THE TRYAL OF Sr Tho. Gascoyne Bar. FOR HIGH-TREASON, In Conspiring The Death of the KING, THE Subversion of the GOVERNMENT, AND Alteration of RELIGION, On Wednesday the 11th of February 1679.

At the Bar of the KINGS BENCH, BEFORE The Right Honourable Sir William Scroggs Lord Chief Justice, And the rest of the Judges of that Court.

LONDON: Printed for Tho. Basset, and Sam. Heyrick; at the George in Fleet-street, and at Greys-Inne-gate in Holborn. 1680.

THE TRYAL OF Sir Tho. Gascoyne Bar.

On Saturday the 24th of Jan. 1679, Sir Tho. Gascoyne was brought to the Bar of the Court of Kings-bench, to be Arraigned for High­Treason; which was done accordingly in this manner.

Clerk of Crown.

SIr Thomas Gascoyne, hold up thy hand.

Sir Tho. Gasc.

I cannot hear.

Clerk.

He saies he cannot hear.

L. C. J.

Then somebody must repeat it that stands by him.

Mr. Recorder.

Do you hear what I say to you?

Sir Tho. Gasc.

No, I cannot hear, I am very deaf.

Then the Clerk of the Crown went down close to the Bar, and went on thus:

Clerk of Crown.

Sir Thomas Gascoyne, hold up thy hand.

[which he did.]

Thou standest indicted by the name of Sir Thomas Gas­coyne, late of the Parish of Elmett in the West-riding in the County of York, Bar. for that thou, as a false Traytor against our most Illu­strious and excellent Prince King Charles the second, thy natural Lord, not having the fear of God in thy heart, nor weighing the duty of thy Allegiance, but by the instigation of the Devil moved and se­duced, the cordial love, and true, due, and natural obedience which true and faithful Subjects of our said Lord the King should bear to him, and of right are bound to bear, wholly withdrawing, devising, [Page 4] and with all thy 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 unto 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 thirtieth day of May, in the one and thirtieth 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 Traytors unknown, didst tray­terously 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 this Kingdom; and to root out the true Protestant Religion. And to fulfil and accomplish the same most wicked Treasons and trayterous Imaginations and Purposes, the said Gascoyne, and other false Traytors unknown, on the said thirtieth day of May, in the one and thir­tieth year aforesaid, with Force and Arms, &c. at the Parish of Barwick aforesaid, advisedly, divelishly, maliciously, and trayterously, did assemble, unite, and gather together themselves, and then and there did devilishly, advisedly, maliciously, craftily, and trayterously consult and agree to bring our said Lord the King to death and final destruction, and to depose and deprive him of his Crown and Govern­ment, and to introduce and establish the Religion of the Roman Church in this Realm. And the sooner to fulfil and accomplish the same most wicked Treasons and trayterous Imaginations and purposes, thou the said Gascoyne, and other unknown Traytors, then and there, advisedly, maliciously, and trayterously, did further consult and agree to contri­bute, pay, and expend divers large sums of money to divers of the King's Subjects and other persons unknown, to procure those persons unknown trayterously to kill our said Lord the King, and to intro­duce the Roman Religion into this Realm. And that thou the said Gascoyne afterwards (to wit) on the said thirtieth day of May, in the one and thirtieth year aforesaid, at the Parish aforesaid, didst false­ly, advisedly, craftily, maliciously, and trayterously, sollicit one Robert Bolron to kill our said Lord the King; and then and there, with an intent sooner trayterously to encourage the said Bolron to undertake the killing and murthering of our said Lord the King, offeredst there­fore to give and pay the said Bolron a thousand pounds of lawful money of England: against the duty of thy Allegiance, against the Peace of our said Lord the King, his Crown and Dignity, and against the form of the Statute in such Case made and provided. How sayest thou, Sir Thomas Gascoyne, art thou guilty of this High-Trea­son whereof thou standest indicted, and hast been now arraigned, or not guilty?

Sir Tho. Gascoigne.
[Page 5]

Gloria Patri, Filio & Spiritui Sancto, I am no guiltie.

Clerk of Crown.

Not guiltie, you must say.

Sir T. Gasc.

Not guiltie; nor any of my Familie were ever guiltie of any such thing. I hope I shall be tryed fairly.

Clerk of Crown.

How will you be tryed?

Sir T. Gasc.

By God and my Countrie.

Clerk of Crown.

God send thee a good deliverance.

Sir T. Gasc.

I desire, that in order to my Trial, I may have a Jurie of Gentlemen, of Persons of my own Qualitie, and of my own Countrie, that may be able to know something how I have lived hitherto; for I am above Fourscore and five years old.

L. C. J.

Tell him he shall have a good Jurie of Gentlemen of his own Countrie.

Sir T. Gasc.

And besides, my Lord, I desire to know when I shall be tried.

Mr. Att. Gen.

Some time about the latter end of the Term, as soon as I can get a Jurie up.

Sir T. Gasc.

I do not know whether I can produce all my Wit­nesses at that time, if there be not a longer time allowed me; for I have a great many Witnesses to fetch up. These Witnesses must be all here, or I can't make my Defence; and I know not how they shall be got hither in so little time.

L. C. J.

Tell him he may have what Witnesses he pleases, and the aid of this Court to fetch them.

Mr. Justice Dolben.

Name them who they are.

Mrs. Ravenscroft.

My Lord, some of his Witnesses are at Pa­ris.

Mr. Justice Dolben.

Why, he will not be tried yet this fort­night.

Mrs. Ravenscroft.

They will not have time to come over between this and that.

Mr. Justice Dolben.

Mistriss, he had reason to believe that he should be tried some time this Term; for so the Council ordered it: and therefore he should have got his Witnesses ready.

Mrs. Ravenscroft.

My Lord, he did not know where they were till a week ago.

Mr. J [...]stice Dolben.

Look you, Mr. Attorney, here is a Ladie that is, I suppose, fome Relation to this Gentleman.

Mrs. Ravenscroft.

He is my Grandfather, my Lord.

Mr. Justice Dolben.

She saies a fortnights time will be too little to get his Witnesses together for his Defence, because some of the Wit­nesses are beyond Sea at Paris, she saies.

Mr. Att. Gen.

My Lord, I am willing he should have as long time as the Term will allow of: But sure that is long enough to get any Witnesses from Paris.

L. C. J.

What say you to Sir Miles Stapleton? I see he is joyned in the Indictment.

Mr. Att. Gen.
[Page 6]

My Lord, he is not come up yet.

L. C. J.

Will you trie the one without the other?

Mr. Att. Gen.

Yes my Lord, if we cannot have both. He is in the hands of the Messenger at York. We have writ down to know the state of his health to some of the Justices of the Peace, and the Messenger returns word, he is sick and can't come. I have sent down an Habeas Corpus to the Messenger to bring him up; let him return a Languidus at his peril: that's all I can do.

L. Chief Just.

Well, what day do you appoint for Sir Thomas his Trial?

Mr. Att. Gen.

Tuesday come fortnight▪ I think will be a good day.

Mr. Justice Dolben.

By that time, Mistris, you may get your Witnesses; you must send a Messenger on purpose.

Mrs. Ravenscroft.

But if the wind should be contrarie, my Lord, and they cannot be brought over?

Mr. Justice Dolben.

'Tis not an usual thing to have the winds long contrarie between Dover and Cali [...]e.

Mrs. Ravenscroft.

But if it do fall out that he wants a material Witness at his Trial, I hope his life will be considered.

Mr. Justice Dolben.

He should have had them readie; he had warning before.

Mrs. Ravenscroft.

We cou'd do it no sooner, because we knew not where they were.

Mr. Justice Dolben.

He saith, he hath a great many Witnesses; are they all at Paris?

Mr. Att. Gen.

There are a great many in Town we know al­readie.

Mrs. Ravenscroft.

If we had known when exactly, we might have been more readie perhaps.

Mr. Att. Gen.

But we could give no notice sooner; it is early in the Term now. But there is time enough to get any Witnes­ses.

L. C. J.

Aye, you may send to Paris a great many times between this and that.

Mrs. Ravenscroft.

What if the Letter miscarry, my Lord?

Mr. Justice Dolben.

Why, you must send a special Messenger.

Mr. Att. Gen.

My Lord, if you please, let it be Wednesday fort­night, the last day but one of the Term; because I would give him as much time to provide himself as I can.

Mr. Justice Pemberton.

Well, Mistriss, you must send a special Messenger; we must not consult your conveniencie; do it as well as you can, you have time enough.

Mr. Justice Dolben.

Your Grandfather is a man of an Estate, he may very well in this Case be at the charge of a special Messen­ger.

Mrs. Ravenscroft.

But what if the winds be contrarie, must my Grandfather's life be lost?

L. Chief Justice.
[Page 7]

We must give you that favour we can by Law, and you must be content. Tell us at the Trial what you have done.

Then the Lieutenant of the Tower was ordered to take the Prisoner back, and by rule to bring him to the Bar on Wednesday the 11th of February. On which day the Prisoner being brought up, the Tryal proceeded thus:

Mr. Att. Gen.

My Lord, here is an extraordinarie matter: Sir Thomas Gascoigne had a Rule for some friend to assist him, by rea­son of the defect of his hearing; and now there are three of them that are got among the Jurie.

L. C. J.

No, no, they must come in of the inside of the Bar.

Mr. Att. Gen.

Pray let him tell which he will make choice of; for he is by the Rule to have but one.

Mr. Justice Pem [...]on.

Tell him there can but one stay.

Counsel.

He saies one of them came out of the Countrie, and knows the persons that are the Witnesses, which he does not him­self.

L. Chief Justice.

Well, let the other come in, let him have them both.

Counsel.

He saies, the principal man he depended upon, is clapt up.

L. C. J.

Well, we can't help that.

Then way was made for the Jury to come up to the Stand, and Proclamation for Information was made in usual manner.

Clerk of Court.

Sir Thomas Gascoign, hold up thy hand.

Sir T. Gasc.

I cannot hear what is said.

Clerk of Crown.

Those good men which were lately called, and have appeared, are to pass, &c.

L. C. J.

Tell him the effect of it. If he will make any Challenges to the Jurie, he must speak before they are sworn.

Hobart.

If you will challenge any of the Jury, you must speak to them before they are sworn.

Sir T. Gasc.

I cannot hear who is called.

L. C. J.

Tell him who is called.

Clerk of Crown.

Sir Thomas Hodson.

Hobart.

This is Sir Thomas Hodson, Sir.

Sir T. Gasc.

What must I say? Aye, or No?

Hobart.
[Page 8]

Do you except against him?

Sir T. Gasc.

No.

Who was sworn.
Clerk of Crown.

Richard Beaumont Esq

Hobart.

Do you challenge him, Sir?

Sir T. Gasc.

No.

Mr. Att. Gen.

Pray, my Lord, here is Sir John Cutler in the Pan­nel, one that lives in Town, and is the Fore-man of the Jurie; I desire the Court to take notice of his not appearing in parti­cular.

Clerk of Crown.

John Gibson Esq The Priso [...]er challenged him.

Mr. Serj. Maynard.

I perceive they skip a great many; pray call them as they are in the Pannel, and record their Non-appearance in Court.

Which was done accordingly; but their Names that did not appear, for brevitie sake, are omitted.

Clerk of Crown.

Nicholas Maleverer Esq

Mr. Att. Gen.

We challenge him for the King. I perceive the best Gentlemen stay at home.

Mr. Serj. Maynard.

Yes, 'tis so small a business.

Clerk of Crown.
Beckwith Esq(Challenged by the Prisoner.
Stephen Wilks Esq(Sworn.
Matthew Prince Esq(Challenged by the Prisoner.
Thomas Graver Esq(Challenged by him.
Jervas Rockley Esq(Sworn.
William Walker Esq(Challenged by the Prisoner.
John Di [...]mocke Esq(Challenged by him.
Samu [...]l Jenkinson Esq(Challenged by him.
Robert Leeke Esq(Sworn.
William Batt Esq(Sworn.
Richard Burton Esq(Challenged by the Prisoner.
Robert Auby Esq(Challenged by him.
Charles Best Esq(Sworn.
Robert Long Esq(Challenged by the Prisoner.
John Crosse Esq(Sworn.
Barton Allett Esq(Sworn.
William Milner Esq(Sworn.
John Oxley Esq(Sworn.
Francis Oxley Esq(Sworn.
Clerk of the Crown.

Cryer, count these.

[Page 9]

Sir Thomas Hodsen,Jur.Charles Best,
Richard Beaumont,John Crosse,
Stephen Wilks,Barton Allett,
Jervas Rockley,William Milner,
Robert Leeke,John Oxley, and
William Batt,Francis Oxley.
Cryer.

