6 adds, We were in such extraordinary haste, 'because we thought we were pursued about the business of Arnold.' And that he gives as the reason why he did not stay at Gloucester. If in case it had not been so, why should he come and tell him he could not stay about the business of the hair, because he was like to be pursued about the business of Arnold? The next thing, gentlemen, is concerning one Powel; Powel, he tells you, that he being at one Darcy's house, a Roman Catholic, that is a sword cutler, that lives, I think, likewise at Uske And it seems the prisoner at the bar came to him to have his sword mended. By the way, I should have told you that the prisoner at the bar, before the fact was done, did enquire at a place where he might have a good rapier: that was before the fact was done. The witness spake of it last, which was the occasion that I did not give it you in order. He asked where he might have a good rapier? : But now to come to Darcy: Darcy having been very familiar with him, enquired, wherefore, having had his sword so lately, he should have it to end already? Have you,' said he, 'been fighting with the devil? Immediately upon that he swears the prisoner returned, No, but with damned Arnold.' And upon that his wife plucked him by the coat, and bid him hold his tongue. I think that is the substance of what he swears. He says there were by at that time the prisoner at the bar, the apprentice to this Darcy, and a woman that is the prisoner's wife. William Richmond, he comes and gives you a further account, that he being in his company, he tells you, they went to some place in the city to enquire after their friends, and afterwards went to the Artillery to see the exercise, then to Long-lane, from thence to Whetstouc's park, and afterwards to Drury-lane; and that about nine o'clock at night they came to their inn, and he left Giles taking a pipe of tobacco in the kitchen, and went up into his chamber with some other people, drinking and making merry; and he does positively say, that between eleven and twelve o'clock at night, he saw the servant maid come up into the room, and did see she was making the bed; that he seemed to be a little surprised that any body should make a bed at that time of night, which occasioned him to go in to her, and ask her the question. The answer that he had was very material, that she said, 'There is a gentleman below that I must make this bed for, he does not desire to have any body lie 'with him.' That was the answer the maid gave. There was, he says, some little talk of love between him and the inaid, and that he positively says was near upon twelve o'clock, He says that after this, he went into his own chamber, and continued in his own chamber till nigh one; and about one being pulling off his breeches, the prisoner at the bar came and knocked at his chamber-door, and spake to him, and that was near one o'clock at night. But it is plain, during that time, the prisoner was not in his chamber, if you believe him; nor indeed is there any account given of the prisoner from nine o'clock till near one, till he knocked at his door, as he was pulling off his breeches and going to bed. As to the answers. that are given by the witnesses of the other side, I shall give you them when I descend to give the testimonies of the other side. To give you yet this further testimony, say they, We do not only give you this testimony that he is guilty of this fact, but we do give you an account of him, that he is very likely to do such a thing; for he is an ill man in himself. As on the other side, no man can give a better testimony to himself in matters that are dark and obscure, than the testimony of his conver sation, that he is upright in his conversation, and therefore cannot be thought guilty of so base an action: So they think they give a good evidence against him, and that he is an ill man in himself; and therefore because he is an ill man, he may be guilty of such a thing. And to prove that, they call up these wit nesses. First of all, one Bridges comes and gives you an account, that discoursing with him concerning the papists, he damned the Plot, and said that all were rascals that were not papists; and if in case that the lords that were in the Tower should happen to suffer, it would be a bloody day, and it would make a bloodier work in England than ever was known: Which shews he is a bloody ill man. The prisoner asked him, If he were not a papist? It is likely he was a papist before, or he would not have trusted him so. And this is one circumstance to prove that he is an ill man, that he hath given out such and such expressions. There is another, one Reynolds, who comes and gives you an account of his having some discourse with him afterwards about this bus ness of Mr. Arnold, that the prisoner talked slightly of it, and said that he might do it himself. This, gentlemen, I take in general to be the substance of what has been offered for the king. If there be any thing else that does not occur to my memory, if it doth to yours, you will do well to consider of it. that Say the counsel for the defendant, and that every man of the Long Robe ought to say, if the person, which is the prisoner at the bar, were guilty of such a barbarous thing as this, no man would offer to open his mouth. Aud therefore they offer evidence for their client as they are instructed to offer to you, and you are to try whether their client be guilty. Say they, You first call one Philips to give an account; and as to what Philips says about the business in Covent-Garden, about damn him, and rot him, they bring one that was there all the time, and says he, I was by all the time, and I heard no such words. So far was he from making any particular reflections upon Mr. Arnold, that he cried it was a very horrible, a very barbarous thing. Nay, says he, to give credit to this testimony of his, I never use to keep company with them that use such words, as damn him, and rot him, as he says. ever