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. Â 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
which being done Clerk of Assize This understand ye that these Gentlemen that are now to be Sworn are returned by the Sheriff of this County to pass between our Soveraign Lord the King and you for your lives therefore if you will challenge any of them you are to challenge them as they come to be Sworn and before they be Sworn Clerk of Assize Sir David Fowles Baronet Thwing I challenge him and so as they were called challenged these 25 Gentlemen following viz. John Eastoft Esq Hugh Savil Gent. William Bethel Esq Nivian Collins Gent. Townes Drisfeild Esq Thomas Green Gent. William Osbaldeston Esq Nathaniel Elliotson Gent. Marmaduke Trueman Gent. Nathaniel Harrison Gent. Robert Bell Gent. John Tomlinson Gent. Thomas Fletcher Gent. Thomas Riccaby Gent. Thomas Wood Gent. John Vllithorne Gent. Thomas Faireside Gent. Thomas Hincks Gent. Roger Fretwel Gent. William Mastin Gent. Simon Warrener Gent. George Ellis Gent. Edward Carvil Gent. Thomas Whaley Gent. John Coates Gent. Â In the calling of the Jury after several challenges made and some of the Jury Sworn Thwing spoke thus My Lord I shall willingly stand to other the Jury Mr. Just Dol. What Jury Thwing My Lady Tempests Jury Mr. Just Dol. Oh your Servant you either are very foolish or take me to be so The Jury being Sworn Clerk of Assize Cryer count these Sir George Cook Bar. Henry Pinckney Gent. Thomas Worsley Esq John Blackston Gent. William Caley Esq William Hardcastle Gent. Roger Lee Gent. Nicholas Stone Gent. John Dixon Gent. George Westerby Gent. George Wray Gent. Charles Tucker Gent. Cryer Twelve good men and true stand together and hear your Evidence Clerk of Assize Thomas Thwing hold up thy hand which he did Mary Pressicks hold up thy hand which she did Gentlemen you of the Jury that are Sworn look upon the Prisoners and hearken to their charge you shall understand that they stand Indicted by the names of Thomas Thwing c. and Mary Pressicks c. Pro ut in the Indictment upon this Indictment they have been arrained and thereunto pleaded Not guilty and for their Tryal have put themselves upon their Country which Country you are c. Then Proclamation was made for Evidence and the Indictment being opened and the Treasons therein aggravated by the Kings Council Mr. Baron Atkyns came into the Court to assist in the Tryal The Witnesses were called Robert Bolron was first Sworn Rob. Bolr. My Lord In the year 1674. I came to live with Sir Thomas Gascoyne and was Steward of his Cole-pits and in 1675. I turned Priest and about January 1676. Mr. Thwing Father Rushton and several others came to my house at Shippon and did there examine me how I stood affected to the Roman Catholick Religion and whether I was resolved to venture my life and estate in it if there were any occasion to which I agreed and was resolved to obey my Ghostly Father in all things Just Dol. Taking Notice of a Gentleman near the Prisoners demanded what is that Gentleman we are all beset he was one of the Jury Yesterday He being removed Bolron proceeded Father Rushton my Confessor gave me the Oath of secrecy and in the year 1677 Sir Thomas Gascoyne Sir Miles Stapleton Mr. Thwing the Prisoner and several other persons met at Barnboro-Hall Sir Thomas Gascoynes House and there they agreed that in hopes the Plot of killing the King would take effect they would erect a Nunnery at Dolebank but the real intention was to have it at Heworth within a Mile of York after the King was killed and to avoid suspition my Lady Tempest told them she would let them have Broughton for the present It was there agreed that the King should be killed and Mr. Thwing said that if they missed this opportunity they should ne ver have the like again and the effecting of it would be very beneficial to the Church of Rome Mr. Baron Atkyns Repeat it in the same words Bolr. He said if we miss this opportunity of killing the King we shall never have the like again and Mr. Thwing was to be the Confessor of the Nunnery for the present Mr. Bar. Atkyns Where were these these words spoken Bolr. In the old Dineing room Mr. Just Dol. Who were present Bolr. Sir Miles Stapleton Sir Thomas Gascoyne my Lady Tempest Mr. Thwing Mr. Rushton and some others Mr. Just Dol. Was it agreed that the King should be killed Bolr. It was my Lord. Mr. Baron Atkyns Consider seriously you speak in the presence of God and of a great Assembly and that a persons life is at stake tell it again what were the words Mr. Bolr. It was agreed that the King should be killed and that it