Twelve, good men and true, stand together and hear your Evidence.

Clerk of the Crown.

Sir Thomas Gascoigne, hold up thy hand. Gentlemen, you of the Jurie that are sworn, look upon the Priso­ner, and hearken to his Charge. You shall understand, that he stands indicted by the name of Sir Thomas Gascoigne late of the Parish of Elmet, &c. Prout in the Indictment mutatis mutandis. Upon this Indictment he hath been arraigned, and thereunto pleaded Not guiltie; and for his Trial hath put himself upon his Countrie; which Countrie you are, &c▪

Then Proclamation for Evidence was made, and Dormer Esq of Counsel for the King in this Cause, opened the Indictment, thus:

Mr. Dormer.

May it please your Lordship, and you, Gentlemen of the Jurie, Sir Thomas Gascoigne Baronet, the Prisoner at the Bar, stands indicted for high Treason, in conspiring the Murder of his Majestie, the Subverting of the Government, and the introducing the Romish Religion. And for the effecting these purposes, the In­dictment sets forth, That the said Sir Thomas Gaseoigne, Sir Miles Stapleton, and other false Traytors, the 30th of May last, at the Pa­rish of Elmet in the West-riding of the Countie of York, did assemble together, and there resolved to put their Treasons in execution. And the better to accomplish their said Treasons and traiterous Imaginati­ons, they did agree to contribute several large sums of money to several of his Majesties Subjects unknown, to introduce Poperie, to kill the King, and subvert the Government: And that Sir Tho­mas Gascoigne did sollicit Robert Bolrond to kill the King, and for that service he was to pay him 1000l. To this he hath pleaded Not guiltie: if the Kings Evidence prove the Charge of the Indict­ment, your dutie is to finde him guiltie.

Mr. Serj. Maynard.

May it please your Lordship, and you, Gen­tlemen of the Jurie, you have heard the Indictment, and it hath been opened to you. There can be no greater Crime charged upon any, than that this Gentleman is accused of. The designe hath been to kill and murder the King, to change the Religion and the Government; and to effect this, they make Assemblies, they offer [Page 10] Money: and this, my Lord, we shall prove. 'Tis no new Crime, divers have suffered for the like alreadie; and we shall not need to make any aggravations, for indeed it cannot be aggravated more than the plain matter it self is. We shall call our Witnesses, and prove it directly upon him, even by two Witnesses; and we shall prove, that he held intelligence with one Preswicke a Priest; Let­ters between him and that person are found in his custodie, and we shall produce one of them wherein it does appear, that there was Intelligence between them, and Consultations had about the Oath of Allegiance; and that Praud did write to him, that it was a dam­nable Oath condemned by the Sorbonnists: And upon that point hangs the changing of Religion; for the Oath of Allegiance is the great Touchstone to discover mens sinceritie by, and the great Bond to tie them to the Government, and to the Protestant Religion. And we shall [...]ikewise prove another Passage in a Letter indorsed with the Prisoner's own hand, wherein there is an expression to this purpose: That if England be converted, (the Priest writes this to him) then how a sum of Ninety pound was to be disposed: which was, as you shall hear, and we shall prove, in a Nunnery. If Eng­land be converted, that clearly shews what was their intention, not onely to destroy the King, but the Religion and the Nation; and so they were conspiring not onely against his Majestie, but against God. That an old Gentleman that hath lived so long under the peace of this Nation, and been so protected by the Government, which hath been so indulgent to men of his perswafion, should be guiltie of such a designe, is a lamentable thing to think of; That he should so of­fend the Law, which hath been so milde in its execution against such men. We shall prove the proffer of the 1000 l. and so leave it with you.

Mr. Att. Gen.

My Lord, these two Papers we shall use in confir­mation of that Evidence will be given by two Witnesses, who I think will concur in the same thing; that is, the conspiracie for kil­ling the King, and for the carrying on of the Plot. The Papers the Witnesses will expound to you; the one is a Letter, as Mr. Serjeant hath opened it to you, to Sir Thomas Gascoigne from a Priest, where­in he does discourse about 90 l. a year at Maunston, which Sir Tho­mas had purchased to settle upon a Nunnery cal [...]ed Dolebank in York-shire; and therein it is said, You will be well advised to put in a Proviso into the former Writing (he meant for the Settlement) That if England be converted, the 90 l. a year sha [...] be bestowed at Heworth or some other place in Yorkshire. Your L [...]rdship will hear by the Witnesses, that there were several [...] designed for these Nuns to inhabit, as Dolebank and other places; and this Let­ter will concur with their Evidence, and they [...]ill pro [...], that this very place that they speak of, was [...] for this [...]; and so it appears by the Papers taken in Sir Thoma [...] [...] custodie. My Lord, there is another Letter which was [...], and which I believe may have a great influence in the Cause, [...] sure it may [Page 11] be likely to produce very bad effects, which is that Letter from the Priest, wherein he decries the Oath of Allegiance as a damnable thing condemned by the Doctrines at Sorbonne, and other Priests from Rome. And this had its effect a little time before; for it was ab [...]ut the time that a matter of thirty or forty were convicted of a Praemu­nire in that Countie, for not taking the Oath of Allegiance, which they used to do before. And there will be some other concurring Evidence in this Cause, and that is by some Papers taken in Sir Tho­mas Gascoigne's own hand; they are Almanacks, in which many of his own Memorials are, several sums of money mentioned to be paid, and returned to Priests at London: the Witnesses will tell you it was returned for the designe of the Plot. There happens to be 900 l. returned to Mr. Corker, who is now in Newgate; and some other sums to Harcourt, who is executed; and some money is paid to him, though I think not much, about 25 l. and several sums are mentioned, and great sums returned to London by Sir Thomas Gascoigne, in five or six years time, 5 or 6000 l. to what purpose I can't tell; they will give you an account: I think he did live always in York-shire himself, never used to come to Town; and what occasion he might have of returning money, I don't know. We will call the two Witnesses viva voce, and then use the other Evidence as we shall have occasion to confirm them. Call Mr. Bolrond and Mr. Mowbray.

Who were sworn.
Mr. Att. Gen.

Mr. Bolrond, tell my Lord and the Jurie what you know of Sir Thomas Gascoigne.

Mr. Bolron.

My Lord, and you, Gentlemen of the Jurie; I came to live with Sir Thomas Gascoigne in the year 1674, as Steward of his Cole-works; and in the year 1675, a little before Easter, being in the next Room to Sir Thomas Gascoigne, I did hear Charles Ingleby and Sir Thomas in discourse together, and Sir Thomas did say, he was very fearful his Estate would be liable to be forfeited to the King—

L. C. J.

In 75 was this?

Mr. Bolron.

Yes, my Lord.

L. C. J.

What time in 75?

Mr. Bolron.

A little before Easter.

L. C. J.

Were you in the Room?

Mr. Bolron.

I was in the next Room, and the door was not shut; and Sir Thomas did say—

Mr. Att. Gen.

Tell the discourse, what it was.

Mr. Bolron.

He said he was resolved to make a collusive convey­ance of his Estate, for fear it should be forfeited to the King. And Charles Ingleby said, it was best so to do: and then he told Sir Tho­mas he wou'd have the Defeazance made ready, which he would draw with his own hands; but he bid him be sure to bring none but Protestant Witnesses along with him to testifie. And in the year 1675 I did go along with Sir Thomas Gascoigne to Sir William In­gleby's of Ripley, and there I did see him receive colourably 1000 l.

L. C. J.

How do you know it was colourably?

Mr. Bolron.
[Page 12]

I did hear Sir Thomas tell Charles Ingleby so.

L. C. J.

When was that?

Mr. Bolron.

The 7th or 8th of April; the Deed bears the 8th of April 1675.

L. C. J.

Was Charles Ingleby there at that time?

Mr. Bolron.

Yes, when the Deed was sealed; and he read it in the presence of the Witnesses to be dated at that time.

Mr. Justice Dolben.

What, that thousand pound was the conside­ration of the Deed?

Mr. Bolron.

Yes, it was. Sir Thomas Gascoigne did part thereby with all his Estate for seven years, he allowing him 100 l. a year for his maintenance, besides the 1000 l. at first paid. And this was done with that intent, for fear he should be discovered in the Plot for kil­ling the King—

L. C. J.

How do you know that?

Mr. Bolron.

I did hear Sir Thomas Gascoigne and Sir Miles Staple­ton discourse of it, and he said it was for that end.

L. C. J.

Where was that discourse?

Mr. Bolron.

In Sir Tho. Gascoigne's Bed-chamber.

Mr. Justice Jones.

When was that?

Mr. Bolron.

It was in or about the discovery of the Plot.

L. C. J.

But you say you saw the Deed sealed.

Mr. Bolron.

Yes, I was a Witness to it.

L. C. J.

And you saw the money paid?

Mr. Bolron.

I and one Matthias Higgringill did help to count it.

Mr. Justice Jones.

Were you a Protestant at that time?

Mr. Bolron.

Yes, my Lord, I was at the time of the sealing the Deed; but I did hear the discourse between Sir Miles Stapleton and Sir Thomas Gascoyne upon the discoverie of the Plot, when I was a Papist.

L. C. J.

When was the discourse you speak of with Sir Miles Sta­pleton, do you say?

Mr. Bolron.

It was about the discoverie of the Plot.

L. C. J.

After the money paid?

Mr. Bolron.

Yes, after the money paid: And he said to Sir Miles Stapleton, he had done well to make over his Estate.

L. C. J.

That is an abrupt thing for him to say; how did he begin the discourse?

Mr. Bolron.

They were discoursing about the discoverie of the Plot by Dr. Oates and Mr. Bedloe; and then Sir Thomas Gascoyne said to Sir Miles Stapleton, I have done well to make over my Estate to Sir William Ingleby, to prevent a forfeiture.

L. C. J.

What said Sir Miles Stapleton?

Mr. Bolron.

I do not know what he said, very well.

L. C. J.

You seemed but now, as if he had said he was in the Plot.

Mr. Justice Jones.

Did he own he was in the Plot?

Mr. Bolron.
[Page 13]

Yes.

L. C. J.

When?

Mr. Bolron.

At several times.

Mr. Serjeant Maynard.

Tell the manner how he was concer­ned.

Mr. Bolron.

My Lord, in the year 1676, I did hear Sir Thomas Gascoyne say to one Christopher Metcalfe, that he was resolved to send 3000 l. to the Jesuits in London for the carrying on of the De­signe.

L. C. J.

What time in 76?

Mr. Bolron.

The beginning of the year 76.

L. C. J.

To whom did he say so?

Mr. Bolron.

To one Christopher Metcalfe.

L. C. J.

Were you a Papist then?

Mr. Bolron.

Yes.

L. C. J.

When came you first to be a Papist?

Mr. Bolron.

About Whitsontide, 75.

Mr. Justice Jones.

You are a Protestant now?

Mr. Bolron.

Yes, my Lord, I am so.

L. C. J.

When did you turn Protestant again?

Mr. Bolron.

I turned Protestant upon the discovery of this busi­ness.

L. C. J.

When?

Mr. Bolron.

Either the beginning of May, or the latter end of June.

L. C. J.

To whom did he speak it?

Mr. Bolron.

To Christopher Metcalf [...], who then lived in his house.

L. C. J.

What said he?

Mr. Bolron.

He said, he was to send 3000 l. to the Jesuits in Lon­don, for the carrying on of this Designe.

L. C. J.

Who was in the Room besides?

Mr. Bolron.

None but Sir Thomas Gascoyne and Metcalfe.

L. C. J.

Where is that Metcalfe?

Mr. Bolron.

He is since dead I think.

L. C. J.

What discourse had they about the Designe?

Mr. Bolron.

They were discoursing about it when I came in; and I remember he mentioned 300 l. for Corker, 300 l. for Harcourt, and 300 l. for Cornwallis; and the rest by 300 l. apiece to other Per­sons.

Mr. Att. Gen.

What name did Cornwallis go by besides?

Mr. Bolron.

Pracid, my Lord.

Mr. Att. Gen.

That's the name that is to the Letter.

Mr. Justice Pemberton.

Well, what do you know more?

Mr. Bolron.

My Lord, Sir Thomas Gascoyne told this Christopher Metcalfe, that he would return it by 300 l. at a time, to prevent suspition, by the hands of Richard Phisicke; and about the begin­ning of the year 77, I did hear Sir Thomas Gascoyne say, that he had [Page 14] returned it, and that if it had been a thousand times as much, he would be glad to spend it all in so good a Cause.

L. C. J.

Did he say he had returned all the 3000 l.?

Mr. Bolron.

Yes.

