in the Plot. Mr. Just Dolb. He tells you how you told him what Mowbray would say before he came to him and what he would say against Sir Miles Stapleton Mr. Bolr. No my Lord I never said any such thing Mr. Just Dolb. You say you did not know what Mowbray would say Mr. Lowder saith otherwise Mr. Bolr. My Lord I did not know what it was before he brought it himself and he brought it in writing Bar. Gregory Mr. Lowder did he tell you the perticulars or he only said he was to depose things against Sir Miles Stapleton Mr. Lowder My Lord he told me he could Swear Sir Miles was at the Consult at at Barmbow and did there Conspire the death of the King and introduceing the Romish Religion Mr. Just Dolb. How long was this Mr. Lowder you had that discourse with Bolron before Mowbray came to give in his Information Mr. Lowder It was my Lord two or three dayes before and I ordered him to come again when Mr. Tindal was to be at my House Mr. Just Dolb. Were you ever with Mr. Lowder and knew when he and Mr. Tindal ordered him to come to him Mr. Bolr. I went to Mr. Mowbray and we came to Esq Lowders and there Mr. Tindal was but I knew nothing of what he had to say my Lord Mr. Mowbray was there at that time he doth affirm Mr. Just Dolb. Mowbray before you came to Mr. Lowders had you acquainted Bolron with what you had to say Mr. Mowb. I might acquaint him I had something to say but did not tell him the particulars Mr. Just Dolb. Did you tell him you had any thing against Sir Miles Stapleton Mr. Mowb. T is possible my Lord I might but I am not positive in that Bar. Gregory Did he tell you Mr. Lowder what Mr. Mowbray could Swear against Sir Miles and was it not the day which he tells you hereof Mr. Lowder No my Lord it was not Bar. Gregory It was not the same day Mr. Lowder No my Lord I shall be positive in it if I be brought to my Oath Mr. Just Dolb. Come another Witness Sir Miles Sir Thomas Yarbrough Call'd and Examin'd Sir Miles I desire Sir Thomas to speak what he heard Bolron declare what he knew of the Plot after Sir Thomas Gascoyne was taken Sir Tho. Yarbrougb The 10 th of August 79 Mr. Bolron came to my House about 10 or 11 a Clock at night and knockt at my Door I thought him very unseasonable but my Servants looking out at the Window askt who was there he said a Friend that would speak with Sir Thomas my Servant came and told me and I ordered my Servant to go down and bring him into my Chamber in the Interim I put on a Morning Gown as soon as he came in he told me he had an order of Counsel to search all suspicious places for Popish Priests and I have great cause to believe that there is one Rushton a Priest now at Sir Miles Stapletons what would you have me to do said I would you have me to go with you my self he said no but a Servant said I Mr. Bolron will you show me the order and finding his name in the Warrant I askt him was that the Person that inform'd against Sir Thomas Gascoyne his answer was this that if I pleas'd he would shew me the Article against Sir Thomas Gascoyne when I observ'd the Article I askt him if he knew any thing of Sir Miles Stapletons being concern'd in the Plot No I protest saith he I know nothing of Sir Miles Stapleton's being concern'd in it for he is a very honest Gentleman only this I must say that I know he hath made a Collufive Conveyance of his Estate and I believe most of the Roman Catholicks in England have done it for the securing of their Estates Mr. Just Dolb. What do you say to this Bolron Mr. Bol. My Lord when I delivered in my Information to the Counsel I did accuse Sir Miles Stapleton Mr. Just Dolb. Did you say this to Sir Thomas Mr. Bol. No I did not if it was not in the Information I gave to the Counsel beleive not one word that I have said Mr. Just Dolb. It s possible it might be in the second Information to the Counsel that you accused Sir Miles Was Sir Miles Stapleton's name in the Paper you gave to him Mr. Bol. Yes my Lord. Mr. Just Dolb. This was the tenth day of August 79. Had you then Informed the Counsel of any thing before that time against Sir Miles Stapleton's being at Barnbow Hall at the Consult Mr. Bol. May it please your Lordship I was called out when I was before the King and Counsel and there was something I did not deliver in