Cb. of Cr. Mr. Oates, Lay your hand upon the book. The evidence you shall give for our sovereign lord the king, against Thomas White alias Whitebread, William Ireland, John Fenwick, Thomas Pickering, and John Grove, the prisoners at the bar, shall be the truth, the whole truth, and nothing but the truth. So help you God.

Mr. Serj. Baldwyn. Pray, Mr. Oates, will you declare to the court and the jury, what design there was for the killing of his majesty, and by whom.

Mr. Oates. My lord, in the month of December last, Mr. Thomas Whitebread did receive a patent from the general of the Jesuits at Rome to be provincial of the Order: after he had received this patent, he sent order to one George Conyers, a Jesuit at St. Omers, to preach upon St. Thomas of Canterbury's day; and by virtue of this order, George Conyers did preach against oaths of allegiance and supreinacy, and did in his doctrine call them antichristian and devilish. My lord, in the month of January, this Mr. Whitebread did send several letters to St. Omers; in which letters there was contained intimation of his intent to proceed against the king's person to assassinate him; which letters were written to Richard Ashby. My lord, in the month of February, there comes an order from him as provincial, for several of the Jesuits to make their appearance at London, to be there at a consult to be held the 24th of April O. S.

L. C. J. (sir William Scroggs.) Where was Whitebread then?

Mr. Oates. He was then in London, my lord, as I suppose by the dating of his letters. My lord, from Mr. Whitebread after this summous, we received a second summons, which came the 5th of April, N. S., and upon the summons there were nine did appear at London, the Rector of Liege, sir Thomas Preston, the Rector of Ghent, whose name is Marsh, the Rector of Wotton, whose name is Williams, and one sir John Warner, and two or three more from St. Omers; and there was a special order given us, my lord, to keep ourselves close, lest we should be suspected, and so our design disclosed. My lord, upon the 24th of April, O. S. we did appear in the consult. The consult was begun at the White-horse tavern in the Strand*, and there

This was the perjury assigned in the Indictment on which, upon May 8th, 1685, Oates was convicted of perjury, See the Trial, infra. "I waited on the king [James 2d] in his barge from Whitehall to Somerset-house, where he went to visit the Queen Dowager. It was upon this day that the noted Dr. Oates was convicted of Perjury; it being proved that he was at St. Omers the 24th of April, 1678, when he swore he was at the White-horse tavern in the Strand where Pickering, Groves, Ireland, and other Jesuits signed the death of king Charles the Second. This was a grateful hearing to the king, who thereupon observed, that indeed

they met in several rooms; they came in by de grees; and as the new ones came on, the old ones those that had been there before them, fell off And there was one John Cary appointed to g procurator for Rome, and he was so appointe by the suffrages of the three prisoners at th bar, Whitebread, Ireland, and Fenwick. I was afterwards adjourned into several collo quies, or little meetings; one meeting was a Mrs. Sanders's house, that buts upon Wild house; a second was at Mr. Ireland's; a thir was at Mr. Harcourt's; a fourth was at Mr Grove's; and other meeting or meetings there were, but I cannot give a good account of them My lord, after they had thus met, and debated the state of religion, and the life of the king they drew up this resolve; it was drawn up by one Mico, who was secretary to the society, and Socius, or companion to the provincial. L. J. C. When was that done?

Mr. Oates. That day, my lord. The Re solve, my lord, was this, as near as I can re member the words: It is resolved, That Tho mas Pickering and John Grove shall go on it their attempt to assassinate the king (whether they used the word assassinate, I cannot re member, but the meaning was, they should make an attempt upon his person), and that the reward of the one, that is Grove's, should be 1,500l., and that Pickering's reward should be 30,000 masses. My lord, after this resolution was signed by Whitebread, it was signed by Fenwick and Ireland, and by all the four clubs: I saw them sign it, for I carried the instrument from one to another.

L. C. J. What was it they signed? Oates. The resolve of the consult. L. C. J. What, that which was drawn up by Mico?

Oates. Yes, my Lord, that which was drawn up by Mico.

Whitebread. Doth he say that he saw them sign it?-Oates. Yes, I did see them sign it. Jury. We desire he may be asked where he saw them sign it.

Outes. Mr. Whitebread signed it at that part of the consult that was at his chamber, Ireland did sign it at that part of the consult that was at his chamber, Fenwick signed it at that part of the consult that was at his chamber.

there had been a meeting of the Jesuits that day, and that all the scholars of St. Omers knew of it; but that it was well Dr. Oates knew no better where it was to be, for, says his majesty, they met in St. James's, where I then lived; which if Oates had but known, he would have cut out a fine spot of work for me. The king then subjoined, that Oates being thus convicted, the Popish Plot was now dead: to which I answering, that it had been long since dead, and that now it would be buried, his majesty so well approved of the turn, that going with him afterwards to the Princess of Denmark's, I heard him repeat it to her." Sir John Reresby's Memoirs, p. 194.