L. C. J.

Did he tell you how it was to be disposed of?

Mr. Bolron.

It was to be disposed among the Jesuits for the carry­ing on of the designe.

L. C. J.

That was in the general; but this 900 l. you speak of, was to those three Priests.

Mr. Bolron.

Yes.

Mr. Justice Jones.

You say he resolved to send 3000 l. to the Je­suits at London about this designe; pray what was the designe? what did they say about the Plot at that time?

Mr. Bolron.

My Lord, at other times I have heard them say, it was for killing the King.

L. C. J.

What said Metcalfe to all this?

Mr. Bolron.

He did allow of it, and thought it was the best way so to do. I have seen him return several sums by Richard Phisicke.

Mr. Justice Dolben.

Was Metcalfe a Papist?

Mr. Bolron.

Yes, and he died so, as I have heard.

L. C. J.

Was you in the Room when they first began the dis­course?

Mr. Bolron.

No, my Lord, I came in when they were discour­sing.

L. C. J.

You came in when they were talking, you say; but they did not stop talking because you came in?

Mr. Bolron.

No, my Lord, because I knew of it. I was brought in by one Rushton, who was acquainted with the Plot, to know of it, and therefore they did not stop when I came in.

L. C. J.

You say, he said, I will return 3000 l. to the Jesuits in London: did he say in what time he would send that 3000 l.?

Mr. Bolron.

No, but in 76 he said he would do it.

L. C. J.

And it should be employed for carrying on of the de­signe?

Mr. Bolron.

Yes, those were the words.

L. C. J.

And in 77 you heard him talk with [...] again, and then he said, if it had been a thousand times as much, he would have sent it?

Mr. Bolron.

Yes.

L. C. J.

Was no body there but he, Sir Thomas Gascoyne, and you?

Mr. Bolron.

No body else.

L. C. J.

Then go on now with your Evidence.

Mr. Bolron.

My Lord, in the year 77 several Gentlemen did meet and assemble together at Barnbow-hall in the County o [...] [...]ork, Sir Thomas Gascoyne's house; and their resolution was this: That they would build a Nunnery at Dolebank, in case that their de­signe and Plot of killing the King should take effect, and the Ro­man [Page 15] Catholick Religion be established in England; upon which account the Company there present did resolve they would lose their Lives and Estates to further it. And Sir Thomas Gascoyne did con­clude he would give 90 l. a year for ever for the maintenance of this Nunnery: upon which, they all agreed, that after his death he should be canonized a Saint.

L. C. J.

Who were these Gentlemen?

Mr. Bolron.

Sir Miles Stapleton, Charles Ingleby, Esquire Gascoyne, my Lady Tempest, Thomas Thwing, Sir Walter Vavasor, Sir Francis Hungatt, and Robert Killinbeck a Jesuit, and William Rushton a Romish Priest.

Mr. Justice Pemberton.

Is he dead?

Mr. Bolron.

No, he is fled beyond Sea.

L. C. J.

Who else?

Mr. Bolron.

These are the persons I can remember at present.

L. C. J.

There was a woman there, you say?

Mr. Bolron.

My Lady Tempest, my Lord, and one William Rushton, if you had not him before.

Mr. Justice Dolben.

That was your Confessor?

Mr. Bolron.

Yes, and engaged me in the Plot.

Mr. Justice Pemberton.

What was your discourse? pray tell that.

Mr. Bolron.

The discourse was upon establishing a Nunnery at Dolebank, in hopes that the Plot of killing the King would take effect; the intention was to alter the Government, and introduce the Romish Religion.

L. C. J.

Who was it said this?

Mr. Bolron.

It was spoken by Sir Thomas Gascoyne and the rest of the Gentlemen.

L. C. J.

In their discourse?

Mr. Bolron.

Yes.

L. C. J.

Did they speak of killing the King?

Mr. Bolron.

Yes, my Lord, Sir Francis Hungatt said it several times.

L. C. J.

How? upon what account?

Mr. Bolron.

They were mutually resolved, and they would talk that they would venture their Lives and Estates in hopes the Plot would take effect; and accordingly about Michaelmas 1677, or near upon as I remember—

L. C. J.

How long staid they there?

Mr. Bolron.

About six or seven hours.

L. C. J.

Were you with them in the Room still?

Mr. Bolron.

My Lord, I was sometimes in the Room, and some­times out. What discourse I heard, I tell you; there was one Bar­loe

L. C. J.

What was that Barloe?

Mr. Bolron.

I have had two Orders of Council for the seizing of him, and never could take him; he is a Priest.

L. C. J.
[Page 16]

Was he by?

Mr. Bolron.

He went with them to take possession of the Nunnery.

L. C. J.

Was he not in the house?

Mr. Bolron.

No, not in the Room at that time.

L. C. J.

Was there any servant by in the Room, when this discourse was?

Mr. Bolron.

No.

L. C. J.

Well, go on.

Mr. Bolron.

Accordingly Sir Tho. Gascoyne did erect a Nunnery a­bout the year 77, at Dolebank.

L. C. J.

What, built it?

Mr. Bolron.

He established it.

L. C. J.

Who were the Nuns?

Mr. Bolron.

Mrs. Lashalls was Lady Abbess, Mrs. Beckwith and Mrs. Benningfield, were her Assistants, Ellen Thwing, Eliz. Butcher, and o­thers, were Nuns, according as I heard Sir Tho. Gascoyne say: And when they went by Sir Tho. Gascoyne, when one Mary Root was ta­king horse, Sir Tho. Gascoyne said of her, There goes an old Maid and a young Nun.

L. C. J.

Whither were they going then?

Mr. Bolron.

To take possession of the Nunnery.

L. C. J.

Was it a new-built house?

Mr. Bolron.

They called it a Nunnery in hopes their Plot would take effect.

L. C. J.

Was it an old or new-built house?

Mr. Bolron.

Nay, I never saw it.

L. C. J.

Where abouts was this house?

Mr. Bolron.

It was neer Ripley.

L. C. J.

What, was that Ripley his house?

Mr. Bolron.

No, his house is at Barmbow.

L. C. J.

Who did it belong to?

Mr. Bolron.

They went thither till the business was done, and that was onely till the King was killed, and afterwards they resolved to re­side at Heworth.

L. C. J.

How long staid they there?

Mr. Bolron.

They lived in this place neer a year and an half.

L. C. J.

Till the Plot was discovered?

Mr. Bolron.

Yes.

Mr. Justice Jones.

How do you know they lived there?

Mr. Bolron.

I have seen several times Letters come from their hands.

Mr. Justice Jones.

How do you know they came from thence?

Mr. Bolron.

The Letters were dated from Dolebank.

L. C. J.

Did he let them lie open?

Mr. Bolron.

Sometimes he did.

L. C. J.

What was in them?

Mr. Bolron.

I don't know any of the Particulars; there was no great matter in them.

L. Ch. Just.
[Page 13]

Who writ them?

Mr. Bol:

The name that I saw was Pracid or from Mrs. Lashals.

Mr. Attor. Gen.

They, or some of them.

L. Ch. Just.

You do not know whose House it was?

Mr. Bol.

No, my Lord, not I.

L. Ch. Just.

Where is Heworth Hall?

Mr. Bol.

Heworth Hall is about half a mile off of York.

Mr. Just. Dolben.

Does not that belong to one Mr. Dawson?

Mr. Bol.

It did, but it was bought of him.

Mr. Attor. Gen.

What other place did you hear him mention?

Mr. Bol.

Broughton, my Lord, but I never knew that any were there.

L. Ch. Just.

Nor at Heworth Hall?

Mr. Bol.

Yes, my Lord, sometimes one and sometimes the other; some of them came to Heworth Hall, and some to Dolebank, but Dolebank was the place they did generally reside at. And then Sir Thomas did establish ninety pounds a year which was purchased of Mr. Timothy Ma­levorer and Alver Alo [...]tus enjoyes it.

L. Ch. Just.

How much was it?

Mr. Bol.

Ninety pounds a year.

L. Ch. Just.

Where does it [...]e?

Mr. Bol.

It lies at a place called Mawson near Sir Tho. Gascoynes house.

L. Ch. Just.

Did he say he had sealed such a Conveyance?

Mr. Just. Dolben.

I suppose he bought it of Dawson?

Mr. Bol.

He bought it of Maleverer.

L. Ch. Just.

Is Maleverer a Protestant?

Mr. Bol.

Yes, my Lord.

L. Ch. Just.

Where is he?

Mr. Bol.

I can't tell.

Mr. Just. Jones.

You did not see the Conveyance of it your self sealed?

Mr. Bol.

No, I refer to their words for that.

Mr. Just. Jones.

To what purpose was it bought?

Mr. Bol.

To establish a Nunnery.

Mr. Just. Pemberton.

And they told him he should be canonized for a [...]aint when he died?

Mr. Bol.

Yes, my Lord.

L. Ch. Just.

Well go on then.

Mr. Bol.

My Lord, about March last, to the best of my remembrance, Sir Thomas Gascoyne, and Esquire Gascoyne being in their Chamber toge­ther, I was reading a Book, called The Lives of the Saints, and Esq Gascoyne told Sir Thomas, that he had been before the Justices of the Peace, and they had given to him and Mr. Middleton license to go up to London, which men­tioned, that in consideration that there was a Suit in Law between James Nelthorp Esquire, and Sir Thomas Gascoyne, therefore it permitted the said Thomas Gascoyne Esq and his Man to travel peaceably to London. And I did hear the other Copy read of Mr. Middletons license to travel into the South, and for his occasion into the South parts was pretended to receive some Rents there. But I did hear Esq Gascoyne say to Sir Thomas, that he was resolved as soon as he came to London, and had done with Mr. Nelthorp that he would fly into France & so would cheat the Justices, for he was resolved [...] [Page 16] [...] [Page 13] [Page 14] not to come back to york-shire again, but he would commit the design in agitation into such hands as would do it, and would not fail, but he would not stay to see execution.

L. Chief Just.

You heard him say so?

Mr. Bol.

Yes, I did.

L. Chief Just.

What said Sir Thomas?

Mr. Bol.

He commended his Sons and Mr. Middleton's Resolutions.

L. Chief Just.

What Room was it in?

Mr. Bol.

It was in Sir Thomas own Chamber.

L. Chief Just.

Was there any Rooms near it?

Mr. Bol.

None that they could hear in, unless in the Chamber within, I don't know whether any one was there or no.

L. Chief Just.

Could they hear in no Room that was near to them?

Mr. Bol.

Yes in the Chamber within.

L. Chief Just.

Was there no Servant there?

Mr. Bol.

Not as I know.

L. Chief Just.

My reason is, because he must speak very loud to make his Father hear him.

Mr. Bol.

Yes he did, for I heard him in the Chamber Window that I stood in against them, they were are a little way off me.

L. Chief Just.

Because if any of the Servants were near, methinks they must needs be very Cautious how they spoke so loud to make Sir Thomas Gascoyne hear.

Mr. Bol.

My Lord, he was not so deaf then as they say he is, and he seems to be now. And Esq Gascoyne also because he would be sure there should no damage come to him caused all his goods to be sold off his ground, and Mr. Middleton sold his very houshold goods.

L. Chief Just.

He is a Papist too, is he not?

Mr. Bol.

Yes he is so.

L. Chief Just.

Was not he at the meeting with Sir Miles Stapleton?

Mr. Bol.

Yes, Mr. Middleton was one.

L. Chief Just.

You did not name him before.

Mr. Just. Pember.

But he said a great many were there besides those he named.

Mr. Just. Dol.

Yes he did so. Well go on Sir.

Mr. Bol.

My Lord last 30th of May, the day after Holy Thursday as I remember, being in Sir Thomas Gascoynes own Chamber, Sir Thomas Gascoyne bid me go into the Gallery next to the Priests Lodgings, and after a little time one William Rushton my Confessor, came to me, and asked me if I was at the last Pontefret Sessions. I told him yes, and that I had taken the Oath of Allegiance as others had done, whereup­on the said [...]on told me, that I and all the others were damned for so doing if we kept the same. Therefore he bid me be sure to come next Sunday to have absolution from him, for it was a damnable sin to take that Oath, and he told me he had power from the Pope to absolve me, and he added, that few Priests had that Power that he had.

L. Chief Just.

Did he make you confess that as a sin to him?

Mr. Bol.

No, my Lord, for I did make the discovery soon after.

[...] Just.

When was it you first turned Protestant?

Mr. Bol.
[Page 15]

In June, my Lord, after that.

L. Chief Just.

Then you were not a Protestant at that time?

Mr. Bol.

No, my Lord.

L. Chief Just.

Where you a Pap [...]t when you took the Oath of Allegi­ance?

