The Trial of Sir Miles Stapleton, at the Assizes at York, on Monday July the 18th, 1681.

THen and there the Prisoner appearing, having been arraigned, and pleaded Not Guilty to Indictment of High Treason, for conspiring the Death of the King, and Subver∣sion of the Government and Protestant Religion; after several challenged on both sides, the Jury sworn, were,

• Sir Barrington Boucher, Kt.
• Sir John Jennings, Kt.
• Richard Hutton, Esq
• VVelbrough Norton, Esq
• Tobias Hodgson, Esq
• John Beverly, Esq
• Anth. Frankland, Esq
• John Adams, Esq
• Francis Battery, Esq
• Francis Fuldgam, Esq
• Humphry Brooke, Esq
• Thomas Lee, Esq

To whom the Indictment being read, and then opened by Sir Thomas Stringer (of Counsel for the King in this Cause) the King's Witnesses were,

Mr. John Smith, who being sworn, told what he knew of the Plot in general (much like what he related at the Trial of my Ld. Stafford, to which the Reader is referred:) As to what he knew of the Plot in Yorkshire was, that while he lived with Mr. Jennison, Mr. Thwing the Priest, who had suffered as a Conspirator, much per∣swaded him to intreat Mr. Jennison to send his Daughters to Dolebank, where a Nunnery was Page  205to be erected; and he knew several that were there. That he told him Sir Miles Stapleton was ve∣ry zealous for promoting Popery, and had contri∣buted largely to it; and was engaged with seve∣ral others for making a Founder for Dolebank.

Then Mr. Robert Bolron deposed his Knowledg of the Plot, just as he had done before at Thwing's Trial, charging the Prisoner to have been at that Consult at Barnborow-hall in 1677, and thereat promised to give 200 l. towards the killing of the King; It being then resolved to be done, and Pickering mentioned to do it; and it was said, that if the D. of York did not please, they would serve him as they would serve his Brother.—That one Sherborn told him that Sir Miles was to be a Privy-Councellour, and that they would procure the Dukes consent to it. —That he was also at a Consult at Barnborow, June the 13th, 1678. and there it was agreed up∣on taking of Hull, the letting in of the French there; discoursing that the Ld. Bellasis had caused the Block-Houses to be almost ruin'd, that the French might more easily come in, and they had all Pardons for their Sins; and that he had seen a collusive Conveyance of the Prisoner's Estate.

Then Mr. Lawrence Mowbray deposed, that Sir Miles was at the Consult in 1676 at Rushton's Chamber, where Rushton gave him the Oath of Secrecy, and he promised to be true to the De∣sign, and would venture his Life and Estate for the promoting of so good a Cause.

Then Mr. Bayns was sworn; who only depos'd that he had seen Sir Miles at several meetings at Barnborough-hall, but knew nothing of what was discoursed thereat.

Then Sir Miles Stapleton began his Defence protesting his Innocency, and having cross exa∣min'd only Bolron, he called Mr. Lowther to prove he did not accuse him, when he was exa∣min'd by him; Yea, Mr. Lowther said, he told him that he knew nothing against Sir Miles, but believed he was clear. But afterwards he told him that Mowbray could accuse him, and of what; which Bolron denied both.

Then Sir Thomas Yarbrough testified that Bol∣ron told him also, Aug. 10, 1679. that he knew nothing of Sir Miles's being concern'd in the Plot, but believed him to be a very honest Gen∣tleman; only he knew he had made a collusive Conveyance of his Estate, as most Papists he be∣lieved had done, for Security.—Bolron denied this, and deposed that he accused Sir Miles to the Council, not in his first, but second Infor∣mation, which was after the 10th of August.

The Lady Yarbrough then gave in the same Testimony with her Husband.

Mr. Normanton testified that in June 1679. Bolron told him that Sir Tho. Gascoyne would give 1000 l. for killing the King, and the Lady Tempest would have hang'd him for breaking a Trunk, but now he would be even with her: and that Sir Miles Stapleton kept Priests in his House, but he would apprehend them presently, for he might have 20 l. apiece for taking of them.

Richard Pears, Sir Miles's Man, testified, that three or four days after his Master was taken in∣to Custody, Bolron asked him if they did not blame him for accusing his Master? and he say∣ing Page  207he did not hear him named; said he, it was not him, but I must not tell who it is; and said he would have gone to have seen Sir Miles, but I think (said he) he does not know me.

Then one Stephen Tompson declared some threatning Words of Bolrons against Sir Thomas Gascoyne, that he would do him some ill turn; but it not concerning the Prisoner, the Court would not admit it.

The Lady Vavasor said, she believed her Hus∣band was not at Barnborow in any part of the Year, because he was infirm at York (Bolron having sworn that Sir VValter Vavasor was one at that Consult) but this was not judg'd a conclusive Evidence.

Then Mr. Leggat said that he had heard Bolron say, he knew nothing against Sir Miles Stapleton.

And Mrs. Elizabeth Holmes said, that Bolron meeting her in London, said he heard she was to be a Witness against him at York, but if she would be kind to him, he would be so to her, and speak as favourably as he could; and he said, if he had known he should have been no better rewarded, he would never have been a Witness; the Devil should have been a Witness as soon as he.

Then Edward Cooper told what he heard Mow∣bray say, (as before in Thwing's Trial) but the Court observed that being before his Discovery, and while he was a Papist, and on the High-way, it could not be material.

Then Madam Sherborn testified that Bolron and Mowbray came to her house, under a pretence to search for Priests, and Bolron took away several Page  208parcels of Silver with him.—But the Court would not suffer such Evidence; besides that Mowbray deposed it was only Chalices and other Popish Trinkets.

After this the Counsel for the King called one Dixon, who swore that he had 40 s. prof∣fer'd him to be a Witness for Sir Tho. Gascoyne in Novemb. 1679.

Then Mr. VVilson deposed that Mr. Babbing∣ton, Sollicitor for Sir Miles, would have given him 10 l. and Hickeringil proffer'd him 10 l. to have been a Witness for Sir Miles.

Then Christopher Langley deposed also that VVil. Batley and John Ross proffer'd him two Oxen and ten Sheep to witness for Sir Miles those things they should direct him.

Richard Corker deposed, that he was by, and heard that very proffer made to Langley.

Then Mr. Baines deposed, that Mrs. Holmes proffer'd him 60 l. per annum, and Mrs. Hewit said she would give him more, if he would say nothing against Sir Miles.

After this Mr. Justice Dolben summ'd up the Evidence, and Baron Gregory proceeded to do the same, and then the Jury withdrew for half an hour, and gave in their Verdict, Not Guilty.