Whitebread. Were you at all these places ? Oates. I went with it from place to place; but I mention no more now, but only these. Whitebread. You were not at all these places, and saw them sign it there, were you? Outes. Yes, I did see them sign it at all those places. My Lord, in the month of May, Mr. Whitebread came over as provincial from Enghand to St. Omers, to begin his provincial visitaton, and with him came Cary and his companion Mico, Cary left St. Omers to begin his journey to Rome: Whitebread, after he had given an account of what proceedings the catholics of England had made in order to distarb the peace of the kingdo:o, what moneys had been gathered, what suffrages dispersed, what means had been used, what noblemen had joined in this execrable plot; he did then (my Lord) order me to come for England, L.C. J. Whitebread did?

Oates. Yes, my Lord, Whitebread did. And, my Lord, the business I was to come into England for, was to murder one Dr. Tongue, a Doctor in Divinity, who had written a Book called "The Jesuits Morals;" that is to say, translated them out of French into English. My lord, I came over into England on the 23rd June, N. S.; I came out of St. Omers, that is, the 18th in the stile of England; on the 24th N. S., I took the packet-boat at Calais; the 25th N. S., I met with Mr. Fenwick at Dover; he was come down with certain youths, to send them to St. Omers, and had ordered their passage. My lord, with Mr. Fenwick, and some other persons, we came to London in a coach; and six miles (as near as I remember it) on this side Canterbury, at a place called Bolton, our coach was stopped by the searchers, and there they did examine a box that was in the coach directed for the hon. Richard Blundell, esq. This box, when they opened it, they found full of beads, crucifixes, images, and other sorts of trumpery, that I cannot give a good account of; it is he can give the best: Mr. Fenwick went by the name of one Thompson, and did personate one Thompson, as living near the Fountain-Tavern, at Charing-Cross; and did order the searchers to write to him there, as by the name of Thompson. When the box was seized, they being prohibited goods, Mr. Fenwick did say, that if they had searched his pockets, they had found such letters about h as might have cost him his life; but his letters did escape searching. We came that night to Sittinburgh, and lay there on Sunday the 26th, N. S., as near as I remember; and I think we stayed there till the afternoon: We took coach in the afternoon, and came as far as Dartford. On Monday morning we came into London; and (my lord) when we came into London, and had continued there some days (I now return to Mr. Whitebread), there came one Ashby to town; he had been some time rector of St. Omers, and was come to England sick of the gout, and was to go to the Bath to be cured. And he brought instructions with him from Whitebread; and the instructions

contained in them these particulars: Instructions or Memorials, or what else they called them. 1. That 10,000l. should be proposed to sir George Wakeman for the killing of the king. 2. That care should be taken for the murder of the bishop of Hereford. 3. That care should be taken for the murder of Dr. Stillingfleet. 4. That though this proposal was made to sir George Wakeman of 10,000l. yet Pickering and Grove should go on still in their attempts. My lord, afterwards these were taken and copied out, and dispersed to the several conspirators in the kingdom, whose names I cannot call to mind. But Coleman made several copies, and dispersed them about: Then the 10,000l. was proposed to sir George Wakeman, but it was refused.

L. C. J. What, it was too little?

Oates. Yes, my lord, it was too little. Then Whitebread he writ from St. Omers, that in case 10,000l. would not do, fifteen should be proposed, and after that he had that proposed, he accepted of that.

L. C. J. Were you by when he accepted it? Oates. No, my lord, I was not: But it appeared upon their entry-books, and it appeared by a letter from this gentleman, Mr. Whitebread, wherein he did shew a great deal of joy for sir George Wakeman's accepting of the 15,000l. My lord, after this it was agreed upon, that sir George Wakeman should have 15,000l., and 5,000l. of it was paid by Coleman or his order. Thus the state of affairs stood till August. Then one Fogarthy, who is dead, came to a consult of the Jesuits with the Benedictines: Now at this consult the prisoner at the bar Fenwick was, he was one, and Harcourt was another. And in this consult there were four ruffians recommended to them.

L. C. J. By whom?

Outes. By Fogarthy they were recommended, but accepted of by these consultors, and consented to by Fenwick. They were sent away, and the next day after fourscore pounds was sent them, the most part of it was gold, and Coleman was there and gave the messenger a guinea to expedite his errand. My lord, in the month of August there came other letters from Whitebread, wherein he did give an ac count of what care he had taken of the Scotch business; and he ordered one Moor and one Sanders, alias Brown, to go down to Scotland, and he did order the rector of London, then William Harcourt, to send them; and he did so send them the 6th of August, in the name of the provincial.

