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adds, ' We were in such extraordinary haste, was not in bis chamber, if you believe him ; 'because we thought we were pursued about nor indeed is there any account given of the • the business of Arnold.' And that he gives prisoner from nine o'clock till near one, till be as the reason why he did not stay at Glouces- knocked at his door, as he was pulling off bis ter. If in case it had not been so, why should breeches and going to bed. As to the answers, he come and tell him he could not stay about that are given by the witnesses of the other the business of the hair, because he was like to side, I shall give you ihem when I descend to be pursued about the business of Arnold? The give the testimonies of the other side. next thing, gentlemen, is conceroing one To give you yet this further testimony, say Powel; Powel

, he tells you, that he being at they, We do not only give you this testimony one Darcy's house, a Roman Catholic, that is that he is guilty of this fact, but we do give you a sword cutler, that lives, I think, likewise at an account of him, that he is very likely to do Uske: And it seems the prisoner at the bar such a thing; for he is an ill man in himsell

. came to him to have his sword mended. By As on the other side, no man can give a better the way, I should bave told you that the priso- | testimony to himself in matters that are dark ner at the bar, before the fact was done, did en- and obscure, than the testimony of his converquire at a place where he might bave a good sation, that he is upright in his conversation, rapier: that ivas before the fact was done. The and therefore cannot be thought guilty of so witness spake of it last, which was the occasion base an action : So they think they give a good that I did not give it you in order. He asked evidence against him, and that he is an ill man where he might bave a good rapier?

in himself; and therefore because he is an ill But now to come to Darcy : Darcy having man, he may be guilty of such a thing. been very fatniliar with hin, enquired, where And to prove that, they call up these witfore, having had his sword so lately, he should hare it to inend already? Have you,' said he, First of all, one Bridges comes and gives you 'been fighting with the devil!' Immediately an account, thai discoursing with him concernupon that he swears the prisoner returned, ing the papists, he damned the Plot, and said • No, but with damned Arnold. And upon that all were rascals that were not papists; and that his wife plucked him by the coat, and bid if in case that the lords that were in the Tower him hold bis congue. I think that is the sub- should happen to suffer, it would be a bloody stance of wliat he swcars. He says there were day, and it would make a bloodier work in by at that time the prisoner at the bar, the ap- England than ever was known : Which shews prentice to this Darcy, and a woman that is the he is a bloody ill man. The prisoner asked prisoner's wife.

him, If he were not a papist? It is likely he William Richmond, he comes and gives you was a papist before, or he would not have trasta further account, that he being in his com- ed him so. And ibis is one circumstance to pany, he tells you, they went to some place in prove that be is an ill inan, that he hath given ihe city to enquire after their friends, and af. out such and such expressions. terwards went to the Artillery to see the exer- There is another, one Reynolds, who comes cise, then to Long-lane, from thence to Whet- and gives you an account of his having some stoue's.park, and afterwards to Drury-lane ; discourse with bim afterwards about this busiand that about nine o'clock at night they came ness of Mr. Arnold, that the prisoner talked to their inn, and he left Giles taking a pipe of slightly of it, and said that he might do it bimtobacco in the kitchen, and went up into his self. chamber with some other people, drinking and This, gentlemen, I take in general to be the making merry; and he does positively say, substance of n hat has been offered for the king. that berwecn eleven and twelve o'clock at If there be any thing else that does not occur night, he saw the servant maid come up into to ny memory, if it doth to yours, you will do the room, and did see she was making the well to consider of it. bed; that he seemed to be a little surprised Say the counsel for the defendant, and that that any body should make a bed at that time every man of the Long Robe ought to say, that of night, which occasioned him to go in to her, if the person, which is the prisoner at the bar, and ask her the question. The answer that he were guilty of such a barbarous thing as this

