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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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Papist Thorpe No My Lord a Protestant of the Church of England Mr. Justice Dolben Have you never been in Newgate your Lane is full of such People and your House suspected Thorpe No my Lord. Mr. Justice Dolben Come have you done Thorpe Bolron came to my Lodgings at the Plow on Holborn-Hill before the last Assizes and told me if I would Swear that Peter Shipton knew no harm by Bolron he would do any thing for me Mr. Justice Dolben This is a Fable for Bolron bound Shipton over at the Sessions before the last Assizes Bolron Yes my Lord it was for scandalous words against his Majesty Thorpe He ask't me what Shipton was I answered he is an honest man for ought that I know I have taken his own Bond said Bolron but I will have him from Court to Court I will teach him to meddle with me Mr. Justice Dolben How came he to speak to thee Thorpe I know not why but it was his discourse to me Mr. Baron Atkins What acquaintance was there between you Thorpe I have seen him several times in Yorkshire Mr. Justice Dolben You live in Charter-House-lane how came you together in Long-Acre Thorpe I met him accidentally in the Street Mr. Justice Dolben It is a wonderful thing that he should meet one in the Street with whom he had very small acquaintance and discover such things to him as he did to you Then William Hardwick was Examined Hardwick I was to carry Mrs. Pressicks before Justice Lowther and Bolron's Wife said she was sorry for it for she believed her to be an honest Woman and had been a good Neighbour amongst them Mr. Baron Atkins Who was sorry Hardwick Mrs. Bolron Mr. Baron Atkins What did Bolron himself say Hardwick He said nothing to me he was in another Room with his Grandmother Mr. Justice Dolben taking notice of Thwing's speaking to Mr. Hobart demanded what he said Hobart My Lord he ask't me whether Bolron did not say that Sir Thomas Gascoyne offered him a 1000 l. I only say that he swore at Sir Thomas Gascoyne's Tryal Mr. Justice Dolben How doth it appear what he swore there Bolron I acquainted Mr. Lowther and Mr. Tindal with it Mary Walker was called Mr. Justice Dolben Mary Walker what do you say Mary Walker Robert Bolron came after Mr. Thwing was taken Prisoner to my Mistresse's Mr. Justice Dolben Who is your Mistress Mary Walker Mrs. Lassell's and he asked me if I knew Mr. Thwing to be a Priest and I told him No my Lord he told me that if I would swear that he was a Priest he would give me 10 l. for he would be revenged of him for Sir Thomas Gascoyne's cause for he was near of kin to him and he proffered me 10 l. again Bolron Where were you you were not here Yesterday Mary Walker I was in the Court yesterday Mr. Justice Dolben Where spoke he this Mary Walker At Mr. Lassel's Sir Thomas Stringer My Lord he was then searching for Preists at that House and it is improbable that he should endeavour at that time to suborn Thwing's Sisters servant Mr. Baron Atkins Is Mrs. Lassell's of kin to Mr. Thwing Walker Yes my Lord. Mr. Justice Dolben Who can beleive he would come to Thwing's Sisters-House to suborn her servant to be a Witness against Mr. Thwing Walker Yes my Lord I have Witness of it both a Man and a Woman Mr. Justice Dolben Where are they Walker In Town Mr. Justice Dolben That makes it more improbable that he would offer you 10 l. in the presence of two Witnesses to swear that Mr. Thwing was a Priest Sir Thomas Stringer Let us ask her a Question Whether are you a Papist or No Walker Yes I am a Catholick Sir Thomas Stringer Since it must be probable that he would ask you such a thing and knew you to be a Papist Is Thwing a Priest or no Walker No Marry is he not Sir Thomas Stringer Have you not heard him say Masse Walker No if I were to dye Mr. Justice Dolben Indeed you are an excellent Witness Mr. Legget One of the Kings Messengers produced as a Witness by the Prisoners was next Examined Mr. Legget In August last Mr. Bolron told me He would call his Grandmother in and examine her before me and he then ask't her if she did not say that she knew such and such things and she said she could not tell but if she did 't was true Mr. Baron Atkins What was it he askt her Legget About Harcourt and I know not what I took little notice of it it seem'd to be a thing so Idle that I went away And meeting me afterwards said you thought my Grandmother knew nothing but at the bar when Sir Tho. Gascoyne was tryed they said they never heard one swear