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 [Page 2] 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 30th. day of May in the 31th. 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 30th. day of May in the 31th. 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 [Page 3] 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 29th. 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.

Thomas Thwing, hold up thy hand, Mary Pressicks, hold up thy hand, (which being done.)

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 [Page 4] challenge any of them, you are to challenge them as they come to be Sworn, and before they be Sworn.

Sir David Fowles Baronet.

I challenge him, and so as they were called challenged these 25 Gentlemen following (viz.)

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.

What Jury?

My Lady Tempests Jury.

Oh your Servant, you either are very foolish, or take me to be so. The Jury being Sworn.

Cryer count these.

Twelve good men and true, stand together and hear your Evidence.

Thomas Thwing, hold up thy hand, [Page 5] (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.

My Lord, In the year, 1674. I came to live with Sir Thomas Gascoyne and was Steward of his Cole­pits, 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.

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. [Page 6] 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. 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.

Repeat it in the same words.

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.

Where were these these words spoken?

In the old Dineing room.

Who were present?

Sir Miles Stapleton, Sir Thomas Gascoyne, my Lady Tempest, Mr. Thwing, Mr. Rushton and some others.

Was it agreed that the King should be killed?

It was my Lord.

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?

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.

Was it a List of those that were to kill the King?

The List I saw was of money raised to kill the King.

What was the title of that List?

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 [Page 7] 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.

What can you say against the Woman?

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.

Well, is this all you have against her?

Yes, my Lord.

He hath done, you may crosse-examine him if you will.

Who was at your house when I was there?

Father Rushton.

How often was I there?

Several times, I know not how often.

When was it you accused me first of the Plot?

When I went to the Council; I accused him.

He did not accuse me of the Plot in several months.

Come Mr. Mowbray tell your knowledg.

Mowbray was Sworn.

My Lord, what I have to say is only against M [...] 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.

When was this?

This was near Michalmass, 1676, and they de­clared it was not only lawful but meritorious to do it; They [Page 8] 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.

Was there not a List?

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.

Did the Prisoner declare it?

Mr. Thwing declared it, and Rushton and he ma­naged it.

Who was there?

It was at Father Rushtons Chamber, that I saw you, and there was another Thwing there, and also Addison a Preist.

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.

No, the offence is Plotting.

Mr. Thwing, do you know Rushton?

Yes, but I had no great acquaintance with him.

Mr. Mowbray, how came you to be en­trusted in so great a business?

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.

Mr. Mowbrary, did you take an Oath of secrecy?

Yes, I took it from Father Rushton.

How long since did you change your Religion?

Presently after the Plot broke out.

Who where you examined before first of all?

Before Mr. Lowther and Mr. Tindal.

Did you at the first accuse him?

I only charged Sir Tho. Gascoyne, Esq Gascoyne, my Lady Tempest, Sir Miles Stapleton, and Father Rushton in my [Page 9] first, and in my second deposition I accused Mr. Thwing and that was before Justice Warcup.

Did Thwing abscond at the first?

He was apprehended at the same time Sir Tho. Gas­coyne was apprehended, and at his house.

Well what say you to Mary Pressicks?

My Lord, I have nothing to say against her.

Mr. Thwing, you have heard the Evidence, what do you say for your self?

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.

What do you know of Pressicks the Prisoner at the Bar?

My Lord, she said she knew of the Plot, and that Pickering was to have killed the King.

Do yon mean shoot the King?

Yes, I do.

Where did she tell you this?

At Shippon, my Lord.

At his house (pointing to Mr. Bolron?)

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.

Was this the very same time, that Mr. Bolron speaks of?

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.

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?

Yes, several times, more than once or twice.

Mrs. Bolron junior was then sworn and examined.

I heard her say there was a conspiracy carry­ing on about altering the Government, and establishing the Roman Catholick Religion.

Where heard you this?

In my Husbands house.

And what were her hopes in the Conspiracy?

My Lord, I cannot tell.

I ask Mr. Bolron when we had this discourse?

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.

Who was present?

My Grandmother.

Where was it, Old-woman, that you heard these words?

At Shippon, in the Hall porch, my Lord.

Had we any discourse of Sir Thomas?

None.

John Hutchinson was then Sworn.

Do you know any thing concerning Mrs. Pressicks.

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.

What say you to this? you have seen him?

I never saw him but twice there.

Where was she when she said this?