Mr. Bol.

Yes, my Lord, I was.

L. Chief Just.

Why would not you then go and be absolved according as your Priest bid you?

Mr. Bol.

I thought I had done nothing that was evil, because several had taken the Oath with me as you shall hear afterward.

L. Chief Just.

Well go on.

Mr. Bol.

I told him that several others had done, as well as I, that were Papists, and they judged it lawful, whereupon he said, Away, and told me I was a fool, and knew not how to judge of an Oath.

L. Chief Just.

So you were satisfied the Papists might take the Oath?

Mr. Bol.

My Lord, I told him I thought it was no sin to take that Oath, because it was an Oath only to be true to my King and to my Country, and I told him that Mr. Ellis Priest to Mr. Vauasor had writ­ten comentaries upon the Oath and justified the taking of it. Said he again, Mr. Ellis was a fool and his Superiors will call him to an accompt, and check him for his paines. But said he by taking the Oath you have denyed the power of the Pope to absolve you from it, but I tell you he hath a power to depose the King and had done it: and said he, you will merit heaven if you will kill him.

L. Chief Just.

Who spoke to you?

Mr. Bol.

Rushton my Lord said, it was a meritorious Act to kill the King.

L. Chief Just.

But did Sir Thomas Gascoyne or any of the Company wish you to do that thing?

Mr. Bol.

Not at that meeting, but afterwards Sir Thomas did, my Lord, if you will give me leave to go on.

L. Chief Just.

What did he say?

Mr. Bol.

He told me he would assist me in the Act.

L. Chief Just.

Who?

Mr. Bol.

Rushton did. And he told me the Pope had granted him the power, that I should have the benefit of absolution if I would do it. I desired him not to perswade me to do such a thing, for I would have no hand in it; then he quoted a certain place of Scripture to me which was, thou shalt bind their Kings in Fetters and their Princes in Chaines. Whereupon he concluded, and made this exposition, that the Pope had deposed the King, and absolved all his Subjects, and it was a meritori­ous Act to kill the King. And that unless the King would turn Ro­man Catholick the Pope would give away his Kingdomes to another?

L. Chief Just.

Well go on.

Mr. Bol.

Then I told him I would have no hand in that Act and deed, whereupon he answered me again, you may hang me if you please for speaking these words. No Sir, said I, I will do you no injury if you do your self none. So he [...]id me consider what he said, and come to him a­gaine, but I did not.

L. Chief Just.

This was the 30th of May▪

Mr. Bol.
[Page 16]

Yes, and the same day as soon as I came down. I was told Sir Thomas Gascoyne had left order with his Servants that I should not depart the house till he came in, and I stay'd there till about six of the Clock.

L. Chief Just.

Did not you live with him then?

Mr. Bol.

I lived a little way off the house.

L. Chief Just.

How far?

Mr. Bol.

About a Quarter of a mile.

L. Chief Just.

Were you not his Servant?

Mr. Bol.

No, my Lord, not at that time.

Mr. Just. Jon.

How long had you been gone out of his service before?

Mr. Bol.

I went out of his service about the beginning of July 1678.

Mr. Just. Pember.

Did Sir Thomas Gascoyne send you into this Gallery?

Mr. Bol.

Yes, my Lord.

Mr. Just. Pember.

And there you found Rushton?

Mr. Bol.

My Lord, he was not there when I came, but he came as it were from Chappel,

L. C. J.

You were his Servant when all the Gentlemen met at his house?

Mr. Bol.

Yes, my Lord, I was.

L. Chief Just.

When did you leave his service say you?

Mr. Bol.

The first day of July 1678.

L. Chief Just.

And this was in May 1678, was it not?

Mr. Bol.

No in (79) my Lord, last May. My Lord I watched and stayd till he came in, and took him as he came in. I went up stayers with him, and when we came into his Chamber he calls me to him, and asked me what discourse had passed between me and Rushton; I told him our dis­course was concerning the Oath of Allegiance, and the lawfulness, or unlawfulness of it. Then Sir Thomas Gascoyne took me by the hand, and told me, well man if thou wilt undertake a designe that I and others have to kill the King, I will give thee 1000. l. and I will send thee to my Son Thomas, if he be in Town, but if he be not in Town, he said he would give me such Instructions that I should find the rest that were con­cerned in the business.—

L. Chief Just.

The rest, what?

Mr. Bol.

The rest that were in the Plot.

L. Chief Just.

That you should know where to find them in London, you mean so?

Mr. Bol.

Yes, my Lord, if he were gone beyond Sea.

L. Chief Just.

What said you to him?

Mr. Bol.

My Lord, I told him I would have no hand in blood, and would not do such a wicked deed, and desired him to perswade me no more. Then he desired me of all love to keep secret what he had said. But afterwards I recollected that it was a very ill thing, and went immediately to the Justices of the Peace.—

L. Chief Just.

How soon did you go?

Mr. Bol.

Soon after.

L. Chief Just.

To whom did you go?

Mr. Bol.

To Mr. Tindal a Justice of Peace, and to Mr. Normanton.

L. Chief Just.

Did you make an Oath there?

Mr. Bol.

Yes, that Sir Thomas promised me 1000. l

L. Chief Just.

And for what purpose?

Mr. [...]ol.

For Killing the King.

L. Chief Just.
[Page 21]

Did you put that in the Oath you made?

Mr. Bol.

Yes, my Lord.

L. Chief Just.

What time was this after the discourse?

Mr. Bol.

It was about a week or such a time.

L. Chief Just.

Was it the next day?

Mr. Bol.

No.

L. Chief Just.

Was it within a fortnight?

Mr. Bol.

Yes, I believe it was my Lord.

L. Chief Just.

Was it not a month?

Mr. Bol.

No it was not above a fortnight, for Sir Thoma [...] Gascoyne was ap­prehended in July or thereabouts I believe my Lord.

L Chief Just.

But was that the first time that Sir Thomas ever spake to you to kill the King the 30th of May?

Mr. Bol.

Yes, my Lord.

Mr. Just. Jon.

You say you left Sir Thomas service in July 1678?

Mr. Bol.

Yes, the first day of July.

L. Chief Just.

How did you leave him in good friendship?

Mr. Bol.

Yes, my Lord in very good friendship.

Mr. Just. Jon.

Were you in good Correspondence?

Mr. Bol.

I always went to his house to hear Mass, and oftentimes was there.

L. Chief Just.

How came you to leave his service?

M. Bol.

It was my own fault I left it.

L. Chief Just.

Why, it might be no fault neither. But why did you leave it?

Mr. Bol.

My Lord, it was because there was one Henry Addison, and Ben­net Johnson did seek to take my work and service out of my hands. Sir Tho­mas Gascoyne did desire me to let them come in to see what they could do, and that I should have my Sallary, and that I should gather in his Debts; I was willing to be rid of it, and told him they that looked after the Pit should gather in the Debts, for I conceived else it would be but a double Charge to him.

Mr. Just. Dol.

This is only how he left Sir Thomas his service, Sir Thomas thought the other men could do it better then he, and so said he then let them do your whole work.

Mr. Just Jon.

But he says he did usually resort to the house after he had left his service to hear Mass.

Mr. Just. Dol.

They will ask him some Questions, 't may be.

L. Chief Just.

Had you any Estate of your own when you left Sir Tho­mas service?

Mr. Bol.

Yes: I had a Farme I rented of Sir Thomas Gascoyne.

L. Chief Just.

What Rent?

Mr. Bol.

15. l, and a Mark a year, after I was married.

L. Chief Just.

When were you married?

Mr. Bol.

In July (75) But afterwards I was there, and did still service.

Mr. Attorn. Gen.

I think you have some estate of your own besides that.

Mr. Bol.

Yes, I have 7. l. a year.

Mr. Attorn. Gen.

Well, will you for Sir Thomas ask him any Questions?

Mr. Bab.

No.

L. Chief Just.

Mr. Bolron, pray what did the Justice say to you when you made this Oath?

Mr. Bol.
[Page 22]

My Lord, thus, I was resolved to come to [...], and make [...] Confession here, and desired I might so do, whereupon one of the Justices were unwilling, but at last they said, I might do what I would.

L. Ch. Just.

You say Justice Tindal it was sworn before, what did he say when you made the Oath?

Mr. Bol.

My Lord, as I remember, he said, he must give the Council an ac­count of it, and perhaps he should not have an answer of it in a moneth after, so I thought it was better to come to London, and make a speedy dispatch of the business, for I did not know but the Priests in the mean time might escape.

L. C. J.

But did Mr. Tindal do nothing upon that Oath that was made?

Mr. Bol.

Yes, he did make out his Warrant for the apprehending of one.

L. C. J.

Did he not make out a Warrant for the apprehending of Sir Tho­mas Gascoyne?

Mr. Bol.

My Lord, I [...]hink they would have done it, but I desired I might come to the Council.

Mr. Just. Pembert.

How long after came you there?

Mr. Bol.

As soon as I could get ready.

L. C. J.

What time came you thither?

Mr. Bol.

My Lord, I sent out upon Monday and came hither to London up­on Wednesday▪

L. C. J.

Do you know what moneth it was in?

Mr. Bol.

In Iune it was, I think.

L. C. J.

And who did you come and apply yourself to in London, when you came there?

Mr. Bol.

My Lord, I had a Letter directed from Mr. Justice Tindal to his brother Tindal in London to carry me to the Council. I chanced to lose this Letter at Ware, and losing it there, I came to the green Dragon in Bishopsgate Street, I was acquainted with the Man of the House and having told him some of my business, he carryed me before Sir Robert Ctayton, and than we went to my Lord of Shaftsbury President of the Council, and presently got an Order of the Council about me.

L. C. J.

How long was this after Dr. Oates discovery? when did Oates and Be [...]oe make their discovery?

Mr. Just. Pembert.

This was a long time after, in May last.

Mr. Just. Jones.

Did Mr. Tindal take your Examination in Writing?

Mr. Bol.

He took a short thing in Writing.

Mr. Just. Jones.

Did you set your hand to it?

Mr. Just. Pembert.

He resolved to go to the Council and tell them.

Mr. Bol.

[...] was not willing to tell the Justices all, for I had a mind to go to the Council.

Mr. Just. Jones.

But you told them the great matter of all, Sir Thonas's proffer to give you 1000 l. to kill the King.

Mr. Bol.

Yes.

Mr. Just. Jones.

Had you a Lease of your Farm under Sir Thomas Gascoyne?

Mr. Bol.

It was but a Lease parol.

Mr. Just. Jones.

For how long?

Mr. Bol.

For nine years.

Mr. Babbington.

May I have leave to ask him any Questions?

Court.

Yes, yes, you may.

Mr. Babbing.

You say you had a Leafe of the Farm, a Lease parol.

Mr. Bol.

Yes, I had so.

Mr. Ser. Mayn.
[Page 23]

Council must not be allowed in matter of fact my Lord.

L. Chief Just.

But Brother, this man hath made a long Narrative.

Mr. Ser. Mayn.

Ay, and a shrew'd one too.

L. Chief Just.

His Evidence is very great, and Sir Thomas Gascoyne does not hear any one word.

Mr. Bol.

One thing more I would speak to. It was in September 1678 a little before the discovery of the Plot, I did hear Sir Thomas Gascoyne say, and tell my [...]ady Tempest, that he would send 150 l. to Dolebanke in hopes the blow would be given shortly.

Mr. Ser. Mayn.

That is the same word used by all the Wittnesses.

L. Chief Just.

When was this?

Mr. Bol.

In September (78) the Plot was not known by us to be disco­vered then, as I know of.

L. Chief Just.

Who did he speak it to?

Mr. Bol.

To his Daughter the Lady Tempest.

L. Chief Just.

What said she?

Mr. Bol.

She seemed to like it very well, I did not hear any thing to the contrary. And I heard a Letter read afterwards from Cornwallis that he had received it, but it was too little for the carrying on so great a designe.

L. Chief Just.

Who is Cornwallis?

Mr. Bol.

And it was for the arming the poor Catholicks when the blow should be given.

L. Chief Just.

Is his Daughter living?

Mr. Attorn. Gen.

Yes, she is out under bayle.

Mr. Recor.

My Lord, I shall desire to ask but one Question which con­cerns the Prisoners at the Bar. How long after the discourse that you had with the Priest in the Gallery was it that Sir Thomas Gascoyne spoke to you of the same thing?

Mr. Just. Pem.

Mr Recorder, if you ask him but one Question let it not be that which he hath answered before, he says the same day.

Mr. Hob.

I desire to ask him one Question.

Mr. Just. Pem.

No, tell Sir Thomas first what he hath said, and see if he will ask any Questions.