, no had was very material, that she said, .There is man would ofter to open his mouth. And ' a gentleman below that I inust make this bed therefore they offer evidence for their client as • for, he does not desire to have any body lie they are instructed to offer to you, and you are ( with him.' That was the answer the maid to try whether their client be guilty. gave. There was, he says, some little talk of Say they, You first call one Pbilips to gire love between him and the inaid, and that he an account ; and as to what Philips says about positively says was pear upon twelve o'clock the business in Covent-Garden, about damn He says that after this, he went into his own him, and rot him, they bring one that was there chamber, and continued in his own chamber till all the time, and says he, I was by all the titne

, pigh one'; and about one being pulling off his and I heard no such words. So far was be breeches, the prisoner at the bar came and from making any particular reflections upona knocked at his chainber-door, and spake to Mr. Arnold, that he cried it was a very horrible

, him, and that was near one o'clock at night. a very barbarous thing. Nay, says he, to give But it is plain, during that time, the prisoner credit to this testimony of his, I never use lo keep company with them that use such words, , ever he was there at all; but you hear he has as damn him, and rot him, as he says.

refreshed her memory with a love story, that he The next witness is Mr. Herbert Junes ; he was in the room, and she does agree in these comes and tells you, I went with himn from Lon- very circumstances le speaks of; so that that don, I went with bim to Gloucester, I staid at give credit to the testimony of Richmond, and an inn called the Old-Bear, and staid and dined puts a disparagement upon her testimony, since with him there. I went after that to the New she could be so exceeding forgetful, as not to Bear, we went thither and drank cyder toge- remember such a circumstance. ther; and this was very public : For several The next is an old woman: And sbe swears persons that lived in the town, came to us and point blank she was with him most part of the enquired after the business of Arnold; and if day; and that she was with him at dinner, and in case we had been under any such jealousy as was with him till nine of the clock at night, and that was, we would not have staid so long, as, then went to bed. And though she seemed to says he, we did. Say they on the other side, differ and blunder in some part of her testiWe do not say that you did not stay in Glouces- mony, because she knew nothing of his going ter; but, say they, by way of objection against into Long-Lane, and other places; however, the prisoner at the bar, we say that you yourself, she gives an account about the time of nipe on the 5th of May, said, in answer to the per- o'clock, that she left him in the kitchen, and son that came to ask you, Why you bad not then she went to bed. brought the hair, that lie might go a fishing? The next witness is James: And James doth You said, We durst not stay for fear of pursuit positively. swear, that he was drinking with him upon the account of Mr. Arnold. This you in the kitchen till past lwelve o'clock at night ; yourself said, and by saying so, you have con- but that cannot be true, if the wench that made tracted that guilt in point of circumstance, the bed swear true; for she swears she made which is objected by us against you. This is the bed before ten, and he went to bed before the answer given to that that Mr. Jones says. eleven ; so that he could not be abed before

The next person that comes to give you an eleven, if he swears true; and he could not be account is one John Jones, who is the appren- in the kitchen at twelve o'clock, if she swears tice : Says be, you bring a witness against me true. tbat I said such a thing at Uske, at Darcy's the Gentlemen, Richmond's man he gives you sword-cutler's, and you say the apprentice was no farther an account 'than what ruus square by: And he gives you this evidence: Says he, to his master's testimony; that he left him at l'was by at such a time as the man speaks of, nine o'clock at night, and he heard him call at and being by at that time, I do very well re- his master's chamber about twelve, and so they member, that there was a discourse concerning punctally agree. But he gives no manner of soine great conflict that Mr. Giles had been in, account where he was between nine and twelve, and that Giles's wife was by, and so was the between which bonrs this fact was done. other person that gave the evidence, that such Next, gentlemen, there have been some more a discourse there was of fighting with the devil; witnesses called for the prisoner at the bar, who but now he inverts the saying of the other man, gave you an account where he was before such and says that he should say, He never met with time as he came to his lodging. Now it is not Arnold the devil. The one answers, when the denied on either side, but that he might be till thing was asked him, Whether be had been within night at that house they speak of; but fighting with the devil? No, not with the devil, the account that is desired to be given of this but with Arnold; the other swears, He did not matter, is to know where he was between nine meet with the devil Arnold. He tells you like o'clock and twelve, when this fact was comwise, bis wife did not pull him by the clothes, mitted. and bid him hold his tongue.