Whitebread. From whence, I pray?

Oates. From London, and they went to prosecute and carry on the design which Fenwick and Ireland had plotted, of a rebellion amongst the disaffected Scots against the governors appointed them by the king; and they sent down ministers to preach under the notion of Presbyterian ministers, in order to get the disaffected Scots to rise, by insinuating the sad condition they were likely to be in, by reason of episcopal tyranny (as they termed it.) And that

they were resolved to dispose of the king, and they did intend to dispose of the Duke too, in case he did not appear vigorous in promoting | the catholic religion (I speak their own words.) L. C. J. Have you done with your evidence? What do you know of the prisoners at the bar? Name them all.

Oates. There is Whitebread, Ireland, Fenwick, Pickering, and Grove.

L. C. J. Are you sure l'ickering and Grove accepted of the terms?

Outes. Yes, my lord, I was there.
L. C. J. Where was it?

Outes. At Mr. Whitebread's lodgings at Mrs. Saunders's house. As for Grove, indeed, he did attend at that time upon Fenwick at his chamber; but after the consult was over he came to Whitebread's lodgings, and did take the sacrament and the oaths of secrecy upon it, and did accept it, and agree to it.

L. C. J. Were you there when he took the sacrament?

Oates. Yes, my lord, I was.

L. C. J. Who gave you the sacrament? Oates. It was a Jesuit, that goes by the name of one Barton.

Whitebread. My lord before I forget it, I desire to say this. He says that at such and such consults in April and May he was present, and carried the resolutions from one to another. There are above a hundred and a hundred, that can testify he was all that while at St. Omers. Pray tell me when I received the sacrament? Oates. At the same time. Whitelread. What day was that? Oates. The 24th of April. Whitebread. Was I there? Oates. You were there.

Whitebread. I take God to witness I was not. L. C. J. Mr. Whitebread, you shall have

time to make your answer. But. pray Mr. Oates, when was Mr. Carey dispatched away to Rome, and what was bis errand?

Oates. My lord, I'll tell you; he was approved of to go to Rome the 24th of April; in the month of May or June, Whitebread brings Cary over to St. Omers, and one Mico his secretary or companion with him.

L. C. J. When was it?

Oates. In the mouth of May or June he was brought over by the provincial; then he went away on his journey, and at Paris received 20l. to bear his charges.

Finch. What do you know of any attempts to kill the king at St. James's Park?

Oates. I saw Pickering and Grove several times walking in the Park together with their screwed pistols, which were longer than ordinary pistols, and shorter than some carbines. They had silver bullets to shoot with, and Grove would have had the bullets to be champt, for fear that if he should shoot, if the bullets were round, the wound that might be given might be cured.

L. C. J. Did Grove intend to champ them? Oates. He did say so.

L. C. J. Did he shew you the bullets?

Oates. I did see them.

Grove. When was this?

Oates, I saw the bullets in the month o May, and in the month of June. Whitebread. Pray, where did you see then Oates. In Grove's possession. Whitebread. At what time? Oates. In the month of May. Whitebread. Then was he actually himsel at St. Omers. Was it in May or June?

Cates. The latter end of May and June. saw them then twice, if not thrice. But Pickering's I saw in August.

Sir Cr. Levinz. Do you know any thing of Pickering's doing penance, and for what?

Oates. Yes, my lord, in the month of March last (for these persons have followed the king several years); but he at that time had no looked to the flint of his pistol, but it was loose, and he durst not venture to give fire. He had a fair opportunity, as Whitebread said: and because he mist it through his own neg ligence, he underwent penance, and had 20 of 30 strokes of discipline, and Grove was chid den for his carelessness.

L. C. J. That was in March last?
Oates. Yes, my lord.

L. C. J. How do you know that?
Oates. By letters that I have seen from M-
Whitebread; these I saw and read, and I know
Whitebread's hand.

Mr. Serj. Baldwyn. What do you know of the ruffians that went down to Windsor? Whed success had they?

Oates. I can give no account of that, be cause in the beginning of September this gen tleman that had been in England some time before, was come to London and the business bad taken air, and one Beddingfield had written to him, that the thing was discovered, and that none but such a one could do it, naming me by a name that he knew I went by.

Whitebread. When was that, sir?

Oates. In the month of September last, 1 came to the provincial's chamber the 3rd of September; when I came I could not speak with him, for he was at supper; but when he had supped I was admitted in, and there be shewed me the letter that he had received from Beddingfield.

Whitebread. Where did you see it? Oates. You read it to me when you chid me, and beat me, and abused me.

