no wise man that knows Ireland would believe stoned him to death; so do I, for those who me. If I should confess, that I was able to with perjuries spill my innocent blood, saying raise 70,000 men in the districts of which I as St. Stephen did, O Lord, lay not this sin to had care, to wit, in Ulster; nay, even in all Ire-them. I do heartily forgive them, and also land, and to have levied and exacted monies from the judges, who (by denying me sufficient time the Roman clergy for their maintenance, and to bring my records and witnesses from Ireto have prepared Carlingford for the French's land) did expose my life to evident danger. I landing, all would but laugh at me, it being do also forgive all those who had a hand in well known, that all the revenues of Ireland, bringing me from Ireland to be tried here, both spiritual and temporal, possessed by his where it was morally impossible for me to have majesty's subjects, are scarce able to raise and a fair trial. I do finally forgive all who did maintain an army of 70,000 men. If I will concur, directly or indirectly, to take away my deny all those crimes (as I did, and do), yet it life, and I ask forgiveness of all those whom I may be that some, who are not acquainted with ever offended by thought, word, or deed. the affairs of Ireland, will not believe that my denial is grounded upon truth, though I assert it with my last breath. I dare venture further, and affirm, That if these points of 70,000 men, &c. had been sworn before any protestant jury in Ireland, and had been even acknowledged by me at the bar, they would not believe me, no more than if it had been deposed and confessed by me, that I had flown in the air from Dublin to Holy-Head. I beseech the all-powerful, that his divine majesty grant our king, queen, and the duke of York, and all the royal family, health, long life and all prosperity in this world, and in the next everlasting felicity. Now that I have shewed sufficiently (as I think) how innocent I am of any plot or conspiracy, I would I were able, with the like truth, to clear myself of high crimes committed against the divine majesty's commandments (often transgressed by me), for which I am sorry with all my heart; and if I should, or could live a thousand years, I have a firm resolution, and a strong purpose, by your grace (0 my God) never to offend you; and I beseech your divine majesty, by the merits of Christ and by the intercession of his blessed mother and all the holy Angels and Saints, to forgive me my sins, and to grant my soul eternal rest. Misere mei Deus, &c. Parce animæ, &c. In manus tuas, &c.' P.S. To the final satisfaction of all persons, that have the charity to believe the words of a dying man, I again declare before God, as I hope for salvation, what is contained in this paper is the plain and naked truth without any equivocation, mental reservation, or secret evasion whatsoever; taking the words in their usual sense and meaning, as protestants do, when they discourse with all candour and sincerity. To all which I have here subscribed my hand.† OLIVER PLUNKET. You see, therefore, what a condition I am in, and you have heard what protestation 1 have made of innocency, and I hope you will believe the words of a dying man; and that you may be the more induced to give me credit I assure you, That a great peer sent me notice that he would save my life, if I would accuse others: but I answered, That I never knew of any conspirators in Ireland, but such (as I said before) as were publicly known outlaws; and that, to save my life, I would not falsly accuse any, nor prejudice my own soul. Quid prodest homini,&c. To take away any man's life or goods wrongfully, ill becometh any christian, especially a man of my calling, being a clergyman of the catholic church, and also an unworthy prelate, which I do openly confess. Neither will I deny to have exercised in Ireland the functions of a catholic prelate, as long as there was any connivance or toleration; and by preaching and teaching, and statutes, to have endeavoured to bring the clergy (of which I had a care) to a due comportment, according to their calling; and though thereby I did but my duty, yet some, who would not amend, had a prejudice for me, and especially my accusers, to whom I did endeavour to do good; I mean the clergymen; (as for the four lay-men, who appeared + Of this case Mr. Fox observes that the king against me, viz. Florence, Macmoyer, the two " even after the dissolution of his last parliaNeals, and Hanlon, I was never acquainted ment, when he had so far subdued his enemies with them), but you see how I am requitted, as to be no longer under any apprehensions from and how by false oaths they brought me to this them, did not think it worth while to save the untimely death; which wicked act being a life of Plunket the popish archbishop of Armagh, defect of persons, ought not to reflect upon the of whose innocence no doubt could be enterorder of St. Francis, or upon the Roman Ca-tained. But this is not to be wondered at, since tholic clergy; it being well known, that there was a Judas among the twelve apostles, and a wicked man, called Nicholas, among the seven deacons; and even, as one of the said deacons, to wit, holy Stephen, did pray for those who *According to Bulstrode, Memoirs 