These gentlemen, according as it occurs to me The next witness is Powel; and he gives you are the substantial parts of evidence, both on an account that he came with him to town: He the one side and the other. The matter theregives you an account how he staid with him, fore resolves it within this parrow compass : If and came along with him till 9 o'clock at night; upon what you have beard from Mr. Arnold, for he does not pretend to give you an account

attended with the rest of the circumstances that after nine.

you have heard sworn by the witnesses, you do Then comes Crook : And Crook, that is the believe the prisoner at the bar is guilty; for he maid servant, she says, I cannot positively tell Imight be at his lodging at nine o'clock, and he you when he came in, but will positively say, might be at his lodging at twelve or one, and that I made his bed about 10, and before 11 I he might do this fact. For it is certain it was asked him about his candle; he bid me lock not a sudden matter, for it was a thing done the door, and he would put out the candle him- preparedly; and therefore you must not exself, and she went away and left the candle. pect tbat men that are guilty of such barbarous And that is very material; for the time this designs as this, will lay their designs open. To fact was commitied was between 10 and 11; be sure, whoever it was did this fact upon this is what the maid says: Now there is this Mr. Arnold, they would do it so as to make answer to what she swears. She first of all for themselves appear as innocent as could be. got that ever Richmond, that speaks concern. It is not a matter to be relied on, that be. ing the breeches and other circumstances, that cause this man was innocent in St. Martin's lạne, therefore he did not do this thing in Bell. , therefore the court takes some consideration : yard.

Not that they think to extend any mercy to you. There is another circumstance against the for your own sake, but a regard they think they prisoner at the bar; that he should imagine, are bound to have for those that have not of notwithstanding all this

, that Mr. Arvold had fended. But we ought to have care to let the Wounded hiinself. But when he found that that world know, we do not intend only a punishwas not very probable, that a nion could wound ment to the offender, but by that io terrify ali himself so, by' reason of several places that he other people from being guilty of such extraorreceived his wounds in ; he would have it, that dinary villainies. And because they will have though he did not do it himself, yet some of regard to your posterity, therefore they do not his frievds might. Indeed if he be guilty, some think fit to put so great a fine upon you as this of his relacions miglat do it, but certainly he fact does deserve. But on the other side, they was no friend that did it. It is against nature bave thought fit you should be made an example for any man to believe that any person should of and that you should suffer as great a corporal put himself to so much trouble; if he had a punishment as the law will allow. And theremind to dispatch himself, he might have done fore in the name of the court I do pronounce it with much more ease, and not have put himn this to be your sentence : That you be put in self to that trouble ; for men, when they have a the pillory towards Lincoln's Inn-fields, as mind to do the business, they do not use to • near the place where tbis barbarous fact was take such a deal of pains to stab themselves committed as may be : Aod there you are to Lere and there.

"stand from the hour of twelve till one, one day, Thus, gentlemen, the evidence being very . at noon day. And on another day, from the long, and the circumstances very mavy, things • hour of twelve to one, over-against Grays-Ino may occur to you that do not at present to me. in Holborn. And another day, between the Yet I must tell you again, in a matter of pub- same hours just by the May-pole in the Strand. lic example, the proof ought to be very great, • These three several days you are to stand in 10 convict a man of such an offence; but you the pillory, and to have a paper put upon your must not expect it should be so clear, as in a “ hat whereby it shall be signified the offence matter of right between man and man, and of of which you stand convicted. And next, to things that are done in the face of the sun. It deter all others from committing the like, the was done in the dark : The devil that set them court does think fit likewise to award, that a-work, does fill them with cunning enough to you should pay to the king the sum of 500l. keep this attempt as concealed as may be: and that you be committed in execution, till And therefore circuinstances of this nature such time as you pay that money. And bemust be wonderfully considered; an account of cause it is both to be a punishment to you,and which Mr. Arnold himself gives you, and he 'a terror to all other such villains, you are to does believe in his conscience the prisoner at • find sureties for your good behaviour during she bar to be the man.

