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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

Credit and Reputation Mr. Justice Dolben The Jury is to consider of that Mr. Justice Dolben 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 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 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 Mr. Baron Atkyns 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 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