Mr. Just Dolb. Then you did not do it at that time Mr. Bol. No my Lord I did not Mr. Just Dolb. I ask you again before the tenth day of August 79. Had you Informed the Counsel of any thing against Sir Miles Mr. Bol. No my Lord I had not Mr. Just Dolb. Then it could not be in the Information that you shew'd him Mr. Bol. No my Lord it was at the second time Bar. Greg. Was it before you had this discourse with Sir Tho. Yarbrough Mr. Bol. No my Lord it was not before that I shall not speak one word of a Lye Sir Miles Every word you speak is a Lye Mr. Bol. It is no lye before this Honourable Court. Mr. Just Dolb. Were these Informations inclosed in the Letter from the Counsel Mr. Lowd Yes my Lord your Lordship may see the Letter mentions it holding the Letter forth in his hand with the Informations which Mr. Just Dolb. took and silently read them over after which he made his report thereof to the Court. Mr. Just Dolb. Mr. Lowd I have read all these things over and there is nothing of any Consult in them How should then the Accusation of Sir Miles be mentioned in them Bar. Greg. Ido believe Sir Tho. you mistake times Sir Tho. Yarb. No my Lord I do not Mr. Just Dolb. In the bringing of this Order of Councel to you did you ask Mr. Bolron if he knew any thing against Sir Miles Stapleton Sir Tho. Yarb. Yes my Lord I did and he said he beleived he was Innocent Sir Tho. Stringer Pray Sir Tho. why did you ask him that about Sir Miles Sir Tho. Yarbr Because I knew Sir Miles was related to Sir Tho. Gascoyn and was often there Sir Tho. Stringer It seemed Sir Tho. you feared it The Lady Yarbrough Called and Examined Sir Miles Madam pray accquaint the Court what you heard Bolron say when he discoursed your husband Lady Yarbrough All I can say is that I was in bed then and heard him say all these things and I heard the Order read and there was mention of several at the Consult among whom there was no mention of Sir Miles Stapleton Mr. Just Dolb. Does your Ladyship very well remember that Sir Tho.
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
Bol. Sherby of Stone-house said these latter words and Mr. Shereburn said Mr. Just Dolb. No matter what Mr. Shereburn said what said Sir Miles Mr. Bol. The Gentlemen said that Sir Miles should be a Privy Councellour and that they would procure the Duk 's consent to it Mr. Just Dolb. Is that all Mr. Bol. My Lord I was further at a Consult in Seventy-eight about the thirteenth or fourteenth of June Baron Greg. What time was that Mr. Bol. The thirteenth day of June 78. and there it was agreed upon the taking of Hull the letting in of the French there as the fittest place for the French to land at Mr. Just Dolb. Where was this Mr. Bol. At Barmbow and likewise they did discourse that my Lord Bellas had caused the Block-houses to be almost ruined that the French might more easily come in and we had all Pardons for our Sins Mr. Lawrence Mowbray called and sworn Sir Tho. Stringer Mr. Mowbraey tell my Lords and the Jury what you know against Sir Miles Stapleton the Prisoner at the Bar. Mr. Mowbray My Lords you have heard what Mr. Smith and Mr. Bolron say to the Plot in general what I say shall be very breif in relation to Sir Miles Stapleton and no further Sir Miles Stapleton being present with Sir Tho. Gascoyn my Lady Tempest Esq Gascoyn and several others they held several discourses concerning a design of killing the King Subverting the Government and bringing in Popery and accordingly they would fire London Bar. Greg. When was this Mr. Mowb. This was in 76. where Father Rushton gave him an Oath of Secrecy and he promised to be true to the Design and would venture his Life and Estate for the promoting so good a Cause Mr. Just Dolb. Did you hear Sir Miles Stapleton say hee would Adventure his Life and Estate for the killing of the King Mr. Mowb. Yes my Lord. Mr. Just Dolb. And was it resolved at that Consult Mr. Mowb. Yes my Lord. Mr. Just Dolb. And he consented to it Mr. Mowb. Yes my Lord and took the Oath of Secrecy from Father Rushton Mr. Just Dolb. This is not the time that Mr. Bolron speaks of Mr. Mowb. No my Lord he speaks of 76. and 78. this was in 78. Mr. Bolron I have in 75. a Collusive conveyance of Sir Miles Stapleton's Estate to Sir John Daney Mr. Just