Godfrey, and that the king was an whoremaster, and such things. Then Zachary Thorpe was called and examined. Thorpe. I met with Mr. Bolron in Longacre before the last assizes, and asked him concerning sir T. Gascoigne my countryman, and he said he was cleared, but, God damn the jury they were rogues. Then he asked me if I had read Harris's Intelligence of that day, and I told him Yes; and he then asked me if I had seen his wife's name in it? He then told me, that he was going down to the assizes at York against my lady Tempest, and said, God damn me, I will ruin them; if one thing will not do it, another shall.. Just. Dolben. What are you? God damn me comes very nimbly out of your mouth. Thorpe. I live at the White-hart in Charterhouse-lane, with the gentleman of the house; I married his daughter. Just. Dolben. And draw pots of ale, that is your trade? How comes Bolron to talk thus to you? Is he so mad a fellow to talk thus to every one? This is not likely that he should thus accuse himself to you: Your father in law is a poor ale-housekeeper? Bar. Atkins. Are not you a papist? Thorpe. No my lord, a Protestant of the church of England. Just. Dolben. Have you never been in Newgate? Your lane is full of such people, and your house suspected. Thorpe. No, my lord. Just. Dolben. Come, have you done? Thorpe. Bolron came to my lodgings at the Plough 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. Just. Dolben. This is a fable, for Bolron bound Shipton over at the sessions before the last assizes. Boiron. Yes, my lord, it was for scandalous words against his majesty. I Thorpe. He asked me what Shipton was. answered, he is an honest man for aught 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. Just. Dolben. How came he to speak to thee? Thrope. I know not why, but it was his dis Course to me. Bar. Atkyns. What acquaintance was there etween you? Thorpe. I have seen him several times in Yorkshire. Just. Dolben. You live in Charterhouse-lane; How came you together in Long-acre? Thorpe. I met him accidentally in the strect. Just. Dolben. It is a wonderful thing, that he should meet one in the street with whom he fore 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 neigh bour amongst them. Baron Alkyns. Who was sorry? Baron Atkyns. What did Bolron himself say? Hardwick. He said nothing to me, he was in another room with his grandmother. [Justice Dolben taking notice of Thwing's speaking to Mr. Hobart, demanded what he said.] Hobart. My lord, he asked me, whether Bol ron did not say that sir T. Gascoigne offered him 1,000l. I only say that he swore at sir T. Gascoigne's trial." Justice Dolben. How doth it appear what he swore there? Bolron. I acquainted Mr. Lowther and Mr. Tindal with it. Mary Walker was called. Justice Dolben. Mary Walker, what do you say? Walker. Robert Bolron came after Mr. Thwing was taken prisoner, to my mistress's. Justice Dolben. Who is your mistress? Walker. Mrs. Lassell; 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 10l. for he would be revenged of him for sir T. Gascoigne's cause; for he was near of kin to him, and he proffered me 107. again. Bolron. Where were you, you were not here yesterday? Walker. I was in the Court yesterday. Sir T.Stringer. My lord, he was then searching for priests at that house, and it is improbable that he should endeavour at that time to suborn Thwing's sister's servant. Baron Atkyns. Is Mrs. Lassell of kin to Mr. Thwing? Walker. Yes, my lord. Justice Dolben. Who can believe he would come to Thwing's sister's 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. Justice Dolben. Where are they? Justice Dolben. That makes it more impro bable that he would offer you 10. in the presence of two witnesses to swear that Mr. Thwing was a priest. Sir T. Stringer. Let us ask ber a question: Whether are you a Papist or no? Walker. Yes, I am a Catholic. had very small acquaintance, and discover such that he would ask you such a thing, and knew things to him, as he did to you. Then William Hardwick was examined. you to be a Papist; is Thwing a priest or no? Walker. No, marry, is he not. Have you not heard bim Sir T. Stringer. Hardwick. I was to carry Mrs. Pressicks be-say mass? Walker. No, if I were to die. Justice Dolben. Indeed you are an excellent witness. Mr. Legget, one of the King's Messengers, produced as a Witoss by the Prisoners, was next examined. Legget. In August Inst, Mr. Bolron told me, he would call his grandmother in, and examine her before me; and he then asked her, if she did not say, that she knew such and such things? And she said she could not tell, but if she did, it was true. Baron Atkyns. What was it he asked her? Legget. About Harcourt, and I know not what; I took little notice of it, it seemed to be a thing so idle, that I went away: And miceting me afterwards, said, You thought my grandmother knew nothing, but at the bar, when sir T. Gascoigne was tried, they said they never heard one swear a thing more plainly. 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. Justice Dolben. Did you so? You are a fine fellow. Then one William Bucchus was examined. Bacchus. All that I can say, is, That I served warrant upon Mrs. Bolron to go before squire Lowther, and Bolron's wife and grandmother said, they could say nothing against sir T. Gascoigne, nor any of the family. 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 than he did the queen. Cuthbert Hamsworth was then called. Hamsworth being produced as a witness for sir T. Gascoigne, 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. 