a thing more plainly Mr. Justice Dolben Legget did not you desire Money yesterday of the Clerk of the Assizes as a Witness for the King Legget Yes my Lord. Mr. Justice Dolben Did you so you are a fine Fellow Then one William Bacchus was Examined Bacchus All that I can say is that I served a Warrant upon Mrs. Bolron to go before Esq Lowther and Bolron's Wise and Grandmother said they could say nothing against Sir Thomas Gascoyne nor any of the Family Mr. Justice Dolben Well they say nothing against them now but what did she say against Mrs. Pressicks Bacchus She said that Mary Pressicks should say that the King was an Whoremaster and maintained his Whores better then he did the Queen Cuthbert Hamsworth was then called Hamsworth being produced as a Witnesse for Sir Thomas Gascoyne owned that he had been a Papist Hamsworth My Lord Robert Bolron did Swear revenge against my Lady Tempest for prosecuting a suit against him Mr. Justice Dolben What is that to the matter in hand do you know that he swore Revenge against Thwing and Pressicks Hamsworth No my Lord. Mr. Bar. Atkins to the Prisoners what have you more to say Thwing My Lord he saith I was at Barnbow-Hall 1677. I have Witnesses to prove otherwise Mr. Baron Atkins Call them then George Twisley Groom to Sir Thomas Gascoyne Twisley Mr. Thwing was never at our house above a night or two in the year Mr. Justice Dolben Whose house is your's Twisley Sir Thomas Gascoyne ' s. Mr. Just Dolben He was there but a night or two at a time Twisley No and please your Lordship Mr. Justice Dolben But was he there in 1677 Twisley About a year or two since I saw him there Mr. Justice Dolben But how often in a 12 Months time Twisley Not above once or twice Mr. Baron Atkins Did you never go out of your Masters house in 1677 Twisley I have my Lord but I was there both night and morning Mr. Baron Atkins How do you know but he might be there in the time that you were not there Bolron And please your Lordship this man was but the Groom Twisley I was the Groom my Lord and took the
horses Mr. Justice Dolben But were you never absent Twisley No my Lord and he was not there above once or twice in the Year Thwing Ask him what Company was then there Twisley No Company at all my Lord when he was there Mr. Justice Dolben Was not he there about Easter Twisley No not that I know of Mr. Justice Dolben What time of the year was he there Twisley About Michaelmas not Easter Mr. Baron Atkins How came you to take such particular notice at what time men come did you take an account of all the Gentlemen that came to Sir Thomas's house how often there and when they came Twisley There were none that stayed any time when they came thither Mr. Baron Atkins What time of the year was he there Twisley It was about a Month before Michaelmas Mr. Justice Dolben You bring Witnesses to stretch things even to impossibilities Bolron He was drunk my Lord at Leeds the same Night the Consult was Sir Tho. Stringer Will you speak Truth before Almighty God Twisley Yes Sir Tho. Stringer Pray then are you a Papist Twisley No. Sir Tho. Stringer Were you never a Papist Twisley Yes Sir Tho. Stringer Have you heard Masse at Sir Tho. Gascoyne's when you were a Papist Twisley No. Sir Thomas Stringer That 's very strange that you lived there and never heard Masse and yet were a Papist Twisley Yes I heard Mass in his house but not by this man Sir Tho. Stringer How long have you been turned Protestant Twisley About 2 years Thwing Thomas Areton did you ever see me at Barnbow-hall Areton I have nothing for nor against him I never saw him before in my life Thwing Mr. Mowbray hath declared he never knew any thing of the Plot. Mr. Justice Dolben To whom did he declare it Thwing There is Witness of it my Lord. Mr. Justice Dolben Call them Thwing He Accused not me of the Plot. Mr. Justice Dolben He was no Protestant then Thwing I never knew any thing of the Plot till I came from London Mr. Justice Dolben Well if you have any more Witnesses call them Thwing Mr. Cooper Joseph Cooper I have nothing to say in this business about this Gentleman it is concerning Sir Thomas Gascoyne Thwing Yes he declared before these Witnesses he knew nothing of the Plot. Cooper We were coming from Atherton Fair and my Father began to discourse with Mr. Mowbray and ask't him if he knew any thing of the Plot that Sir Thomas was called to London for he said he knew nothing of the Plot and he thought Sir Thomas was guilty of no such thing for if he had he should have known it as soon as Bolron and he was a Rogue and a Knave for saying