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A63193 The tryal of Sr. Miles Stapleton Bar. for high treason in conspiring the death of the King, &c. at York assizes on the 18th day of July, 1681 before the Right Honourable Sir William Dolben knight, one of the Justices of the Court of Kings bench and William Gregory, Esq; one of the barons of the court of exchequer then judges of assize for the northern circuit : to which is added the tryal and condemnation of Mr. Thomas Thwing for high treason at the summer assizes before. Stapleton, Miles, Sir, 1628-1707, defendant.; Thwing, Thomas, d. 1680, defendant. 1681 (1681) Wing T2217; ESTC R1080 24,633 22

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THE TRYAL OF S r. Miles Stapleton Bar. FOR HIGH TREASON IN Conspiring the DEATH of THE KING c. AT YORK ASSIZES ON The 18 th day of July 1681. Before the Right Honourable Sir William Dolben Knight One of the Justices of the Court of Kings Bench and William Gregory Esq one of the Barons of the Court of Exchequer then Judges of Assize for the Northern Circuit To which is added the TRYAL and CONDEMNATION of Mr. THOMAS THWING for High Treason At the Summer Assizes before LONDON Printed for Richard Baldwin in the Old-Baily 1681. THE WHOLE PROCEEDINGS AGAINST S r. Miles Stapleton BARONET c. SIR Miles Stapleton Baronet was Indicted at a Sessions of Oyer and Terminer at the West-Riding of the County of York and the Indictment was removed by a Writ of Certiora●i to the Kings Bench where Sir Miles Stapleton having been Arraigned and pleaded to the same not guilty was sent down to be tried in the County of York The Indictment was as followeth Sir Miles Stapleton late of Carleton in the County of York Baronet stands Indicted for that he as a false Traytor against our Illustrious and Excellent Prince King Charles the second his natural Lord not having God before his eyes nor weighing the Duty of his Allegiance but by the Instigation of the Devil being moved and seduced the Cordial Love and true due and natural Obedience which true and faithful Subjects of our Lord the King should bear to him and of right are bound to bear wholy withdrawing devising and with all his power intending to disturb the peace and Common Tranquility of this Realm and to bring and put our said Lord the King to death and final destruction and the true worship of God in this Kingdom by Law established and used to alter to the Superstition of the Church of Rome and to move and stir up Warr against our said Lord the King in this Realm and to subvert the Government of this Kingdom the 30 th day of May in the thirty first year of our said Lord the King's Raign at the Parish of Barwick in Elmett in the said County of York in the West-Riding of the same County with divers other false Traytors unknown did traiterously compass imagin and intend the death and final destruction of our said Lord the King and to change and alter and wholy to subvert the Antient Government of this Realm and to depose and wholy to deprive the King of the Crown and Government of the said Kingdom and to root out the true Protestant Religion and to fulfil and accomplish the same most wicked treasons and trayterous imaginations and purposes the said Sir Miles Stapleton and other false Traytors unknown on the said 30 th of May in the thirty first year aforesaid with force and Arms at the Parish of Barwick aforesaid advisedly devillishly maliciously and traiterously did assemble unite and gather themselves together and then did devillishly advisedly maliciously craftily and traiterously consult and agree to bring our said Lord the King to death and final destruction and to depose and deprive him of his Crown and Government and Introduce and Establish the Religion of the Roman Church in this Realm and the sooner to fulfil and accomplish the said most wicked Treasons and Traiterous Imaginations and purposes the said Sir Miles Stapleton and other unknown Traytors then and there advisedly maliciosly and traiterously did further consult and agree to contribute pay and expend divers large summs of mony to divers of the King s Subjects and other persons unknown to procure those persons traiterously to kill our said Lord the King and to introduce the Roman Religion into this Realm against the Duty of his Allegiance against the Peace of our said Lord the King his Crown and Dignity and against the form of the Statute in such Case made and provided Clerk of Assize Hold up thy hand Sir Miles thou hast heard the Treasons and other misdemeanors whereof thou stand'st Indicted art thou guilty thereof or not guilty Sir Miles Not guilty Clerk of