, opened the Indict Then sir Creswell Levinz, one of the king ment thus: Sir Creswell Levinz. May it please you lordship, and you gentlemen of the jury These prisoners at the bar, Thomas White alia Whitebread, William Ireland, John Fenwick, Sir Samuel Baldwin, one of his majesty's loweth: Sir Samuel Baldwin. May it please your lordship, and you gentlemen of the jury, the persons here before you stand indicted of HighTreason; they are five in number, three of them are Jesuits, one is a priest, the fifth is a layman, persons filly prepared for the work in land. then severe against them), to destroy the queen and alter the religion established here in England, and so introduce Popery and the superstition of the Church of Rome. But the conspirators from time to time, during all the queen's reign were disappointed, as Edmond Campion, * and several other Jesuits, who came over in that time, and were executed, and did suffer for their treasons according to law: At length, about the latter end of the queen's time, a Seminary for the English Jesuits was founded at Valladolid in Spain, and you know the employment such persons have. And soon after the queen's death, in the beginning of the reign of king James several persons came over into England from this very seminary, who together with one Henry Garnet, † Superior of the Jesuits then in England, and divers others English papists, hatched that hel lish Gunpowder-Plot; whereby what was designed you all know; but as it fell out, these persons, as well as those in queen Elizabeth's time, were likewise disappointed, and for their execrable treasons in the 3d year of king James were executed at Tyburn and other places. This is evident by the very act of parliament in 3 Jacobi, in the preamble whereof mention is made that Creswell and Tesmond, Jesuits, came from Valladolid in Spain to execute this Gunpowder-Treason with the popish party here in England. And, gentlemen, after this treason, so miraculously discovered, was punished, one would not have thought that any future age would have been guilty of the like conspiracy,; but it so falls out, that the mystery of Iniquity and Jesuitism still worketh, for there hath of late been a sort of cruel and bloody-minded persons who, in hopes to have better success than they had in former times, during the reigns of queen Elizabeth and king James, have set on foot as horrid a design as that of the Gunpowder-treason; I can resemble it to no other Plot, or design, or treason in any other time, and truly it does resemble that in many particulars; I may say, it doth at the least equal it, if not exceed it, in which this Plot doth resemble that. 1. That horrid design was to take away the life of the then king, to subvert the government, to introduce the popish religion, and to destroy the established Protestant religion in England ; and so gentlemen, we think our proofs will make it out that in each of these particulars this design is the same that that was. 2. The great actors in that design were Priests and Jesuits that came from Valladolid in Spain, and other places beyond the seas. And the great actors in this Plot are priests and Jesuits, that are come from St. Omers and other places beyond the seas nearer home than Spain. 3. That plot was chiefly guided and managed * See vol. 1, p. 1049, of this Collection. by Henry Garnet superior and provincial of the Jesuits then in England; and the great actor in this design is Mr. Whitebread, superior and provincial of the Jesuits now in England; so that I say in these several particulars it does resemble the Gunpowder-Plot. Gentlemen, In this plot, of which the prisoners now stand indicted, several persons have several parts: Some of these persons are employed to keep correspondence beyond the seas (of which more bath been said in another place, and so I shall not speak of it here): others were to procure and prepare aid and asistance here in England who were to be ready when there should be occasion to use it. But the great part that these persons (the prisoners at the bar) were to act in this conspiracy, was, to take away the life of our sovereign lord the King, on whose preservation the safety and welfare of three nations (and millions of men) doth depend. Now the facts for which the five prisoners stand indicted, I shall open thus: 1. They are here indicted for conspiring the death of his sacred majesty: they did agree to take away the king's life; and entering into such an agreement, they hired some persons amongst them to do it; and this agreement was made the 24th of April last 1678. pointed, to be at Mr. Whitebread's lodging, and that was in Wild-Street, at one Mr Sanders's house; others were appointed to go to Mr. Irelands's lodging, which was in Russel-Street (and this Mr. Ireland was treasurer of the Society); and others were to meet at Mr. Fenwick's chamber in Drury-Lane; and he was at that time Procurator and Agent for that Society. Others were appointed to meet at Harcourt's lodging; and others at other places. When they came there, they all agreed to the general design of