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A63193 The tryal of Sr. Miles Stapleton Bar. for high treason in conspiring the death of the King, &c. at York assizes on the 18th day of July, 1681 before the Right Honourable Sir William Dolben knight, one of the Justices of the Court of Kings bench and William Gregory, Esq; one of the barons of the court of exchequer then judges of assize for the northern circuit : to which is added the tryal and condemnation of Mr. Thomas Thwing for high treason at the summer assizes before. Stapleton, Miles, Sir, 1628-1707, defendant.; Thwing, Thomas, d. 1680, defendant. 1681 (1681) Wing T2217; ESTC R1080 24,633 22

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THE TRYAL OF S r. Miles Stapleton Bar. FOR HIGH TREASON IN Conspiring the DEATH of THE KING c. AT YORK ASSIZES ON The 18 th day of July 1681. Before the Right Honourable Sir William Dolben Knight One of the Justices of the Court of Kings Bench and William Gregory Esq one of the Barons of the Court of Exchequer then Judges of Assize for the Northern Circuit To which is added the TRYAL and CONDEMNATION of Mr. THOMAS THWING for High Treason At the Summer Assizes before LONDON Printed for Richard Baldwin in the Old-Baily 1681. THE WHOLE PROCEEDINGS AGAINST S r. Miles Stapleton BARONET c. SIR Miles Stapleton Baronet was Indicted at a Sessions of Oyer and Terminer at the West-Riding of the County of York and the Indictment was removed by a Writ of Certiora●i to the Kings Bench where Sir Miles Stapleton having been Arraigned and pleaded to the same not guilty was sent down to be tried in the County of York The Indictment was as followeth Sir Miles Stapleton late of Carleton in the County of York Baronet stands Indicted for that he as a false Traytor against our 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 seduced the Cordial Love and true due and natural Obedience which true and faithful Subjects of our Lord the King should bear to him and of right are bound to bear wholy 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 Warr against our said Lord the King in this Realm and to subvert the Government of this Kingdom the 30 th day of May in the thirty first year of our said Lord the King's Raign at the Parish of Barwick in Elmett in the said County of York in the West-Riding of the same County with divers other false Traytors unknown did traiterously compass imagin and intend the death and final destruction of our said Lord the King and to change and alter and wholy to subvert the Antient Government of this Realm and to depose and wholy to deprive the King of the Crown and Government of the said Kingdom and to root out the true Protestant Religion and to fulfil 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 30 th of May in the thirty first year aforesaid with force and Arms at the Parish of Barwick aforesaid advisedly devillishly maliciously and traiterously did assemble unite and gather themselves together and then did devillishly advisedly maliciously craftily and traiterously 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 Introduce and Establish the Religion of the Roman Church in this Realm and the sooner to fulfil and accomplish the said most wicked Treasons and Traiterous Imaginations and purposes the said Sir Miles Stapleton and other unknown Traytors then and there advisedly maliciosly and traiterously did further consult and agree to contribute pay and expend divers large summs of mony to divers of the King s Subjects and other persons unknown to procure those persons traiterously 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 Clerk of Assize Hold up thy hand Sir Miles thou hast heard the Treasons and other misdemeanors whereof thou stand'st Indicted art thou guilty thereof or not guilty Sir Miles Not guilty Clerk of Assize How wilt thou be tried Sir Miles By God and my Country Clerk of Assize Culprit God send thee a good deliverance Clerk of Ass Sir Miles this understand you that these Gentlemen that are now to be sworn are returned by the Sheriff of this Counry to pass between our Soveraign Lord the King and you for your Life therefore if you will Challenge any of them you are to challenge them as they come to be sworn and before they be sworn The Jury being called Mr. Just 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. Ingleby's 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 Bar. Rob. Bell Gent. John Eastoft Esq John Dixon Gent. William Bethel Esq The. Wood Gent. William Caley Esq Rob. Turner Gent. Towers Driffeild Esq John Beckwith Gent. Marm. Trueman Esq Simon Warrener Gent. John Wright Esq Gervaise Hatfeild Gent. John Green Esq John Coats Gent. And only two of the Jury returned viz. Tho. Fletcher Rob. Gudgeon were sworn Mr. Just Dolb. 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. Just Dolb. That is you would chuse all of one way and leave the others where is the Indifferency of the Trial then but come call them I cannot deny it The three Juries called and five Challenged viz. Tho. Worsely Esq Roger Strettwel Gent. Samuel Tennant Gent. Roger Lee Esq Rob. Bushel Gent. And these sworn viz. Sir Tho. Pennyman Bar. Tho. Rokely Esq William Stone Thomas Conyers Christopher Tankerd Esq who was Excepted against by Sir Thomas Stringer as one that disparaged the Evidence of the Plot and called his Doggs by the names of Oats and Bedloe which the Judge allowed to be a good Exception but there being no witness in the Court to prove it he was sworn Mr. Just Dolb. Sir Miles you must stay till the next Assizes we have not a full Jury Sir Miles Here are Gentlemen in the Court your Lordship may take whom you please Mr. Just Dolb. I can not do it without the Kings Council 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 until the 18 th day of July 1681. And at the Assizes then holden for the County of York before Mr. Just Dolben
