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A55936 The proceedings at the assizes holden at York, the 24th day of July, 1680, before ... Sir William Dolben ... and Sir Edward Atkyns ... 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 ... , and of the tryal, condemnation and execution of Thomas Thwing for the same plot. Thwing, Thomas, d. 1680.; England and Wales. Assizes (York) 1681 (1681) Wing P3557; ESTC R24478 22,623 36

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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
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