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Areton. I have nothing for por against him, I never saw him before in my life.
Alice Dawson was next examined. T'hwing. Mr. Mowbray liath declared be Alice Dawson. The day after New Year'snever knew any thing of the plot.
day was twelve-months, Mrs. Bolron said, she Just. Dolben, To whom did he declare it? was sorry for nothing but that her husband had Thaing. There is witness of it, my lord. meddled with Mrs. Pressicks. Just. Dolben. Call them.
Then Mrs. Pressicks called for John Pepper, Thwing. He accused not ine of the plot. Just. Dolben. He was no protestant tben.
Just. Dolben. What do you say to him, Thwing. I never knew any thing of the plot mistress ? until I came from London,
Pressicks. I ask about my going to Parlington Just. Dolben. Well, if you have any more at Whitsuntide. witnesses, call them.
Just. Dolben. No, it was at Candlemas, and Thwing. Mr. Cooper.
they said it was cold weather to sit in the ballJoseph Cooper. I have nothing to say in this porch. business about this gentleman, it is concerning Pressicks. It was also said at Whitsuntide. sir T. Gascoigne.
John Pepper. About Whitsun Monday, my Thwing: Yes, he declared before these wit- lord, I went to Barmbow, and met there with nesses he knew nothing of the plot.
Mr. Pressicks and Mrs. Pressicks; and he deCooper. We were coming from Atherton fair, sired me to tarry and carry his wife to Mrs. and my father began to discourse with Mr. Harrison's, at Parlington, and she and I went Mowbray, and asked him if he knew any thing down to Shipton, and carried her from Bolroa's of the plot that sir. Thomas was called to on Whitsun-Monday, and stand till Thursday. London for; he said, he knew nothing of the Just, Dolben. And what is all this to the plot, and he thought sir Thomas was guilty of purpose? She was, bowever, as it was sworn no such thing; for, if he bad, he should have against her, at Shipton at Whitsuntide. known it as soon
as Bolron, and he was a Pepper. This is all I can say, my lord. rogue and a knare for saying any such thing. Just. Dolben. When was this
Zachary Thorpe was again called by Thaing. Cooper. It was about tbis time twelvemonth.
Thorpe. Bolron said, he was going to swear Just. Dolben. Were you upen the road then against ing lady Tempest, and it one thing Cooper. Yes.
would not do, another should, and would have Sir T. Stringer. Had Mowbray then made had me to give evidence against Shipton. any discovery
of the plot ? Cooper. Yes, that was the reason we asked
Mrs. Baynes (mother to Mr. Botron) called. him about it.
Bar. Atkyns. What do you say, Mrs. Baynes? Just. Dolber.. Yesterday (upon lady Tem- Mrs. Baynes. Indeed, my lord, I know nopést's trial) you said, that Mowbray had not thing of this, I know not Thorpe, Shipton I ihen made any discovery.
know, and he told me; that if he had not Cooper. Yes, my lord, I mean Bolron. fallen into my lord of Shrewsbury's service, he Just. Dolben. Really, methinks, you that are and Thorpe would have turned highwaymen. priests should be more dextrous ; my lady Tempest managed her business much better, and
Mr. Babbinyton called by Pressicks. had hicr witnesses in more readiness.
Just. Dolben. Can you say any thing for Mr. Thwing. My lord, I call upon the witnesses Pressicks? and they will not come in, I cannot hely it. Babbington. I can say nothing, but what I Edward Cooper, senior, was then called,
said yesterday concerning sir T. Gascoigne
Just. Dolben. Can you say any thing for Edward Cooper. I know nothing; I met Pressicks? Mr. Mowbray coming from Atherton fair, and Babbington. No, my lord, I can say nothing he said, he thought sir Thomas was not guilty for Mrs. Pressicks; yes, thus much I must say,
that when I came to have the writings sealed by Thwing. Mr. Mowbray declared for eight or Bolron, his wife refused to seal them without ten months together in 1677, he knew nothing of delivering up of the bonds. I told her, it the plot. Call Mr. Hobart.
would be an additional security to sir T. GasHobart, I know nothing of it.
coigne ; he said he did believe, that Mr. Prese Thwing. I am innocent, I know nothing, as sicks and bis wife were his enemies, and that I hope for salvation.
they did instigate sir Thomas to sue him, Then Isabel Heyward, a girl that lived with
Just. Dolben (tu Thwing). Come, whiat hare Bofron as a servant, was called.
you more to say ?