Mr. Hob.

Sir Thomas, here is Mr Bolron hath given Evidence against you, will you ask him any Questions?

Mr. Just. Pem.

Read your Minutes to him.

Then Mr. Hobart repeated the first part about his coming to Sir Thomas Gascoyne's service and the Colliery Conveyance.

Mr. Just. Jo [...].

Ask him if he will ask any Questions upon this part,

(which he did)
Sir Tho. Gas.

No, tis no great matter at all, for it is true, when twas I can't tell, there was something I did seal to Sir William Ingleby, and some mony I had of him.

Then Mr. Hobart repeated his saying to Metcalf he wo [...]ld send 3000. l. to the Priests in (76)

Sir Tho. Gas.

How comes that, I deny that utterly.

Mr. Bol.

Tis all true that I have said by the Oath that I have taken.

Sir Tho. Gas.

There is no such thing at all.

Mr. Hob.

He says, it was returned by Mr Phisick.

Sir Tho. Gas.

Phisick was a Servant to me, and he returned some money [...]or me sometimes, but it was all for my Children, my Sons, and my Daugh­ters [Page 24] and my Kinspeople, to whom I paid Annuities, but 'tis a far greater sum n the whole than 3000l. and for one great sum of 1000l. you know how it was disposed of.

Mr. Hob.

He says that in the beginning of 77, you said you had returned this 3000l. to London, and if you had 1000 times as much you would give it for so good a Cause.

Sir Tho. Gase.

I never said any such thing, never thought of any such thing in my Life.

L. Ch. Just.

Now tell him of the meeting at Barmbow.

Mr. Hob.

He says in the year (77) there were seyeral Gentlemen met at your house at Barmbow.

L. Ch. Just.

Name them

(which he did.)
Mr. Hob.

These were all together with you.

Sir Tho. Gasc.

No such matter at all.

Mr. Hob.

And he says all these persons did discourse with you about the e­stablishing a Nunnery at Dolebanke, and another at Heworth, and another at Braughton.

Sir Tho. Gas [...].

Not one word of all this is true.

L. Ch. Just.

Tell him what he said concerning killing the King.

Mr. Hob.

He says that the Nunnery was established at Dolebanke, and such and such were Nuns.

Sir Tho. Gasc.

He may say what he will, but not one word of all this is true.

Mr. Just. Dolb.

But you skip over the main thing what the Gentlemen re­solved upon at that meeting.

Mr. Hob.

He says these Gentlemen did resolve the business should go on for the killing of the King, and that they would venture their Lives and E­states for it.

Sir Tho. Gasc.

I never heard of any such thing as killing the King, Sir, did I ever say any such thing?

Mr. Bolr.

It was in your own dining Room, and in your own Cham­ber.

Mr. Just. Pemb.

He did not say so, I think, about their meeting.

L. Ch. Just.

Yes, he says, they all met at his house, and there they had dis­course of killing the King. In what Room was it?

Mr. Bolr.

In the old Dining Room.

Sir Tho. Gasc.

I deny it utterly. There was no such thing. Some persons might be at several times at my house, but no such meeting, nor words at all at one time or other.

Then Mr. Hobart told him of Mr. Gascoines and Mr. Middletons Licenses to go to London, and intention to go to France.

Sir Tho. Gasc.

'Tis very true my Son did go to London for that end.

M. Hob.

And so Mr. Middleton upon pretence of receiving Rent.

Sir Tho. Gasc.

I cannot tell about Mr. Middleton,

Mr. Hob.

He says your Son would immediately fly into France, and com­mit the design into other hands, and you said you approved of it, and this he heard you discourse very plainly.

Sir Tho. Gasc.

But I plainly deny it all.

Mr. Hob.

He says you bid him go up (the 30th. of May) to the Gallery to Mr. Rushton.

L. C. J.
[Page 25]

No, not to him, but when he was in the Gallery Rushton came to him.

Then Mr. Hobart repeated the Discourse with Rushton about the Oath of Allegiance.

L. C. J.

You need not tell him what Rushton said.

Mr. Just. Dolben.

Yes, my Lord, it is convenient.

Mr. Bolron.

For I told him our Discourse about the Oath of Allegiance my self.

Then Hobart repeated Sir Thomas's further Discourse and Proffer to him.

Sir Tho. Gascoyne.

There is nothing of all this true. He might come there and talk with any body, for what I know, but I was not with him.

L. C. J.

But ask him what he says to this, that he proffered him 1000 l. to kill the King?

(which he did.)
Sir Tho. Gascoyne.

Where should you be paid it?

Mr. Bolron.

I would not undertake the Design.

Sir Tho. Gascoyne.

Did you ever know I was Master of 200 l. together in my Life?

Mr. Bolron.

Yes.

L. C. J.

Tell him he sayes he would not undertake it, and therefore it was in vain to appoint where.

Sir Tho. Gascoyne.

I utterly deny it all, upon my Life; that's e'en just like the rest, I never heard it before.

L. C. J.

He puts it to you, whether ever you saw him have 200 l. toge­ther?

Mr. Bolron.

I have seen 500l. at a time in the House, and I have seen in Phiswick's hand 700 l.

(which was repeated to him.)
Sir Tho. Gascoyne.

What Phiswick might have of other mens moneys I do not know, he never had so much money of mine.

Mr. Bolron.

My Lord, Sir Tho. Gascoyne I believe had at that time, at least 1200 l. a year of his own Estate.

(which was repeated to him.)
Sir Tho. Gascoyne.

I wish he would make it good.

Mr. Bolron.

My Lord, 'tis true enough, I believe he hath setled some E­state upon his Son, about 600 l. a year.

L. Chief. Just.

I can't tell what becomes of the Papists Estates, nor how the Priests drain them, but there are men of very great Estates among them, but they are greatly in Debt.

Mr. Hobart.

Will you ask Mr. Bolron any Questions?

Mr. Just. Jones.

You have not repeated to him one part of the Evidence, that in September (78.) he said to my Lady Tempest he would send 150 l. to Dolebank, in hopes the blow would be given shortly.

(which was then repeated.)
Sir Tho. Gascoyne.

I know no such thing at all. There is not one word of all this true.

Mr. Hobart.

Will you ask him any Questions or no?

Sir Tho. Gascoyne.

I know not what Questions to ask, but where the mo­ney should be paid?

L. C. J.

That can be no Question, for the thing was never undertaken.

Mr. Attorn. Gen.

Then pray, Mr. Mowbray, tell your knowledge.

Mr. Mowbray.
[Page 26]

My Lord, and you Gentlemen of the Jury, I came to Sir Tho. Gascoyne's in the beginning of the year 1674.

L. C. J.

Were you his Servant?

Mr. Mowbray.

Y [...]s, my Lord, but never an hired Servant.

L. C. J.

In what quality did you serve him?

Mr. Mowbray.

In his Chamber, my Lord, and continued with Sir Thomas until 76, in which time I did observe Mr. Thomas Addison a Priest, Fincham a Priest, Stapleton a Priest, Killingbecks a Priest, and Thwing the elder, and the younger, several times to visit and confer with Mr. William Rushton, Sir Tho. Gascoyne's Confessor.

L. Ch. J.

Were you a Papist then?

Mr. Mowbray.

Yes, I was.

L. C. J.

Are you one now?

Mr. Mowbray.

No.

L. C. J.

Well, go on then.

Mr. Mowbray.

I being very diligent in attending Mr. Rushton at the Altar, I became in great favour with him, and was permitted to be in the Cham­ber when the Priests were in private with him, and I heard them often talk and Discourse of a Design laid for setting the Popish Religion uppermost in England, and how like the same was to take effect in a short time.

L. C. J.

Who did speak it?

Mr. Mowbray.

The Priests in private with Mr. Rushton. I speak now, my Lord, of the Plot in general, I come to Sir Thomas Gascoyne anon.

L. C. J.

When? in what year was this Discourse?

Mr. Mowbray.

In 1676.

L. C. J.

Well, what said they?

Mr. Mowbray.

Why, they discoursed concerning the setting up the Po­pish Religion in England, and how like the same was to take effect, and succeed, in regard that most of the considerable Papists in England had en­gaged to act for it, and if it could not be done by fair means, force must be used; and particularly declared, that London and York were to be fired.

L. C. J.

In (76?)

Mr. Mowbray.

Yes.

L. C. J.

What? would they fire it again?

Mr. Mowbray.

And I heard them often say, that the King in Exile had promised them—

L. J. C.

Did they say the City was to be fired the second time?

Mr. Mowbray.

Yes, to further their intention.

Mr. Serj. Maynard.

It was effected in Southwark.

Mr. Mowbray.

And they did also declare, That the King when he was in his Exile had promised the Jesuits beyond Sea to establish their Religion, whenever he was restored, which they now despaired of, and therefore he was adjudged an Heretick, and was to be killed.

L. C. J.

Who did say this?

Mr. Mowbray.

The Priests.

L. C. J.

Who was the Heretick?

Mr. Mowbray.

The King. Also I did hear Mr. William Rushton tell Addi­son and the rest of the Priests—

L. C. J.
[Page 27]

Do you know which of the Priests said the King was to be killed?

Mr. Mowbray.

It was Rushton. Rushton and Addison were together, and he did declare to Mr. Addison, that according to Agreement he had given the Oath of Secresie and the Sacrament to Sir Thomas Gascoyne, Esquire Gascoyne, his Son, my Lady Tempest, his Daughter, and Mr. Stephen Tempest, and had communicated the whole Design to them.

L. J. C.

Were you by, when he said this?

Mr. Mowbray.

Yes, in his Chamber.

L. C. J.

How long after the Discourse of the Priests was this?

Mr. Mowbray.

My Lord, he told them he had done it according to Agree­ment before; and they did approve of it, and had severally engaged to be Active, Faithful, and Secret, and would do to the utmost of their powers, as far as their Estates would permit, to establish the Roman Catholick Reli­gion in England. And about Michaelmas 1676. there was another meeting of these Priests, and others; where they declared, That the King was an Heretick, and that the Pope had Excommunicated him, and all other Here­ticks in England, Scotland, and Ireland, and that Force was to be made Use of.

Mr. Just. Dolben.

When was that, Sir?

Mr. Mowbray.

About Michaelmas 1676.

Mr. Just. Jones.

You were his Servant then?

Mr. Mowbray.

Yes, my Lord. And then did Rushton produce a List of Names, of about four or five hundred, and he read them over, all of whom, he said, were engaged in the Design, and he did read the Names of Sir Tho. Gascoyne, Tho. Gascoyne Esq my Lady Tempest, Mr. Vavasor, Sir Francis Hungast, Sir John Savile, the two Townleys, Mr. Sherborne, and others.

L. Chief Just.

Did you see this List?

Mr. Mowbray.

I saw several Subscriptions to it, and amongst the rest I saw Sir Tho. Gascoyne's own hand.

L. C. J.

Do you know it?

Mr. Mowbray.

Yes, very well.

L. C. J.

And upon the Oath you have taken, do you believe that was his hand to the List?

Mr. Mowbray.

Yes, my Lord, I do believe it was his hand.

L. Chief Just.

Did you know any other hands? Don't you know his Son's hand?

Mr. Mowbray.

No, nor any but Sir Tho. Gascoyne's.

L. C. J.

It was in several hands, was it not?

Mr. Mowbray.

Yes, it seemed to me to be so.

L. C. J.

What did they subscribe to do?

Mr. Just. Pemberton.

This was in 77?

Mr. Mowbray.

No, it was about Michaelmas 1676.

L. C. J.

What was it for?

Mr. Mowbray.

The Title of it was, as I remember, A List of them that are engaged in the Design of Killing the King, and promoting the Catholick Religion.

L. C. Just.

Was that writ on the Top?

Mr. Just. Pemberton.

They were words, I suppose, to that effect.

Mr. Mowbray.
[Page 28]

Yes, it was to that effect, my Lord.

L. C. J.

Was it mentioned in the List, for Killing the King?

Mr. Mowbray.

Yes. And then they declared also, That the Pope had gi­ven Commission to put on the Design, and prosecute it as quick as they could, and that he had given a Plenary Indulgence of 10000 years for all those that should Act either in Person or Estate for killing the King, and setting up the Romish Religion in England, besides a Pardon and other Gra­tifications. And so much As to the Plot in general. Now, my Lord, I come to the particulars as to the Prisoner at the Bar, Sir Tho. Gascoyne. About Michaelmas 1676. much about that time, there was Sir Tho. Gascoyne and his Son, my Lady Tempest, and Rushton the Priest together, where I heard them hold several Discourses of this Design about killing the King, and firing the Cities of London and York; and Sir Tho. Gascoyne did declare and assure Mr. Rushton, that he would not swerve from what he had said, but would keep to the Oath of Secrecy he had given him, and that he would do to the uttermost of his Power for the killing the King, and the Establishment of Popery.