life.' The Jury withdrew, and having debated to- Sentence being pronounced, and the prisoner gether about half an hour, returned, and brought removed from the bar, Richard Carenaugh was the prisoner in Guilty.

brought to the bar, and prayed to be dischar Which done the court adjourned till the Sa- ged; But was by Mr. Arnold charged with turday following, the 17th of July.

threatning one Philip Staneright, one of the At which time the court being sat, John king's witnesses: For which reason, and for Giles was brought to the bar; to whom the that also a new evidence was come in against right worshipful sir George Jefferies delivered the said Cavenaugh, with some farther charge himself to this effect.

relating to Mr. Arnold's business, the court Recorder. You the prisoner at the bar, you thought fit, for want of bail, to continue bim a bave been indicted for a very vile offence ; an

prisoner. offence in its nature that deserves a greater pu

Then Mr. Herbert appeared, and prayed to nishment than the law can inflict upon any be discharged from his recognizance to appear such offences. There is a jury has convicted at the Old-Bailey : But being accused by a wo. you of this crime, against whom, had you had man for calling her Whore, Jade, and very ill any objection, you might have made your chal- names, and hulding up his staff at her, and threatleoge. And now you stand convicied here, it eoing to beat her for being a witness against is only the duty of the court to pronounce that his friend Giles; as also for taking away her judgment against you, which they think may horse as she was going to the mill; and the be reasonable to inflict upon such an offender. reason was, because she was to be a witness in For 1 inust needs say, it was one of the basest London against Giles. But she being a marand most barbarous actions that mankind could ried woman and none appearing that would be possibly be guilty of: an action of so much filth bound to prosecute him for it, he was not and baseness, that the law could not foresee any bound over to answer it, till another complaint inan could be guilty of, and therefore hath not came in against him, which was immediately made provision for a punishment proportion- | made by Mr. Ballard, and another gentleman ; able to it. But inasmuch as we understand by who charged Mr. Herbert, that in Whitsun Mr. Arnold you have a charge of children, weck last upon a discourse for chusing knights of the shire for Monmouth, and the saying of ing besought his majesty, when Mr. Herbert was one in the company, that it was thought Mr. in Newgate to have his release. Mr. Arnold Arnold would stand for it; Mr. Herbert should replied, that Mr. Herbert had been more unmake answer, I will circumcise the other side grateful to his majesty, who had graciously parof his cheek first; or, he must have the other doned him greater offences, and lately; for he side of his cheek circumcised first. Upon which had spoken worse of his majesty's person and the court ordered he should not be discharged, government, than he had done of hin, as it had but remain bound upon the former recogni- been proved hefore his majesty, and of which zance to appear there next sessions. And the he believed bis majesty was well satisfied. The Recorder gave biin several sharp reprehensions Court told Mr. Herbert, he was a shame to all for bis malicious and unmanly words and pro- Englishmen; and bound him by recognizance ceedings: this being the second of the king's to appear and answer this offence at the King's witnesses, and a woman that he had barba- Bench bar the first day of the vext term.* rously treated; still passionately giving the reason that they were witnesses against bis * In obedience to an Order sbewed to me, friend John Giles, as it was proved on oath be made by the right honourable the Lords spifore the court by several witnesses.

ritual and temporal in parliament assembled, Then sir Thomas Allen acquainted the court I have perused these papers ; and according that a gentleman had informed hin the day be- ' to the best of my remembrance, upon this disfore, that Mr. Herbert told him, that Mr. Ar- tance of time, they do contain the substance nold wounded himself and cut his own throat ; of what passed at the Trial of Giles. which the court looked upon as an high effect of a malicious ingratitude ; Mr. Arnold hav

• Geo. JEFFREYS.'