Thwing. I have no witnesses to call, but I hope Isabel Heyward. My master and mistress fell it will be considered what kind of witnesses out about going to London, and she said, she these are, what lives they have led; they bring would not go, and he said he would make her me in amongst the rest, we are all of a family, go; and she said, if he did, she would swear I hope, my lord, you will consider that those till that what he had sworn against Mrs. Pressicks inen that will, may take away an honest man's was out of malice.
of the plot.
Just. Dolben. I hear nobody speak against treason against bim; bere is an imagining the their lives; and this I must tell you, till men be death of the king, and here is an overt-act, convicted of some crime that may disable them, here is a setting hands to it; so that if this be you cannot take away their testimony. true, Thwing is guilty of high-treason. Now
Thwing. My lord, witnesses should be men against this they have produced many witof credit and reputation.
nesses, and none of them doth go about to Just. Dolben. The jury is to consider of that prove this impossible, but only improbable ;
Look you, gentlemen, these two prisoners but one that is a groom of sir T. Gascoigne's, stand indicted of high-treason, and it is for con who saith, he was but once or twice that year spiring the death of the king, and other heinous there, and not at Easter, but about Michaelcrimes; as designing the subverting the go-mas: is that enough to answer the testimony of vernment, and bringing in the popisli religion. these two men, gentlemen? For a groom to
- Now, the witnesses that have been produced take upon him to say two years after, who was against Mr. Thwing, are Bolron and Mowbray; at his inaster's house, and how often, and what and against Pressicks, Mr. Bolron, Mrs. Bolron time of the year, is to me a very strange thing; sen. and jun, and one Hutchinson; and the evi- unless it were one that never used to coine dence against Thaing is one thing, and against there : but this man, he saith, did use to come the woman quite another; there is no evidence there--but that I must leave to you. The rest against her but what they heard her say others of the witnesses were the same that were exawere to do; there is no evidence of any action mined yesterday. First, they insist concerning of hers, or that she was present at any consul- Mr. Lowther, they say, that when Mr. Bolron tation, nor acting any thing there, but that she first went to Mr. Lowther, he said nothing of said so and so. Now Mr. Bolron and his Mr. Thwing, but it appears, he said then, that grandmother do both say, that she said Picker- | afterwards he might remember more ; then the ing was to bave killed the king, and that she man was under a great consternation, and told was sorry that he did not do it. That the gun him the great and dangerous consequences of with which he should have done it was found, having so long concealed it, was the occasion of and she was afraid that was the cause of his that disorder upon him ; but he said he should death ; and they all say she said, that it would remember more afterwards, and so he did : the never be well with England, till the Catholics rest of the witnesses do all go to this purpose, had got the upper hand, and the duke of York that either Bolron or Mowbray should tell were king. Now I must tell you, that my opi- thein at one time or other, they did know nion is, that a bare saying of this doth not motbing of the Plot, nor against sir T. Gasamount to high-treason, unless you do believe coigne ; and some of them say, that it is out from these words, that she knew otherwise than of malice tu sir Thomas's family; for so Thwing by hearsay, that Pickering was to have killed would have it, he being bis nephew, that the the king, and that she was privy and consent. malice should reach to Mr. Thwing, that they iog to the design of killing the king, then she would have it; and something to the same is guilty of treason; but if she only knew it by purpose they do offer against Mr. Mowbray. hearsay, the bare knowledge and concealing of Now here is one Walker, that swears, that it will make her guilty of misprision of treason ; Bolron asked her if she knew Thwing to be a but knowing of it barely by report doth not priest, and offered her 101. to swear him a make her guilty of high-treason. My brother priest ; she is a servant of one Mrs. Lassell, will tell you his opinion herein. Now for Mr. Mr. Thwing's sister, he came to Mrs. Lassell's, Thwing, the evidence against bim