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Areton. I have nothing for nor against him, I never saw him before in my life. Tuwing. Mr. Mowbray hath declared be 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 me 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 Tempost'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 feli 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's day 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 Parlington at Whitsuntide.

Just. Dolben. No, it was at Candlemas, and they said it was cold weather to sit in the hall porch.

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. Bolron said, he was going to swear against any 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. Bolron) 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?

Thwing. 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, he was but once or twice that year there, and not at Easter, but about Michael

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 go-mas: is that enough to answer the testimony of vernment, 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. Bolron and his grandmother do both say, that she said Picker- | 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 he 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 Evidence be true, it is a full evidence of high

these two men, gentlemen? For a groom to take upon him to say two years after, who was at his inaster'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 afterwards he might remember more; then the 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 Tuwing, 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 Boiron and

and I thought them to be servants belonging to some of my company, who had followed me on my calling; and as I came into Bell-yard, one of them went faster than I went, and get be.

face, and I went by him, when a woman standing in a door about the middle of Bell-yard, with a candle in her hand, I looked in his face, and that person was the prisoner at the bar; and when his companion or companions came up to him, I heard them laugh aloud; I took no notice, but went on, and went as far as to that house.

Mr. Recorder (Sir George Jefferies.) You knew him before, Mr. Arnold?

and if ever any of the lords in the Tower should suffer, this nation should feel a bloodier war than ever it had done; by which you may see his bloody nature. Gentlemen, besides this we shall prove (according to their custom of sham-fore me, and turned and looked earnestly in my ming) that he has from time to time pretended as if Mr. Arnold had done this business himself, or some of his friends, to revive the plot. A very fine contrivance indeed! for a person to stab himself, and cut his own throat, to revive the plot. These things we will make out clearly to you: And I must tell you it is a notorious crime, such a fact as has no precedent: there is no remembrance in history, that I know of, of such barbarous attempts, except in the case of sir Edmundbury Godfrey, who was most barbarously murdered by this sort of men. And this case, gentlemen, differs from that only in this, that there they accomplished their villainy upon him: but the providence of God saved Mr. Arnold's life, and I hope to as good purpose: For as providence ordered that to confirm the truth of the popish plot; so this assassination of Mr. Arnold must convince all mankind (not concerned in the plot itself) that this damned Popish plot still continues, and that it is high time for all honest men, as much as in them lies, to endeavour to suppress it. You, gentlemen, will do your duty in finding this man guilty (if the evidence we give satisfies your consciences that he is so, else God forbid), and then I doubt not but the court will do their duty, in putting such an exemplary punishment upon this villain, that may deter the like barbarous and bloody attempts for the future.

Mr. Arnold sworn.

Mr. Thompson. Pray, Mr. Arnold, give an account of this business.

Mr. Arnold. My lord, I was ordered by the king and council to attend upon them the next day after this villainy befel me. I was upon the 16th day of April in my chamber in the afternoon, and my ford Chandois and several other persons came to any chamber, and one Evans, one of the messengers belonging to the council, came to give me notice that my hearing (which I was informed was to be at four in the afternoon) was ordered to be at ten in the morning, which was the reason I sent my servants out to give notice of this alteration to my witnesses and counsel. And though I had resolved not to stir out that night, I went out with the company to the Devil-tavern, where we were, and staid till about ten or past; and just as we were breaking up, I recollected that I had some business with Mr. Phillips, who is a counsellor at law, and lives near the end of Bell-yard. I desired the company to stay, and I would come to them in a moment. I went to the room where several servants were, and called to some of them to go with me; For several of my friends and neighbours being in town, I very often took their servants with me, when mine were busy or out of the way. As I went cross Fleet-street, I did see two men in campaign cloaks follow me,

Mr. Arnold. I did not know him so well before as to know his face. At the kennel at the end of Jackanapes Lane, I looking down to find the kennel, a cloak was thrown over my head, then I found very rough hands upon my shoul ders, and they ran me into Jackanapes-Lane, just cross the lane, against the opposite wall, and they run my head so hard I think they broke it; I drew my sword before, but before I could use it, I was struck, and immediately upon that, one of them struck me; then I apprehended what it was, but could not turn to make any defence. I received a second blow, and fell, and the first thing I was sensible of was a very sharp quick thrust in my side, and the point at that thrust ran into my belly; then I recovering began to make what defence I could. With a broad sword I was run through my arm, and with a small weapon I was run through in another place of my arm. I had several other wounds; one of them set his foot hard upon my breast, and kept me down, and he was, as I conceive, run into the leg by one of his com panions, for I heard him say, 'Damme thou

hast spoiled my leg.' They laughed all the while, and were exceeding merry. I had then on a pair of bodice of whalebone, notwith standing which I had four or five wounds in my body through them, for they were not proof, but they imagined they were, finding their swords double sometimes, and then said one of them, Damme, he has armour on, cut his

