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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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know whether that be Conclusive Evidence when it is only possible Mr. Legget Called and Examined Sir Miles Mr. Leggett pray what mony would Mr. Bolron have given you when I was taken Leggett Mr. Bolron desired me to lend his Wife some mony to go to Market with and I did The same day between Tadcaster and York Mr. Bolron askt me what Allowance Dr. Oats had I told him I heard he had five hundred Pounds a year and he answered I deserve as much for I have done as much good as he as I was going for York I met with Mr. Mowb. and it Raining I put in at Tadcaster when the Rain was over we set forward for York said Mr. Mowb. Mr. Bolron hath sent for me so I went to Mr. Bol. to the George and he sent for Mr. Mowbray and he pulls out his Information and after he had read it he askt him if he knew any thing of that and he said he did not know of it Mr. Just Dolb. Well what is that to the purpose did you hear him say any thing against Sir Miles Leggett I have heard Mr. Bolron say that he had nothing to say against Sir Miles Stapleton but only he had made over his Estate to Sir John Daney Mr. Just Dolb. How came he to name Sir Miles to you Mr. Leg. He Voluntarily told me of it when we went to Allerton to apprehend some Priests and when I returned I told him I took but one of these Persons old Mr. Metcalf and he said he cared not if I had but taken one Addy Mr. Just Dolb. You must not talk of this fashion Sir Miles It shews but what a kind of a man he is Mr. Just Dolb. So may we Examine to the end of the Chapter Do you say Bolron read over his Information to Mowbray and he said he knew nothing of it as to Sir Miles Stapleton Legg No my Lord but of Sir Tho. Gascoyn he askt him nothing my Lord but against Sir Tho. Gascoyn after they went out and had been together Mr. Bol. told me Sir Miles Stapleton was to be taken into Custody and he said you may as well have it as another but I 'le go half Snipps with you at last he told me if I have an Hundred Pounds of Sir Miles you shall have Twenty of it Mr. Just Dolb. Had you any Warrant at that time to take Sir Miles Legget No my Lord. Bolron I know nothing of any such thing Mrs. Eliz. Holmes Called and Examined Mrs. Holmes And 't please you my Lord at Sir Tho. Gascoyn's Trial Mr. Bol. and his Wife they were at our house at Dinner after dinner they askt me if I would go to Sir Tho. Trial I answered Yes So Mrs. Mowbray came and called her Husband out of door and I askt her about Sir Tho. Gas and she said Mr. Just Dolb. Tell us not what she said Holmes She said they were hard People but she thought they were Innocent to the Plot and she had nothing to say against them as God should judge her Soul Then another time my Lord after Bolron came from York he met me How now Sister I understand you are to be a Witness against me at York but if you 'l be kind to me I 'le be kind to you and speak as favourably as I can and he said if he had known he should have been no better rewarded he would never have been a Witness the Devil should have been a Witness as soon as he Mr. Just Dolb. Against whom Holmes Against Sir Tho. Gas and Sir Miles my Lord and he bid me be careful what I swore for if we did swear false he would have us at the Pillory and unless I would unsay what I had said in my Lady's Trial he would punish me sufficiently Mr. Just Dolb. Who said this know you Holmes Mr. Bol. my Lord. Bar. Greg. Where do you live Holmes I live my Lord in Baldwin's Garden Sir Tho. Stringer Did you ever tell any that if they would come and swear against the Evidence against Sir Miles Stapleton they should be sufficiently Rewarded Holms No never in my life Sir Miles When did you see me last Bolron Bol. I have seen you in 78. several times Mr. Just Dolb. He hath seen you in Prison Bol. My Lord I have seen him at Barnbow Hall in 78. Sir Tho. Stringer You know Sir Miles Stapleton Mr. Bol. Yes very well and I have several times talked with him Sir Miles I desire to know whether he hath seen Sir Tho. Gas and me discourse about any thing Mr. Bol. No not since the Plot broke out Sir Miles He