any such thing Mr. Justice Dolben When was this Cooper It was about this time 12 month Mr. Justice Dolben Were you upon the Road then Cooper Yes Sir Tho. Stringer Had Mowbray then made any discovery of the Plot Cooper Yes That was the reason we ask't him about it Mr. Justice Dolben Yesterday upon Lady Tempest's Tryal you said that Mowbray had not then made any discovery Cooper Yes my Lord I mean Bolron Mr. Justice Dolben Really methinks you that are Preists should be more dexterous my Lady Tempest managed her business much better and had her Witnesses in more readiness Thwing My Lord I call upon the Witnesses and they will not come in I cannot help it Edward Cooper sen was then called Edward Cooper I know nothing I met Mr. Mowbray coming from Atherton Fair and he said he thought Sir Thomas was not guilty of the Plot. Thwing Mr. Mowbray declared for 8 or 10 months together in 77 he knew nothing of the Plot call Mr. Hobart Hobart I know nothing of it Thwing I am innocent I know nothing as I hope for Salvation Then Isabell Heyward a Girle that lived with Bolron as a Servant was called Isabel Heyward My Master and Mistress fell out about going to London and she said she would not go and he said he would make her go and she said if he did she would Swear that what he had sworn against Mrs. Pressicks was out of malice Alice Dawson was next Examined A. Dawson The day after New-Years day was 12 month Mrs. Bolron said she was sorry for nothing but that her Husband had meddled with Mrs. Pressicks Then Mrs. Pressicks called for John Pepper Mr. Justice Dolben What do you say to him Mistress Pressicks I ask about my going to Parlington at Whitsuntide Mr. Justice Dolben No it was at Candlemas and they said it was Cold Weather to sit in the Hall Porch Pressicks It was also said at Whitsuntide John Pepper About Whitsun-Munday my Lord I went to Barnbow and I met there with Mr. Pressicks and Mrs. Pressicks and he desired me to tarry and carry his Wife to Mrs. Harrisons at Parlington and she and I went down to Shippon and I carried her from Bolron's on Whitsun-Munday and stayed till Thursday Mr. Justice Dolben And what is all this to the purpose she was however as it was sworn against her at Shippon at Whitsontide Pepper This is all I can say my Lord. Zachary Thorpe was again called by Thwing Thorpe Bolron said he was going to swear against my Lady Tempest and if one thing would not do another should and would have had me to give Evidence against Shipton Mrs. Baynes Mother to Mr. Bolron called Mr. Baron Atkins What do you say Mrs. Baynes Mrs. Baynes Indeed my Lord I know nothing of this I know not Thorpe Shipton I know and he told me that if he had not fallen into my Lord of Shrewbury's service he and Thorpe would have turned Highway-Men Mr. Babington called by Pressicks Mr. Justice Dolben Can you say any thing for Mrs. Presssicks Babington I can say no thing but what I said yesterday concerning Sir Thomas Gascoyne Mr. Justice Dolben Can you say any thing for Pressicks Babington No my Lord I can say nothing for Mrs. Presssicks yes thus much I must say that when I came to have the writings sealed by Bolron his Wife refused to Seal them without delivering up of the bonds I told her it would be an additional security to Sir Thomas Gascoyne he said he did beleive that Mr. Pressick and his Wife were his Enemies and that they did instigate Sir Thomas to sue him Mr. Justice Dolben To Thwing Come what have you more to say Thwing I have no Witnesses to call but I hope it will be considered what kind of Witnesses these are what lives they have led they bring me in amongst the rest we are all of a Family I hope my Lord you will consider that those ill men that will may take away an honest mans life unjustly Mr. Justice Dolben I hear no Body speak again their lives and this I must tell you till men be convicted of some crime that may disable them you cannot take away their testimony Thwing My Lord Witnesses should be men of
