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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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Yarbrough askt him if Sir Miles was concerned and he said not that he knew of Lady Yarb. Yes my Lord and he said more than that for when he returned from taking Priests in the afternoon there was a great deal of Company in the house and when he came he brought one of the Sons along with him and they came into the Hall there Mr. Bol. was with them and among the rest there was one Mr. Anby who being a little merry he takes him by the Arm and comes and bring him to us as we were sitting in the Porch and said heark you Mr. Bolron I hear you are a Discoverer of the Plot Yes I am said he Then I pray you who are they that are concerned But he would not tell him so said he is Sir Miles Stapleton in it he answered he had nothing to say against Sir Miles but he was an honest Gentleman for ought he knew Excepting that he had made a Collusive Conveyance of his Estate Mr. Normanton Called and Examined Mr. Norm In June 79. came Rob. Bolron to me and said that Sir Tho. Gascoyn would give 1000 l. for killing the King and the Lady Tempest would have hang'd him for breaking a Trunck but now he would be even with her and that Sir Miles Stapleton kept Priests in his house but he would apprehend them presently for he might have twenty pound a peece for taking of them Bar. Greg. You say Bolron told you this Mr. Norm Yes my Lord he told me this in my own house and I told him he might go to Esq Tindal and I lent him eighteen pence and borrowed him a horse in the Town Richard Pears Sir Mile's man Called and Examined Richard Pears My Lord Bolron came to Carleton Mr. Just Dolb. Carleton what is that Richard Pears To my Master's house Mr. Just Dolb. Who is thy Master Pears Sir Miles Stapleton Mr. Just Dolb. What then Pears I goeing to an Ale-house where Bolron was he askt me how I did I thank'd him Mr. Just Dolb. Did you know him then Pears Yes my Lord and he had called for a Pot of Ale and wished me to drink with him and he asked me if they did not blame him for accusing my Master Sir Miles and I said I did not hear him named he said it was not him but he might not tell who it was Mr. Just Dolb. When was this Pears Three or four days after my Master was taken into Custody and he said he would have gone to have seen Sir Miles but I think says he he does not know me and he askt me if Mr. Legget would be at our house and he desired me to give him a Letter and I said I should not see him then he said I might burn it and I did burn it my Lord. Sir Tho. Stringer How came you acquainted with Bolron Pears At the Cole-pits my Lord. Sir Tho. Stringer Did you never see him at Sir Tho. Gascoyn's Pears No my Lord. Stephen Thompson Called and Examined Mr. Just Dolb. Have a care you speak nothing but truth though you are not sworn yet we can punish you and God Almighty will punish you if you speak false Steph. Thompson An 't like your Honour Rob. Bolron was Servant to Sir Tho. Gascoyn as Steward of his Cole-pits Sir Tho. put him out of his Colepits and there was a great deal of mony due and he knew not how to get it and therefore he would take threescore Pounds for it because he knew not how to get it and he would take thirty two Pounds at one time and twenty eigth at another and he came to me to be bound with him which I was unwilling to saith he here is thirty eight Pound good Debt and I shall take care to get the other and if Sir Tho. be not kind I shall do him an ill turn Mr. Just Dolb. What is this to Sir Miles Stapleton Thompson He did swear this Plot being discovered they thought he knew something of Sir Tho. Gascoyn and he said before the Plot broke out there was never a Catholick in York-shire was concerned in it if there were any it was above Bar. Greg. This was before his Information I 'le lay a Wager Mr. Just Dolb. How could he do him an ill turn Thompson My Lord this is the ill turn Mr. Legget said he did it not for need Oh Rob. Bolron said I do you thus requite Sir Tho Gascoyn's kindnesses Bar. Greg. Did he speak any thing to you concerning Sir Miles Sir Miles I conceive when they reflect upon Sir Tho. they reflect upon me Mr. Just Dolb. No not so you might be guilty and Sir Tho. Innocent or you might be innocent and Sir Tho. guilty Sir Miles My Lord I think that as there was a Consult at Sir Tho. Gascoyn's certainly if any one was guilty we were all guilty Baron Gregory There are some that conceive and I think not without grounds that there are no considerable Catholicks in England but they are concerned in the Plot. Mr. Just Dolb. There was one Dixon came at Sir Tho. Gascoyn's Trial and said he heard Bol. and Mowb. down a pair of Stairs speaking of Revenge against Sir Tho. Gascoyn and my Lady Tempest and thinking these Witnesses might now be produced we called at Leeds to veiw the Stairs and I am sure neither my Brother nor I could see any probability in it Bar. Gregary For satisfaction we made two go up into the Chamber and stand where the Witnesses were and they spoke as loud as People do usually when they discourse and I am sure I could neither perceive what they said nor see them unless I went three or four steps up Mr. Just Dolb. This is but occasioned by your jesting upon the matter Nathaniel Wilson Call'd Mr. Just Dolb. Sir Miles I would put you in mind of one thing Produce those two Witnesses that were produced at Sir Tho. Gascoyn's Trial. Sir Miles I have none of these Witnesses Mr. Just Dolb. Certainly these Witnesses would be as material as any you can have to do it Sir Miles I have them not here my Lord. Mr. Just Dolben Nay that is because you dare not the Kings Counsel will prove what they spoke they were hired to and had mony from Sir Tho. Gascoyn which they confest Sir Miles My Lord they made Affidavit of it Mr. Just Dolb. Though they did yet they confessed they were hired to it My Lady Vavasour Called and Examined Sir Miles My Lord I call my Lady Vavasour to tell whether Sir Walter was there at the Consult they tell us of at Barmbow Mr. Just Dolb. That will be heard for her to do but call her then Who was cal-called but speaking so low she could not be heard by the Court and standing besides Mr. Just Dolben he repeated her words to the Court My Lady saith this Gentlemen she believes her Husband was not there in any part of the year because he was infirm at York Now Gentlmen I would only
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.