was for the good of the Catholick Religion and I paid 10 l. to Mr. Rushton in Mr. Thwings presence towards killing the King and saw a List in Mr. Rushtons and Mr. Thwings hands of the names of several that engaged for promoting the Roman Catholick Religion which was to be by killing the King Mr. Baron Atkyns Was it a List of those that were to kill the King Bolr. The List I saw was of money raised to kill the King Mr. Baron Atkyns What was the title of that List Bolr. A List of the names of the Actors and contributers engaged in the design of promoting the Roman Catholick Religion and also of establishing a Nunnery which was raising money for the killing of the King and besides the 10 l. I paid towards it I paid 5 l. to have my Soul prayed for Thwing told me afterwards at my house that in York shire Lancashire and Derbyshire 30000 l. was raised for the killing of the King and that the List was sent beyond-Sea Mr. Just Dol. What can you say against the Woman Mr. Bolr. Mrs. Pressicks told me that in 1678 presently after the Plot was discovered she being in London did hear a Woman cry after her stop the Papist stop the Plotter but she got away and afterwards durst not appear publickly in London I had discourse with her at my house about the Plot and she told me that Father Harcourt was her Confessor and first engaged her in it and that Pickering told her that he was to have killed the King and she said she was sorry he did not do it and that Oates and Bedloe were two Rogues and the Plot had not been discovered but for them who were the cause of so much mischeif And she further told me that the Gun wherewith he was to have killed the King was found with Pickering and she did believe that was the cause of his loosing his life And she said the King was an Asse and not fit to Govern that what mony the Parliament gave him he spent on Whores and Concubines Mr. Just Dol. Well is this all you have against her Bolr. Yes my Lord. Mr. Just Dol. He hath done you may crosse-examine him if you will Thwing Who was at your house when I was there Bolr. Father
Rushton Thwing How often was I there Bolr. Several times I know not how often Thwing When was it you accused me first of the Plot Bolr. When I went to the Council I accused him Thwing He did not accuse me of the Plot in several months Sir Tho. Stringer Come Mr. Mowbray tell your knowledg Mowbray was Sworn Mr. Mowb. My Lord what I have to say is only against Mâ— Thwing At an Assembly of divers Preists at Barnboro-Hall amonst the rest there were Father Rushton and Mr. Thwing and there they determined to kill the King Mr. Bar. Atkyns When was this Mr. Mowb. This was near Michalmass 1676 and they declared it was not only lawful but meritorious to do it They also declared that London and York were to be fired and that force was to be made use of against the King and all other Hereticks that should oppose the advancement of their Religion and Mr. Thwing and Rushton declared the King was an Heretick and excommunicated by the Pope and had not kept his promise with the Jesuites to bring in their Religion and therefore deserved to be killed and it was not only lawful but meritorious so to do Mr. Belwood of Council for the King Was there not a List Mr. Mowb. Yes a List of those engaged in the design of killing the King and of promoting the Catholick Religion and it was declared the King should be killed because he had not kept his promise made to the Jesuites when he was beyond Sea Mr. Just Dol. Did the Prisoner declare it Mr. Mowb. Mr. Thwing declared it and Rushton and he managed it Thwing Who was there Mowb. It was at Father Rushtons Chamber that I saw you and there was another Thwing there and also Addison a Preist Thwing I went once or twice a year to Sir Thomas Gascoynes and thought it my duty to wait on him and that I might without offence do it he being my Unkle Mr. Just Dol. No the offence is Plotting Sir Tho. Stringer Mr. Thwing do you know Rushton Thwing Yes but I had no great acquaintance with him Sir Tho. Stringer Mr. Mowbray how came you to be entrusted in so great a business Mr. Mowb. I assisted Father Rushton at the Alter at Mass and so came into great favour with him and was permitted to be in his Chamber when the Preists were in private with him Sir Tho. Stringer Mr. Mowbrary did you take an Oath of secrecy Mowb. Yes I took it from Father Rushton Thwing How long since did you change your Religion Mowb. Presently after the Plot broke out Thwing Who where you examined before first of all Mowb. Before Mr. Lowther and Mr. Tindal Mr. Just Dol. Did you at the first accuse him Mowb. I only