are Mr. Bolron and his Grandmother and likewise one Hutchinson Mr. Bolron saith she did tell him that Harcourt was her Confessor and that he had engaged her in the Plot she likewise told him that Pickering was to kill the King that the Gun was found with him and was the cause of his death this is some Evidence of High-Treason I must leave it to you of what weight it is and how far by this you will conclude her privy to the Plot It is true were she an Actor in it it is plain she is guilty of High-Treason As to what Hutchinson said that she told him we should never be at peace till we were all of the Roman-Catholick Religion and the Duke of York was made King that will not amount to High-Treason This I take to be the sum of the Evidence against her Then as to Mr. Thwing there are two Witnesses that have sworn against him that is Mr. Bolron and Mr. Mowbray Bolron tells you that in 1677 there came to him several Priests to his House at Shipton and amongst the rest Thwing the Prisoner who askt him how he stood affected to the Roman-Catholick Religion and he then exprest his zeal for it and they thought him a person fit to impart their secrets to then he saith that in 1677 there was a Meeting at Barnbow-Hall which is Sir Thomas Gascoyne's House and at that Meeting there were Sir Thomas Gascoyne Esquire Gascoyne Sir Miles Stapleton and amongst the rest this Prisoner Thwing and that there was a Consult held at that time and Design of killing the King and that this person did agree to it and declared that if they should miss that opportunity they should never have such another and that it was for the good of the Roman-Catholick Religion The next was Mowbray and he saith to the same effect that in 1676. Thwing and others declared they did design to kill the King for he was an Heretick and Excommunicated and had not kept his word with the Jesuits and therefore they thought it not only Lawful but a Meritorious Act And this is what both Bolron and Mowbray do restifie this they swear positively against the Prisoner if you believe what they have Sworn to be true I must declare that it will amount to High Treason You are likewise to consider the Evidence he hath produced for himself the Law 't is true doth not allow us to give them an Oath yet if they be Persons of credit and honesty it is Evidence which you are to consider of The Prisoner hath called several Witnesses The first was Nath. Wilson I shall not repeat what he saith being of no import Thwing saith Mr. Bolron was before Mr. Lowther and Mr. Tindall two Justices of Peace who did take his Oath and then he said he did not Accuse him of the Plot at that time and by that would infer that he would have said what he had against him as well then as now if he had had any thing whereof to Accuse him But Bolron answers He did declare to these two Gentlemen he was not able at that time to Recollect his whole Knowledge but gave it in afterwards to the King and Council The next are Moore and Thorpe the effect of their Evidence is to strike at the Reputation of Bolron that it was an Act of Malice and Revenge for they say that Bolron told them that Sir Thomas was innocent and knew nothing of the Plot. Thorpe saith he met with Bolron in Long-Acre and that he told him that though Sir Thomas were quitted he would ruine some of them I say these things if true are some Evidence of a Malicious Prosecution but it seems something improbable that Bolron should so openly make a discovery of himself when it appears he was not greatly acquainted with them especially with Thorpe There are several other Witnesses that speak much to the same purpose Gentlemen In matters of Fact which depend upon the Testimony of Witnesses the Credit of the Witnesses is greatly to be considered if you believe what Bolron and Mowbray have both positively Sworn the Treason is plain you must take all the parts of your Evidence together you must weigh all the Circumstances you must as I said before consider the Credit of the Witnesses of the one side and of the other and by these steps you will be the better guided in the giving of your Verdict I must leave it to you and I pray God direct you therein The Jury having withdrawn after some Consultation together brought in their Verdct That Thomas Thwing was Guilty and Mary Pressiks Not-Guilty August the 2. 1680. Thomas Thwing being brought to the Bar the Clerk spoke thus Clerk Thomas Thwing hold up thy Hand thou hast been Indicted that thou as a false Traytor didst Conspire the death of the King c. and thereof hast been found Guilty what canst thou say wherefore Judgment of Death should not be pronounced against thee Thwing My Lord as I am now upon my life I know nothing of these things in the least that these men have sworn against me and on the other side I say that before Sir Thomas Gascoyne had his Tryal these Men said nothing against me so I hope your Lordship will take it into consideration Mr. Justice Dolben For your Innocency the Gentlemen of the Jury are Judges of that and they have found you Guilty so that it is not in my power either to acquit or condemn you I am only to pass Sentence according to that Conviction