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. Baron Alkyns (to the prisoners.) What have you more to say? Thwing. My lord, he saith, I was at Barmbow Hall, 1677, I have witnesses to prove otherwise. Baron Atkins. Call them then. George Twisley, Groom to Sir Thomas Gas coigne. Twisley. Mr. Thwing was never at our house above a night or two in the year. Justice Dolben. Whose house is yours? Justice Dolben. He was there but a night or two at a time? Justice Dolben. But how often in a twelvemonth's time? Twisley. Not above once or twice, Baron Atkyns. Did you never go out of your master's house in 1677? Taisley. I have, my lord, but I was there both night and morning. Barou Alkyns. 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 horses. Justice Dolben. But were you never absent ? Twisley. No, my lord, and he was not there above once or twice in the year. Thwing. Ask him what company was then there? Twisley. No company at all, my lord, when he was there. Justice Dolben. Was not he there about Easter? Twisley. No, not that I know of. Justice Dolben. What time of the year was he there? Twisley. About Michaelmas, not Easter. Bar. Atkyns. How came you to take such particular notice at what time men come? Did you take an account of all the gentlemen that came to sir Thomas's house, how often there, and when they came? Twisley. There were none that stayed any time when they came thither. Bar. Atkyns. What time of the year was be there? Twisley. It was a month before Michaelmas. Just. Dolben. You bring witnesses to stretch things even to impossibilities. Bolron. He was drunk, my lord, at Leeds the same night the consult was. Sir Thomas Stringer. Will you speak truth before Almighty God? Twisley. Yes. Sir Thomas Stringer. Pray, then, are you a papist? Treisley. No. Areton. I have nothing for nor against him, I never saw him before in my life. Thwing. Mr. Mowbray hath declared he never knew any thing of the plot. Just. Dolben, To whom did he declare it ? Thaing. There is witness of it, my lord. Just. Dolben. Call them. Thwing. He accused not ine of the plot. Just. Dolben. He was no protestant then. Thwing. I never knew any thing of the plot until I came from London. Just. Dolben. Well, if you have any more witnesses, call them. Thwing. Mr. Cooper. Joseph Cooper. I have nothing to say in this business about this gentleman, it is concerning sir T. Gascoigne. Thwing. Yes, he declared before these witnesses he knew nothing of the plot. Cooper. We were coming from Atherton fair, and my father began to discourse with Mr. Mowbray, and asked him if he knew any thing of the plot that sir Thomas was called to London for; he said, he knew nothing of the plot, and he thought sir Thomas was guilty of no such thing; for, if he had, he should have known it as soon as Bolron, and he was a rogue and a knave for saying any such thing. Just. Dolben. When was this? Cooper. It was about this time twelvemonth. Just. Dolben. Were you upon the road then? Cooper. Yes. Sir T. Stringer. Had Mowbray then made any discovery of the plot? Cooper. Yes, that was the reason we asked him about it. Just. Dolben. Yesterday (upon lady Tempest's trial) you said, that Mowbray had not then made any discovery. Cooper. Yes, my lord, I mean Bolron. Just. Dolben. Really, methinks, you that are priests should be more dextrous; my lady Tempest managed her business much better, and had her witnesses in more readiness. Thwing. My lord, I call upon the witnesses and they will not come in, I cannot help it. Edward Cooper, senior, was then called. Edward Cooper. I know nothing; I met Mr. Mowbray coming from Atherton fair, and he said, he thought sir Thomas was not guilty of the plot. Thwing. Mr. Mowbray declared for eight or ten months together in 1677, he knew nothing of the plot. Call Mr. Hobart. Hobart. I know nothing of it. Thwing. I am innocent, I know nothing, as I hope for salvation. Then Isabel Heyward, a girl that lived with Bolron as a servant, was called. Isabel Heyward. My master and mistress fell out about going to London, and she said, she would not go, and he said he would make her go; and she said, if he did, she would swear that what he had sworn against Mrs. Pressicks was out of malice. Alice Dawson was next examined. Alice Dawson. The day after New Year'sday was twelve-months, Mrs. Boiron said, she was sorry for nothing but that her husband had meddled with Mrs. Pressicks. Then Mrs. Pressicks called for John Pepper. Just. Dolben. What do you say to him, mistress? Pressicks. I ask about my going to Parlingto at Whitsuntide. Just. Dolben. No, it was at Candlemas, and they said it was cold weather to sit in the hallporch. Pressicks. It was also said at Whitsuntide. John Pepper. About Whitsun Monday, my lord, I went to Barmbow, and met there with Mr. Pressicks and Mrs. Pressicks; and he desired me to tarry and carry his wife to Mrs. Harrison's, at Parlington, and she and I went down to Shipton, and carried her from Bolron's on Whitsun-Monday, and staid till Thursday. Just. Dolben. And what is all this to the purpose? She was, however, as it was sworn against her, at Shipton at Whitsuntide. Pepper. This is all I can say, my lord. Zachary Thorpe was again called by Thwing. Thorpe. Bolton said, he was going to swear against my lady Tempest, and if one thing would not do, another should, and would have had me to give evidence against Shipton. Mrs. Baynes (mother to Mr. Boiron) called. Bar. Atkyns. What do you say, Mrs. Baynes? Mrs. Baynes. Indeed, my lord, I know