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. Bolron, when came she to your House?

She came to our house about Christmass, and stayed about six monthes there.

Six monthes in your House, then you are well enough acquainted with her?

Yes, my Lord.

Did you charge Mr. Thwing before the Justice?

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.

My Lord, this is malice to Sir Tho. Gascoynes Family to which I am related, it is out of revenge.

It was a Family quarrel them.

Yes, my Lord, this I can prove by several witnesses.

Call your witnesses then.

Nathaniel Wilson.

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.

Come, what is it you have to say?

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*Earn. addle in seven years, and he said unless he could shed theblood of some of them, he should get nothing.

When was this?

This was about next Michaelmas a twelvemonth.

This is quite other then you told yesterday. Wilson was a witness the day before for the Lady Tempest.

I had not time.

I desire to know whether Bolron named me to Mr. Lowther as a plotter.

Then Mr. Lowther was called.

I do not remember that Mr. Bolron named Mr. Thwing to me when he was before me.

When did he come to make the discovery to you; give an account of it.

I think it was the 24th. or 25th. 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.

Did he say he told you all he knew?

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?

It may be he thought it better to do it there.

He did not accuse me before Mr. Lowther.

Yes, my Lord, I did and a Warrant to take her.

She was taken the same day Sir Thomas Gas­coyne was taken.

We will be just between you.

Then the Prisoners called Obediah Moore.

Come tell your knowledg in this business.

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.

When was this?

This was about Candlemas was Twelvemonths.

He was then a Papist, but did not he tell you otherwise afterward?

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.

[Page 13] Then Stephen Thompson was called and examined.

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.

What mean you Friend by so and so.

It was about Sir Edmondbury Godfrey, and that the King was an Whoremaster, and such things.

Then Zachary Thorpe was called and Examined.

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.

What are you, God damn me comes very nimbly out of your mouth?

I live at the White Hart in Charter-house-lane, with the Gentleman of the House, I marryed his Daughter.

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.

Are not you a Papist?

No, My Lord, a Protestant of the Church of Eng­land.

Have you never been in Newgate, your Lane is full of such People, and your House suspect­ed.

No, my Lord.

Come have you done?

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.

This is a Fable, for Bolron bound Ship­ton over at the Sessions before the last Assizes.

Yes, my Lord, it was for scandalous words a­gainst his Majesty.

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.

How came he to speak to thee.

I know not why, but it was his discourse to me.

What acquaintance was there between you.

I have seen him several times in Yorkshire.

You live in Charter-House-lane, how came you together in Long-Acre.

I met him accidentally in the Street.

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.

[Page 15] Then William Hardwick was Examined.

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.

Who was sorry?

Mrs. Bolron.

What did Bolron himself say?

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.

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.

How doth it appear, what he swore there?

I acquainted Mr. Lowther, and Mr. Tindal with it.

Mary Walker was called.

Mary Walker, what do you say?

Robert Bolron came after Mr. Thwing was ta­ken Prisoner, to my Mistresse's.

Who is your Mistress?

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.

Where were you, you were not here Yesterday?

I was in the Court yesterday.

Where spoke he this?

At Mr. Lassel's.

My Lord, he was then searching for Preists at that House, and it is improbable that he should [Page 16] endeavour at that time to suborn Thwing's Sisters servant.

Is Mrs. Lassell's of kin to Mr. Thwing?

Yes, my Lord.

Who can beleive he would come to Thwing's Sisters-House, to suborn her servant to be a Witness against Mr. Thwing?

Yes my Lord, I have Witness of it, both a Man and a Woman.

Where are they?

In Town.

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.

Let us ask her a Question. Whether are you a Papist or No?

Yes, I am a Catholick.

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?

No Marry is he not.

Have you not heard him say Masse.

No, if I were to dye.

Indeed you are an excellent Wit­ness.

Mr. Legget One of the Kings Messengers produced as a Witness by the Prisoners, was next Examined.

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, 'twas true.

What was it he askt her?

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. [Page 17] Gascoyne was tryed, they said they never heard one swear a thing more plainly.

Legget, did not you desire Money yester­day of the Clerk of the Assizes as a Witness for the King?

Yes, my Lord.

Did you so? you are a fine Fellow.

Then one William Bacchus was Examined.

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.

Well they say nothing against them now, but what did she say against Mrs. Pressicks?

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.