318, Plunket, at the place of execution, spoke what is here called Postscript, concluding at the words candour and sincerity.' in all transactions relative to the popish plot, minds of a very different cast from Charles's became as by some fatality divested of all their wonted sentiments of justice and humanity" Fox's Hist. James II. 279. The Trial of Sir MILES STAPLETON, bart. at York Assizes, for High Treason: 33 CHARLES II. A. D. 1681. SIR Miles Stapleton, baronet, was indicted at the sessions of Oyer and Terminer at the West riding of the county of York, and the indictment was removed by a Writ of Certiorari to the King's-bench, where sir Miles Stapleton hav-rously to kill our said lord the king, and to ining been arraigned, and pleaded to the same Not Guilty, was sent down to be tried in the county of York. The Indictment was as followeth : sult and agree to contribute, pay and ex- Clerk of Assize. Hold up thy hand, sir Cl. of Assize. How wilt thou be tried? Clerk. of Assize. Sir Miles, this understand. you, 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 life; therefore if you will challenge any of them, you are to challenge them as they come to be sworn, and before they be sworn. The Jury being called, Mr. Justice Dolben took notice tó sir Miles, that there were but few appeared, and therefore told him, he would do well not to challenge too many of them. Sir Miles thereupon said, he should not challenge many; and enquired whether those that served on the lady Tempest's, Mr. Thwing's, and Mr. Ingleby's juries did now appear; and the judge answered him, that if they did, care should be taken that they should not be sworn. "Sir Miles Stapleton, late of Carleton in the county of York, baronet, stands indicted, for that he, as a false traitor against our illustrious and excellent prince, king Charles the second, his natural lord, not having God before his eyes, nor weighing the duty of his allegiance, but by the instigation of the devil being moved and seduced, the cordial love, and true, due, and natural obedience, which true and faithful subjects of our lord the king should bear to him, and of right are bound to bear, wholly with drawing, devising, and with all his power intending to disturb the peace and common tranquillity of this realm, and to bring and put our said lord the king to death and final destruction, and the true worship of God in this kingdom by law established and used, to alter to the superstition of the church of Rome, and to move and stir up war against our said lord the king in this realm, and to subvert the government of this kingdom, the 30th day of May, in the 31st year of our said lord the king's reign, at the parish of Barwick in Elmett in the said county of York, in the West-riding of the same county, with divers other false traitors unknown did traiterously compass, imagine and intend, the death and final destruction of our said lord the king, and to change and alter, and wholly to subvert the ancient government of this realm, and to depose and wholly to deprive the king of the crown and government of the said kingdom and to root out the true Protestant religion: And to fulfil and accomplish the same most wicked treasons, and traiterous imaginations and purposes, the said sir Miles Stapleton, and other false traitors unknown, on the said 30th of May in the 31st year aforesaid, with force and arms at the parish of Barwick aforesaid, Just. Dolben. Sir Miles, I see you must stay advisedly, devilishly, maliciously and traite-till the next assizes, for you challenge so many, rously, did assemble, unite and gather them- here will not be a jury gotten. selves together, and then did devilishly, advisedly, maliciously, craftily and traiterously, consult and agree, to bring our said lord the king to death and final destruction, and to depose and deprive him of the crown and government, and introduce and establish the religion of the Romish church in this realm: and the sooner to fulfil and accomplish the said most wicked treasons and traiterous imaginations and purposes, the said sir Miles Stapleton and other unknown traitors, then and there advisedly, maliciously and traiterously, did further con Then the Jury being called to the book, sir Miles challenged these, viz. Sir David Fowles, bart. John Estoft, William Bethel, William Caley, Towers Driffeild, Marm. Trueman, John Wright, John Green, esquires; Rob. Bell, John Dixon, Thomas Wood, Robert Turner, John Beckwith, Simon Warrener, Gervasę Hatfield, John Coats, gentlemen. And only two of the jury returned, viz. Tho. Fletcher, Rob. Gudgeon, were sworn. Sir Miles. If your lordship please, I shall be content, and do desire the jury may be called that served the first day; nay, all the three juries, if you please. Just. Dolben. That is, you would chuse all of one way, and leave the others; where is the indifferency of the trial then; but come, call them, I cannot deny it. p. The three Juries called, and five challenged, * See the Note to Thwing's case, vol. 7, 1162, of this Collection. viz. Tho. Worseley, esq. Samuel Tennant, Ro- | bert Bushel, Roger Stretwel, gents. Roger Lee, esq. And these sworn, viz. Sir Tho. Pennyman, bart. Thomas Rokely, esq. William Stone, Thomas Conyers, Christopher Tankard, esq. who was excepted against