If you have any thing to say wherefore Judgment should not be pronounced I am ready to hear you Thwing All that I can say is to declare my innocency and that these men are of no credit and reputation It is very hard I should be Guilty and none of the rest that were Arraigned for the same Crimes Mr. Justice Dolben No it is not impossible it is possible you may be Guilty and the rest Innocent Thwing For my part I told your Lordship that I was but once or twice in a Year at Sir Thomas Gascoynes being my Uncle and I do protest I know nothing of the Consult these men do charge me with Mr. Justice Dolben You say one thing they swear another and for ought I know they are honest men they are lawful men and not convicted in the main for I do believe there were many great and dangerous Consults held at Sir Thomas Gascoynes by several Persons and that there have been many horrid and treasonable things acted there You have been Indicted for High-Treason the highest Treason that ever any Subject was guilty of for attempting to Kill the King for resolving so to do upon deliberate advice and consultation and this for no other end or purpose but that you might have your Religion set up for that was your Design to change this Religion here and to settle Popery in England and the better to bring that to pass you thought to take away
the Kings life knowing you could not otherwise accomplish it You are I am satisfied a Priest of the Romish Church therefore all that I can say to you in reference to your future state you will not value for you account me an Heretick as you do the King and I am content to be so esteemed in so good Company therefore I shall wave it As you are a Gentleman I will give some respect to you and I will not pass Sentence on you among the rest of the Prisoners that are found Guilty of Felony and Murder but will do it by your self The Law doth command the Court and the Court doth award That you be carried from hence to the place from whence you came that is the Prison and from thence you are to be drawn to the place of Execution you are there to be hanged by the Neck you are to be cut down before you are dead and your Intrails are to be taken out of your Body and thrown into the Fire before your face and your Head is to be parted from your Body and your Body separated into four Quarters and your Head and your Quarters are to be disposed according to the Kings pleasure And the Lord have mercy on your Soul Thwing Innocens ego sum The Proceedings against Sir Miles Stapleton Baronet SIR Miles Stapleton Baronet was Indicted at a Sessions of Oyer and Terminer in the West-Riding of the County of York and the Indictment was removed by Certiorari to the Kings-Bench where Sir Miles Stapleton having been Arraigned and pleaded to the same Not-Guilty was sent down by Nisi prius to be tryed in the County of York The Indictment was For that he as a false Traytor against our most 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 soduced the cordial Love and true due and natural Obedience which true and faithful Subjects of our said Lord the King should bear to him and of right are bound to bear wholly 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 War against our said Lord the King in this Realm and to subvert the Government of this Kingdom the 30th day of May in the 31th year of our said Lord the Kings Reign at the Parish of Barwiek in Ellmet in the said County of York in the West-Riding of the same County with divers other false Traitors unknown did traiterously compass imagine and intend the Death and final Destruction of our said Lord the King and to change and alter and wholly to subvert the Ancient Goverment of this Realm and to depose and wholly to deprive the King of the Crown and Government of the said Kingdom and to root out the true Protestant Religion And to fulfill 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 30th day of May in the 31th year aforesaid with Force and Arms at the Parish of Barwick aforesaid advisedly devillishly maliciously and trayterously did assemble unite and gather themselves together and then and there did devillishly advisedly maliciously craftily and trayterously 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 to introduce and establish the Religion of the Roman Church in this Realm and the sooner to fulfill and accomplish the said most wicked Treasons and trayterous Imaginations and Purposes the said Sir Miles Stapleton and other unknown Traytors then and there advisedly maliciously and trayterously did further consult and agree