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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
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