Dolb. Where did you see it Mr. Bol. I did see it at Sir Thomas Yarbroughs and he asking me when Sir Miles Stapleton was at Sir Tho. Gascoyns may it please you said I I can tell you something where you are concerned with Sir Miles Stapleton as soon as he heard that he blusht and away he went and would hear no further Sir Tho. Stringer What say you Mr. Mowbray of an Indulgence you had Mr. Mowb. Yes my Lord I had an Indulgence Mr. Just Dolb. Was it for the time to come or the time past Mr. Mowb. It was for the time past for I was to enter into the Rosary Sir Tho. Stringer Did you ever attend Rushton at the Altar Mr. Mowb. Yes I did Mr. Just Dolb. Mr. Bol. you say you saw a Collusive Conveyance made by Sir Miles Stapleton to Sir John Daney pray what was the forfeiture of it Mr. Bol. It was Mr. Just Dolb. Was it Sir Tho. Yarbrough or Sir John Daney you told of it Mr. Bol. I told it to Sir John Daney Mr. Mowb. I drew a Copy of that very Conveyance Sir Tho. Stringer Truly my Lord we want Mrs Bolron one of the most material Evidences against Sir Miles being sick at London Mr. Bayns called and sworn Sir Tho. Stringer Come Mr. Bayns declare to the Court what you know against Sir Miles Mr. Bayns I know nothing against Sir Miles only I have seen him at Barmbow-Hall in 77. Sir Tho. Stringer Pray tell us this whether you have observed in the year 76. Sir Miles Stapleton come to several meetings with Sir Tho. Gascoyn and my Lady Tempest and others Mr. Bayns Yes my Lord I have Mr. Just Dolb. But you do not know what discourse they had Mr. Bayns No my Lord but I remember we were once discoursing about some Nuns beyond Sea and they were called galloping Nuns Mr. Just Dolb. They were gallopers indeed Mr. Just Dolb. Sir Miles you have heard what hath been proved against you Sir Miles My Lord there is nothing of truth in it at all I hope to make it appear to your Lordship I call God to wittness I am as Innocent of what they say as any Child unborn Mr. Just Dolb. That is an easie thing to say Sir Miles I hope to make it appear to your Lordship Will your Lorship please to give me leave to ask the witnesses some questions Mr. Just Dolb. That you may have allowancc in Sir Miles Then I desire to ask Bolron this question Did you accuse me in your Information to Justice Lowder Mr. Bol. No my Lord I did not Sir Miles Did I or any other desire you to keep any secret for me Mr. Bol. Yes my Lord I have been desired Mr. Just Dolb. But did Sir Miles ever desire you Mr. Bol. No my Lord he did not but Rushton did when I was Introduced by the Priests to the Consult Sir Miles Did you and Mowb. know that each other was concerned in the Plot Mr. Bol. Yes we did Sir Miles Name the persons that were private at the Consult Mr. Bol. There was Sir Tho. Gascoyn my Lady Tempest Esq Gascoyn Mr. Ingleby Mr. Thwing Mr. Rushton Mr. Addison Mr. Metcalf and several others Sir Miles How long did the Consult last Mr. Bol. Some six or seven hours Sir Miles What Servants were there Mr. Bol. I took no notice of the Servants Sir Miles What Room was it in Mr. Bol. In the old Dining Room Sir Miles How long did it last Mr. Just Dolb. Six or seaven hours he tels you Sir Miles Was there any other at Sir Tho. Gascoyns Mr. Bol. None else that I can remember Sir Miles Upon what occasion did he mention Mowbray in his Information to the Counsel Mr. Just Dolb. There hath no Information to the Counsel been men tion'd here Sir Miles Pray what was the occasion you were turn'd out of Sir Thomas Gascoyns Service Mr. Bolr. My Lord I know not they say it was about a Trunk Sir Thomas Gaseoyne sent him to York and he was to come again I know there was a design to take away Mowbrays life but I never told him so much and my Lady accused him for a Ring I never durst tell him this but this was the thing contriv'd against him to take away his life I can make it appear where he bought the Ring Mr. Just Dolb. What telst thou us of a Ring canst not thou as well tell us it was for that he left Sir Thomas Gascoynes service Sir Miles When did you first become a Protestant Mr. Mowbray When I made my first Information Bar. Gregory When was that Mr. Mowb. That