is very home, to search for priests; it is something strange, for they both swear against him, one to one that he should offer to persuade her to swear meeting, and the other to another, that he was against Thwing, who was a servant to his own present at their consultation to kill the king, sister, and at the time when he came to search subvert the government, and to bring in the for priests; the truth of it is, the thing doth popish religion ; that he did agree at the meet- depend purely upon the credit of witnesses. ing to the killing of the king, they do both The king's witnesses are upon their oaths ; swear, and this they say was at sir T. Gas- but, on the other hand, the others are not on coigne's, and that at the several meetings there their oaths; but credit is to be given to what was a list produced; but Bolron saith, that they say, if you consider their evidence, and the list when he was present was a list of those do find a clearness in their testimonỳ, which that were engaged towards the carrying on of you must weigh; for certainly he that solemnly, the nunnery; that which the other speaks of, in the presence of God, will say a false thing, was a list of those that were engaged about the will also dare to swear it; how far their prinkilling the king, about the whole design which ciples will carry them I know not, I can see was to he effected by killing the king, this he nothing but Bolron and Mowbray are good swears, that Thwing did produce this list; and witnesses ; I do not see but what they say is Mowbray saith, that threc or four priests were coherent, and that they speak the truth; and present at that time, and that Thwing said the if you believe what they say to be true, then king was an heretic, and excommunicated by thwing is guilty of high-treason : but if you do the pope, and that it was not only lawful but not believe what they say is true, but out of meritorious to kill him. So that admitting this malice, you must acquit him. They do object evideace be true, it is a full evidence of bigh- the other juries did not believe Bolron and Mowbray; the case with the prisoners at the does not allow us to give them an oath ; yet bar is nut the same with theirs; but you are ta if they be persons of credit and honesty, it is give your verdict according to the evidence evidence which you are to consider of. The that you have heard, and according to your prisoner hath called several witnesses : the consciences.
tirst was Nat. Wilson ; I shall not repeat what Mr. Baron Atkyns. Gentlemen of the jury, he saith, being of no import. Thwing saith, I shall be very short. The crimes that are laid Mr. Bolron was before Mr. Lowther and Mr. in this indictment, and charged upon these Tindal, two justices of peace, who did tabe bis persons, are, the designing to take away the oath ; and then he said he did not accuse bin king's life, subverting the government, and in- .of the Plot at that time, and by that would troducing popery; you observe the nature of infer, that he would have said what he bad the evidence which hath been given against against him, as well then as now, if he had any the prisoners. And first, I shall speak but one thing whereof to accuse bim ; but Bolron anword concerning Mary Pressicks: I do fully swers, he did declare to these two gentlemen, agree with what my brother hath said ; you do he was not able at that time to recollect his take notice, that the evidence that hath been whole knowledge, but gave it in afterwards to given against her, hath been what came out of the king and council. The next are Moor and ber own mouth; the witnesses are Mr. Bolron Thorpe: the effect of their evidence is to strike and his grandmother, and likewise one Hutch- at the reputation of Bolron, that it was an act inson : Mr. Bolron saith she did tell him, that of malice and revenge: íor they say, that Harcourt was her confessor, and that he had Bolron told them, that sir Thomas was innoengaged her in the Plot; she likewise told him, cent, and knew nothing of the Plot. Thorpe that Pickering was to kill the king, that the saith, he met with Bolron in Long-Acre, and gun was found with him, and was the cause of that he told him, that though sir Thomas were his death : this is some evidence of high-trea- quitted, he would ruin soine of them. I say, son, I must leave it to you of what weight it these things, if true, are some evidence of a is, and how far by this you will conclude her malicious prosecution : but it seems something privy to the Plot; it is true, were she an actor improbable, that