by sir Thomas Stringer, as one that disparaged the evidence of the Plot, and called his dogs by the names of Oates and Bedloe; which the judges allowed to be a good exception; but there being no witness in the court to prove it, he was sworn. Just. Dolben. Sir Miles, you must stay till the next assizes, we have not a full jury. Sir Miles. Here are gentlemen in the court, your lordship may take whom you please. Just. Dolben. I cannot do it without the king's counsel move for a Tales, which as this case stands they will not do. Sir Thomas Stringer. May it please your lordship, and you gentlemen of the jury: Sir Miles, the prisoner at the bar, stands here indicted of the greatest and blackest treasons that can be invented by the worst of men; he stands here indicted for endeavouring to depose the king from his crown and dignity; and imagin-, And so he was remanded to prison, and Re-ing and compassing the death of the king, to 'manet pro defectu Juratorum' until the 18th day of July, 1681. And at the assizes then holden for the county of York, before Mr. Just. Dolben, and Mr. Baron Gregory, was proceeded against as followeth : Clerk of Assize. Sir Miles Stapleton, hold up thy hand; thou standest indicted by the name of Miles Stapleton, late of Carleton in the county of York, bart. &c. prout in the Indictment. After Not Guilty pleaded to the Indictment, and other formalities of the Court, as before, these gentlemen following were called. Sir Thomas Maleverer, kt. challenged by the king's counsel. Sir Roger Beckwith, kt. challenged by the king's counsel. Sir Miles. Are any challenged? Just. Dolben. Yes, there are two challenged for the king. Sir Miles. I hope they must shew cause why they challenge them. Just. Dolben. Yes, they shall, but they are not bound to shew cause before the pannel be gone through, and then, if you desire it, they will shew cause; but I suppose sir Thomas Maleverer married a kinswoman of your's, and if so, it is a good exception. Sir Miles. I desire it may be proved. Richard Audbrough, esq. challenged by the king. John Dodsworth, esq. challenged by the king. Isaac Fairfax, esq. Christopher Bradshaw, esq. challenged by sir Miles. These following were called and sworn, viz. Sir Barrington Boucher, kt. Sir John Jennings, kt. Richard Hutton, Wellbrough Norton, Tobias Hodson, John Beverley, Anthony Frankland, John Addams, Francis Battery, Francis Fuldgam, Humphrey Brook, Thomas Lee, esquires. Cryer. Twelve good men and true, stand together and hear your evidence. Clerk of Assize. Sir Miles Stapleton, hold up your hand (which he did). Gentlemen, you of the jury that are sworn, look upon the prisoner, and hearken to his charge; you shall understand that he stands indicted by the name of sir Miles, &c. prout in the Indictment; upon this Indictment he hath been arraigned, and thereupon pleaded Not Guilty, and for his trial alter the established gevernment, and root out the true Protestant religion, and to establish the Romish religion among us. Gentlemen, to compass these wicked designs we shall prove there hath been several consults where the prisoner at the bar hath been, and where he hath contributed money to carry on these wicked designs: and gentlemen, I must acquaint you, there hath been a horrid Plot against the king and government, and I need not do it, for it hath been made notoriously known; not only parliaments have declared it so, but there have been noblemen, gentlemen, and priests, nay, some men have been found guilty for carrying on the horrid design, and have received their deserts. This Plot, gentlemen, is no new Plot, not a Plot of a day, nor of an age; but a Plot that hath been carried on for an hundred years. My lord, since we were delivered by God's mercy from the Popish religion by the Reformation; ever since that time, the Pope, the Jesuits, the priests, and those of the Popish persuasion, have, my lord, been from time to time, and ever since, endeavouring to carry on this wicked design, and had destroyed us long since, if we had not been by God Almighty, from time to time, delivered from their power. And you, gentlemen of the jury, I must tell you, this Plot was carried on in queen Elizabeth's time; and as they did in this Plot carry on their designs, with the king of Spain at Valladolid in Spain. The king of Spain, he joined with the Popish party. here; but it pleased the Lord to take the queen to his mercy, before the Plot was effected. And I must tell you, the same men of the same quality that carried it on then, have now endeavoured to carry it on in these days. My lords, the king of Spain, though he was a Papist, yet it was so horrid a thing, that he left them to carry on their wicked design, and God Almighty did preserve the queen. My lords, they rested not here; but in king James's time they designed to have destroyed both king and parliament at one blow, and thereby the whole nation in its representatives, and this they managed by Guy Vaux and others. And all king Charles's time the same Plot was on foot, and pray bow far did they bring it? they brought it to the death of that gracious king, and the sad effects of a civil war; and they have brought it in these days to raise officers, generals, major generals, and other officers, and proceeded so far that actual commission