was in 79 and a little before that I kept correspondency with Father Addison Sir Miles I desire to know whether he saw a list of names Mr. Mowb. Yes I did Sir Miles Whose names were there Mr. Mowb. There was your name for one and Sir Thomas Gascoyns Sir Miles What was it for Mr. Mowb. It was a List of those that were Actors and Contributors for Killing the King Mr. Just Dolb. You are sure Sir Miles Stapletons name was in the List Mr. Mowb. Yes my Lord I am Mr. Just Dolb Was it Parchment or Paper Mr. Mowb. No my Lord it was Paper Mr. Just Dolb. Were you to assist in Killing the King Mr. Mowb. My Lord I was not to be an Actor in killing the King Sir Miles Whether did I or any other desire you to keep any secret for me Mr. Mowb. Yes Father Rushton did Sir Miles Did I ever do it Mr. Mowb. No Sir Miles you never did Sir Miles Did any body else desire you Mr. Just Dolb. Father Rushton he tells you did Sir Miles Was the discourse so loud that Sir Thomas Gascoyne could hear it Mr. Mowb. Sir Thomas could hear well enough when he would Sir Miles Was it in 79 that you discover'd the Plot Mr. Bolr. Yes I went to London and there discover'd the Plot in 79 I think it was Sir Miles You said I was not concern'd you only accus'd Sir Thomas Gascoyne and some other in your Information but did not name me Mr. Just Dolb. Did he so you may prove that upon him Sir Miles It was so in his Information my Lord. Mr. Just Dolb. Well then let it be so Call your Witnesses Mr. Lowder call'd and Examin'd Sir Miles I desire Mr. Lowder to acquaint your Lordships and the Jury what was in the Information Mr. Bolron gave in whether he accus'd me or no. Mr. Lowder All I know of it is that in January 79 on Sunday Evening as I think about the 24 th day of the month Robert Bolron came to me and told me he had something of Secrecy to impart to me and I askt him if he would go into the House with me he told me it was matter of High-Treason I askt who was concern'd he answer'd Sir Thomas Gascoyne and several others then I order'd my Clerk to bring a Bible and Pen and Ink to take his Information I desired him to be very Caurious telling him that several lives were at stake at that he began to be fearful and chang'd Coulor I askt him for what cause that fear was he said if that were upon my Conscience that was upon his for concealing it so long I should be as fearful as he I bid him seriously consider what he had to say he said then he had deliver'd his Information to Mr. Tindal well then said I why is it you come to me said I Mr. Tindal is to be at my House the 25 th day and I shall discourse it with him and we shall take it together Mr. Tindal did come and Bolron came and deliver'd in his Information Mr. Just Dolb. You did not give him his Oath at that time Mr. Lowder No my Lord for it seems he had not then deliver'd in his Information but only a writing of his to Mr. Tindal Bar. Gregory You took no Examination then Mr. Lowder No my Lord not at that time but afterwards he came and he gave in his Information to us and I think we were about two hours about it and then he did not charge any person but Rushton and Sir Thomas Gascoyne but said he had more to recollect well said I if you recollect any more you may come again Bar. Gregory Pray who did he name Mr. Lowder He nam'd Father Rushton and Sir Thomas Gascoyne he nam'd my Lady Tempest but spoke that as from another And when he came again he said he would trouble us with no more but would go to the King and Counsel to deliver in the rest Mr. Just Dolb. He said then he should recollect more Mr. Lowder Yes my Lord he did and when he came again he said he would not trouble us with it but would inform the Counsel of it when we saw him so positive he had a Letter of recommendation from Mr. Tindal to the Counsel and he lost that Letter at Ware but he went on and delivered his Information to the Counsel Mr. Just Dolb. Do you know it Mr. Lowder Yes my Lord. Mr. Just Dolb. You cannot know it were you there then Mr. Lowder No my Lord but I do know it Mr. Just Dolb. How do you know it Mr. Lowder I have a Copy of the order under several of the Counsels hands Mr. Just Dolb. That is not Evidence you are not to speak what another man knows But that is not the matter it seems he went to give in his Information to the Counsel for indeed he could not otherwise have been safe Mr. Lowder After this he