L. C. J.

Were you in the Room?

Mr. Mowbray.

I stood close at the door, where I heard very well, the door was not quite shut.

L. C. J.

They did not know you were there?

Mr. Mowbray.

No.

L. C. J.

They would not trust you with it then?

Mr. Mowbray.

They did not know I was there. And they did unani­mously conclude, that it was a meritorious Undertaking, and for the good of the Church, and they would all venture their Lives and Estates in it.

L. C. J.

Rushton was there, was he not?

Mr. Mowbray.

Yes, Rushton was there: and Dr. Stapleton, a Priest, coming from another Door, and finding me at the door, went in and desired them to speak lower, for there was one at the door. Whereupon my Lady Tem­pest called me in, and ordered me to go below and entertain some strangers. So much for the particulars concerning Sir Tho. Gascoyne.

Mr. Just. Pemberton.

Was Sir Miles Stapleton there at that time?

Mr. Mowbray.

Yes, he was there.

L. C. J.

Where?

Mr. Mowbray.

In an Upper Room.

L. C. J.

Who were by?

Mr. Mowbray.

Mr. Gascoyne, and the Priest, and my Lady Tempest.

L. C. J.

This is all you say.

Mr. Mowbray.

Yes, so far as to the particulars of this matter.

Mr. Serj. Maynard.

Have you any more to say?

Mr. Mowbray.

No, no more but these particulars, unless some Questions be asked.

Then Hobart began to repeat this Evidence to Sir Tho. Gascoyne, how he came to be his Servant.

Sir Tho. Gascoyne.

He came as a Boy to me, without hiring.

Then Mr. Hobart repeated the Priests Discourse at Rushton's.

Sir Tho. Gascoyne.

I deny it all.

L. C. J.
[Page 29]

He was not present, this was a Discourse among themselves.

Then Hobart told him about the Oath of Secresie and the Sacrament.

Sir Tho. Gascoyne.

No, there is no such thing, there is not a word of it true.

L. C. J.

Then tell him of the List.

(Which was done.)
Sir Tho. Gascoyne.

'Tis a most impudent Lye.

Mr. Hobart.

What say you to your Hand being to that List?

Sir Tho. Gascoyne.

Not one word of it.

Mr. Hobart.

But he sayes 'twas your Name to it.

Sir Tho. Gascoyne.

He had a pair of Spectacles on sure that could see any thing. Was it a printed List, or a written one?

Mr. Mowbray.

It was written, your Name was put to it, with your own hand-writing.

(Which was told him.)
Sir. Tho. Gascoyne.

He makes what he will.

Then Mr. Hobart repeated Rushton's declaring that he had given him the Sacrament of Secresie.

Sir. Tho. Gascoyne.

I'll warrant you he hath gotten this Oath of Secresie out of the News Books, for I never heard of it before. Let me ask thee? Didst thou ever hear it before you came to London?

Mr. Mowbray.

Yes, Sir Thomas, I did.

Mr. Hobart.

But will you ask him any Question?

Sir. Tho. Gascoyne.

No; it is all false he speaks, not a word of Truth comes out of his Mouth.

Mr. Serj. Maynard.

My Lord, We will now go on to another piece of our Evidence.

Sir Tho. Gascoyne.

I must leave it to the Jury to take notice of their Con­versations and mine.

Mr. Serj. Maynard.

Whereas he says he was never owner of 200 l. together, we will produce his own Almanack under his own hand.

L. J. C.

Do it, and we will shew it him, and see what he sayes to it.

Sir Tho. Gascoyne.

Why did not he discover it before?

Mr. Hobart.

If your Lordship please, Sir Thomas desires he may be asked why he did not discover it before?

Mr. Mowbray.

Because the Papists did threaten me at such a rate, and I, being a single Person against them, durst not.

L. C. J.

When did you first discover it?

Mr. Mowbray.

It was about Michaelmas last. The Papists did threaten me, that if I did discover it they would take my Life away.

L. Chief Just.

When did you turn Protestant?

Mr. Mowbray.

When the Plot broke out, then I took the Oaths of Alle­giance and Supremacy.

L. C. J.

Why did you not discover it as soon as you turned Protestant?

Mr. Mowbray.

My Lord, I was not in a condition to make any Friends, or come up to London upon such an account; besides, my Lord, they did threaten me; and particularly after the Plot was come out, Addison did threaten me.

L. C. J.

But this was a great while before the Plot broke out.

Mr. Just. Dolben.

So long he continued a Papist, and then he would not discover.

Mr. Mowbray.
[Page 30]

This Addison was often with me, and he flatter'd me, and made me continue a Papist, least I should discover it.

L. C. J.

Where is he now?

Mr. Mowbray.

He is fled.

L. C. J.

What said Addison when you did turn Protestant?

Mr. Mowbray.

He said if I did discover, he would take away my Life.

L. C. J.

I wonder they did not give you the Oath of Secresy.

Mr. Mowbray.

Yes my Lord, I did receive it from Rushton's own hand.

L. C. J.

When?

Mr. Mowbray.

In 76.

L. C. J.

Who receiv'd it with you?

Mr. Mowbray.

It was given to me after the Communicants were gone from the Chappel.

L. C. J.

What was the Oath?

Mr. Mowbray.

He reserved the Sacrament for me, and swore me by it, that I should be faithful and secret, and should not reveal any Discourse I was privy to.

L. C. J.

Reveal no Discourse, what Discourse did they mean?

Mr. Mowbray.

Those Discourses when the Priests were in private with him.

Then Sir Tho. Gascoyne's Almanack was produced.

Mr. Attorn. Gen.

Who proves Sir Thomas his hand? Is this Sir Thomas Gascoyne's hand?

Bolron and Mowbray.

Yes, it is his Hand.

L. C. J.

Shew it him himself,

(which was done)
Mr. Hobart.

Is that your hand?

Sir Tho. Gascoyne.

Yes, I think I saw it at the Council Table, this is my Writing, and I will justifie every word that is written there.

Mr. Attor. Gen.

Read that one place.

Clerk.

The 15th to Peter for a 100. l. to Corker.

Mr. Attor. Gen.

If your Lordship please, I desire he may be asked what that 100 l. was for.

Mr. Hobart.

Look you here Sir, did you order 100 l. to be paid to Corker?

Sir Tho. Gascoyne.

It may be I did.

Mr. Hobart.

What was it for?

Sir Tho. Gascoyne.

For the Portion of a Child I had.

Mr. Hobart.

What Child was that?

Sir Tho. Gascoyne.

I know not who it was, Mary Appleby, I think.

Mr. Attor. Gen.

Pray ask him how it came to Corkers hands? Why it was returned to Corker.

Sir Tho. Gascoyne.

I know not that, because wee did not know where she liv'd, she was beyond Sea.

Mr. Hobart.

Where is she?

Sir Tom. Gascoyne.

She is at Paris.

Mr. Attor. Gen.

Here is another Book of his that does make mention of 900 l. to Mr. Corker upon Agreement between them.

L. C. J.

Ask him how much money he might return to Corker from time to time.

(Which was done)
Sir Tho. Gascoyne.

My Lord I don't know, we have been several years re­turning of money.

L. C. J.
[Page 31]

Hath he return'd 800 or 900 l. in all?

Sir Tho. Gascoyne.

No, I don't think so much.

Mr. Attorn. Gen.

Pray ask him how much was Mrs. Appleby's Portion.

Sir Tho. Gascoyne.

Indeed I can't certainly say, but as the Rents came in, I was to pay several Sums to several Persons, it was a 100 l. a year to that Ma­ry Appleby, it may be 2000 l. in all from first to last, but I shall satisfie you about that.

Mr. Attor. Gen.

Will you satisfie us anon why 900 l. was paid in one year.

Then the Book was shewn to Sir Thomas, who owned it to be his hand.

L. C. J.

Read it.

Clerk.

Q. of Mr. Corker, what Bills, for how much, and to whom directed, he hath received of me since the 21th of July 1677. to June 1678. vid. the Book, p. 45. and the great Book, fol. 54. where you may find P. for 900. l. and agree in this Accompt Corker, the 7th of August, 1678.

Mr. Attor. Gen.

First he makes a Quaere, how much he returned, and then says he, the 7th of August I and Corker agreed.

L. C. J.

Let him read it himself.

(Which he did)
Mr. Hobart.

What say you to that, that you sent so much Money to Corker?

Mr. Just. Pemberton.

You must understand he is one of the Priests, and Bol­ron swears, that he intended to send 2000. l. and by 300 l. a piece, he reck­ons up 900. l.

Sir Tho. Gascoyne.

It was a great many years, and several times.

L. C. J.

Tell him it was but between July 77. and June 78.

Sir Tho. Gascoyne.

That does not appear.

Mr. Attor. Gen.

Yes, it does, by the Book.

Mr. Just. Dolben.

Then how came you to return 900. l. in one year to Corker?

Mr. Serj. Maynard.

And never had 200 l. he says together.

Mr. Attorn. Gen.

Then here is another Passage in this Book, if it please your Lordship to have it read.

Clerk.

Take Heworth at an easie Rent of the Widow—and purchase the Rever­sion of Craddock—and in the Interim Dawson.

Mr. Just. Dolben.

Ask him what he did mean by taking of Heworth?

Sir Tho. Gascoyne.

I took no House there.

Mr. Just. Dolben.

But did he agree to buy the Reversion of it.

Sir Tho. Gascoyne.

It was for my Neece Thwing. She was born in the house, and was very desirous to be in the House.

Mr. Just. Dolben.

Ay! but why did he take the Lease of the Widow, du­ring her Joynture, and why buy the Reversion?

Sir Tho. Gascoyne.

I know no Reason but my Affection to her.

Mr. Attor. Gen.

Ask him who he did intend should live in the House?

Sir Tho. Gascoyne.

Nay, I don't know what they intended my Neece Thwing.

Mr. Just. Dolben.

Did you intend to buy it for yourself?

Sir Tho. Gascoyne.

No, I lent her the Money.

Mr. Just. Dolben.

Did you intend it for her?

Sir Tho. Gascoyne.

I might do with it what I would.

Mr. Attor. Gen.

Ask him if his Neece Thwing was a single Woman, and was [Page 32] to have the whole House to her felf?

Sir Tho. Gascoyne.

She had her Brother with her.

Mr. Hobart.

He sayes Mrs Ellen Thwing was a Nun, Mrs. Lassels was to be Lady Abbess, Mrs. Beckwith was her Assistant, and Mrs. Cornwallis and others were Nuns.

L. C. J.

Ask him if Mrs. Lassels was not to be Lady Abbess and live there?

Sir Tho. Gascoyne.

I know nothing of it.

Mr. Att. Gen.

Ask him if there was not one Mrs. Benningfield to be there?

Sir Tho. Gascoyne.

No.

Mr. Bolron.

Yes, she was to be there.

Mr. Just. Jones.

Why, do you know any thing of her?

Mr. Att. Gen.

She is in York Gaol.

Mr. Bolron.

No, she is gone from thence. My Lord, Ellen Thwing was a Nun, and was sent for from beyond Sea to instruct all them that should be made Nuns, and this Father Cornwallis was Father Confessor to the Nuns. He is now in York Goal, taken with two Women.

Mr. Just. Jones.

Ask him what he meant by that writing in the Almanack?

Sir Tho. Gascoyne.

I did write things here for a Memorandum to help and assist my Neece, and the poor Children of my Brother; and so the Widow that was Sir Walter Vavasor's Sister, was to sell the House, and one Craddock meant to sell all the Lordship, and the Children were desirous to keep the House, and so they bought the House and one Close, and all the rest was sold; so I writ it onely that they should have the assistance of Sir Walter Vavasor to have the House.

Mr. Just. Dolben.

Pray ask him what he means by the words, in the interim at Dawson.

Sir. Tho. Gascoyne.

Nay, what do I know.

L. C. J.

Ask, if Mrs. Thwing were not a Nun?

Sir Tho. Gascoyne.

They did desire if they could not get that House, that they might have another House.

Mr. Just. Dolben.

And all this for Mrs. Thwing. Ask him if she was not be­yond Sea, and kept in a Nunnery?

Sir Tho. Gascoyne.

Nay, I can't tell what she was.

Mr. Att. Gen.

Here is another Note in this Almanack, pray read it.

It was sirst shewed to Sir Tho. Gascoyne, who owned it to be his hand.

Clerk.

Mr. Harcourt, next House to the Arch within Lincolns-Inn-Fields, Mr. Parr's.