My Lord, Robert Bolron did Swear revenge against my Lady Tempest for prosecuting a suit against him.

What is that to the matter in hand? do you know that he swore Revenge against Thwing and Pressicks?

No, my Lord.

(to the Prisoners) what have you more to say?

My Lord, he saith, I was at Barnbow-Hall, 1677. I have Witnesses to prove otherwise.

Call them then.

George Twisley Groom to Sir Thomas Gascoyne.

Mr. Thwing was never at our house above a night or two in the year.

Whose house is your's?

Sir Thomas Gascoyne's.

He was there but a night or two at a time.

No, and please your Lordship.

But was he there in 1677?

About a year or two since, I saw him there.

But how often in a 12 Months time?

Not above once or twice.

Did you never go out of your Ma­sters house in 1677?

I have, my Lord, but I was there both night and morning.

How do you know but he might be there in the time that you were not there?

And please your Lordship, this man was but the Groom.

I was the Groom, my Lord, and took the horses.

But were you never absent?

No, my Lord, and he was not there above once or twice in the Year.

Ask him what Company was then there?

No Company at all, my Lord, when he was there.

Was not he there about Easter?

No, not that I know of.

What time of the year was he there?

About Michaelmas, not Easter.

How came you to take such particular notice at what time men come, did you take an account of all the Gentlemen that came to Sir Thomas's house, how of­ten there, and when they came?

There were none that stayed any time when they came thither.

What time of the year was he there?

It was about a Month before Michaelmas.

You bring Witnesses to stretch things even to impossibilities.

He was drunk, my Lord, at Leeds the same Night the Consult was.

Will you speak Truth before Almighty God?

Yes.

Pray then are you a Papist?

No.

Were you never a Papist?

Yes.

Have you heard Masse, at Sir Tho. Gas­coyne's when you were a Papist?

No.

That's very strange, that you lived there and never heard Masse, and yet were a Papist.

Yes, I heard Mass in his house, but not by this man.

How long have you been turned Pro­testant?

About 2 years.

Thomas Areton did you ever see me at Barnbow-hall.

I have nothing for nor against him, I never saw him before in my life.

Mr. Mowbray hath declared he never knew any thing of the Plot.

To whom did he declare it?

There is Witness of it, my Lord.

Call them.

He Accused not me of the Plot.

He was no Protestant then.

I never knew any thing of the Plot till I came from London.

Well if you have any more Witnesses call them.

Mr. Cooper.

I have nothing to say in this business about this Gentleman, it is concerning Sir Thomas Gascoyne.

Yes he declared before these Witnesses he knew nothing of the Plot.

We were coming from Atherton Fair, and my Fa­ther began to discourse with Mr. Mowbray, and ask't him, if he knew any thing of the Plot, that Sir Thomas was called to London for, he said, he knew nothing of the Plot, and he thought Sir Thomas was guilty of no such thing, for if he had, he should have known it as soon as Bolron, and he was a Rogue and a Knave, for saying any such thing.

When was this?

It was about this time 12 month.

Were you upon the Road then?

Yes.

Had Mowbray then made any discovery of the Plot?

Yes, That was the reason we ask't him about it.

Yesterday (upon Lady Tempest's Tryal) you said, that Mowbray had not then made any dis­covery.

Yes, my Lord, I mean Bolron.

Really methinks you that are Preists should be more dexterous, my Lady Tempest managed her business much better, and had her Witnesses in more readi­ness.

My Lord, I call upon the Witnesses and they will not come in, I cannot help it.

Edward Cooper sen. was then called.

I know nothing; I met Mr. Mowbray com­ing from Atherton Fair, and he said he thought Sir Thomas was not guilty of the Plot.

Mr. Mowbray declared for 8 or 10 months toge­ther in 77 he knew nothing of the Plot; call Mr. Hobart.

I know nothing of it.

I am innocent, I know nothing as I hope for Sal­vation.

Then Isabell Heyward a Girle that lived with Bolron as a Servant, was called.

My Master and Mistress fell out about go­ing to London, and she said, she would not go, and he said he would make her go, and she said, if he did she would Swear that what he had sworn against Mrs. Pressicks, was out of malice.

Alice Dawson was next Examined.

The day after New-Years day was 12 month, Mrs. Bolron, said she was sorry for nothing, but that her Hus­band had meddled with Mrs. Pressicks.

Then Mrs. Pressicks called for John Pepper.