Ĺ. C. J. What did he chide you for? Oates. He did charge me with very high language of being with the king, and with a minister, and discovering the matter. I was 50 unfortunate, that the gentleman who was with the king did wear the same coloured clothes that I did then wear: And he having given au account that the party wore such clothes, the suspicion was laid upon me: Now, my lord. I had not then been with the king, but another gentleman had been with him from me with the draughts of some papers concerning thes business, which I had drawn up, and I was ready to appear when I should be called to

justify them, only I did not think fit to appear immediately: And my lord, this Beddingfield, be had gotten into it that it was discovered, and writ the provincial word he thought it was by me; for,' said he,' he hath been drawn in by 'some of his old acquaintance: When he had received this letter, he asked me with what face I could look upon him, since I had betrayed them: So, my lord, I did profess a great deal of innocency, because I had not then been with the king; but he gave me very ill language and abused me, and I was afraid of a worse mischief from them; for I could not but conclade, that if they dealt so cruelly with those that only writ against them, I could scarce escape, of whom they had that jealousy, that I had betrayed them: And, my lord, though they could not prove that I had discovered it, yet upon the bare suspicion I was beaten, and affronted, and reviled, and commanded to go beyond sea again; nay, my lord, I had my lodging assaulted, to have murdered me if they could. Whitebread. By whom?

Outes. By Mr. Whitebread, and some of,

them.

Whitebread. Who beat you?

Oates. Mr. Whitebread did.

Mr. Serj. Baldwyn. Was it Pickering or Grove that had the flint of his pistol loose? Oates. Pickering.

Pickering. My lord, I never shot off a pistol in all my life.

L.C.J. What say you as to the fourscore pounds?

Oates. My lord, I will speak to that; that was given to the four ruffians that were to kill the king at Windsor: now, my lord, that money I saw

L.C. J. Where did you see it?
Oates. At Harcourt's chamber.
L. C. J. Where is that?

Outes. In Duke Street, near the arch.
LC. J. Who was it given by?
Oates. William Harcourt.

L. C. J. Did you see the four fellows? Oates. No, my lord, I never did, nor never knew their names.

L. C. J. Who was the money given to? Oates. A messenger that was to carry it down to them.

L. C. J. Who was that messenger? Oates. One of theirs that I do not know; and I durst not be too inquisitive, my lord, for fear of being suspected.

L. C. J. Who was by when the money was paid?

Oates. Coleman, that is executed; and, my lord, there was this Mr. Fenwick by, that is the prisoner at the bar.

Fenwick. When was this?

Oates. In the month of August.
Fenwick. Where?

Oates. At Harcourt's chamber. Fenwick. I never saw you there in all my life: are you sure I was by when the money

was there?

Oates. Yes, you were.

VOL. VII.

L. C. J. Mr. Fenwick, you shall have your time by and by to ask him any question: Mr. Oates, let me ask you once again, When there was the appointment made for Grove and Pickering to kill the king, who signed it? Oates. At least forty signed it.

L. C. J. Did the other three sign it?
Oates. Yes, my lord, all of them.
L. C. J. Name them.

Oates. There was Whitebread, Fenwick, and Ireland.

L. C. J. And you say you went from place to place, and saw it signed?

Oates. Yes, my lord, I did.

L. C. J. Were you attendant upon them? Oates. My lord, I ever was since the year 1666.

L. C. J. At whose lodgings did you use to attend upon the consultation?

Oates. At the Provincial's chamber, Mr. Whitebread.

L. C. J. Where was it first signed? . Oates. At the Provincial's chamber. Sir Cr. Levinz. Who carried it from lodging to lodging?

Oates. I did.

L. C. J. When was it?

Oates. The 24th of April.

Mr. Just. Bertue. You say you carried the result from place to place, pray tell us what that result was?

Oates. They knew what it was, for they read it before they signed it.

Mr. Just. Atkins. But tell us the contents of it.

Oates. The contents of that resolve was this (I will tell you the substance, though I cannot tell you exactly the words): That Pickering and Grove should go on in their attempts to assassinate the person of the king; as near as I can remember it was so; that the former should have 30,000 masses and the latter 1,500/.; and the whole consult did consent to it, and signed the agreement that was made with them, and did resolve upon the king's death all in one resolve.

L. C. J. Where was this agreed upon? at the White-Horse tavern?

the

Oates. No, my lord. After they had agreed at the White-Horse, that Mr. Cary should go procurator to Rome, and some other small particulars, which I cannot now remeinber, they did adjourn from the White-Horse tavern, and met at several chambers, some at one place, and some at another.

L.C. J. But you say Mico did draw up the resolution, where was that?

Oates. At Mr. Whitebread's chamber, for he was Socius, and secretary to the Provincial. L. C. J. Were Ireland and Fenwick present when Mico drew it up?

Oates. No, my lord, but they were at their own chambers; after it was drawn up there, and signed by Mr. Whitebread, and those of the consult in his chamber, it was carried to

the several consults.

L. C. J. What, all the same day?

H