269. The Trial of THOMAS THwing and Mary PRESSICKS, at York

Assizes, for High Treason :* 32 Charles II. A.D. 1680. Clerk of Assize. THOMAS Thwing, late of alter, and utterly subvert, and his said majesty Heworth, in the county of York, clerk, and of the crown and rule of this kingdom to de Mary Pressicks, wife of Thomas Pressicks, pose and wholly to deprive, and the true Prolate of the parish of Barwick in Elmett, gent. testant religion to extirpate: And to effect stand indicted; for that they, as false traitors and accomplish their said wicked treasons, against the most illustrious and most excellent and traiterous imaginations and purposes afore prince, king Charles the second, that now is, said, the said Thomas Thwing and Mary Pres. ibeir natural lord; God before their eyes not sicks, and other false traitors to the jurors unbaving, nor their due allegiance weighing, but known, the said soth day of May, in the 31st by the instigation of the devil being seduced year abovesaid, with force and arms at the paand moved, the cordial love, and true and na- rish of Barwick in Elmett aforesaid, advisedly, tural obedience, which true and faithful sub-devilishly, maliciously, and traiterously did jects of our said sovereign lord the king to- assemble and gather themselves together, wards his said majesty ought to bear, altogether and then and there did devilishly, adviwithdrawing; and imagining, and with all their sedly, maliciously, subtilly, and traiterously strengths, intending the peace and common consult and agree, and every of them did thea tranquillity of this kingdom of England to dis- and there traiterously consult and agree to turb, and bis said majesty that now is to death bring to death and final destruction our said and final destruction to bring and put, and the sovereign lord the king, and to depose and detrue worship of God in this kingdom of Eng- prive him of his crown and rule aforesaid, and land established and used, to alter to the ihe religion of the church of Rome into this superstition of the church of Rome, and war kingdom to introduce and establish: and the against his said majesty in this kingdom of sooner to fulfill and effect the said wicked England to move and raise, and the govern- treasons and traiterous imaginations and purment of this kingdom of England to subvert; poses aforesaid, the said Thomas Thwing and the 30th day of May, in the 31st year of his Mary Pressicks, and other false traitors to the majesty's reign that now is, at the parish of jurors unknown, did then and there pay and Barwick in Elmett aforesaid, in the county expend, and every of them did then and there aforesaid, with divers other false traitors to the pay and expend divers soms of money of divers jurors unknown, did traiterously compass, ima- other traitors to the jurors unknown, to carry gine and intend, and every of thein did com- on the treasons aforesaid ; and then and there pass, imagine and intend the death and final the said Thomas Thwing and Mary Pressicks destruction of his said majesty, and the ancient did subscribe, and either of them did subgovernment of this realm of England to change, scribe a certain note in writing for the payment

of divers sums of money for making a contriSee the Trial of sir Thomas Gascoigne, bution for completing their traiterous purposes ante, p. 059.

aforesaid, against the duty of their allegiance,

S

and against the king's peace, his crown and names of Thomas Thwing, &c. and Mary Prese dignity, and also against the statute in that sicks, &c. Prout in the indictment. Upon case made and provided.

this indictment they have been arraigned, and · To this indictment baving pleaded Not thereunto pleaded Not Guilty; and for their Guilty, and put themselves upon their country trial have put themselves upon the country, for trial,

which country you are, &c. Upon the 29th of July, sir Thomas Da. Then Proclamation was made for evidence, niel, high sheriff of the county, having returned and the indictment being opened, and the many gentlemen for jurors; the Trial proceed- treasons therein aggravated by the king's ed thus : After the Jury called, Thomas Thwing council; Mr. Baron Atkyns came into the and Mary Pressicks being brought to the court to assist in the Trial. bar,