was delivered for destroying our king, and if this had not been by God's mercy prevented, what would have been the evil effects thereof, ere this day? And, gentlemen, I must tell you, that which is now before you is the greatest, and most wicked design that ever was before men; and though you be of the relations and kindred, yet I know if you have but conscience and right in you, you will give a verdict according to the justness of the thing, and the evidence you shall have. Sir John Ottwith. We call Mr. Smith first, who will give you an account of the plot in general. Mr. John Smith called and sworn. Just. Dolben. Mr. Smith, pray tell the court what you know of the plot. 1 came to the English college, my lord, I was informed of one Father Anderton, rector of that college, and Father Mondford, who told me, that by means of this cardinal Norfolk they did not doubt but to take the king out of the way; and that they would give me all privileges that could be for a young man in that time. When I was coming away, my lord, from Rome, and had my letters emissaries, by cardinal Perorin (he sent for me when I was coming away, and as is usually done to all scholars, and they kiss the pope's toe, and he gives them his blessing and particular indulgence; which I had when I came into England) said he to me, there is one man in the way who hath made us fair promises, but will perform nothing, therefore we must take him out of the way, and that I might be instrumental in the design; with this, my lord, I took leave of the college, and we came five into England as priests, and I made my application to the arch-priest, which was in London, one Purrat, and I was employed a long time by him in England; but proclamations coming forth for the apprehending popish priests, I was constantly after at the Portugal embassador's chapel, where this Purrat had a chamber, wherein I discoursed with several of the clergy in England, who said they doubted not but came after that to live at one Mr. Jennison's house, where the clergy had several meetings, and we were all of opinion that course would be taken with the king, unless he brought in popery. And this, my lords, is all I can say in general. Just. Dolben. Do you know of any conspiracy in Yorkshire? Smith. I must speak of it then what I have done beyond sea, my lord. My lords, I remember when I had been first beyond sea, I became acquainted with one abbot Montagu and Mr. Thomas Car, at Paris, and they told me then, if I came to the Romish religion what preferment I should have here in England; they told me what friends they made in Eng-popery would soon be settled in England. I land, they named several persons about the court, and several gentry in England which I did not then know to be papists. I staid some time among them in Paris, and all this while I did not pervert to the Romish religion; though they told me how many Jesuits they had sent over into England. After I left France I was going for Rome, where I met with Father Anderton, rector of the English college, and Father Southwel, and father Campion, who introduced me into the acquaintance of cardinal Grimaldi, which is an Italian name, but he is archbishop of that place; I happening there, they carried me to speak to the cardinal, and he told me what likelihood there was for introducing the Romish religion into England, and he told me, he would prefer me very well there, if I would turn to their religion; and gave me letters to several friends in Italy: At last I was perverted to the Romish religion, by virtue of this cardinal; and this gentleman at last asked me if I had a mind to study, I told him yes, so I came into an Italian college, and became acquainted with all the sec lar priests, both English, Scotch, and French; who told me what interest they had made in England, during the coming in of cardinal Norfolk, and said, there was but one man in the way, meaning the king, and said they should soon remove him. Just. Dolben. Did they mean the king? Smith. Yes, my lord, they said there was but one man in the way, and that they would soon make an end of him, and that they had men ready in England for it. After this, my lord, I left this Italian college, and came to the English college (for I had a mind to come there) and I made friends with the jesuits: After Smith. My lord, I am coming to that. When I came to Mr. Jennison's house, there was one Mr. Thwing, a priest, who has suffered as a conspirator, he was well acquainted in the house before I came there, and did very much to persuade me that I would intreat Mr. Jennison to send his daughters to a place called Dolebank, where a nunnery was to be erected, and I knew several that were there. This Mr. Thwing came to me oftentimes, and several priests in this city, and they all pressed me to it, but I was against it, knowing what their design was. Just. Dolben. But do you know any thing against the prisoner? Smith. All that I can say to the gentleman at the bar, is this: I never saw him before to my knowledge; but Mr. Thwing, when we were at Mr. Jennison's, and discoursing of the Plot, asked me how they gave money in the Bishoprick, I told him some gave more, some less. Just. Dolben. What were those Collections for? Smith. My lord, it went among ourselves under the notion of killing