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A55936 The proceedings at the assizes holden at York, the 24th day of July, 1680, before ... Sir William Dolben ... and Sir Edward Atkyns ... then judges of assize for the northern circuit, against several prisoners then indicted for the horrid Popish Plot against the life of the King and for subversion of the government and Protestant religion : with an accompt at large of the arraignment of Sir Miles Stapleton ... , and of the tryal, condemnation and execution of Thomas Thwing for the same plot. Thwing, Thomas, d. 1680.; England and Wales. Assizes (York) 1681 (1681) Wing P3557; ESTC R24478 22,623 36

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THE PROCEEDINGS At the Assizes holden at YORK the 24 th day of July 1680. Before the RIGHT HONOURABLE Sir WILLIAM DOLBEN Kt. One of the Justices of the Court of Kings Bench AND Sir EDWARD ATKYNS Kt. One of the BARONS of the Court of Exchequer then Judges of Assize for the Northern Circuit against several Prisoners then Indicted for the Horrid Popish Plot against the Life of the KING and for Subversion of the Government and Protestant Religion With an Accompt at large of the Arraignment of Sir Miles Stapleton Baronet and of the Tryal Condemnation and Execution of Mr. Thomas Thwing for the same Plot. Published by Vertue of an order of the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled made upon the 9th day of November 1680. LONDON Printed for Thomas Simmons at the Princes-Arms in Ludgate-street MDCLXXXI TO THE READER THE following Narrative comprising at large only the Evidence given against Mr. Thomas Thwing and Mrs. Mary Pressicks who was tryed by the same Jury with him it may be expected that some reason should be given why the tryals of the Lady Anne Tempest Daughter of Sir Thomas Gascoyne and of Mr. Charles Inglesby who were tryed by other Juryes and acquitted are not also published and therefore to answer that expectation we shall say 1. That the Evidence though differing and that materially in some circumstances was in great part especially in what related to the Prisoners defence the same that was given in Mr. Thwings tryal and therefore that this Narrative might not be swelled to too great a bulk the Evidence is not repeated so often here as it was upon the several tryals 2. That English Protestants inclining rather to mercy than to Justice and so not being forward curiously to examine or to censure a tenderness of proceeding in case of blood it may be as acceptable as necessary for the vindication of the Justice of the Nation to give a particular accompt of the tryal of Mr. Thwing who was executed And because the Papists do endeavour to disparage the Evidence of this most Hellish Plot by boasting that the Witnesses are such as have revolted from their Church we shall take this occasion of relating the Evidence given of the Plot in general upon the tryal of the Lady Tempest by one Captain Baines who then owned himself to be a Roman Catholick and declared that he intended to live and die so but that he came in as a witness out of an abhorrence of the Plot. This Gentleman testified that the Lady Tempest discoursing with him at Sir Thomas Gascoyne's House in 1677 about his purpose of going to the Indies disswaded him from it by telling him that he might have a Commission and work enough in England shortly that the Papists had resolved the Destruction of the King and that they declared him an Heretick and that the Pope had excommunicated him and therefore he was to be cut off ERRATA Pag. 3. line 11 last word read to for of Pag. 5. line 17 for Priest read Papist Pag. 12 line 25 read had a warrant Pag. 20 line 11 for Servant read Senior Whereever you meet with the word Barnboro read Barnbow THE TRYALS OF Thomas Thwing AND Mary Pressicks FOR HIGH TREASON At the Assizes begun at YORK the 24th of July 1680. THomas Thwing late of Heworth in the County of York Clerk and Mary Pressicks wife of Thomas Pressicks late of the Parish of Barwick in Elmet Gent. stand indicted for that they as false Traitorsagainst the most illustrious and most excellent Prince King Charles the second that now is their natural Lord God before their eyes not having nor their due Allegiance weighing but by the instigation of the Devil being seduced and moved the cordial Love and true and natural Obedience which true and faithful Subjects of our said Soveraign Lord the King towards his said Majesty ought to bear altogether withdrawing and imagining and with all their strengths intending the Peace and common Tranquility of his Kingdom of England to disturb and his said Majesty that now is to Death and final Destruction to bring and put and the true Worship of God in this Kingdom of England establisht and used to alter to the Superstition of the Church of Rome and war against his said Majesty in this Kingdom of England to move and raise the Government of this Kingdom of England to subvert the 30 th day of May in the 31 th year of his Majesties Reign that now is at the Parish of Barwick in Elmet aforesaid in the County aforesaid with divers other false Traitors to the Jurors unknown did traiteterously compass imagine and intend and every of them did compass imagine intend the Death and final Destruction of his said Majesty and the ancient Government of this Realm of England to change alter and utterly subvert and his said Majesty of the Crown and Rule of this Kingdom to depose and wholly to deprive and the true Protestant Religion to extirpate and to effect and acomplish their said wicked Treasons and traiterous imaginations and purposes aforesaid the said Thomas Thwing and Mary Pressicks and other false Traitors to the Jurors unknown the said 30 th day of May in the 31 th year abovesaid with force and arms at the Parish of Barwick in Elmet aforesaid advisedly devillishly maliciously and traiterously did assemble and gather themselves together and then and there did devillishly advisedly maliciously subtlely and traiterously consult and agree and every of them did then and there traiterously consult and agree to bring to Death and final Destruction our said Sovereign Lord the King and to depose and deprive him of his Crown and Rule aforesaid and the Religion of the Church of Rome into this Kingdom to introduce and establish and the sooner to fullfil and effect the said wicked treasons and traiterous imaginations and purposes aforesaid the said Thomas Thwing and Mary Pressicks and other false Traitors to the Jurors unknown did then and there pay and expend and every of them did then and there pay expend divers sums of mony of divers other Traitors to the Jurors unknown to carry on the Treasons aforesaid and then and there the said Thomas Thwing and Mary Pressicks did subscribe and either of them did subscribe a certain Note in writing for the payment of divers Sums of mony for making a contribution for compleating their traiterous purposes aforesaid against the Duty of their Allegiance and against the Kings Peace his Crown and Dignity and also against the Statute in that case made and provided To this Indictment having pleaded Not Guilty and put themselves upon their Countrey for Trial. Upon the 29 th of July Sir Thomas Daniel High Sheriff of the County having returned many Gentlemen for Jurors The Tryal proceeded thus After the Jury called Thomas Thwing and Mary Pressicks being brought to the Bar. Clerk of Assize Thomas Thwing hold up thy hand Mary Pressicks hold up thy hand