Bolron should so openly make in it, it is plain she is guilty of high-treason. As a discovery of himself, when it appears he was to what Hutchinson said, that she told him we not greatly acquainted with them, especially should never be at peace till we were all of the with Thorpe. . There are several other witRoman Catholic religion, and the duke of nesses that speak much to the same purpose, York was made king, that will not amount to Gentlemen, in matters of fact, which depend high-treason : this I take to be the sum of the upon the testimony of witnesses, the credit of evidence against her. Then as to Mr. Thwing, the witnesses is greatly to be considered; there are two witnesses that have sworn against you believe what Bolron and Mowbray have him, that is Mr. Bolron and Mr. Mowbray: both positively sworn, the treason is plain; you Bolron tells you, that in 1677, there came to must take all the parts of your evidence togebim several priests, to his house at Shipton; ther, you must weigh all the circumstances, aud amongst the rest Thwing the prisoner, who you must, as I said before, consider the credit asked him, how he stood affected to the Roman of the witnesses of the one side and of the Catholic religion ? And he then expressed his other, and by these steps you will be the better zeal for it, and they thought him a person fit guided in giving of your verdict. I must leave to impart their secrets to : then he saith, that it to you, and I pray God direct you therein. in 1677, there was a meeting at Barmbow-ball
, which is sir T. Gascoigne's house, and at that
The Jury having withdrawn, after some conmeeting there were sir T. Gascoigne, esq. Gas
sultation together, brought in their verdict, that coigne, sir Miles Stapleton, and amongst the
Thomas Thwing was Guilty, and Mary Presrest this prisoner Thwing; and that there was
sicks Not Guilty. a consult held at that time, and design of kill- August the 2nd, 1680, Thomas Thwing being ing the king; and that this person did agree brought to the bar, the clerk spoke thus : to it, and declared that if they should miss that opportunity, they should never have such ano
Clerk. Thomas Thwing, hold up thy hand : ther; and that it was for the good of the Roman Thou hast been indicted, that thou as a false Catholic religion. The next was Mowbray;
traitor did conspire the death of the king, &c. and he saith to the same effect : that in 1676,
and thereof hast been found guilty: what canst Thwing and others declared they did design to
thou say wherefore judginent of death should kill the king, for he was a heretic, and excom
not be pronounced against thee? municated, and had not kept his word with the Thwing. My lord, as I am now upon my life, jesuits, and therefore they thought it not only I know nothing of these things, in the least
, lawful, but a meritorious act : and this is what that these men have sworn against me: And both Bolron and Mowbray do testify, this they on the other side, I say, that before sir T. Gasswear positively against the prisoner; if you coigne had his trial, these men said nothing believe what they have sworn to be true, I must against me; so I hope your lordship will take declare that it will amount to high-treason. it into consideration. You are likewise to consider the evidence be Justice Dolben. For your innocency, the hath produced for himself: the law, it is true, gentlemen of the jury are judges of thai, and they have found you guilty, so that it is not in all that was sworn against him, but gloried that my power either'to acquit or condemn you; be was a priest, and had performed the priestI am only to pass sentence according to that ly function about 15 years; and desiring all conviction. If you have any thing to say true catholics, if any such were there, to pray wherefore judgment should not be pronounced, for bim; and' begging God to bless and preI am ready to hear you.
serve the king, his queen, the duke of York, and Thwing. All that I can say is to declare my all other good christians, he yielded bimself to innocency, and that these men are of no credit the executioner. He delivered in writing this and reputation. It is very hard I only should following Speech : be guiliy, and none of the rest, who were ar- “ This sudden news of my execution (after raigned for the same crimes.
my reprieve) coming so unexpectedly, made Justice Dolben. No, it is not impossible; it is me fear I should have more severity shewed me possible you may be guilty, and the rest inno-than has been to others; and consequently, that cent.