to contribute pay and expend divers large Sums of Money to divers of the Kings Subjects and other persons unknown to procure those persons unknown trayterously 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 The Jury being called Mr. Justice 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. Inglebyes 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 Barronet Robert Bell Gen. John Eastoft Esquire John Dixon Gen. William Bethell Esquire Thomas Wood Gen. William Caley Esquire Robert Turner Gen. Towers Driffield Esquire John Beckwith Gen. Marmad Trueman Esquire Sim. Warrener Gen. John Wright Esquire Gervase Hatfeild Gen. John Green Esquire John Coates Gen. And only two of the Jury returned viz. Thomas Fletcher Gen. Robert Gudgeon Gen. were sworn Mr. Justice Dolben 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. Justice Dolben That is you would chuse all of one way and leave the others where is the indifferency of the Tryal then But come call them I cannot deny it The three Juries called and five challenged viz. Thomas Worsley Esquire Roger Fretwell Gen. Samuel Tenant Gen. Roger Lee Esquire Robert Bushell Gen.   And these sworn viz. Sir Thomas Pennyman Baronet Thomas Rooksby Esquire William Stone Thomas Conyers Christopher Tankerd Esquire who was excepted against by Sir Tho. Stringer as one that disparaged the Evidence of the Plot and called his Dogs by the Names of Oates and Bedloe which the Judge allowed to be a good Exception but there being no Witnesses in the Court to prove it he was sworn Mr. Justice Dolben Sir Miles you must stay till next Assizes we have not a full Jury Sir Miles Here are Gentlemen in the Court your Lordship may take whom you please Mr. Justice Dolben I cannot do it without the Kings Counsel 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 entred upon the Record A Reprieve being obtained for Mr. Thwing he remained Condemned in the Castle of York until about the middle of October Mr. Justice Dolben attended his Majesty in Council and gave a full Account of the several Tryals and of his satisfaction in the Evidence Whereupon an Order of Council was made for the Execution of Mr. Thwing and upon the 23. of October according to the Sentence he was Drawn Hanged and Quartered at York having first protested his Innocency of all that was sworn against him but gloried that he was a Priest and had performed the Priestly Function about 15 years and desiring all true Catholicks if any such were there to pray for him and begging God to bless and preserve the King his Queen the Duke of York and all other good Christians he yielded himself to the Executioner FINIS Note that upon Sir Thomas Gascoynes Tryal it appeared in his Almanack that he had made this memorial there with his own hand viz. The 15th of April 1676 Memorand acquaint Mr. Thomas Thwing with the whole designe * Earn Wilson was a witness the day before for the Lady Tempest
Christmass and stayed about six monthes there Mr. Just Dol. Six monthes in your House then you are well enough acquainted with her Bolr. Yes my Lord. Mr. Just Dol. Did you charge Mr. Thwing before the Justice Bolr. My Lord I gave Justice Tindal only a short note that Sir Tho. Gascoyne promised me a 1000 l. to kill the King but what I had to say against Thwing I gave to the King and Council Thwing My Lord this is malice to Sir Tho. Gascoynes Family to which I am related it is out of revenge Mr. Just Dol It was a Family quarrel them Thwing Yes my Lord this I can prove by several witnesses Mr. Just Dol. Call your witnesses then Thwing Nathaniel Wilson Mr. Just Dol. Mr. Babington why don't you appear we know well enough that you are Solicitor in the cause call your witnesses Then Nathaniel Wilson was examined Mr. Just Dol. Come what is it you have to say Nath. Wilson I went to Bolron to look on a Cow that he had gifted for his cosin Bargues and desired to have the Cow away but he would not let me have her without paying for her gift so I tendered him his money and we went to talk in the house and Bolron sent for a groats worth of Ale and askt me if I could tell any thing of Father Rushton and I told him I could not and he bid me keep his secrets and he would give me more then I could addle in seven years and he said unless he could shed theblood of some of them he should get nothing Mr. Just Dol. When was this Wilson This was about next Michaelmas a twelvemonth Mr. Just Dol. This is quite other then you told yesterday Wilson I had not time Thwing I desire to know whether Bolron named me to Mr. Lowther as a plotter Then