charged Sir Tho. Gascoyne Esq Gascoyne my Lady Tempest Sir Miles Stapleton and Father Rushton in my first and in my second deposition I accused Mr. Thwing and that was before Justice Warcup Mr. Bar. Atk yns Did Thwing abscond at the first Mowb. He was apprehended at the same time Sir Tho. Gascoyne was apprehended and at his house Mr. Just Dol. Well what say you to Mary Pressicks Mowb. My Lord I have nothing to say against her Mr. Just Dol. Mr. Thwing you have heard the Evidence what do you say for your self Thwing I shall produce Witnesses I was never with him at Barnboro first I shall shew he never mentioned me when he first mentioned the Plot and he never said any thing against me when he accused Sir Tho. Gascoyne before Mr. Lowther and Mr. Tindal But Mr. Bonithen of Counsel for the King offering other witnesses for the King against Mrs. Pressicks they were called viz. Mrs. Bolron Senior Mrs. Bolron Junior and John Hutchinson Mr. Bolron Senior Sworn Mr. Just Dol. What do you know of Pressicks the Prisoner at the Bar Mrs. Bolr. Sen. My Lord she said she knew of the Plot and that Pickering was to have killed the King Mr. Bonithen Do yon mean shoot the King Mrs. Bolr. Yes I do Mr. Just Dol. Where did she tell you this Mrs. Bolr. At Shippon my Lord. Mr. Just Dol. At his house pointing to Mr. Bolron Mrs. Bolr. Yes and she said that she was very sorry that Pickering did not do it and that he had done it if it had not been for Oates and Bedloe Mr. Just Dol. Was this the very same time that Mr. Bolron speaks of Mrs. Bolr. Sen. Yes my Lord and she said there would never be quiet in England untill the Roman Catholicks had got the upper hand and there was not a Protestant left in England and she said the King spent his money amongst his Concubines and his other Women so that he was not worthy to be King and she hoped an Army of Catholicks would be raised to set up Popery Mr. Just Dolb. That is indeed the principle of the Papists and according to it within forty years past they murdered 200000 innocent Protestants in Ireland Did she say it often Mrs. Bolr. Yes several times more than once or twice Mrs. Bolron junior was then sworn and examined Mrs. Bolr. jun. I heard her say there was a conspiracy carrying on about altering the Government and establishing the Roman Catholick Religion Mr. Just Dolb. Where heard you this Mrs. Bolr. jun. In my Husbands house Mr. Bar. Atkyns And what were her hopes in the Conspiracy Mr. Bolr. My Lord I cannot tell Mrs. Pressicks I ask Mr. Bolron when we had this discourse Mr. Bolr. At several times about Candlemas 1678 and at Easter and Whitsontide and several times after the Plot was discovered we discoursed it several times at the porch at my house Mr. Just Dol. Who was present Mr. Bol. My Grandmother Mr. Just Dol. Where was it Old-woman that you heard these words Mrs. Bol. Sen. At Shippon in the Hall porch my Lord. Mrs. Pressicks Had we any discourse of Sir Thomas Mr. Bolr. Sen. None John Hutchinson was then Sworn Mr. Just Dol. Do you know any thing concerning Mrs. Pressicks Hutch May it please you my Lord I came to Mr. Bolrons house and Mrs. Pressicks askt me what news in our Country and what became of the Papists I told her some had given bond and some were gone to prison then she said we shall never be at peace until we are all of the Roman Catholick Religion for the King is an Heretick and spends more money upon his Whores then upon his Queen and we shall never be at quiet until the Duke of York is King Mr. Just Dol. What say you to this you have seen him Mary Pressicks I never saw him but twice there Mr. Just Dol. Where was she when she said this Hutch She first talkt with me in the Kitchen and at the Hall door as she was just going into the Parlour she told me that we should never be at quiet until the Duke of York was made King Mr. Just Dol. Mr. Bolron when came she to your House Bolr. She came to our house about
Christmass and stayed about six monthes there Mr. Just Dol. Six monthes in your House then you are well enough acquainted with her Bolr. Yes my Lord. Mr. Just Dol. Did you charge Mr. Thwing before the Justice Bolr. My Lord I gave Justice Tindal only a short note that Sir Tho. Gascoyne promised me a 1000 l. to kill the King but what I had to say against Thwing I gave to the King and Council Thwing My Lord this is malice to Sir Tho. Gascoynes Family to which I am related it is out of revenge Mr. Just Dol It was a Family quarrel them Thwing Yes my Lord this I can prove by several witnesses Mr. Just Dol. Call your witnesses then Thwing Nathaniel Wilson Mr. Just Dol. Mr. Babington why don't you