L. C. J.

No question but he was acquainted with all the Priests about the Town, and had directions to write to them.

Mr. Just. Pemberton.

He hath been Priest-ridden by them, that is plain.

Mr. Recorder.

Ask him what he means by the last Mark there set under London?

Sir. Tho. Gascoyne.

I can't tell what it is, 'tis a Quaere.

Mr. Att. Gen.

In the Almanack there is a Memorandum to acquaint Mr. [...] with the whole Design, what it was, I can't tell.

L. C. J.

Ay, Pray let's see that.

Mr. Attorn. Gen.
[Page 33]

This Thwing is a Priest, in Newgate at this time.

Clerk.

The 15th of April 1676. Memorand. Acquaint Mr. Thomas Thwing with the whole Design.

L. C. J.

Now shew him that.

Sir Tho. Gasc.

Look you, what is it you would have?

Mr. Hobart.

What Design was that?

Sir Tho. Gascoyne.

It was my providing moneys for him and his Sister, that they should tell how to purchase the House.

Mr. Att. Gen.

What, a Priest and a Nun?

Mr. Just. Dolb.

They had vow'd contrary to that.

Mr. Just. Pemb.

Ask him whether Thwing be not a Priest?

Mr. Hobart.

Is this Thwing a Priest? Thomas Thwing?

Sir Tho. Gascoyne.

No, it was Ferdinando Thwing, that is now dead.

Mr. Att. Gen.

No, but this is Thomas Thwing: Is he a Priest?

Sir Tho. Gasc.

I do not know, what have I to do?

L. C. J.

Then consider how likely it was, he was to purchase an House for a Priest and a Nun, for some such business as is sworn.

Mr. Hobart.

He sayes no, my Lord.

L. C. J.

What is the meaning of it then, that he should name the whole Design?

Mr. Hobart.

He sayes it was the Brothers and Sisters that lived next door to him.

L. C. J.

Ay, but 'tis said, Acquaint Thomas Thwing with the whole Design.

Mr. Hobart.

He might acquaint Thomas Thwing with such his intention.

Mr. Att. Gen.

We will now shew your Lordship a Letter, taken among the Papers of Sir Thomas Gascoyne, wherein is this Proviso, talking of the Settlement, In the formal Settlement, let this Proviso be added, If England were converted, then to be disposed so and so.

L. C. J.

Mr. Bolron, how came you by that Paper?

Mr. Bolron.

I took this Paper in Sir Thomas Gascoyne's Chamber, with seve­ral others, I remember some had his hand to them, others had not, and some were signed Pracid, and some Cornwallis.

L. C. J.

Is there any mark of his Hand to that Paper?

Mr. Att. Gen.

Yes there is a mark in this, of Sir Thomas's own hand, the word (Yes) in the Margent.

Clerk.
Most Honoured Sir,

AFter most grateful Acknowledgments of all your charitable Favours, as to my own particular; I am also herewith to present most humble and heartiest thanks on behalf of your Neece, and Mrs. Hastings here, who both would esteem it a great happiness to see you here, as also my Lady, your honoured Daughter, to whom we beseech our humble Respects may be presented. I have sent the Paper safely to good Mrs. Bedingfield, from whom shortly you will have Religious acknowledg­ments. I told her, that I suppos'd you would judge fitting to insert into the formal Writing the Proviso, viz. That if England be converted, then the whole 90 l. per annum is to be applyed here in Yorkshire, about, or at Heworth, &c. the [Page 34] which, doubtless, will be as acceptable unto her, and as much to [...] as possibly can be imagined. Now, dearest Sir, let me not be too much trouble­som, save only to wish you from his Divine Majesty, for whose everlasting Glories greater Praise and Honour you do this most pious Action, the happy Enjoyment of that Glory everlasting. I would lastly advise you in Gods holy name, to com­pleat the Business by drawing the formal writing as soon as possible; & with­outNote: YES.making any material Alteration from what you have already sign­ed, save only the Proviso above written. I should be glad to know concern­ing the Receipt hereof; and when Sir Miles and your Son are likely to attend you to finish the Business: as also when Mr. Pierpoint shall be arrived. These good Religious are very desirous with your Approbation (and Mrs. Bed. at my coming from her wished the same) to try for a Removal to Mr. Dawson's; th'impediments here being essential, as the house incapable to receive more Scholars, with many other Inconveniences also. Time permits no more, only we again express our earnest de­sires to see your Honour here with my Lady, as the greatest Satisfaction we can desire: I remember you hinted to Mrs. Beding. not long since, that perhaps you might see her at Hammersmith. and how much easier you may come hither, we ear­nestly beseech you to take into Consideration to the Purpose.

Most honoured Sir,
Your Honour's most obliged faithful Servant, JO. PRACID.
L. C. J.

I think 'tis pretty plain, there was a Design of erecting a Nun­nery.

Mr. Serj. Maynard.

If England is converted then the whole 90 l. a year to be employed in Yorkshire about a rotten House, which would be much for Gods Glory.

L. C. J.

What other Evidence have you?

Mr. Recorder.

If your Lordship please, we have another Letter Dated from York Castle, and the backside of the Letter is indorsed by Sir Tho. Gas­coyne's own hand, the time when he received it.

L. C. J.

When was it?

Mr. Recorder.

The last May, he dates it from York Castle, where he was in Prison, and therein gives Sir Thomas an Account of the Opinion of the Doctors of Sorbonne about the taking the Oath of Allegiance.

L. C. J.

No Doubt all of them do not approve of it.

Mr. Just. Dolben.

As I believe this same Pracid was the Occasion of so ma­ny Gentlemen refusing the Oath of Allegiance, I convicted above 40 of them in that County for not taking of it.

Mr. Serj. Maynard.

Noscitur ex comite. You see if this be the effect of it, what reason we have to rid our selves of these Priests. One that dares write such a Letter, and 'tis found in Sir Thomas's Study.

Mr. Just. Pemberton.

And Sir Thomas's own hand on the back of it.

Mr. Serj. Maynard.

My Lord, under Favour, I do take it, that the debauch­ing of men in point of Conscience, that they may not take the Oath of Al­legiance is to set them loose from the Government, and loose from the King, [Page 35] and make them ready to arm when they have Opportunity.

Mr. Just. Pemberton.

No Doubt of it Brother.

L. C. J.

All the Jesuits say they may not take it, but some of the Sorbo­nists say they may.

Mr. Just. Pemberton.

But now you see they are against it.

L. C. J.

Some will, and some will not allow it.

Mr. Just. Jones.

They take or leave Oaths as it is convenient for them.

Then the Letter being shewn to Mr. Mowbray, and the Indors­ment acknowledged to be Sir Thomas's hand was read.

Clerk.
Honoured, and ever dearest Sir,

LOnger time having pass'd since your last writing, it is fit to inform you how Gods holy Providence disposes concerning us. All the Out-prisoners being call'd into the Castle, (as you may have heard) Mrs. Hastings Room was needed, and so she went into Castle-gate to reside at the former lodging of one Mrs. Wait, (who is now in the Jayl) where she remains with Mrs. Wait's two children, and their Maid-servant, teaching the children, as formerly; also the Moor's Neece goes daily thither; and Mrs. Hastings lives without charge as to Diet and Lodging, as I formerly told you; she spends all her time well, God be praised, and comes every morning about seven a clock to serve God at the Castle: but I and two others are much abridg'd of that happiness by her Room being left by her here. My liberty of going abroad is restrain'd with the rest, none being as yet permitted the least, since these last were forced to come in. Madam was here the other day, and seem'd somewhat timorous about Mrs. Hastings teaching: but most in the Castle perswaded her, that it was most commendable and most secure, and so she rests satisfied: Mrs. Cornwallis is recovered of her Ague, God be blest: she desires her dutiful respects may be alwayes presented unto you, and intends her self to write to you. Mrs. Wood and her Companion are well, but dare not as yet walk in their own Garden. All our now Prisoners are chearful, and each of us comforted, in hopes that God will make all Catholicks of one mind: for I have a Letter from our *Mr. Record. That is Superior. Spr. at London (who was the same day taken and carried to Prison) wherein he declares, alledging Authori­ty, That the pretended Oath of Allegiance cannot be taken, as it is worded, adding, that three Brieves have formerly been sent from the Pope, expresly prohibiting it; and in the third, it is declared damnable to take it. And ye­sterday we had a Letter communicated amongst us, sent by Mr. Middleton (now at Paris) to his Friends here, containing the attestation of all the Sor­bon Doctors against it; adding, that whosoever here in England give leave, they deceive People, and are contrary to the whole [...]atholick Church. There was also a meeting some years ago, of all the Superiours both Secular and Regular, wherein it was unanimously declared, that it could not be taken. Mr. Hutchison (aliàs Berry) who has lately printed a Pamphlet in de­fence of the Oaths, has the other day declared himself Protestant at St. Margarets Westminster. And so I rest,

Honoured Sir,
Your ever obliged J. P.
Mr. Recorder.
[Page 36]

That is all, the other is private.

Mr. Att. Gen.

If your Lordship please, we shall now prove by some Witnes­ses, That he hath returned great Sums of Money, because he said, he never had 200 l. together; and for this we call Mr. Phiswick;

(Who was sworn.)

Come Sir, were you a Servant to Sir Tho. Gascoyne?

Mr. Phiswick.

Yes.

Mr. Att. Gen.

For how long time?

Mr. Phiswick.

For six years and upwards.

Mr. Att. Gen.

In that six years time what Sums of money did you return to London?

Mr. Phiswick.

'Tis abstracted in a Note.

Mr. Att. Gen.

Did you return all the Sums in that Note?

Mr. Phiswick.

I refer my self to my Almanack.

Mr. Att. Gen.

Did you set down this Account?

Mr. Phiswick.

Yes, Sir.

Mr. Att. Gen.

Then thus, Sir, pray what comes it to?

Mr. Phiswick.

Those Sums do come to 6128 l.

L. C. J.

Whose money was that?

Mr. Phiswick.

Part of it was Sir Thomas's, part his So [...]s, and part my La­dy Tempest's.

L. C. J.

Can you tell how much in any one year you returned upon the account of Sir Thomas?

Mr. Phiswick.

Not unless I had my Almanack.

L. C. J.

It will be endless to look over the particulars.

Mr. Just. Pemberton.

Can you make any Estimate [...] six years how much you returned for Sir Thomas himself?

Mr. Phiswick.

No, not without my Almanack, because I returned money for them all.

Mr. Att. Gen.

My Lady Tempest and Mr. Gascoyne, it hath been proved, were in all the Discourses.

L. C. J.

But that hath not any influence upon Sir Thomas.

Mr. Phiswick.

The Esquire lived much in London.

Mr. Just. Dolb.

What Estate had he to live upon?

Mr. Phiswick.

Betwixt 4 and 500 l. a year.

Mr. Just. Pemb.

What Estate had Sir Thomas besides?

Mr. Mowbray.

My Lord, I believe it was 1600 l. a year, besides what Mr. Gascoyne had.

Mr. Just. Dolb.

And what had my Lady Tempest?

Mr. Phiswick.

Three hundred pound a year.

Mr. Just. Dolben.

But she lived in Yorkshire?

Mr. Phiswick.

Yes.

Mr. Just. Dolben.

So she needed little returns to London?

Mr. Just. Pemberton.

But admit they had returned all, yet there was 300 l. a year to be returned for Sir Thomas.

Mr. Att. Gen.

My Lord, here is Mr. Mawson, I think 2500 l. was received by him.

Mr. Phiswick.

I paid in the Countrey, at Leeds, money, that he paid here in Town.

Mr. Att. Gen.

Here is 25 l. paid to Harcourt, I would ask him whether it were the same Harcourt that was executed?

Mr. Just. Pemberton.
[Page 37]

I think that not material.

Mr. Att. Gen.

My Lord, if you please we will shew you the Exami­nation taken before the Council, that Sir Thomas did own this Bolron had bin his Servant, and never unfaithful, but always took him to be, as he now found him, a Fool.

Mr. Just. Dolben.

If he object any thing, it will come in properly by way of reply.

Mr. Att. Gen.

Then now we have done till we hear what the Priso­ner says to it.

L. C. J.

Tell him they have done with their Evidence against him, if he will have any Witnesses examined, he must call them.

Mr. Hobert.

The Kings Evidence have bin all heard, and said as much as they can, the Court askes you if you would call any Witnesses, or say any thing for your self? have you any Witnesses here?

Sir Thomas Gascoyne.

Yes.

Mr. Hobart.

Name them, Sir.

Mr. Just. Dolben.

Ask what he will have done with them?

Mr. Just. Jones.