throat.' Immediately one kneeled down, and gave me several cuts in the lower part of the face, and I did what I could to defend myself, but they have given me some indelible marks, characters that will never be obliterated while I live, and I am afraid I shall never be myself again, by reason of the bruises in my head! and breast. By a candle in a window, I conceive in sir Thomas Baldwin's house, and some women in his yard, gave them the first disturbance, and a boy coming by with a link the same time, I both saw the face of the prisoner at the bar again, and remembered I saw him in the lane just before. They then pulled the cloak from off me, and I seeing the light, and being eased of the weight, I strained all my strength and cried out, and then some company came in, who are here to prove it; but seeing me all blood and dirt, they stood gazing on me a time, but at last took me up and carried me into the Sugar-loaf,

and from thence I was carried to my lodging, where all the company I left came to me, and a surgeon was sent for, who is also here to prove his knowledge of the condition he found me in. And when they went away, they did not steal away as other malefactors used to do, but clapt their swords close to their bodies, and went away laughing aloud; but as they were going, one of them said these words, Now, you dog, pray for, or pray again for the soul of Captain Evans, Captain Evans was a Jesuit, and was executed at Cardiffe for being a priest; and I have been informed by several persons of good quality, that when the under sheriff came to give him notice that he had a warrant for his speedy execution, the said Evans being in a game at tennis, said God damme, I will play out my set first.'

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Recorder. Mr. Arnold, I would know one' thing: Will you undertake to swear positively that this person was one of the persons who stept before you? Will you take it upon your oath, that that person, the prisoner at the bar, went before you?

Mr. Arnold. I will take it upon my oath, as far as a man can do, for one man, it is possible, may be like another both by his voice and his face; I can swear I believe he is the

man.

Mr. Thompson. You are satisfied upon the first sight that you had of him in the country, that he was the man,

Mr. Arnold. Yes, sir, and he can tell you that by a very good token, for I had like to have run him through.

Recorder. We must not expect that there can be exact and positive proof; for men that commit offences of this impudent nature do not usually call witnesses to be present to see them done; therefore we would come as near as we can to circumstances, whereby a fact of such a nature is to be proved. Mr. Arnold, do you believe that the prisoner at the bar was one of the persons that went before you in Bell Yard?

Mr. Arnold. Upon my conscience I do believe he was the man.

Recorder. What o'clock was it?

Mr. Arnold. About 11 o'clock, or between 10 and 11.

Recorder. When the link came there, was there three? And do you believe by the light you had by the link, that that was one of the persons that were there?

Arnold. I saw his face and habit, and believe he was.

Recorder. What habit had he on?

Arnold. He had a grey cloak, a campaign cloak, and a coat, I think, lined with red. It is impossible to give an account of every particular under those circumstances I was in.

Recorder. It is not to be expected that a man under your circumstances should be extraordinary precise in circumstances; therefore it is asked you, that according to the best of your apprehension, you might acquaint the court with those circumstances that may be re

VOL, VII.

membered by the jury, that they may see there be no injury done to the prisoner at the bar, but that right be done on both sides, and that in every circumstance.

Mr. Holt. Now, Sir, we will call Mr. Phillips, with whom he had this discourse the next day. Recorder. Will the prisoner ask him any questions?

Pris. Truly Mr. Arnold knew me in Monmouthshire, and knew me as well as any man in the city.

Recorder. Did you not very well know him? Arnold. It is very possible I might see him, and often at assizes and sessions, but not to know him; nor did ever know whether his name were Giles, or what it was. Your lordship sees many persons here, and often, and it is possible do not know them; he lives I think a dozen miles from me.

Pris. That is a wonder; if it please you, sir, my wife is a near relation to you, both by father and mother, and I have spoken with you in your chamber.

Arnold. It is possible she may, but I do not know it. Stephen Phillips.

Mr. Holt. Pray, Mr. Phillips, give an acthe day after the business was done. count of what discourse you had with Giles

Phillips. We went to the tavern, and drank discourse concerning Mr. Arnold; it was about two or three boules of wine, and we had some eight or nine in the evening the next day, some discourse happened concerning his miserable condition, and how he was hurt, and of that

nature.

Recorder. How many was there in com pany?

Phillips. One or two more.

Recorder. What house?

Phillips. At the Crown tavern in New-street, Giles was talking of it, and said be, God in Covent Garden; and among the rest, Mr. ' damn him, God rot him, he had armour on ;' the word was, God damn him,' or, God rot 'him, he had armour on, they say.'

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Mr. Holt. What time of night was that? Phillips. As near as I can remember, it was about eight or nine the next day in the evening. Mr. Thomson. The very words that Arnold swears when they went to cut his throat.