swore in Sir Tho. Gascoyn's Trial he heard me and Sir Tho. discourse about Oats and Bedloe Mr. Just Dolb. Well how material will that be Sir Miles I shall prove that he swore false for Sir Tho. and I was never together since the Plot broke forth Mr. Just Dolb. That is hard to do Bar. Greg. You have an Excellent Witness that can swear that Sir Miles In all probability I can do it Mr. Just Dolb. But that must not go before a positive Well have you done Sir Miles There is another Witness or two if it be not too tedious Mr. Just Dolb. No we will stay here all day if you please Edward Cooper Called and Examined Cooper My Lord all that I can say is we having been at Autherton Fair we met with Mr. Mowbray knowing him and being acquainted with him pray said I whether is there any thing of a truth in this that Bolron swears against Sir Tho. Gas or no No saith he he might as well have sworn it against you or another Person for I have been in the house as he and I never knew any such thing Mr. Just Dolb. This was before Mowbray had discover'd any thing for Mowb. was then a Papist and had taken the Oath of Secrecy besides 't is not much what Mowb. said he was going on a high-way If it had been before a Justice of Peace or if he had been upon his Oath then it had been more material Madam Shereburn Called and Examined Sir Miles Madam Shereburn pray declare what Bol. said at your house Madam Shereburn Mr. Bol. and Mowb. came to our house under the pretence of searching for Priests and Bol. took several parcels of Silver away with him Judge Dolb. Away away if you have any thing against him on the behalf of this Gentleman Madam speak it but you would prove him a Theif and say he went to seek for Priests and he stole mony from them Mowb. We went to seek for Priests and we took some Chalices and other Popish trinkets away Mr. Just Dolb. Do not spend your and our time in saying that Bol. and Mowb. were knavish boys we it may be are all guilty of Extravigances in that particular Bar. Greg. They themselves confess they have been very bad They took the Oath of Secrecy and it is as ill as ever was spoken or writ in so
few words Mr. Just Dolb. I know they have been very bad men Well have you any more Witnesses Sir Miles I can produce my Neighbours and those of the Church of England that can say no otherwise than that I have been of good behaviour Sir Tho. Stringer It is generally concluded by all that Sir Miles hath ben a very good man until he fell into this great Action Mr. Just Dolb. Brother have you any thing more to say if not I 'le proceed Sir Tho. Stringer Only I desire that Dixon and Wilson may be called in to swear that they were hired at Sir Thomas Gascoyns Trial. Mr. Just Dolb. Call them then Dixon Call'd and Sworn Sir Tho. Stringer Pray tell my Lord and the Jury what Witnesses were hir'd and whether you were hired to testifie for Sir Thomas Gascoyn or no Dixon My Lord in November 79 John Bayly sent John Wilkinson for me and when I came there Batley was there and they desired me to go and there call'd me into the Garden and ask'd me if I would be a Witness for Sir Thomas Gascoyn and would give me forty shillings Wilson Call'd and Sworn Sir Tho. Stringer Were you offer'd any thing by Mr. Babbington to be a Witness for Sir Miles Wilson I was my Lord. Sir Tho. Stringer Pray tell my Lord what you were offer'd and what he would have you to say Dixon Batley would have him to be a Witness Mr. Just Dolb. Well but what was he to say Dixon He was to say he never see Bol. nor Mowbray at his house Saith Batley I saw them at the door Thou never didst see them in my house Yes saith he I see them once and my Lord the third time before they departed he might say that in 79. he came in and found them there This he prest on me celling me it was but as telling a Lye for no Oath was required in this Case Bar. Greg. Did Mr. Babington offer you mony what would he have you to testifie for it Mr. Just Dolb. What mony would he have given you Wilson He would have given me 10 l. and Hickeringil profered me 10 l. Mr. Just Dolb. Is Babington a Solicitor for Sir Miles Bolron Yes my Lord here he is Dixon Batley did press me to say again that he did never see Mr. Bol. and Mowb. in his house