Assize How wilt thou be tried Sir Miles By God and my Country Clerk of Assize Culprit God send thee a good deliverance Clerk of Ass Sir Miles this understand you that these Gentlemen that are now to be sworn are returned by the Sheriff of this Counry to pass between our Soveraign Lord the King and you for your Life therefore if you will Challenge any of them you are to challenge them as they come to be sworn and before they be sworn The Jury being called Mr. Just Dolben took notice to Sir Miles that there were but few appeared and therefore told him he would do well not to Challenge too many of them Sir Miles thereupon said he should not Challenge many and enquired whether those that served on the Lady Tempests Mr. Thwings and Mr. Ingleby's Juries did now appear and the Judge answered him that if they did care should be taken that they should not be sworn Then the Jury being called to the Book Sir Miles challenged these viz. Sir David Fowles Bar. Rob. Bell Gent. John Eastoft Esq John Dixon Gent. William Bethel Esq The. Wood Gent. William Caley Esq Rob. Turner Gent. Towers Driffeild Esq John Beckwith Gent. Marm. Trueman Esq Simon Warrener Gent. John Wright Esq Gervaise Hatfeild Gent. John Green Esq John Coats Gent. And only two of the Jury returned viz. Tho. Fletcher Rob. Gudgeon were sworn Mr. Just Dolb. Sir Miles I see you must stay till the next Assizes for you challenge so many here will not be a Jury gotten Sir Miles If your Lordship please I shall be content and do desire the Jury may be called that served the first day nay all the three Juries if you please Mr. Just Dolb. That is you would chuse all of one way and leave the others where is the Indifferency of the Trial then but come call them I cannot deny it The three Juries called and five Challenged viz. Tho. Worsely Esq Roger Strettwel Gent. Samuel Tennant Gent. Roger Lee Esq Rob. Bushel Gent. And these sworn viz. Sir Tho. Pennyman Bar. Tho. Rokely Esq William Stone Thomas Conyers Christopher Tankerd Esq who was Excepted against by Sir Thomas Stringer as one that disparaged the Evidence of the Plot and called his Doggs by the names of Oats and Bedloe which the Judge allowed to be a good Exception but there being no witness in the Court to prove it he was sworn Mr. Just Dolb. Sir Miles you must stay till the next Assizes we have not a full Jury Sir Miles Here are Gentlemen in the Court your Lordship may take whom you please Mr. Just Dolb. I can not do it without the Kings Council move for a Tales which as this Case stands they will not do And so he was remanded to Prison and Remanet pro defectu Juratorum until the 18 th day of July 1681. And at the Assizes then holden for the County of York before Mr. Just Dolben
and Mr. Baron Gregory was proceeded against as followeth Clerk of Assize Sir Miles Stapleton hold up thy hand thou standst Indicted by the name of Miles Stapleton late of Carleton in the County of York Bar. c. Pro ut in the Indictment After not Guilty pleadeded to the Indictment and other formalites of Court as before these Gentlemen following were called Sir Thomas Malliverer Kt. Challenged by the Kings Counsel Sir Roger Bekwith Kt. Challenged by the Kings Counsel Sir Miles Are any Challenged Mr. Just Dolb. Yes there are two Challeng'd for the King Sir Miles I hope they must shew cause why they Challenge them Mr. Just Dolb. Yes they shall but they are not bound to shew cause before the Pannel be gone through and then if you desire it they will shew cause but I suppose Sir Thomas Malliverer Marryed a Kinswoman of yours and if so t is a good Exception Sir Miles I desire it may be proved Richard Audbrough Esq Challenged by the King John Dodsworth Esq Challenged by the King Jsaac Fairfax Esq Christopher Bradshaw Esq Challenged by Sir Miles These twelve following were called and Sworn viz. Sir Barrington Boucher Kt. Anthony Franckland Esq Sir John Jennings Kt. John Addams Esq Richard Hutton Esq Francis Battery Esq Welbrough Norton Esq Francis Fuldgam Esq Tobias Hodgson Esq Humphry Brooke Esq John Beverly Esq Thomas Lee Esq Cryer Twelve good men and true stand together and hear your Evidence Clerk of Assize Sir Miles Stapleton Hold up thy hand which he did Gentlemen you of the Jury that are Sworn look upon the Prisoner and hearken to his Charge you shall understand that he stands Indicted by the name of Sir Miles Stapleton c. pro ut in the Indictment upon this Indictment he hath been arraigned and thereunto pleaded not Guilty and for his Tryal hath put himself upon his Country which Country you are c. Then Proclamation was made for Evidence and Sir Thomas Stringer one of the Kings Counsel