the king, and rooting out the Protestant religion; but we gave it out that it was repairing a college at Doway, which, if granted, had been penal by law. Then I asked him, how doth the collections go among you in Yorkshire, Some, saith he, give freely; but, saith he, my uncle and his friends are engaged another way; for, saith he, they are going to make a founder for Dolebank; several persons he named, among which he named this gentleman. Just. Dolben. What said he of sir Miles? Smith. He said sir Miles was very zealous for promoting the Roman Catholic religion, and had contributed largely for the introducing of it into England. Baron Gregory. You say that amongst yourselves you gave it out, that the money that was raised was for the killing of the king, and rooting out the Protestant religion; pray, by what way and means was it to be done, was that ever discoursed among any of you; was it for raising of an army? or what was it for? Smith. Wherever I was, my lord, it was resolved, that that was the most effectual means for the introducing of popery. Mr. Robert Bolron called and sworn. Sir Thomas Stringer. Mr. Bolron, acquaint my lords and the jury, what you know of sir Miles Stapleton. Bolron. May it please your lordship, I came to live with sir Thomas Gascoigne in 1674, as steward of his coal-works; and was then a Protestant, but was persuaded by Mr. Rushton, sir Thomas, and others, to turn Roman Catholic; when I had turned Roman Catholic, about 1676, they came and asked me, what I would do for the Romish religion, if it should come to it; I told them, I would venture my life in that cause, and then I went to BarmbowHall, where I took the oath of secrecy; after that I went to Barmbow-Hall, where sir Miles Stapleton was at a consult in 1677. Just. Dolben. At what time in 1677? Bolron. It was about Whitsuntide, lord. they would serve him as they would serve his brother. Baron Gregory. Who said these latter words? Bolron. Sherby of Stone-house said these latter words, and Mr. Shereburn said Justice Dolben. No matter what Mr. Shereburn said. What said sir Miles ? Bolron. The gentlemen said, that sir Miles should be a privy counsellor, and that they would procure the duke's consent to it. Just. Dolben. Is that all? Botron. My lord, I was further at a consult in 1678, about the 13 or 14th of June. Baron Gregory. What time was that? Bolron. The 13th day of June 1678, and there it was agreed upon the taking of Hull, the letting in of the French there, as the fittest place for the French to land at. Just. Dolben. Where was this? Bolron. At Barmbow; and likewise they did discourse, that my lord Bellasis had caused the block-houses to be almost ruined, that the French might more easily come in; and we had all pardons for our sins. Mr. Lawrence Mowbray called and sworn. Sir Tho. Stringer. Mr. Mowbray, tell my lords and the jury what you know against sir Miles Stapleton, the prisoner at the bar. Mowbray. My lords, you have heard what Mr. Smith and Mr. Bolron say to the Plot in general; what I say shall be very brief, in relation to sir Miles Stapleton, and no further. Sir Miles Stapleton being present with sir Tho. Gascoigne, my lady Tempest, esquire Gascoigne, and several others, they held several discourses concerning a design of killing the king, subverting the government, and bringing in popery, and accordingly they would fire my London. Just. Dolben. That was the Whitsuntide after you bad taken the oath of secrecy? Bolron. Yes, my lord. Just. Dolben. Who was there? Bolron. Sir Miles Stapleton, sir Tho. Gascoigne, Mr. Gascoigne his son, my lady Tempest, lawyer Ingleby, Mr. Thwing, father Rushton, and several others. Baron Gregory. What was there done at that consult? Bolron. My lord, the consult was about killing the king, and establishing a nunnery at Dolebank, near Ripley; sir Tho. Gascoigne gave 904. per ann. and 300l. for killing the king; and I remember very well, Pickering was mentioned about killing the king; and they asked sir Miles Stapleton what he would give? and he said, 2007. for killing the king. Just. Dolben. Are you sure that in the presence of sir Miles Stapleton it was resolved the king should be killed? Bolron. Yes, my lord, it was resolved both by him and all others, that the king should be killed; and, my lord, I heard them further say, if the duke of York did not please, that Baron Gregory: When was this? Mowbray. This was in 1676, where father Rushton gave him an oath of secrecy, and he promised to be true to the design, and would venture his life and estate for the promoting so good a cause. Just. Dolben. Did you hear sir Miles Stapleton say he would adventure his life and estate for killing of the king? Mowbray. Yes, my lord. Just. Dolben. And was it resolved at that consult?-Mowbray. Yes, my lord. Just. Dolben. And he consented to it ? Mowbray. Yes, my lord, and took the oath of secrecy from father Rushton. Just. Dolben. This is not the time that Mr. Bolron speaks of. Mowbray. No, my lord, he speaks of 1676 and 1678, this was in 1678. Bolron. I have seen in 1675 a collusive conveyance of sir Miles Stapleton's estate to sir John Daney. Just. Dolben. Where did you see it? Bolron. I did see it at sir Thomas Yarbrough's, and he asking me when sir Miles Stapleton was at sir Tho. Gascoigne's; may it |