appear we know well enough that you are Solicitor in the cause call your witnesses Then Nathaniel Wilson was examined Mr. Just Dol. Come what is it you have to say Nath. Wilson I went to Bolron to look on a Cow that he had gifted for his cosin Bargues and desired to have the Cow away but he would not let me have her without paying for her gift so I tendered him his money and we went to talk in the house and Bolron sent for a groats worth of Ale and askt me if I could tell any thing of Father Rushton and I told him I could not and he bid me keep his secrets and he would give me more then I could addle in seven years and he said unless he could shed theblood of some of them he should get nothing Mr. Just Dol. When was this Wilson This was about next Michaelmas a twelvemonth Mr. Just Dol. This is quite other then you told yesterday Wilson I had not time Thwing I desire to know whether Bolron named me to Mr. Lowther as a plotter Then Mr. Lowther was called Mr. Lowther I do not remember that Mr. Bolron named Mr. Thwing to me when he was before me Mr. Just Dol. When did he come to make the discovery to you give an account of it Mr. Lowther I think it was the 24 th or 25 th of June 1679 that he came to me and he told me he had some secrets to impart to me and he began to tell me a story of the Jesuites and Priests what they designed against the government because the King did not keep his word with them when he was beyond Sea and then I called for my man and a Bible to take his examination and said pray friend be very careful what you do for here your own concern is at stake as well as the Lives and fortunes of the Gentlemen you speak against and upon that he began to be very fearful and timerous and lookt pale whereupon I askt him what that fear was for it is said he because I have concealed it so long and if that were upon you it may be you would be as fearful as I am Then I was going to take his Information and he said I have done it before Mr. Tindal why came you to me then said I he said Mr. Tindal desired it well said I Mr. Tindal and I are to meet to morrow and we will do it joyntly Mr. Just Dol. Did he say he told you all he knew Mr. Lowther He did not name Thwing but said he should recollect more and would go to London and give it in to the King and Council and then I said why may not we take it here as well as trouble them at London Mr. Just Dol. It may be he thought it better to do it there Mrs. Pres He did not accuse me before Mr. Lowther Bolr. Yes my Lord I did and a Warrant to take her Mr. Lowther She was taken the same day Sir Thomas Gascoyne was taken Mr. Just Dol. We will be just between you Then the Prisoners called Obediah Moore Mr. Just Dol. Come tell your knowledg in this business Moor. I say that Mr. Bolron said that Sir Thomas Gascoyne was not concerned in the Plot nor none of his Family and that he believed there was no Plot. Mr. Just Dol. When was this Moor. This was about Candlemas was Twelvemonths Mr. Just Dol. He was then a Papist but did not he tell you otherwise afterward Moor. In August after he told me he had but equivocated with me in what he said before and that there was a real Plot and if he had swore a thousand lies he could have been forgiven them Then Stephen Thompson was called and examined Stephen Thompson Mr. Bolron was servant to Sir Thomas Gascoyne and being in his Debt Sir Thomas did Arrest him and he agreed with Sir Thomas to give him 60 l. and got me to be bound with him and when the Plot came out I thought Bolron being his servant might know whether Sir Thomas had any hand in it and if so that we were in no danger of being sued and I enquired of Bolron and he said Sir Thomas was as sackless of it as the Child that was unborn and on Holy Thursday I went to him and got him out on the backside to Sir Thomas's and all along he told me if he sued him he would do him a greater mischief and I pleaded earnestly with Sir Thomas not to sue the Bond and he said he would have his Money but would stay a Fortnight and I prevailed with him to give three Weeks time that Bolron might go to sell his House at New-Castle and in that time he went to London and Accused him of Treason And as to Mrs. Pressicks I askt his Grandmother what she could say against her and she said alas alas I can say nothing to it but Bolron said she must say so and so Mr. Justice Dolben What mean you Friend by so and so Thompson It was about Sir Edmondbury Godfrey and that the King was an Whoremaster and such things Then Zachary Thorpe was called and Examined Thorpe I met with Mr. Bolron in Long-Acre before the last Assizes and askt