Mr. Lowther was called Mr. Lowther I do not remember that Mr. Bolron named Mr. Thwing to me when he was before me Mr. Just Dol. When did he come to make the discovery to you give an account of it Mr. Lowther I think it was the 24 th or 25 th of June 1679 that he came to me and he told me he had some secrets to impart to me and he began to tell me a story of the Jesuites and Priests what they designed against the government because the King did not keep his word with them when he was beyond Sea and then I called for my man and a Bible to take his examination and said pray friend be very careful what you do for here your own concern is at stake as well as the Lives and fortunes of the Gentlemen you speak against and upon that he began to be very fearful and timerous and lookt pale whereupon I askt him what that fear was for it is said he because I have concealed it so long and if that were upon you it may be you would be as fearful as I am Then I was going to take his Information and he said I have done it before Mr. Tindal why came you to me then said I he said Mr. Tindal desired it well said I Mr. Tindal and I are to meet to morrow and we will do it joyntly Mr. Just Dol. Did he say he told you all he knew Mr. Lowther He did not name Thwing but said he should recollect more and would go to London and give it in to the King and Council and then I said why may not we take it here as well as trouble them at London Mr. Just Dol. It may be he thought it better to do it there Mrs. Pres He did not accuse me before Mr. Lowther Bolr. Yes my Lord I did and a Warrant to take her Mr. Lowther She was taken the same day Sir Thomas Gascoyne was taken Mr. Just Dol. We will be just between you Then the Prisoners called Obediah Moore Mr. Just Dol. Come tell your knowledg in this business Moor. I say that Mr. Bolron said that Sir Thomas Gascoyne was not concerned in the Plot nor none of his Family and that he believed there was no Plot. Mr. Just Dol. When was this Moor. This was about Candlemas was Twelvemonths Mr. Just Dol. He was then a Papist but did not he tell you otherwise afterward Moor. In August after he told me he had but equivocated with me in what he said before and that there was a real Plot and if he had swore a thousand lies he could have been forgiven them Then Stephen Thompson was called and examined Stephen Thompson Mr. Bolron was servant to Sir Thomas Gascoyne and being in his Debt Sir Thomas did Arrest him and he agreed with Sir Thomas to give him 60 l. and got me to be bound with him and when the Plot came out I thought Bolron being his servant might know whether Sir Thomas had any hand in it and if so that we were in no danger of being sued and I enquired of Bolron and he said Sir Thomas was as sackless of it as the Child that was unborn and on Holy Thursday I went to him and got him out on the backside to Sir Thomas's and all along he told me if he sued him he would do him a greater mischief and I pleaded earnestly with Sir Thomas not to sue the Bond and he said he would have his Money but would stay a Fortnight and I prevailed with him to give three Weeks time that Bolron might go to sell his House at New-Castle and in that time he went to London and Accused him of Treason And as to Mrs. Pressicks I askt his Grandmother what she could say against her and she said alas alas I can say nothing to it but Bolron said she must say so and so Mr. Justice Dolben What mean you Friend by so and so Thompson It was about Sir Edmondbury Godfrey and that the King was an Whoremaster and such things Then Zachary Thorpe was called and Examined Thorpe I met with Mr. Bolron in Long-Acre before the last Assizes and askt him concerning Sir Thomas Gascoyne my Country-man and he said he was cleared but God Damne the Jury they were Rogues then he askt me if I had read Harris's Intelligence of that day and I told him yes and he then ask't me if I had seen his Wive's name in it he then told me that he was going down to the Assizes at York against my Lady Tempest and said God damne me I will ruine them if one thing will not do it another shall Mr. Justice Dolben What are you God damn me comes very nimbly out of your mouth Thorpe I live at the White Hart in Charter-house-lane with the Gentleman of the House I marryed his Daughter Mr. Justice Dolben And draw Pots of Ale that 's your Trade how comes Bolron to talk thus to you is he so mad a Fellow to talk thus to every one this is not likely that he should thus Accuse himself to you your Father in Law is a poor Ale-house-keeper Mr. Baron Atkins Are not you a