aggravated the Indictment as followeth Sir Miles Stapleton I desire my Lord the Kings Evidence may be put a part not to hear what each other Sweares Mr. Just Dolb. No no Sir Miles that must not be would you have the same for your Witnesses Sir Tho. Stringer May it please your Lordship and you Gentlemen of the Jury Sir Miles the Prisoner at the Barr stands here Indicted of the greatest and blackest Treasons that can be invented by the worst of men He stands here Indicted for endeavouring to despose the King from his Crown and Dignity and by imagining and Compassing the Death of the King to alter the Established Government and rout out the true Protestant Religion and to Establish the Romish Religion among us Gentlemen to Compass these wicked designes we shall prove there hath been several Consults where the Prisoner at the Bar hath been and where he hath Contributed mony to Carry on these wicked designes And Gentlemen I must acquaint you there hath been a horrid Plot against the King and Government and I need not do it for it hath been made Notoriously known not only Parliaments have declar'd it so but there have been Noblemen Gentlemen and Priests Nay some men have been found guilty for carrying on the Horrid designe and have receiv'd their deserts This Plot Gentlemen is no new Plot not a Plot of a day nor of an Age But a Plot that hath been carryed on for a hundred years My Lords since we were delivered by God's mercy from the Popish Religion by the Reformation ever since that time the Pope the Jesuits the Priests and those of the Popish perswasion have my Lords been from time to time and ever since endeavouring to carry on this wicked designe and had desiroyed us long since if we had not been by God Almighty from time to time deliver'd from their power And you Gentlemen of the Jury I must tell you this Plot was carryed on in Queen Elizabeths time And as they did in this Plot carry on their designes with the King of France so then they carryed it on with the King of Spain at Validolid in Spain The King of Spain he Joyn'd with the Popish partie here but it pleased the Lord to take the Queen to his mercy before that Plot was effected And I must tell you the same men of the same quality that carryed it on then have now endeavoured to carry it on in these dayes My Lords the King of Spain though he was a Papist yet it was so horrid a thing that he left them to carry on their wicked design and God Almighty did preserve the Queen My Lords they rested not here but in King James his time they design'd to have destroy'd both King and Parliament at one blow and thereby the whole Nation in its representatives and this they managed by Guy Vaux and others And all King Charles his time the same Plot was on foot and pray how far did they bring it they brought it to the Death of that Gracious King and the sad effects of a Civil Warr and they have brought it in these days to raise Officers Generals Major Generals and other Officers and proceeded so far that Actual Commission was deliver'd for destroying our King and if this had not been by God's mercy prevented what would have been the evil effects thereof ' ere this day And Gentlemen I must tell you that which is now before you is the greatest and most wicked design that ever was before men and though you be of Relations and kindred yet I know if you have but Conscience and Right in you you will give a Verdict according to the justness of the thing and the Evidence you shall have Sir John Ottwith We will call Mr. Smith first who will give you an Account of the Plot in General Mr. John Smith call'd and Sworn Mr. Just Dolb. Mr. Smith pray tell the Court what you know of the Plot. Mr Smith I must speak of it then what I have done beyond-Sea my Lord. My Lords I remember when I had been first beyond-Sea I became acquainted with one Abbot Montague and Mr. Thomas Car at Paris and they told me then if I came to the Romish Religion what preferment I should have here in England they told me what Friends they made in England they nam'd several persons about the Court and several Gentry in England which I did not then know to be Papists I stay'd sometime among them in Paris and all this while I did not pervert to the Romish Religion though they told me how many Jesuits they had sent over into England After I left France I was going for Rome where I met with Father Anderton Rector of the English Colledge and Father Southwel and Father Campian who introduc'd me into the acquaintance of Cardinal Grimaldi which is an Italian name but he is Arch-bishop of that place I happening there they carryed me to speak to the Cardinal and he told me what