I should not have my full liberty to declare my Thwing. For my part, I told your lordship mind in the place of my execution; therefore that I was but once or twice in a year at sir T. I have briefly expressed myself in writing, as Gascoigne's, being my uncle, and I do protest followeth : I know nothing of the consult these men do “ First, as I hope for salvation and benefit charge me with
of the blood and passion of my blessed Saviour, Justice Dolben. You say one thing, they I most sincerely protest, that what Rob. Bol. swear another, and for aught I know they are ron, and L. Mowbray swore against me, was honest men; they are lawful men, and not absolutely false; for here, in the presence of convicted in the main; for I do believe there the eternal God, I declare I never knew of any were many great and dangerous consults held at consult at Barnbow, the least prejudicial to the sir T. Gascoigne's by several persons, and that king or kingdom; nor was I ever at any, such there have been many horrid and reasonable consult, or meeting, with sir T. Gascoigne, Mr, things acted there. You have been indicted Gascoigne his son, sir Miles Stapleton, the lady for high-treason, the highest treason that ever Tempest, Mr. Ingleby, or any other, where any any subject was guilty of, for attempting to kill thing was treated, spoken, or written, about the king, for resolving so to do upon deliberate killing the king, or alteration of the governadvice and consultation ; and this for no other ment; nor did I ever see, or know of any
List end or purpose, but that you might have your of names of persons mentioned, and sworn by religion set up, for that was your design, to them against me. change this religion here, and to settle popery “ Secondly, Upon niy salvation I declare, in England; and the better to bring that to that I never had been in my whole life-time pass, you thought to take away the king's life, guilty, even so much as in thought, of any knowing you could not otherwise accomplish it. treason against his majesty, or the kingdom; You are, I am satisfied, a priest of the Romish being directly contrary to the principles of our church; therefore all that I can say to you faith. in reference to your future state you will not “ Thirdly, That although I have, and do devalue, for you account me an heretic as you do clare against the oath of allegiance, as it is the king, and I am content to be so esteemed worded, yet it is only by reason of some clauses in so good company, therefore I shall wave therein contained, not pertaining to allegiance; it. As you are a gentleman, I will give some and therefore if an oath, containing nothing but respect to you, and will not pass sentence on allegiance, had been legally tendered me, I you .among the rest of the prisoners that are should have thought it a sio to resuse it, found guilty of felony and murder, but will do “ Lastly, I acknowledge myself a priest, and it by yourself.
to have (about 15 years) performed the priestThe law doth command the court, and the ly function; which I am so far from denying, court duth award, “ That you be carried from that I thought it the greatest honour imaginable. hence to the place from whence you came, that “Now, dear countrymen, having made this is, the prison, and from thence you are to be protestation in the most plain and serious terms drawn to the place of execution : you are there I could, without all equivocation, or mental reto be hanged by the neck, you are to be cut servation whatsoever ; I appeal to the eternal down before you are dead, and your entrails are judge, whether all good christians ought not rato be taken out of your body, and thrown into ther to believe what is here in this manner the fire before your face, and your head is to be sworn by me, in my present circumstances, parted from your body, and your body separat. than what was sworn by my accusers, whom, ed in four quarters, and your head and your notwithstanding, I beg of God Almighty to fora quarters are to be disposed according to the give; as also the jury, and all others, who have king's pleasure. And the Lord have mercy on in any kind, concurred to my death. your soul.”
Then again professing his innocence, and Thwing. " Innocens ego sum.'
praying for his king and country, he concluded A reprieve being obtained for him, he re with these seeming prophetic words. mained condemned in the castle of York, till “ Though I know the affairs of the kingdom the 23d of October, when, according to the are in a bad posture, yet I hope they will be sentence, he was drawn, hanged and quartered cleared ere long; and then the actors thereof at York, having first protested his innocence of I will be more fully known.”
270. The Trial of ELIZABETH CELLIER,* at the Old Bailey, for
writing and publishing a Libel,t September 11th and 13th,
32 CHARLES II. A. D. 1680. Clerk of the Crown. MRS. Cellier, look Popish Religion, not having the fear of God be. to your challenges; for the Jury that is to be fore her eyes, but being mored and seduced by sworn is to pass upon you.
the instigation of the devil, falsly and inalicious Cellier. Am I for my life?
ly endeavouring and intending our sovereign Cl. of Cr. No, but look to your challenges. lord king Charles the 2nd that now is, and the
Lord Mayor. But if you challenge, you must government of this kingdom of England, as give a reason for it, Mrs. Cellier,
also the true Protestant Religion, within this CI. of Cr. Swear John Ainger. [Which kingdom of England by law established, to was done. ]
bring to hatred and contempt; and elso to Cl. of Cr. Swear Richard Boys.