he was there at all; but you hear he has refreshed her memory with a love story, that he was in the room, and she does agree in these very circumstances he speaks of; so that that gives credit to the testimony of Richmond, and puts a disparagement upon her testimony, since she could be so exceeding forgetful, as not to remember such a circumstance. The next is an old woman: And she swears point blank she was with him most part of the day; and that she was with him at dinner, and was with him till nine of the clock at night, and then went to bed. And though she seemed to differ and blunder in some part of her testi into Long-Lane, and other places; however, she gives an account about the time of nine o'clock, that she left him in the kitchen, and then she went to bed. The next witness is James: And James doth positively swear, that he was drinking with him in the kitchen till past twelve o'clock at night; but that cannot be true, if the wench that made the bed swear true; for she swears she made the bed before ten, and he went to bed before eleven; so that he could not be abed before eleven, if he swears true; and he could not be in the kitchen at twelve o'clock, if she swears The next witness is Mr. Herbert Jones; he comes and tells you, I went with him from London, I went with him to Gloucester, I staid at an inn called the Old-Bear, and staid and dined with him there. I went after that to the NewBear, we went thither and drank cyder together; and this was very public: For several persons that lived in the town, came to us and enquired after the business of Arnold; and if in case we had been under any such jealousy as that was, we would not have staid so long, as, says he, we did. Say they on the other side, We 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 the prisoner at the bar, we say that you yourself, on the 5th of May, said, in answer to the person that came to ask you, Why you had not brought the hair, that he might go a fishing? You said, We durst not stay for fear of pursuit upon the account of Mr. Arnold. This you yourself said, and by saying so, you have contracted that guilt in point of circumstance, which is objected by us against you. This is the answer given to that that Mr. Jones says. The next person that comes to give you an account is one John Jones, who is the apprentice Says he, you bring a witness against me that I said such a thing at Uske, at Darcy's the sword-cutler's, and you say the apprentice was by: And he gives you this evidence: Says he, I was by at such a time as the man speaks of, and being by at that time, I do very well remember, that there was a discourse concerning soine great conflict that Mr. Giles had been in, and that Giles's wife was by, and so was the other person that gave the evidence, that such a discourse there was of fighting with the devil; but now he inverts the saying of the other man, and says that he should say, He never met with Arnold the devil. The one answers, when the thing was asked him, Whether he had been fighting with the devil? No, not with the devil, but with Arnold; the other swears, He did not meet with the devil Arnold. He tells you likewise, his wife did not pull him by the clothes, and bid him hold his tongue. The next witness is Powel; and he gives you an account that he came with him to town: He gives you an account how he staid with him, and came along with him till 9 o'clock at night; for he does not pretend to give you an account after nine. Then comes Crook: And Crook, that is the maid servant, she says, I cannot positively tell you when he came in, but will positively say, that I made his bed about 10, and before 11 I asked him about his candle; he bid me lock the door, and he would put out the candle himself, and she went away and left the candle. And that is very material; for the time this fact was committed was between 10 and 11; this is what the maid says: Now there is this answer to what she swears. She first of all forgot that ever Richmond, that speaks concerning the breeches and other circumstances, that true. Gentlemen, Richmond's man he gives you no farther an account than what runs square to his master's testimony; that he left him at nine o'clock at night, and he heard him call at his master's chamber about twelve, and so they punctally agree. But he gives no manner of account where he was between nine and twelve, between which hours this fact was done. Next, gentlemen, there have been some more witnesses called for the prisoner at the bar, who gave you an account where he was before such time as he came to his lodging. Now it is not denied on either side, but that he might be till within night at that house they speak of; but the account that is desired to be given of this matter, is to know where he was between nine o'clock and twelve, when this fact was committed. These gentlemen, according as it occurs to me are the substantial parts of evidence, both on the one side and the other. The matter therefore resolves it within this narrow compass: If upon what you have heard from Mr. Arnold, attended with the rest of the circumstances that you have heard sworn by the witnesses, you do believe the prisoner at the bar is guilty; for he might be at his lodging at nine o'clock, and he might be at his lodging at twelve or one, and he night do this fact. For it is certain it was not a sudden matter, for it was a thing done preparedly; and therefore you must not expect that men that are guilty of such barbarous designs as this, will lay their designs open. To be sure, whoever it was did this fact upon Mr. Arnold, they would do it so as to make themselves appear as innocent as could be. It is not a matter to be relied on, that because this man was innocent in St. Martin's lane, therefore he did not do this thing in Bellyard. There is another circumstance against the prisoner at the bar; that he should imagine, notwithstanding all this, that Mr. Arnold had wounded himself. But when he found that that was