The Witnesses were called; Robert Bolron - Clerk of Assize. Thomas Thwing, hold up was first sworn. thy hand. Mary Pressıcks, hold up thy hand. Bolron. My lord, in 1674, I came to live Wbich being done,

with sir Thomas Gascoigne, and was steward Cl. of Assize. This understand ye, that these of his coal pits; and in 1675 I turned papist ; gentlemen that are now to be sworn, are re. and about January, 1676, Mr. Tuwing, Father turned by the sheriff of this county, to pass be- Rushton, and several others came to my house (ween our sovereign lord the king and you for at Shippon, and did there examine me how I your lives : therefore if you will challenge any stood affected to the Roman Catholic religion, of them, you are to challenge them as they and whether I was resolved to venture my come to be sworn, and before they be sworn. life and estate in it, if there were any occasion;

Cl. of Assize. Sir David Fowles, bart. to which I agreed, and was resolved to obey my Thwing. I challenge bim.

ghostly father in all things. And so as they were called challenged these

Mr. Justice Dolben taking notice of a gentle 25 gentlemen following, viz. John Eastoft, William Bethell, Townes Drifeild, Will. Os that gentleman We are all beset; he was one

man near the prisoners, demanded, What is baldeston, esquires ; Marm. Trueman, Robert of the jury yesterday.—He being remored, Bell, Thomas Fletcher, Thomas Wood, Thomas

Bolron proceeded. Faireside, Roger Fretwell, Simon Warrener, Edward Carvil, John Coates, Hugh Savil, Bolron. Father Rushton my confessor gare Nivian Collins, Thomas Green, Natb. Elliot me the Oath of Secrecy;* and in 1677, sir T. son, Nathan. Harrison, John Tomlinson, Gascoigne, sir Miles Stapleton, Mr. Tuwing Thomas Riccaby, John Ullithorne, Thomas the prisoner, and several other persons, niet at Hincks, Willian Mastin, George Ellis, Thomas Barnbow-ball, sir T. Gascoigne's house; and Whaley, Gentlemen.

there they agreed, That in hopes the plot of In the calling of the Jury, after several chal killing the king would take effect, they would lenges made and some of the Jury sworn, erect a nunnery at Dolebank; but the real in. Thwing spoke thus :

tention was to have it at Heworth, within a · Thwing: My lord, I shall willingly stand to mile of York, after the king was killed; and to the other jury.

avoid suspicion, my lady Tenipest told them she Just. Dolben. What jury?

would let them have Broughton for the present Thwing, My lady Tempest's jury.*

It was there agreed, that the king should be Just. Dolben. Oh, your servant; you either killed:t And Mr. Thwing said, that if they are very foolish, or take me to be so.

missed this opportunity, they should never have The Jury being sworn.

the like again, and the effecting of it would be

very beneficial to the church of Rome. Cl.of Assise. Cryer, count these. Sir George Mr. Baron Atkyns. Repeat it in the same Cook, bart. Tbo. Worsley, Win. Caley, Roger words. Lee, Joby Dixon, George Wray, Hen. Pinck- Bolron. He said, if we miss this opportunity ney, John Blackstone, Will. Hardcastle, Ni- of killing the king, we shall never have the like cholas Stone, Geo. Westorby, Charles Tucker, again; and Mr. Thiwing was to be the confessor Gentlemen.

of the nunnery for the present. Cryer. Twelve good men and true, stand Baron Atkyns. Where were these wordi together and hear your evidence.

spoken? Cl. of Assize. Thomas Towing, hold up thy Bolror. In the old dining-room. hand, (which he did) Mary Pressicks, hold up Justice Dolben. Who were present? thy band, (which she did). Gentlemen, you Bolron. Sir Miles Stapleton, sir T. Gascoigne, of the jury that are sworn, look upon the prisoners, and hearken to their charge: You shall See the Trial of sir Thomas Gascoigne, understand that they stand indicted by the ante, p. 969.

+ Note, That upon sir T. Gascoigne's Trial * This lady Tempest was probably the daugh- it appeared in his Almanack, that he had made ter of sir Thomas Gascoigne. See his Case, this Memorial there with his own band (viz.) ante, p.959. No report of her Trial has been “ The 15th of April 1676, memorand. acquaint found.

Mr. T. Tuwing with the whole design."

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