What do you say to him Mistress.

I ask about my going to Parlington at Whitsuntide.

No it was at Candlemas, and they said it was Cold Weather to sit in the Hall Porch.

It was also said at Whitsuntide.

About Whitsun-Munday (my Lord) I went to Barnbow, and I met there with Mr. Pressicks, and Mrs. Pres­sicks; and he desired me to tarry and carry his Wife to Mrs. Harrisons at Parlington, and she and I went down to Shippon, [Page 21] and I carried her from Bolron's on Whitsun-Munday and stay­ed till Thursday.

And what is all this to the purpose, she was however as it was sworn against her at Shippon at Whitsontide.

This is all I can say my Lord.

Zachary Thorpe was again called by Thwing.

Bolron said he was going to swear against my La­dy Tempest, and if one thing would not do another should, and would have had me to give Evidence against Shipton.

Mrs. Baynes (Mother to Mr. Bolron) called.

What do you say Mrs. Baynes?

Indeed (my Lord) I know nothing of this, I know not Thorpe, Shipton I know, and he told me that if he had not fallen into my Lord of Shrewbury's service, he and Thorpe would have turned Highway-Men.

Mr. Babington called by Pressicks.

Can you say any thing for Mrs. Pres­ssicks?

I can say no thing but what I said yesterday concerning Sir Thomas Gascoyne.

Can you say any thing for Pressicks?

No my Lord, I can say nothing for Mrs. Pres­ssicks, yes, thus much I must say that when I came to have the writings sealed by Bolron, his Wife refused to Seal them without delivering up of the bonds. I told her, it would be an additional security to Sir Thomas Gascoyne, he said he did beleive, that Mr. Pressick and his Wife were his Enemies, and that they did instigate Sir Thomas to sue him.

(To Thwing) Come what have you more to say?

I have no Witnesses to call, but I hope it will be considered what kind of Witnesses these are, what lives they have led, they bring me in amongst the rest, we are all of a Family; I hope (my Lord) you will consider that those ill men that will, may take away an honest mans life un­justly.

I hear no Body speak again their lives, [Page 22] and this I must tell you, till men be convicted of some crime that may disable them, you cannot take away their testi­mony.

My Lord, Witnesses should be men of Credit and Reputation.

The Jury is to consider of that.

Look you Gentlemen, these two Pri­soners stand Indicted of High Treason, and it is for conspi­ring the Death of the King, and other heinous Crimes; As Designing the Subverting the Government, and bringing in the Popish Religion.