the first meeting, which was To kill the king. Then there was a Paper, or some instrument to be subscribed. This was done, and the Sacrament was taken for the concealment of it. After that, Whitebread, Ireland, Fenwick, and others did agree that Mr. Grove and Mr. Pickering should be employed to assassinate the king. One of them (Mr. Grove) being a lay brother, was to have 1,500/ a great sum; the other, as a more suitable reward for his pains, was to have 30,000 masses said for his soul. Mr. Whitebread, Mr. Ireland, and Mr. Fenwick, were all privy to this design; and this was the 24th of April. In August after (they being appointed to kill the king, but it not taking effect, either their hearts misgave them, or they wanted opportunity) there was another meeting at the Savoy, where the witnesses will tell you, four Irish persons were hired for to kill the king. And this was ordered, in case the other design took not effect. There was fourscore pounds sent down to them to Windsor, where they were to have done the fact. After this, other persons were appointed to do the execution, and they were to take the king at his morning walk at New-Market. 2. There is another fact they likewise stand indicted for: That they did endeavour and contrive to change and alter the religion established in the nation, and introduce popery in the room of it.' The manner how to effect this was thus, if my information be right; you shall hear that from the evidence. Mr. Whitebread being resident here in England, and Superior of the Jesuits, did in February last think it (being impowered by authority from Rome) to give These persons were all disappointed in their summons to the Jesuits abroad, at St. Omers, design. But you shall hear what was the and other places beyond the seas, that they Agreement how it was carried on, and what should come over here into England, to be ready rewards were given to carry it on. We shall at London, on the 24th of April, the day laid acquaint you likewise, that for the hottom of in the Indictment, and which is the day after this design (when so many Jesuits should come St. George's day; and their design was (as will over, when they should have so many consulta appear by the proof) to contrive how they may tions, and when they should resolve to kill the take away the life of the king: for if that were king) there could be no less than the altering once done, they thought, in all other things, of Religion, and introduction of Popery here their design would easily be accomplished. in England. And that time, at the first meetAfter the Summons were out, they were so off-ing, they had ordered, That Mr. Cary a Jesuit, cious for the accomplishing of this great end, that between 40 and 50 Jesuits did appear here at London at the time (for thicher they were summoned), and there the meeting was appointed to be. At the White Horse Tavern in the Strand they were to meet first; but being so great a number that they were likely to be taken notice of, if they came all together, it was so ordered, they should come but a few at a time and go off in small numbers and others should succeed them, till the whole number had been there. And there were directions given, and a course taken, that there should be some person to tell them whither they should go from thence. After they had met there at several times in the same day, they were appointed, and adjourned to be at several other places; some of them were ap as their procurator and agent, should go to Rome, to act their concerns there. All which things and more will be made out to you by witnesses produced. There are likewise some other circumstances that will be material to confirm those witnesses. We shall produce to you a Letter written in February last, about that time that Mr. Whitebread sent over his summons for the Jesuits to appear here. This Letter was written by one Mr. Peters, a Jesuit now in custody; and now it is written to one Tunstal, a Jesuit, to give him notice, That he should be in London about the 21st of April, and be ready on the 24th of April: That he knew what the business was; but he did advise him, that he should conceal himself, lest the Plot (by observation) should be discovered. We shall likewise produce several other evi dences, to strengthen and confirm the witnesses: we shall first call our witnesses, and eater upon the proof. Mr. Finch opened the Evidence thus: Mr. Fiach. May it please your lordship, and you gentlemen of the jury; before we call our Witnesses, I would beg leave once more to remind you of what hath already been opened anto you: the quality of the offenders themselves, and the nature of the offence they stand dicted of. For the offenders they are most oftem Priests and Jesuits; three of them at the least are so; the other two are the accursed struments of this design: For the offence, itself, 'tis High Treason. And though it be High-Treason by the statute of 27 Eliz. for men of that profession to come into England; yet these men are not indicted upon that law, nor for that treason: this I take notice of to you, for the prisoners