not very probable, that a man could wound himself so, by reason of several places that he received his wounds in; he would have it, that though he did not do it himself, yet some of his friends might. Indeed if he be guilty, some of his relations might do it, but certainly he was no friend that did it. It is against nature for any man to believe that any person should put himself to so much trouble; if he had a mind to dispatch himself, he might have done it with much more case, and not have put himself to that trouble; for men, when they have a mind to do the business, they do not use to take such a deal of pains to stab themselves here and there. therefore the court takes some consideration: Not that they think to extend any mercy to you for your own sake, but a regard they think they are bound to have for those that have not of fended. But we ought to have care to let the world know, we do not intend only a punishment to the offender, but by that to terrify all other people from being guilty of such extraor dinary villainies. And because they will have regard to your posterity, therefore they do not think fit to put so great a fine upon you as this fact does deserve. But on the other side, they have thought fit you should be made an example of and that you should suffer as great a corporal punishment as the law will allow. And therefore in the name of the court I do pronounce this to be your sentence: That you be put the pillory towards Lincoln's-Inn-fields, as 'near the place where this barbarous fact was 'committed as may be: And there you are to 'stand from the hour of twelve till one, one day, ' at noon day. And on another day, from the 'hour of twelve to one, over-against Grays-Ina ' in Holborn. And another day, between the same hours just by the May-pole in the Strand. These three several days you are to stand in the pillory, and to have a paper put upon your hat whereby it shall be signified the offence of which you stand convicted. And next, to 'deter all others from committing the like, the court does think fit likewise to award, that you should pay to the king the sum of 500 and that you be committed in execution, till 'such time as you pay that money. And be cause it is both to be a punishment to you,and Thus, gentlemen, the evidence being very long, and the circumstances very many, things may occur to you that do not at present to me. Yet I must tell you again, in a matter of public example, the proof ought to be very great, to convict a man of such an offence; but you must not expect it should be so clear, as in a matter of right between man and man, and of things that are done in the face of the sun. It was done in the dark: The devil that set them a-work, docs fill them with cunning enough to keep this attempt as concealed as may be: And therefore circumstances of this nature must be wonderfully considered; an account of which Mr. Arnold himself gives you, and hea terror to all other such villains, you are to does believe in his conscience the prisoner at the bar to be the man. The Jury withdrew, and having debated together about half an hour, returned, and brought the prisoner in Guilty. find sureties for your good behaviour during life.' Sentence being pronounced, and the prisoner removed from the bar, Richard Cavenaugh was 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. At which time the court being sat, John Giles was brought to the bar; to whom the right worshipful sir George Jefferies delivered himself to this effect. threatning one Philip Staneright, one of the king's witnesses: For which reason, and for that also a new evidence was come in against the said Cavenaugh, with some farther charge relating to Mr. Arnold's business, the court thought fit, for want of bail, to continue him prisoner. Recorder. You the prisoner at the bar, you have been indicted for a very vile offence; an 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 w you of this crime, against whom, had you had man for calling her Whore, Jade, and very any objection, you might have made your chal- names, and holding up his staff at her, and threat lenge. And now you stand convicted here, it ening 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 must 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 Mr. Arnold you have a charge of children, who charged Mr. Herbert, that in Whitsun week last upon a discourse for chusing knights of the shire for Monmouth, and the saying of one in the company, that it was thought Mr. Arnold would stand for it; Mr. Herbert should make answer, I will circumcise the other side of his cheek first; or, he must have the other side of his cheek circumcised first. Upon which the court ordered he should not be discharged, but remain bound upon the former recognizance to appear there next sessions. And the Recorder gave bim several sharp reprehensions for his malicious and unmanly words and proceedings: this being the second of the king's witnesses, and a woman that he had barbarously treated; still passionately giving the reason that they were witnesses against his friend John Giles, as it was proved on oath before the court by several witnesses. Then sir Thomas Allen acquainted the court that a gentleman had informed him the day before, that Mr. Herbert told him, that Mr. Arnold wounded himself and cut his own throat; which the court looked upon as an high effect of a malicious ingratitude; Mr. Arnold hav ing besought his majesty, when Mr. Herbert was in Newgate to have his release. Mr. Arnold replied, that Mr. Herbert had been more ungrateful to his majesty, who had graciously pardoned him greater offences, and lately; for he had spoken worse of his majesty's person and government, than he had done of him, as it had been proved before his majesty, and of which he believed his majesty was well satisfied. The Court told Mr. Herbert, he was a shame to all Englishmen; and bound him by recognizance to appear and answer this offence at the King'sBench bar the first day of the next term.