bring scandal and infamy upou divers persons Cellier. I challenge him.
produced as witnesses, that gave evidence on Lord Muyor. Mrs. Cellier, you must shew a the part and behalf of our sovereign lord the cause for your challenge.
king, against her the said Elizabeth Cellier, and Cellier. I did not know that, my lord, other persons indicted of High-Treason; the
Baron Weston. You can challenge none in 1st of September, in the 32nd year of our sove this case without a cause.
reign lord king Charles the 2nd that now is, at Cellier. My lord, I did not know that: Then the parish of St. Clement-Danes, in the county I agree he shall be sworn. [Which was done.] of Middlesex aforesaid, falsly, maliciously and
Then the rest of the Jury, without any more seditiously did write and publish, and did cause challenges, were sworn; and they were all as to be writ, imprinted and published a scanda follows: John Ainger, Richard Boys, John lous Libel, intituled, · Malice Defeated : Or, a Stephens, Thomas Phelps, Gilbert Urwin, Ed- brief Relation of the Accusation and Deliver ward ́Allanson, Richard Liveing, John Coggs, ance of Elizabeth Cellier : Wherein her ProHenry Hogsden, John Barnard, Edward Low, ceedings, both before and during her confine James Southern.
ment, are particularly related, and the Mystery Then Proclamation was made in common
of the Meal-Tub* fúlly discovered: Together form for Information; and the clerk charged
' with an abstract of her Arraignment and Trial
• Written by herself for the satisfaction of all the Jury thus :
' lovers of undisguised truth.' In which said Cl. of Cr. You gentlemen that are sworn, Libel are contained these false, feigned, scanElizabeth Cellier stands indicted by the name dalous words and figures following, to mit: 'I of Elizabeth Cellier, wife of Peter Cellier, of hope it will not seem strange to any honest the parish of St. Clement-Danes, in the county and loyal person of what way or religion $a of Middlesex, gent. For that she being of the ever, that I being born and bred up under
• Protestant parents, should now openly profess From a pamphlet intituled “The Trial | myself of another church (meaning the church and Sentence of Elizabeth Cellier; for writing, of Rome ;) for my education being in those printing, and publishing, a scandalous Libel, times, when my own parents and relations, called Malice Defeated, &c. At the Sessions in for their constant and faithful affection to the the Old-Bailey, held Saturday the 11th and Monday the 13th of Sept. 1680. Whereunto is Of her concern with the Meal-Tab Plot, added several Depositions, made before the see some accounts in the Report of her Case right honourable the Lord Mayor, London, for High Treason, supra, p. 1043. printed for Thomas Collins, at the Middle-Tem- Sir William Temple calls the Meal-Tub Plat ple-Gate, 1680."
an intrigue, which he could never make any “ September 13th, 1680. I do appoint thing of nor thought worth his enquiry; and he * Thomas Collins stationer, to print the Trial of says, that lords Essex and Halifax, upon the
Mrs. Cellier at the Sessions, and that no other private examination of it, took such a distaste do, presume to print the same.
at finding themselves mentioned in it, and yet ROBERT CLAYTON, Mayor." left out of the secret examinations about it, + See her Trial for High Treason, supra, that their discontents grew open against the p. 1043. In the 4th vol. of the Harleian Mis- court, and lord Essex left the Treasury. cellany, p. 136, is printed, " A Scheme for Sir William Williams, the Speaker, in prothe Foundation of a Royal Hospital, and rais- nouncing Sentence of Expulsion opon sir Ro iug a Revenue of 5 or 6,0001. 'a year, by and bert Peyton, for “negociating with the duke 'for the inaintenance of a Corporation of skilful of York, by means of lord Peterborough, Mrs. Midwives, and such Foundlings or exposed Cellier and Gadbury, when they were turning children as shall be admitted therein, as it was the Popish Plot upon the Protestants, told him, *proposed and addressed to his majesty king You' bave sat' betwixt the Devil and the James the Second, by Mrs. Elizabeth Cellier, Witch-Mr. Gadbury and Mrs. Cellier;" See in the month of June, 1687."
4 CobbParl. Hist. 1233.