nothing of this, I know not Thorpe, Shipton I know, and he told me; that if he had not fallen into my lord of Shrewsbury's service, he and Thorpe would have turned highwaymen. Mr. Babbington called by Pressicks. Just. Dolben. Can you say any thing for Mr. Pressicks? Babbington. I can say nothing, but what I said yesterday concerning sir T. Gascoigne. Just. Dolben. Can you say any thing for Pressicks? Babbington. No, my lord, I can say nothing for Mrs. Pressicks; yes, thus much I must say, that when I came to have the writings sealed by Bolron, his wife refused to seal them without delivering up of the bonds. I told her, it would be an additional security to sir T. Gascoigne; he said he did believe, that Mr. Pres sicks and his wife were his enemies, and that they did instigate sir Thomas to sue him. Just. Dolben (to Thwing). Come, what have you more to say? Thing. I have no witnesses to call, but I hope it will be considered what kind of witnesses these are, what lives they have led; they bring me in amongst the rest, we are all of a family; I hope, my lord, you will consider that those ill men that will, may take away an honest man's life unjustly. Just. Dolben. I hear nobody speak against their lives; and this I must tell you, till men be convicted of some crime that may disable them, you cannot take away their testimony. Thwing. My lord, witnesses should be men of credit and reputation. 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 T. Gascoigne's, who saith, be 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 master's house, and how often, and what time of the year, is to me a very strange thing; unless it were one that never used 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 Just. Dolben. The jury is to consider of that. 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 popishi religion. Now, the witnesses that have been produced against Mr. Thwing, are Bolron and Mowbray ; and against Pressicks, Mr. Bolron, Mrs. Bolron sen. and jun, 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. Boiron and his grandmother do both say, that she said Picker-afterwards he might remember more; then the ing 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 never be well with England, till the Catholics 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 believe from these words, that she knew otherwise than 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 him, one to one meeting, and the other to another, that he was present at their consultation 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 T. Gascoigne's, 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 be 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 heretic, and excommunicated by the pope, and that it was not only lawful but meritorious to kill him. So that admitting this evideace be true, it is a full evidence of high 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 to 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 T. Gascoigne; 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 asked her if she knew Thwing to be a priest, and offered her 10l. to swear him a priest; she is a servant of one Mrs. Lassell, Mr. Thwing's sister, he came to Mrs. Lassell's, to search for priests; it is something strange, that he should offer to persuade her to swear against Thwing, who was a 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 king's witnesses are upon their oaths; 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 believe what they say to be true, then Thwing is guilty of high-treason: but if you do not believe what they say is true, but out of malice, you must acquit him. They do object the other juries did not believe 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 king's life, subverting the government, and introducing 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 Catholic 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 asked him, how he stood affected to the Roman Catholic religion? And he then expressed 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 Barmbow-hall, which is sir T. Gascoigne's house, and at that meeting there were sir T. Gascoigne, esq. Gascoigne, 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 Catholic 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 a heretic, 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 testify, 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 be hath produced for himself: the law, it is true, does 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 Nat. Wilson; I shall not repeat what he saith, being of no import. Thwing saith, Mr. Bolron was before Mr. Lowther and Mr. Tindal, 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 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 Moor 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 ruin 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 giving of your verdict. I must leave it to you, and I pray God direct you therein. sultation together, brought in their verdict, that The Jury having withdrawn, after some conThomas Thwing was Guilty, and Mary Pressicks Not Guilty. August the 2nd, 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 and thereof hast been found guilty: what canst traitor did conspire the death of the king, &c. 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 T. Gascoigne had his trial, these men said nothing against me; so I hope your lordship will take it into consideration. Justice Dolben. For your innocency, the gentlemen of the jury are judges of that, and |