* In obedience to an Order shewed to me, made by the right honourable the Lords spi' ritual and temporal in parliament assembled, I have perused these papers; and according to the best of my remembrance, upon this dis⚫tance of time, they do contain the substance of what passed at the Trial of Giles. 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 Heworth, in the county of York, clerk, and Mary Pressicks, wife of Thomas Pressicks, late of the parish of Barwick in Elmett, gent. stand indicted; for that they, as false traitors against 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 sovereign lord the king towards his said majesty ought to bear, altogether withdrawing; and imagining, and with all their strengths, intending the peace and common tranquillity of this 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 established 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, and the government of this kingdom of England to subvert; the 30th day of May, in the 31st year of his majesty's reign that now is, at the parish of Barwick in Elmett aforesaid, in the county aforesaid, with divers other false traitors to the jurors unknown, did traiterously compass, imagine and intend, and every of them did compass, imagine and intend the death and final destruction of his said majesty, and the ancient government of this realm of England to change, * See the Trial of sir Thomas Gascoigne, ante, p. 959. 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 accomplish their said wicked treasons, and traiterous imaginations and purposes afore said, the said Thomas Thwing and Mary Pressicks, and other false traitors to the jurors unknown, the said S0th day of May, in the 31st year abovesaid, with force and arms at the parish of Barwick in Elmett aforesaid, advisedly, devilishly, maliciously, and traiterously did assemble and gather themselves together, and then and there did devilishly, advisedly, maliciously, subtilly, and traiterously consult and agree, and every of them did thea 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 fulfill 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 and expend divers sums of money 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 money for making a contribution for completing their traiterous purposes aforesaid, against the duty of their allegiance, and against the king's 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 country for trial, Upon the 29th of July, sir Thomas Daniel, high sheriff of the county, having returned many gentlemen for jurors; the Trial 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. Which being done, Cl. of Assize. This understand ye, that these gentlemen that are now to be sworn, are returned by the sheriff of this county, to pass between our sovereign lord the king and you for your lives therefore if you will challenge any of them, you are to challenge them as they come to be sworn, and before they be sworn. Cl. of Assize. Sir David Fowles, bart. And so as they were called challenged these names of Thomas Thwing, &c. and Mary Pressicks, &c. Prout in the indictment. Upon this indictment they have been arraigned, and thereunto pleaded Not Guilty; and for their trial have put themselves upon the country, which country you are, &c. Then Proclamation was made for evidence, and the indictment being opened, and the treasons therein aggravated by the king's council; Mr. Baron Atkyns came into the court to assist in the Trial. The Witnesses were called; Robert Bolron was first sworn. Bolron. My lord, in 1674, I came to live with sir Thomas Gascoigne, and was steward of his coal pits; and in 1675 I turned papist; 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 Catholic 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. man near the prisoners, demanded, What is Mr. Justice Dolben taking notice of a gentlethat gentleman! We are all beset; he was one of the jury yesterday. He being removed, Bolron proceeded. Bolron. Father Rushton my confessor gave me the Oath of Secrecy ;* and in 1677, sir T. Gascoigne, sir Miles Stapleton, Mr. Thwing the prisoner, and several other persons, met at Barnbow-hall, sir T. Gascoigne's house; and 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, Thwing spoke thus : Thaing. My lord, I shall willingly stand to the other jury. Just. Dolben. What jury? erect a nunnery at Dolebank; but the real in tention was to have it at Heworth, within a mile of York, after the king was killed; and to avoid suspicion, my lady Tempest told them she would let them have Broughton for the present. It was there agreed, that the king should be Just. Dolben. Oh, your servant; you either killed:† And Mr. Thwing said, that if they are very foolish, or take me to be so." The Jury being sworn. Cl. of Assize. Cryer, count these. Sir George Cook, bart. Tho. Worsley, Win. Caley, Roger Lee, John Dixon, George Wray, Hen. Pinckney, John Blackstone, Will. Hardcastle, Nicholas Stone, Geo. Westorby, Charles Tucker, Gentlemen. Cryer. Twelve good men and true, stand together and hear your evidence. Cl. of Assize. Thomas Thwing, hold up thy hand, (which he did) Mary Pressicks, hold up thy hand, (which she did). Gentlemen, you of the jury that are sworn, look upon the pri soners, and hearken to their charge: You shall understand that they stand indicted by the This lady Tempest was probably the daughter of sir Thomas Gascoigne. See his Case, ante, p. 959. No report of her Trial has been found. missed this opportunity, they should never have the like again, and the effecting of it would be very beneficial to the church of Rome. Mr. Baron Atkyns. Repeat it in the same words. Bolron. 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. Baron Atkyns. Where were these words spoken? Bolron. In the old dining-room. * See the Trial of sir Thomas Gascoigne, ante, p. 969. + Note, That upon sir T. Gascoigne's Trial 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. T. Thwing with the whole design." |