him concerning Sir Thomas Gascoyne my Country-man and he said he was cleared but God Damne the Jury they were Rogues then he askt me if I had read Harris's Intelligence of that day and I told him yes and he then ask't me if I had seen his Wive's name in it he then told me that he was going down to the Assizes at York against my Lady Tempest and said God damne me I will ruine them if one thing will not do it another shall Mr. Justice Dolben What are you God damn me comes very nimbly out of your mouth Thorpe I live at the White Hart in Charter-house-lane with the Gentleman of the House I marryed his Daughter Mr. Justice Dolben And draw Pots of Ale that 's your Trade how comes Bolron to talk thus to you is he so mad a Fellow to talk thus to every one this is not likely that he should thus Accuse himself to you your Father in Law is a poor Ale-house-keeper Mr. Baron Atkins Are not you a
Papist Thorpe No My Lord a Protestant of the Church of England Mr. Justice Dolben Have you never been in Newgate your Lane is full of such People and your House suspected Thorpe No my Lord. Mr. Justice Dolben Come have you done Thorpe Bolron came to my Lodgings at the Plow on Holborn-Hill before the last Assizes and told me if I would Swear that Peter Shipton knew no harm by Bolron he would do any thing for me Mr. Justice Dolben This is a Fable for Bolron bound Shipton over at the Sessions before the last Assizes Bolron Yes my Lord it was for scandalous words against his Majesty Thorpe He ask't me what Shipton was I answered he is an honest man for ought that I know I have taken his own Bond said Bolron but I will have him from Court to Court I will teach him to meddle with me Mr. Justice Dolben How came he to speak to thee Thorpe I know not why but it was his discourse to me Mr. Baron Atkins What acquaintance was there between you Thorpe I have seen him several times in Yorkshire Mr. Justice Dolben You live in Charter-House-lane how came you together in Long-Acre Thorpe I met him accidentally in the Street Mr. Justice Dolben It is a wonderful thing that he should meet one in the Street with whom he had very small acquaintance and discover such things to him as he did to you Then William Hardwick was Examined Hardwick I was to carry Mrs. Pressicks before Justice Lowther and Bolron's Wife said she was sorry for it for she believed her to be an honest Woman and had been a good Neighbour amongst them Mr. Baron Atkins Who was sorry Hardwick Mrs. Bolron Mr. Baron Atkins What did Bolron himself say Hardwick He said nothing to me he was in another Room with his Grandmother Mr. Justice Dolben taking notice of Thwing's speaking to Mr. Hobart demanded what he said Hobart My Lord he ask't me whether Bolron did not say that Sir Thomas Gascoyne offered him a 1000 l. I only say that he swore at Sir Thomas Gascoyne's Tryal Mr. Justice Dolben How doth it appear what he swore there Bolron I acquainted Mr. Lowther and Mr. Tindal with it Mary Walker was called Mr. Justice Dolben Mary Walker what do you say Mary Walker Robert Bolron came after Mr. Thwing was taken Prisoner to my Mistresse's Mr. Justice Dolben Who is your Mistress Mary Walker Mrs. Lassell's and he asked me if I knew Mr. Thwing to be a Priest and I told him No my Lord he told me that if I would swear that he was a Priest he would give me 10 l. for he would be revenged of him for Sir Thomas Gascoyne's cause for he was near of kin to him and he proffered me 10 l. again Bolron Where were you you were not here Yesterday Mary Walker I was in the Court yesterday Mr. Justice Dolben Where spoke he this Mary Walker At Mr. Lassel's Sir Thomas Stringer My Lord he was then searching for Preists at that House and it is improbable that he should endeavour at that time to suborn Thwing's Sisters servant Mr. Baron Atkins Is Mrs. Lassell's of kin to Mr. Thwing Walker Yes my Lord. Mr. Justice Dolben Who can beleive he would come to Thwing's Sisters-House to suborn her servant to be a Witness against Mr. Thwing Walker Yes my Lord I have Witness of it both a Man and a Woman Mr. Justice Dolben Where are they Walker In Town Mr. Justice Dolben That makes it more improbable that he would offer you 10 l. in the presence of two Witnesses to swear that Mr. Thwing was a Priest Sir Thomas Stringer Let us ask her a Question Whether are you a Papist or No Walker Yes I am a Catholick Sir Thomas Stringer Since it must be probable that he would ask you such a thing and knew you to be a Papist Is Thwing a Priest or no Walker No Marry is he not Sir Thomas Stringer Have you not heard him say Masse Walker No if I were to dye Mr. Justice