sake, that they should not fancy to themselves they suffered Martyrdom for their Religion, as some of them have vainly imagined in their case; and for your sakes too, that as at first, it was treason, repeated acts of treason in these men; and those proceeding from a principle of religion too, that justly occasioned the making that law: so here you night observe a pregcant instance of it in the prisoners at the bar, That whenever they had an opportunity, as now they thought they had, they have never failed to put those principles into practice. So now, Gentlemen, as they are not indicted for being priests, I must desire you to lay that quite of the case, and only consider that they stand here accused for treason; such treason, as were they laymen only, they ought to die for it; though I cannot but observe, they were the sooner traitors for being priests. The treason therefore they stand indicted of, is of the highest nature: It is a conspiracy to kill the king, and that too with circumstances aggravating (if any thing can aggravate that fence which is the highest,) that nothing less than the total subversion of the government, and utter destruction of the Protestant Religion would serve their turns. And really, when you consider the root from whence this treason springs you will cease wondering that all this should be attempted and rather wonder that it was not done. Mischiefs have often miscarried for want of wickedness enough; the horror of conscience else the malice of the aggressor not being equal to the attempt, has sometimes prevented the execution of it. Here is no room for any thing of this kind: this treason proceeds from principle of religion, from a sense that it is lawial; nay that they ought to do these things; and every neglect here is looked on as a piece of irreligion, a want of zeal; for which one of the prisoners did penance, as in the course of cur evidence we shall prove unto you. And when we consider, too, that this is carried on, not by the fury of two or three buty men over zealous in the cause, but by the deliberate and steady counsels of the whole order, and that too under the obligations of secrecy, as high as Christian Religion can lay on them; you have great reason to wonder that it did not succeed. And yet after all this they bave not been able to prevail. Not that we can brag of any human policy that did prevent it: No; all that the wit of man could do, these men had done; but it was the providence of God, it was his revelation: that providence that first enlightened his church, and has prescrved it against all opposition heretofore, has once more disappointed their counsels, and preserved the king and this nation in the profession of that true religion these men have vainly attempted to destroy. Gentlemen, I will not open to you the particulars of our Evidence; that I had rather should come from the witnesses themselves I shall only in general tell you what will be the course of it. We shall prove unto you, That there was a summons for a consultation to be held by these men the 24th of April last, from the provincial Mr. Whitebread: That they had a caution given them, not to come too soon, nor appear much about town, till the consultation were over, lest occasion should be given to suspect the design: That accordingly a consultation was held, as they say, to send Cary, their procurator, to Rome; though we shall prove to you it was for other purposes: That they adjourned from their general assembly into lesser companies; where several persons did attend them to carry intelligence of their several resolutions: That at these several consults they did resolve the king was to be killed : That Pickering and Grove should do it; for which the one was to have 30,000 masses said for his soul; the other was to have 1,500l. That in prosecution of this design, they made several attempts to execute it: That they lay in wait for the king several times in St. James's Park,. and other places: And that once in particular it had been done by Pickering, if it had not pleased God to have prevented it by an accident unforeseen: The flint of his pistol being loose, he durst not then attempt it, though he had an opportunity: For which neglect, we shall prove to you, he underwent the penance of 20 or 30 strokes. That when these men had failed, we shall prove to you they hired four ruffians to murder the king at Windsor, and after that at New-market. Thus they waylaid him in all his privacies and retirements, wherever they could think it most convenient to execute their design. And this we shall prove by two witnesses; who though they should not speak to the same consultations, nor the same times, yet they are still two witnesses in law. For several witnesses of several overt-acts are so many witnesses to the treason: because the treason consists in the intention of the man, in the compassing and imagining the death of the king. The several overt-acts which declare that intention, are but as so many evidences of the treason. We will call our witnesses, and make out what has been opened to you. N |