and he had made a Contrivance of that Christopher Langley and Richard Cocker called and sworn Sir Tho. Stringer Pray tell my Lords and the Jury what you have been profer'd and by whom to give Evidence for Sir Miles Chr. Langley My Lord and 't please you I kept a publick house So William Batley and John Ross came and called for a quart of Ale and this Richard Cocker was with us and he said if you 'l go and be a Witness for Sir Miles in those things we shall direct you you shall have a couple of Oxen and half a score of Sheep Sir Tho. Stringer Who profer'd you this Langley Wil. Batley and John Ross Cocker Well it is the same my Lord I went with him into his house and he profer'd him a couple of Oxen and half a score of Sheep if he would be a Witness for Sir Miles Mr. Bayns called and sworn Sir Tho. Stringer Speak whether Mrs. Holmes would have had you to have recanted any thing against Sir Miles Mr. Bayns He profer'd me since I came into the Kingdom of England threescore pound a year to have holden my tongue if I had any thing to say against Sir Miles I told her not whether I had any thing or no and she profer'd me 60. l. per Annum Mrs. Hewit said she would give me more if I would say nothing against Sir Miles Mr. Just Dolb. Did they make any assurance Bayns I askt them do you know another Gentlemans Purse they said they knew it very well that he would give it Sir Miles Pray let Mrs. Holms be call'd again Mr. Just Dolb. Well she denies it What is that Hewit Bains He married another of my Daughters my Lord. Mr. Just Dolb. She only appear'd zealous for Sir Thomas Gascoyne and she would be the same for Sir Miles Stapleton Have you any thing more Sir Miles Sir Miles No my Lord only Mrs. Holmes denies it Mr. Just Dolb. She does so Sir Miles I have not much to say against Mr. Bayns Mr. Just Dolb. I do not hear he saith much against you Bar. Greg. He had got his money pretty easily if he said nothing more against you he had scarce earn'd his money Sir Miles I desire the Jury may Consider what Credit was given to their Evidence formerly in the former Trials for I speak seriously I never spoke any such thing nor was ever at any Consult about any such thing I believe there is none that knows me will believe it Mr. Just Dolb. Is that all Sir Miles The Evidence is very improper I never thought ill against the King in my life what reason was there for it Mr. Just Dolb. No reason at all that either you or any Papist should do it but only through the mad fiery zeal of the Jesuits for ever since the Reformation you have enjoy'd your Estates and Religion without any molestation but you could not endure we should quietly enjoy ours But if you have any matter on Record against them we will hear it It may be you will say he is an idle fellow and the like there will be no end of such reflections Bar. Greg. You see what is produc'd on your behalf Sir Miles though not by your direction yet on your behalf and they said it was but telling a lie Sir Miles No my Lord not I I never gave any such directions Mr. Just Dolb. Gentlemen of the Jury Sir Miles Stapleton stands indicted for a very foul Treason for endeavouring to subvert the Government change the Religion and to bring in Popish Superstition and Idolatry which he could never do without compassing the Death of the King he being the only obstacle in the way This is his Charge The proof of this depends upon Bolron and Mowbray Mr. Smith the first Witness he only relates he hath been in Rome and France and among all the Priests he convers'd with there was such a design on foot But against Sir Miles he knows nothing but things told him by Mr. Thwing which I must tell you is no Evidence against Sir Miles Stapleton Bolron and Mowbray do positively swear the thing as plain as any thing can be they both swear they were present at several Consults where it was resolv'd the King should be kil'd and that Sir Miles did agree to it and did agree to contribute 200 l. to carry on this Design Captain Bayns being Examined he saith he did really see Sir Miles at Barmbow-Hall at that time but he doth not know whether it was about that or no. Against this Sir Miles saith it cannot be but this is an Invention of Bolron and Mowb and to prove