Now the Witnesses that have been produced against Thwing, are Bolron and Mowbray; and against Pressicks, Mr. Bolron, Mrs. Bolron senior and junior, and one Hutchinson, and the Evidence against Thwing, is one thing, and against the Woman quite another; there is no Evidence against her but what they heard her say others were to do, there is no Evidence of any action of hers, or that she was present at any Consultation, nor acting any thing there, but that she said so and so. Now Mr. Bolron and his Grandmother do both say that she said, Pickering was to have killed the King, and that she was sorry that he did not do it. That the Gun with which he should have done it, was found, and she was afraid that was the cause of his Death, and they all say she said, that it would be never well with England, till the Catholicks had got the upper hand, and the Duke of York were King. Now I must tell you, that my opinion is, that a bare saying of this doth not amount to High Treason, un­less you do beleive from these words, that she knew other­wise then by hearsay, that Pickering was to have killed the King, and that she was Privy and Consenting to the design of Killing the King, then she is guilty of Treason, but if she only knew it by hearsay, the bare knowledge and con­cealing of it will make her guilty of Misprision of Treason; but knowing of it barely by Report doth not make her guilty of High Treason. My Brother will tell you his opi­nion herein. Now for Mr. Thwing, the Evidence against him is very home; for they both Swear against himone to one [Page 23] Meeting, and the other to another, that he was present at their Consulttaion to Kill the King, Subvert the Government, and to bring in the Popish Religion; that he did agree at the meeting to the Killing of the King, they do both Swear, and this they say was at Sir Thomas Gascoynes, and that at the several meetings there was a List produced, but Bolron saith, that the List when he was present was a List of those that were engaged towards the carrying on of the Nunnery; that which the other speaks of, was a List of those that were engaged about the killing the King, about the whole design which was to be effected by killing the King, this he Swears, that Thwing did produce this List; and Mowbray saith, that three or four Priests were present at that time, and that Thwing said, the King was an Heretick, and Excom­municated by the Pope, and it was not only lawful but me­ritorious to kill Him. So that admitting this Evidence be true, it is a full Evidence of High Treason against him; here is an imagining the Death of the King, and here is an overt Act, here is a setting hands to it; so that if this be true, Thwing is guilty of High Treason. Now against this, they have produced many Witnesses, and none of them doth go about to prove this impossible but only improbable, but one that is a Groom of Sir Thomas Gascoyne's, who saith, he was but once or twice that year there, and not at Easter but about Michaelmas, is that enough to answer the Testimony of these two Men, Gentlemen, for a Groom to take upon him, to say two years after who was at his Masters House, and how often, and what time of the year, is to me a very strange thing; unless it were one that was never used to to come there: But this man, he saith, did use to come there, but that I must leave to you. The Rest of the Wit­nesses were the same that were Examined yesterday. First They insist concerning Mr. Lowther, they say, that when Mr. Bolron first went to Mr. Lowther, he said nothing of Mr. Thwing, but it appears, he said then, that afterwards he might remember more, then the man was under a great Conster­nation, and told him, the great and dangerous consequences of having so long concealed it, was the occasion of that dis­order [Page 24] upon him, but he said, he should remember more af­terwards, and so he did; the rest of the Witnesses do all go this purpose, that either Bolron or Mowbray should tell them at one time or other, they did know nothing of the Plot, nor against Sir Thomas Gascoyne; and some of them say, that it is out of Malice to Sir Thomas's Family, for so Thwing would have it, he being his Nephew; that the Malice should reach to Mr. Thwing; that they would have it, and something to the same purpose they do offer against Mr. Mowbray. Now here is one Walker, that swears, that Bolron ask't her if she knew Thwing to be a Priest, and offered her 10 l. to swear him a Priest, she is a Servant of one Mrs. Lassel's, Mr. Thwing's Sister, he came to Mrs. Lassel's to search for Preists. It is something strange, that he should offer to perswade her to Swear against Thwing, who was Servant to his own Sister, and at the time when he came to search for Priests, the Truth of it is, the thing doth depend purely upon the Credit of Witnesses. The Kings Witnesses are upon their Oathes, but on the other hand the others are not on their Oaths, but Credit is to be given to what they say; if you consider their Evidence and do find a clearness in their Testi­mony, which you must weigh, for certainly he that so­lemnly in the presence of God will say a false thing, will al­so dare to Swear it, how far their Principles will carry them I know not, I can see nothing but Bolron and Mowbray are good Witnesses, I do not see but what they say, is coherent, and that they speak the Truth: And if you beleive what they say to be true, then Thwing is guilty of High Treason, but if do not beleive, what they say is true, but out of ma­lice you must acquit him. They do object the other Juries did not beleive Bolron and Mowbray, the case with the Priso­ners at the Bar is not the same with theirs, but you are to give your Verdict according to the Evidence that you have heard, and according to your Consciences.

Gentlemen of the Jury, I shall be very short; The Crimes that are laid in this Indictment, and charged upon these persons, are the designing to take away the Kings Life, Subverting the Government, and Introduing Popery; you observe the nature of the Evidence which hath been given against the Prisoners. And first, I shall speak but one word concerning Mary Pressicks; I do fully agree with what my Brother hath said; you do take notice, that the Evi­dence that hath been given against her, hath been what came out of her own mouth; the Witnesses 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 [Page 26] 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, 'tis 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. [Page 27] 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:

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?

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.

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.

All that I can say is to declare my innocen­cy, and that these men are of no credit and reputation. [Page 28] It is very hard I should be Guilty, and none of the rest that were Arraigned for the same Crimes.

No, it is not impossible; it is pos­sible you may be Guilty, and the rest Innocent.

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.

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 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 [Page 29] 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.

Innocens ego sum.

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 [Page 30] 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 [Page 31] 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.

And only two of the Jury returned, viz.

• Thomas Fletcher, Gen. &
• Robert Gudgeon, Gen.

were sworn.

Sir Miles I see you must stay till the next Assizes, for you challenge so many, here will not be a Jury gotten.

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.

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.

[Page 32] The three Juries called, and five challenged: viz.

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.

Sir Miles, you must stay till next Assizes, we have not a full Jury.

Here are Gentlemen in the Court, your Lordship may take whom you please.

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.