likely-hood there was for introducing the Romish Religion into England and he told me he would prefer me very well there if I would turn to their Religion and gave me Letters to several Friends in Italy At last I was perverted to the Romish Religion by vertue of this Cardinal and this Gentleman at last askt me if I had a mind to study I told him yes so I came into an Italian Colledge and became acquainted with all the Secular Priests both English Scotch and French who told me what interest they had made in England during the coming in of Cardinal Norfolk and said there was but one man in the way meaning the King and said they should soon remove him Mr. Just Dolb. Did they mean the King Mr. Smith Yes my Lord they said there was but one man in the way and that they would soon make an end of him and that they had men ready in England for it After this my Lord I left this Italian Colledge and came to the English Colledge for I had a mind to come there and I made friends with the Jesuits After I came to the English Colledge my Lord I was enform'd of one Father Anderton Rector of that Colledge and Father Mondford who told me that by means of this Cardinal Norfolk they did not doubt but to take the King out of the way and that they would give me all priviledges that could be for a young man in that time When I was coming away my Lord from Rome and had my Letters Emissaries by Cardinal Perori● He sent for me when I was coming away as is usually done to all Scholars and they Kiss the Popes toe and he gives them his blessing and particular Indulgence which I had when I came into England said he to me there is one man in the way who hath made us fair promises but will performe nothing therefore we must take him out of the way and that I might be Instrumental in the design with this my Lord I took my leave of the Colledge and we came five into England as Priests and I made my application to the Arch-Priest which was in London one Purrat and I was employ'd a long time by him in England but Proclamations coming forth for the apprehending Popish Priests I was constantly after at the Portugal Embassadors Chappel where this Purrat had a Chamber wherein I discourst with several of the Clergy in England who said they doubted not but Popery would soon be settled in England I came after that to live at one Mr. Jennisons House where the Clergy had several meetings and we were all of opinion that course would be taken with the King unless he brought in Popery And this my Lords is all I can say in General Mr. Just Dolb. Do you know of any Conspiracy in Yorkshire Mr. Smith My Lord I am coming to that When I came to Mr. Jennisons House there was one Mr. Thwing a Priest who has suffer'd as a Conspirator he was very well acquainted in the House before I came there and did very much to perswade me that I would intreat Mr. Jennison to send his Daughters to a place called Dolbanck where a Nunnery was to be erected and I knew several that were there This Mr. Thwing came to me oftentimes and several other Priests in this City and they all prest me to it but I was against it knowing what their design was Mr. Just Dolb. But do you know any thing against the Prisoner Mr. Smith All that I can say to the Gentleman at the Barr is this I never saw him before to my knowledge But Mr. Thwing when we were at Mr. Jennisons and discoursing of the Plot askt me how they gave Mony in Bishopprick I told him some gave more some less Mr. Just Dolb. What were those Collections for Mr. Smith My Lord it went among our selves under the notion of Killing the King and rooting out the Protestant Religion but we gave it out that it was for repairing a Colledge at Doway which if granted had been penal by Law Then I askt him how doth the Collections go among you in Yorkshire some saith he give freely but saith he my Uncle and his friends are engaged another way for saith he they are going to make a Founder for Dolbank Several persons he named among which he nam'd this Gentleman Mr. Just Dolb. What said he of Sir Miles Mr. Smith He said Sir Miles was very zealous for promoting the Roman Catholick Religion and had Contributed Largly for the introduceing of it into England Bar. Gregory You say that amongst your selves you gave it out out that the mony that was rais'd was for the Killing of the King and rooting out the Protestant Religion pray by what way and means was it to be done was that ever discours'd among any of you was it for raising of an Army or what was it for Mr. Smith Where ever I was my Lord it was resolv'd that that was the most efectual means for the introduceing of Popery Mr. Robert Bolron call'd and Sworn Sir Tho. Stringer Mr. Bolron acquaint my Lords and the Jury what you know of Sir Miles Stapleton Mr. Bolr. May it please your Lordships I came to live with Sir Thomas Gascoyne in 1674. as Steward of his Cole-works and was then a Protestant but was perswaded by Mr. Rushton Sir Thomas and others to turn Roman Catholick when I had turn'd Roman Catholick about 1676 they came and askt me what I would do for the Romish Religion if it should come to it I told them I would adventure my life in that cause and then I went to Barmbow-Hall where I took the Oath of Secrecy after that I went to Barmbow-Hall where Sir Miles Stapleton was at a consult in 1677. Mr. Just Dolb. At what time in 77 Mr. Bolr. It was about Whitsontide my Lord. Mr. Just Dolb. That was the Whitsontide after you had taken the Oath of Secrecy Mr. Bol. Yes my Lord. Mr. Just Dolb. Who was there Mr. Bol. Sir Miles Stapleton Sir Tho. Gascoyn Mr. Gascoyn his Son my Lady Tempest Lawyer Ingoldby Mr. Thwing Father Rushton and several others Baron Gregory What was there done at that Consult Mr. Bol. My Lord the Consult was about killing the King and Establishing a Nunnery at Dolbank near Ripley Sir Tho. Gascoyn gave 90. l. per Annum and 300. l. for killing rhe King and I remember very well Pickering was mentioned about killing the King and they askt Sir Miles Stapleton what he would give and he said 200. l. for killing the King Mr. Just Dolb. Are you sure that in the presence of Sir Miles Stapleton it was resolved the King should be killed Mr. Bol. Yes my Lord it was resolved both by him and all others that the King should be killed and my Lord I heard them further say if the Duke of York did not please that they would serve him as they would serve his Brother Baron Greg. Who said these latter words Mr.