Pris. My lord, if you please, there was Mr. Phillips and another; and I spake nothing but what I heard as news, that they had killed him if he had not had anour on.

shall have your time, and you may call up other Recorder. For that matter, Mr. Giles, you witnesses, but the gentleman positively swears you said these words; and if so, I will assure you it does not look as if you were a-kin to him, or your wife either.

Walter Watkins.

Mr. Holt. Mr. Watkins, what did you hear that Giles should say in Gloucestershire about this business? 4 D

Mr. Thomson. What said he about this business of Mr. Arnold?

Watkins. My lord, all I can say is this: I being at the stating some accounts between Mr. John Giles and Mr. Richmond, I asked Mr. Giles for some horsehair to make a fishing line: Mr. Giles replied, That he had left very good hair for me at a farrier's in Gloucester; for he and Mr. Herbert Jones made such haste through the town of Gloucester, that they did not call for the horsehair. I asked Mr. Giles what was the occasion of his haste? said he, for fear we should be stopped in our journey, as suspected to be concerned in Mr. Arnold's business.

Recorder. What time was that?
Watkins. About the 5th of May.

George Richmond.

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Recorder. There was the apprentice, but he does not know his name, and Darcy and Giles and his wife.

William Richmond.

Mr. Holt. What did you hear Giles say about the rapier?

W. Richmond. He asked me in the afternoon before Mr. Arnold was hurt, where he might buy a very good rapier: I told him I could not tell. He then had a good back-sword in the house.

Mr. Gibbs. Tell the court what acquaintance Giles had with Father Lewis the Jesuit, since executed.

W. Richmond. My lord, he told me he would go to the executioner, and persuade him not to execute Mr. Lewis, but I had the executioner locked up, and I would not suffer him; but I

Mr. Holt. Mr. Richmond, what can you did see him very active at the execution, dipsay concerning this thing? ping cloths in Lewis's blood.

Richmond. I desired Mr. Giles to meet me, that we might even our accounts; and upon the 5th of May last he met me, and I desired Mr. Watkins to be present as a witness.

Recorder. Where was it?

Mr. Thompson. What do you say as to his coming to his lodging?

W. Richmond. We went to several places that day, and at eight or nine, or between eight and nine, we came to the King's-Arms in St. Martin's Lane, and I left him at the kitchen fire, and went up into the chamber and drank

Richmond. At Uske. And as we were making up the account, said Mr. Watkins to Mr. Giles, Where is the horsehair you promi-a considerable quantity of drink; and as near sed me to make fishing-lines? Giles replied, He left very good horsehair at a farrier's in Gloucester and he asked him, Why he left it? He said, He made haste for fear of being taken and stopped for. Mr. Arnold's business. I cannot say whether he called him esq. Arnold, or Mr. Arnold, or what; he seldom used to give him so good words.

:

Walter Powel.

Mr. Holt. What do you know concerning Giles his being at the cutler's?

Powel. If it please you, sir, I was at the cutler's.

Recorder. Name the time when and the place where.

Powel. The 5th of May, at a place called Uske in Monmouthshire, Mr. Giles and I, we came there; and Mr. Giles asked Peter Darcy, Whether he would mend him that sword or no? But Mr. Darcy had some business that he could not get time to mend it that morning, but would do it in the aftornoon. Says Darcy, Where have you been? you have been hot at it. What, have you been fighting with the devil? No, said he, with damned Arnold.

Recorder. What did you say when the cutler asked him, whether he had been fighting with the devil? And he said again, No, not with the devil, but with damned Arnold?

Powel. Peter Darcy said he must not speak such words; and Giles's wife plucked him by the coat, and bid him hold his tongue. Mr. Darnal. Who was by?

Powel. There was one Peter Darcy. Mr. Darnal, Was one John Jones there? Powel. I think there was another indeed by, the apprentice.

as I can guess, it was between twelve and one o'clock before he came to his bed, for after I was going to bed, about one o'clock I heard John Giles come up the stairs, and bid me good night; he called at my door just as I was pulling off my breeches to go into bed. Recorder. What time was this?

W. Richmond. As near as I can gues, it was between twelve and one, or very near one. Recorder. At what house was it? W. Richmond. The King's-Arms in St. Martin's-Lane.

Recorder. What did you say when the maid was making the bed?

W. Richmond. I asked her who it was for? And she said, for a man that was not willing to lie with any body.

Recorder. What time did you come to the house?

W. Richmond. About nine. Recorder. Did you stay in that house till that time?

W. Richmond. I lay in the house, sir. Recorder. You were not out of the house the while?

W. Richmond. No, sir, I was not out of it. Recorder. And you are sure that you did not see him again till he came to your door going to bed?

W. Richmond. Yes, sir.

Recorder. What time was that?
W. Richmond. Nigh one.

Mr. Thompson. You see the contradiction between this, and what this fellow says upon his examination; where he says he was a-bed at nine o'clock.

Recorder. Where did you go at that time?
Richmond. We went to Long Lane, to one

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