Dolben Indeed you are an excellent Witness Mr. Legget One of the Kings Messengers produced as a Witness by the Prisoners was next Examined Mr. Legget In August last Mr. Bolron told me He would call his Grandmother in and examine her before me and he then ask't her if she did not say that she knew such and such things and she said she could not tell but if she did 't was true Mr. Baron Atkins What was it he askt her Legget About Harcourt and I know not what I took little notice of it it seem'd to be a thing so Idle that I went away And meeting me afterwards said you thought my Grandmother knew nothing but at the bar when Sir Tho. Gascoyne was tryed they said they never heard one swear a thing more plainly Mr. Justice Dolben Legget did not you desire Money yesterday of the Clerk of the Assizes as a Witness for the King Legget Yes my Lord. Mr. Justice Dolben Did you so you are a fine Fellow Then one William Bacchus was Examined Bacchus All that I can say is that I served a Warrant upon Mrs. Bolron to go before Esq Lowther and Bolron's Wise and Grandmother said they could say nothing against Sir Thomas Gascoyne nor any of the Family Mr. Justice Dolben Well they say nothing against them now but what did she say against Mrs. Pressicks Bacchus She said that Mary Pressicks should say that the King was an Whoremaster and maintained his Whores better then he did the Queen Cuthbert Hamsworth was then called Hamsworth being produced as a Witnesse for Sir Thomas Gascoyne owned that he had been a Papist Hamsworth My Lord Robert Bolron did Swear revenge against my Lady Tempest for prosecuting a suit against him Mr. Justice Dolben What is that to the matter in hand do you know that he swore Revenge against Thwing and Pressicks Hamsworth No my Lord. Mr. Bar. Atkins to the Prisoners what have you more to say Thwing My Lord he saith I was at Barnbow-Hall 1677. I have Witnesses to prove otherwise Mr. Baron Atkins Call them then George Twisley Groom to Sir Thomas Gascoyne Twisley Mr. Thwing was never at our house above a night or two in the year Mr. Justice Dolben Whose house is your's Twisley Sir Thomas Gascoyne ' s. Mr. Just Dolben He was there but a night or two at a time Twisley No and please your Lordship Mr. Justice Dolben But was he there in 1677 Twisley About a year or two since I saw him there Mr. Justice Dolben But how often in a 12 Months time Twisley Not above once or twice Mr. Baron Atkins Did you never go out of your Masters house in 1677 Twisley I have my Lord but I was there both night and morning Mr. Baron Atkins How do you know but he might be there in the time that you were not there Bolron And please your Lordship this man was but the Groom Twisley I was the Groom my Lord and took the
are Mr. Bolron and his Grandmother and likewise one Hutchinson Mr. Bolron saith she did tell him that Harcourt was her Confessor and that he had engaged her in the Plot she likewise told him that Pickering was to kill the King that the Gun was found with him and was the cause of his death this is some Evidence of High-Treason I must leave it to you of what weight it is and how far by this you will conclude her privy to the Plot It is true were she an Actor in it it is plain she is guilty of High-Treason As to what Hutchinson said that she told him we should never be at peace till we were all of the Roman-Catholick Religion and the Duke of York was made King that will not amount to High-Treason This I take to be the sum of the Evidence against her Then as to Mr. Thwing there are two Witnesses that have sworn against him that is Mr. Bolron and Mr. Mowbray Bolron tells you that in 1677 there came to him several Priests to his House at Shipton and amongst the rest Thwing the Prisoner who askt him how he stood affected to the Roman-Catholick Religion and he then exprest his zeal for it and they thought him a person fit to impart their secrets to then he saith that in 1677 there was a Meeting at Barnbow-Hall which is Sir Thomas Gascoyne's House and at that Meeting there were Sir Thomas Gascoyne Esquire Gascoyne Sir Miles Stapleton and amongst the rest this Prisoner Thwing and that there was a Consult held at that time and Design of killing the King and that this person did agree to it and declared that if they should miss that opportunity they should never have such another and that it was for the good of the Roman-Catholick Religion The next was Mowbray and he saith to the same effect that in 1676. Thwing and others declared they did design to kill the King for he was an Heretick and Excommunicated and had not kept his word with the Jesuits and therefore