goes up to London again and comes down and brings me another order of Counsel to examin Mr. Mowbray and one Hickeringil and I askt him if he knew any thing about Sir Miles Stapletons being concern'd in the Plot and he said no he believ'd he was very clear Mr. Just Dolb. You say that Bolron brought you another order of Counsel to examin Mowbray Mr. Lowder Yes my Lord. Mr. Just Dolb. Did Bolron bring you in writing what Mowbray could say Mr. Lowder My Lord I know not whether it was in writing or by word of mouth Mr. Just Dolb. What was it he told you Mowbray could say Mr. Lowder He told me he could say he saw Sir Miles Stapleton at Barmbow when the consult was but said he there will others come against Sir Miles Mr. Just Dolb. Pray Let us ask Bolron that did you say to Mr. Lowder you knew nothing against Sir Miles Stapleton but there was others would do it Mr. B lr No my Lord not that I remember Mr. Lowder Bolron himself had never said any thing against Sir Miles Bar. Gregory Did you ask Bolron if he knew whether Sir Miles was concern'd in the Plot or no Mr. Lowder Yes my Lord I did and he answer'd he knew nothing against him Mr. Just Dolb. He was not then upon his Oath Mr. Lowder No not then but after this he delivered his Information and did Swear to the same effect that Mowbray did Swear that Sir Miles was at Barmbow and that they all did Conspire the killing of the King and introduceing the Romish Religion and he said my Lady Tempest came to him when he was in the passage and said to him Mr. Mowbray it is fitter for you to be treating of Sir Miles Stapletons Servants in the Larder And he askt me whether he had better go and apprehend Sir Miles or Mr. Ingleby first Mr. Just Dolb. This was your discourse with Bolron Mr. Lowder Yes my Lord. Mr. Bolr. May it please your Lordship I did not know then that Mr. Mowbray was at all concerned
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
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 Certioraâ—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
likely-hood there was for introducing the Romish Religion into England and he told me he would prefer me very well there if I would turn to their Religion and gave me Letters to several Friends in Italy At last I was perverted to the Romish Religion by vertue of this Cardinal and this Gentleman at last askt me if I had a mind to study I told him yes so I came into an Italian Colledge and became acquainted with all the Secular Priests both English Scotch and French who told me what interest they had made in England during the coming in of Cardinal Norfolk and said there was but one man in the way meaning the King and said they should soon remove him Mr. Just Dolb. Did they mean the King Mr. Smith Yes my Lord they said there was but one man in the way and that they would soon make an end of him and that they had men ready in England for it After this my Lord I left this Italian Colledge and came to the English Colledge for I had a mind to come there and I made friends with the Jesuits After I came to the English Colledge my Lord I was enform'd of one Father Anderton Rector of that Colledge and Father Mondford who told me that by means of this Cardinal Norfolk they did not doubt but to take the King out of the way and that they would give me all priviledges that could be for a young man in that time When I was coming away my Lord from Rome and had my Letters Emissaries by Cardinal Peroriâ— He sent for me when I was coming away as is usually done to all Scholars and they Kiss the Popes toe and he gives them his blessing and particular Indulgence which I had when I came into England said he to me there is one man in the way who hath made us fair promises but will performe nothing therefore we must take him out of the way and that I might be Instrumental in the design with this my Lord I took my leave of the Colledge and we came five into England as Priests and I made my application to the Arch-Priest which was in London one Purrat and I was employ'd a long time by him in England but Proclamations coming forth for the apprehending Popish Priests I was constantly after at the Portugal Embassadors Chappel where this Purrat had a Chamber wherein I discourst with several of the Clergy in England who said they doubted not but Popery would soon be settled in England I came after that to live at one Mr. Jennisons House where the Clergy had several meetings and we were all of opinion that course would be taken with the King unless he brought in Popery And this my Lords is all I can say in General Mr. Just Dolb. Do you know of any Conspiracy in Yorkshire Mr. Smith My Lord I am coming to that When I came to Mr. Jennisons House there was one Mr. Thwing a Priest who has suffer'd as a Conspirator he was very well acquainted in the House before I came there and did very much to perswade me that I would intreat Mr. Jennison to send his Daughters to a place called Dolbanck where a Nunnery was to be erected and I knew several that were there This Mr. Thwing came to me oftentimes and several other Priests in this City and they all prest me to it but I was against it knowing what their design was Mr. Just Dolb. But do you know any thing against the Prisoner Mr. Smith All that I can say to the Gentleman at the Barr is this I never saw him before to my knowledge But Mr. Thwing when we were at Mr. Jennisons and discoursing of the Plot askt me how they gave Mony in Bishopprick I told him some gave more some less Mr. Just Dolb. What were those Collections for Mr. Smith My Lord it went among our selves under the notion of Killing the King and rooting out the Protestant Religion but we gave it out that it was for repairing a Colledge at Doway which if granted had been penal by Law Then I askt him how doth the Collections go among you in Yorkshire some saith he give freely but saith he my Uncle and his friends are engaged another way for saith he they are going to make a Founder for Dolbank Several persons he named among which he nam'd this Gentleman Mr. Just Dolb. What said he of Sir Miles Mr. Smith He said Sir Miles was very zealous for promoting the Roman Catholick Religion and had Contributed Largly for the introduceing of it into England Bar. Gregory You say that amongst your selves you gave it out out that the mony that was rais'd was for the Killing of the King and rooting out the Protestant Religion pray by what way and means was it to be done was that ever discours'd among any of you was it for raising of an Army or what was it for Mr. Smith Where ever I was my Lord it was resolv'd that that was the most efectual means for the introduceing of Popery Mr. Robert Bolron call'd and Sworn Sir Tho. Stringer Mr. Bolron acquaint my Lords and the Jury what you know of Sir Miles Stapleton Mr. Bolr. May it please your Lordships I came to live with Sir Thomas Gascoyne in 1674. as Steward of his Cole-works and was then a Protestant but was perswaded by Mr. Rushton Sir Thomas and others to turn Roman Catholick when I had turn'd Roman Catholick about 1676 they came and askt me what I would do for the Romish Religion if it should come to it I told them I would adventure my life in that cause and then I went to Barmbow-Hall where I took the Oath of Secrecy after that I went to Barmbow-Hall where Sir Miles Stapleton was at a consult in 1677. Mr. Just Dolb. At what time in 77 Mr. Bolr. It was about Whitsontide my Lord. Mr. Just Dolb. That was the Whitsontide after you had taken the Oath of Secrecy Mr. Bol. Yes my Lord. Mr. Just Dolb. Who was there Mr. Bol. Sir Miles Stapleton Sir Tho. Gascoyn Mr. Gascoyn his Son my Lady Tempest Lawyer Ingoldby Mr. Thwing Father Rushton and several others Baron Gregory What was there done at that Consult Mr. Bol. My Lord the Consult was about killing the King and Establishing a Nunnery at Dolbank near Ripley Sir Tho. Gascoyn gave 90. l. per Annum and 300. l. for killing rhe King and I remember very well Pickering was mentioned about killing the King and they askt Sir Miles Stapleton what he would give and he said 200. l. for killing the King Mr. Just Dolb. Are you sure that in the presence of Sir Miles Stapleton it was resolved the King should be killed Mr. Bol. Yes my Lord it was resolved both by him and all others that the King should be killed and my Lord I heard them further say if the Duke of York did not please that they would serve him as they would serve his Brother Baron Greg. Who said these latter words Mr.
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