they thought it not only Lawful but a Meritorious Act And this is what both Bolron and Mowbray do restifie this they swear positively against the Prisoner if you believe what they have Sworn to be true I must declare that it will amount to High Treason You are likewise to consider the Evidence he hath produced for himself the Law 't is true doth not allow us to give them an Oath yet if they be Persons of credit and honesty it is Evidence which you are to consider of The Prisoner hath called several Witnesses The first was Nath. Wilson I shall not repeat what he saith being of no import Thwing saith Mr. Bolron was before Mr. Lowther and Mr. Tindall two Justices of Peace who did take his Oath and then he said he did not Accuse him of the Plot at that time and by that would infer that he would have said what he had against him as well then as now if he had had any thing whereof to Accuse him But Bolron answers He did declare to these two Gentlemen he was not able at that time to Recollect his whole Knowledge but gave it in afterwards to the King and Council The next are Moore and Thorpe the effect of their Evidence is to strike at the Reputation of Bolron that it was an Act of Malice and Revenge for they say that Bolron told them that Sir Thomas was innocent and knew nothing of the Plot. Thorpe saith he met with Bolron in Long-Acre and that he told him that though Sir Thomas were quitted he would ruine some of them I say these things if true are some Evidence of a Malicious Prosecution but it seems something improbable that Bolron should so openly make a discovery of himself when it appears he was not greatly acquainted with them especially with Thorpe There are several other Witnesses that speak much to the same purpose Gentlemen In matters of Fact which depend upon the Testimony of Witnesses the Credit of the Witnesses is greatly to be considered if you believe what Bolron and Mowbray have both positively Sworn the Treason is plain you must take all the parts of your Evidence together you must weigh all the Circumstances you must as I said before consider the Credit of the Witnesses of the one side and of the other and by these steps you will be the better guided in the giving of your Verdict I must leave it to you and I pray God direct you therein The Jury having withdrawn after some Consultation together brought in their Verdct That Thomas Thwing was Guilty and Mary Pressiks Not-Guilty August the 2. 1680. Thomas Thwing being brought to the Bar the Clerk spoke thus Clerk Thomas Thwing hold up thy Hand thou hast been Indicted that thou as a false Traytor didst Conspire the death of the King c. and thereof hast been found Guilty what canst thou say wherefore Judgment of Death should not be pronounced against thee Thwing My Lord as I am now upon my life I know nothing of these things in the least that these men have sworn against me and on the other side I say that before Sir Thomas Gascoyne had his Tryal these Men said nothing against me so I hope your Lordship will take it into consideration Mr. Justice Dolben For your Innocency the Gentlemen of the Jury are Judges of that and they have found you Guilty so that it is not in my power either to acquit or condemn you I am only to pass Sentence according to that Conviction If you have any thing to say wherefore Judgment should not be pronounced I am ready to hear you Thwing All that I can say is to declare my innocency and that these men are of no credit and reputation It is very hard I should be Guilty and none of the rest that were Arraigned for the same Crimes Mr. Justice Dolben No it is not impossible it is possible you may be Guilty and the rest Innocent Thwing For my part I told your Lordship that I was but once or twice in a Year at Sir Thomas Gascoynes being my Uncle and I do protest I know nothing of the Consult these men do charge me with Mr. Justice Dolben You say one thing they swear another and for ought I know they are honest men they are lawful men and not convicted in the main for I do believe there were many great and dangerous Consults held at Sir Thomas Gascoynes by several Persons and that there have been many horrid and treasonable things acted there You have been Indicted for High-Treason the highest Treason that ever any Subject was guilty of for attempting to Kill the King for resolving so to do upon deliberate advice and consultation and this for no other end or purpose but that you might have your Religion set up for that was your Design to change this Religion here and to settle Popery in England and the better to bring that to pass you thought to take away