Let him tell us to what purpose he will call them.

Sir Thomas Gascoyne.

To Examine them to the credit, and demeanour of these Men, and that there is no probability in their suggestions.

Mr. Hobart.

Name them, Sir.

Sir Tho. Gascoyne.

They are all in that Note.

Mr. Babbington was first Examined.

Mr. Just. Pemberton.

Ask Sir Thomas what he would have him ask­ed.

Sir Tho. Gascoin.

Look you, Sir, what do you know concerning the dif­ference between Mr. Bolron and I?

L. C. J.

Well, what say you to that Q [...]estion?

Mr. Babbington.

My Lord, I have not been imploied in Sir Thomas Gas­coin's business before the last Winter.

Mr. Just. Dolbin.

What do you know then?

Mr. Babbington.

About Spring last Sir Thomas Gascoine was consulting with me about Money Bolron owed him upon two Bonds, and gave me Directions to sue them. And likewise he was giving me Directions to deliver Declarations in Ejectment for gaining the possession of his Farm, because he did not pay his Rent—.

L. C. J.

How much were the Bonds for?

Mr. Babbington.

I have them here I think.

L. C. J.

You need not look for them, you may tell us the Sums.

Mr. Babbington.

The one is for Twenty eight pounds, the other Twen­ty, to the best of my remembrance. Mr. Bolron having notice of this, did desire he would accept of a Conveyance of an House he had at New­castle for satisfaction of his Debt. Sir Thomas was unwilling to accept of it, but I did prevail with him to accept it, not in Satisfaction, but as an addi­tional Security; and the Deeds I have here that I drew for that end.

Mr. Just. Pemberton.

What time was this?

Mr. Babbington.

This was a little before last Trinity Term begun. I have taken a Memorandum within a day or two, if your Lordship will give me leave to look upon it.

Mr. Just. Dolben.
[Page 38]

Have you not had all this time to get your Papers ready?

Mr. Babbington.

My Memory is very short indeed. But now I see a­bout the third or fourth of June Sir Thomas gave me orders to deliver De­clarations in Ejectment.

Mr. Just. Dolben.

When did he first bid you question him for Monies upon the Bonds?

Mr. Babbington.

It was sometime in May.

L. C. J.

Did he tell you, you must sue him?

Mr. Babbington.

Yes.

L. C. J.

What t [...]en did Bolron say?

Mr. Babbington.

Bolron did then desire that Sir Thomas would accept of Security out of his House at Newcastle. Sir Thomas was very hard to be perswaded, but at length I did prevail with him, and I used this Argu­ment, That it was not to lend so much Money upon that Security, but his Money was already out of his hands, a [...]d else desperate, and this was a further security, and that it would not lessen his other Security, and upon these perswasions he did let me draw a Deed to that purpose.

L. C. J.

Was this some t [...]me in May?

Mr. Babbington.

This d [...]course was in May.

L. C. J.

Are you sure of it?

Mr. [...].

The directions that I had for drawing the Deed was in June, but the discourse with Sir Thomas was in May, and I do per [...]ectly remember it by a Circumstance which I shall tell your Lordship. A [...]er the Deeds were drawn, (for drawing of which I had a Letter under B [...]lrons own hand, and if occasion be I have the Letter here to produce) I came from York, having bin there, and appointed a day for the Sealing of them. I came to the House where Bolron lived, and Sir Thomas met me, and there [...] pro­duced the Deeds, and he of himself was very ready and willing to [...]he sealing of them, but his Wife, who was joyned in the Deeds wi [...] [...]im, would not by any means seal, unless Sir Thomas would deliver up the Bonds he had taken for the Money, but Sir Thomas did utterly refuse to de­liver up the Bonds.

L. C. J.

What time in June was this?

Mr. Babbington.

A little before Whitsontide.

L. C. J.

What time was that?

Mr. Babbington.

That was the 14th of June, as I remember, that I de­livered the Declaration; and that day before, which was the 13th to the best of my remembrance, I had this Communication and discourse about Sealing the Writings, which the Wife refused to joyn in; but Sir Thomas would only take it as an additional Security, refusing to deliver up the Bonds, but he would suspend further prosecution, and Bolron did then desire no longer time then a month for payment of the Money. But his Wife tho she were urged to seal the Writings would not be perswaded, but utterly denied it. After we had spent a great deal of time there, Bolron comes to me and desires me to come another time, and he would perswade his Wife to seal the Deed; nay, said I, 'tis not fit for me to come up and down unless it be to some purpose, and your Wife will Seal; Will! nay, saies he, I will force her to it. My answer was this, if you take these Courses, Mr. Bolron, I must by no means be concerned in the matter; for your Wi [...]e must pass a Fine, and we must examine her [...]ecretly, and if she tells me she does it by your [Page 39] Force, I will not pass it if you would give me a 1000 l. After this about a fortnight he sent for me to come and his Wife would Seal.

L. C. J.

By the way, are you a Protestant?

Mr. Babbington.

Yes, I am Sir.

L. C. J.

And always was?

Mr. Babbington.

Yes.

Mr. Att. Gen.

Yes, he is an Attorney at large, I know him very well.

Mr. Babbington.

This was a fortnight or three weeks after that, the lat­ter end of June, he sent for me to his House, and that his Wife would be contented to seal. And this he desired might be done on the Tuesday, which was Leeds Market-day, and I could not go. The next day I called upon him at Shippon-Hall; he was then within, a [...]d desired me to go up to Barmbow to Sir Tho. Gascoyn's with him: he said he should go within two or three days to Newcastle, for he had a Chapman that would lay down the Money, and take the security of the House, and he desired he might have the liberty to go thither to treat about it. I told him I did believe it would be no hard matter to perswade Sir Thomas to that, for he would be very glad of it. I went up with him to Barmbow, and as we went along, he asked me if Sir Thomas did intend to sue him upon his Bond? I told him I had directions so to do. He asked me likewise if he would turn him out of his Farm? I told him, Yes, if he would not pay his Rent; and the truth of it is, he did then deny he had received the Declaration in Ejectment: but my Man afterwards made his Affidavit of delivery, and had Judgment upon it. Afterwards I went up to Sir Thomas, and told him what Bolron desired, and he consented to it as readily as it could be asked; and in coming away he told Bolron, that in the management of his Coalpits he did neglect very much, and did go abroad, staying away two or three days together. To this Bolron made some excuse, and said it was for collecting his Debts. Said Sir Thomas, I know not what you are about, but if you do well for your self, I am satisfied.

L. C. J.

How long had he been from him, and left his Service then?

Mr. Babbington.

I know not when he went, but this was in June last. After this we went back again, and in coming back he was very inquisitive to the same purpose; he was asking me—

L. C. J.

You say he child him, and told him he was not a good husband in his Coalery.

Mr. Babbington.

Yes; and as we came back he was inquisitive whe­ther Sir Tho. Gascoin would sue him, and turn him out of his Farm. I did then enter into the same expressions, and told him, if he did not pay, he must be sued.

L. C. J.

You told me, Sir Thomas was agreed to stay so long, when was this?

Mr. Babbington.

My Lord, this was after we had parted with Sir Tho­mas.

L. C. J.

After Sir Thomas had prom [...]ed him to s [...]ay so long time, then said he, as you were coming home, Do you think he will sue me, and turn me out of my Farm?

Mr. Babbing.

Yes, said I. Well, said he, Then by God I will do that which I did not intend to do. What he meant by it. I cannot tell, but this was a little before he came to London, which I judge to be the latter end of June; and this is all I have to say.

[Page 40]Then Obadiah Moor was called.

Mr. Just. Jones.

Did you tell Sir Thomas Gascoyne, what he said, Then I will do what I never did intend to do.

Mr. Babbington.

I did never tell him my Lord, for I look'd upon it as an idle expression. And I will tell your Lordship why; because this Man that is now to be examined did tell me how that he was bound for him, and that Bolron to incourage him to be bound, said, You need not fear, for if Sir Tho­mas sues me, I will inform against him for keeping Priests in his House; and I did look upon it as an idle expression.

Mr. Moor.

My Lord, in September last was 12 Month, Mr. Bolron did desire me to be bound with him to Sir Tho. Gascoyn. Said I, I told him, Mr. Bolron, I have some small Acquaintance with you, but I have no reason to be bound with you. Said he, Do not fear; there is my Brother Baker, and Stephen Thompson are to be bound as well as you. Said he, I will give you my Counter-security. That signifies nothing, said I. You need not fear any Suits, said he; for if Sir Thomas sues me, I will inform against him for keeping Priests. Said he, When must this Money be paid? Said he, at Candlemas next. So we went and were bound; the one Bond was to be paid at Candlemas last, and the other in August. And after Candlemas he did not pay the Money, and said I, Mr. Bolron, I don't like these Bonds, you must make new Bonds for my security. I was afraid of being sued, and I desired Mr. Babbington to bring a Writ against him, which he did; and upon Holy-Thursday I had two Bayliffs ready to arrest him, but he could not be found; and I had two likewise the Saturday before at his Pi [...]s. Presently after he came up to London, and made an Information, and on the 8th of August last I met him in Ferry Bridg, and he came along with me; said he, Mr. Moor, you and I have often discoursed of Sir Tho. Gascoyn, you may do me good, if you do not, pray do me no harm. You have been often at his House. With that, I asked him if he was concerned in the Plot? for, said I, you have been often telling me, and sworn it, and deny'd it utterly, that he was no more concerned than any body else: but I did but equivocate then, for I was a Papist, and if I had told a 1000 Lies, or killed 20 Pro­testants, our Priest would have forgiven me for it. And so coming to Farnborn, two Miles from Ferry-Bridge, he plucked out 10 s. and said, I have no more Mony in my Pocket but this, but pray be kind and do me no harm, for you know I have deni'd it all along.

Mr. Just. Jones.

Hath he done so?

Mr. Moor.

Yes, several times.

L. C. J.

How came you to disourse with him, and question him about it?

Mr. Moor.

Because there was a general Discourse in the Contrey, that there were few Papists but what were concerned, and guilty of the Plot.

L. C. J.

When was that Discourse?

Mr. Moor.

The latter end of September was 12 Month, when the Plot ws first discovered. And he said, Sir Thomas was no more concerned than the Child that was to be born.

L. C. J.

Had you any Discourse with him about May last?

Mr. Moor.

No, my Lord, in August as I told you I had.

L. C. J.

When was the last time that he told you, Sir Thomas had not an hand in the Plot?

Mr. Moor.
[Page 41]

I can't certainly remember, but I think it was in February, when I told him I would sue the Bond, or have better security. It was a small time after Candlemas.

Mr. Just. Jones.

What are you, a Protestant, or a Papist?

Mr. Moor.

A Protestant, bred and born so.

Mr. Just. Pemberton.

He would have sworn it no doubt at that time, for he was under an Oath of Secrecy.

L. C. J.

But you say August was the first time that he discoursed to you that Sir Thomas was in the Plot.

Mr. Moor.

Yes.

Then Stephen Thompson was called.

Mr. Just. Dolben.

Well, what do you know of this Business?

Mr. Thompson.

My Lord, if you will give me leave to speak, I know a great deal of the Unkindness betwixt Sir Thomas and Mr. Bolron. He came down to me, he was Sir Tho. Gascoyne's Steward of his Coleary, and Sir Thomas liked not of his Accompts, and turned him forth. There was a great deal of Mo­ny owing to Sir Thomas, and he came to Sir Thomas to agree about it, and he desired me to be bound with him to Sir Thomas: Said I, Mr. Bolron, how shall I be secured? Said he, there is a great deal of Money of which I never gave Sir Thomas any accompt, I will gather it in and secure all, and so Sir Tho. Gascoyne knew nothing of it. So Bonds for 60 l. were entred into to pay 28 l. at Candlemas. So Sir, when Candlemas came, and he did not pay the Money, I went up to him, and asked him what he would do about this Money, what course he would take to satisfy? Oh! never fear, said he; why said I, hath he any hand in the Plot? if he hath let us know it; for he had made a great deal of his Goods away, and then I thought I should not be secured, Oh said he, he is a sin less of it.

L. C. J.

Who did make away his Goods?

Mr. Thomson.

Bolron did.

L. C. J.

When was this?

Mr. Thomson.

Candlemas last. For then I thought Sir Thomas might sue me for the Money, and I would feign have known if Sir Thomas had any hand in the Plot, and I pressed him much to tell me. Then it passed on, and having a Writ out against me, I durst not stir out my self, but I did send my Man to him to know what he did intend to do about it. He told my Man, Brother, tell thy Master he need not to fear at all; why said my Man, do you know he hath any hand in the Plot?—

Mr. Just. Dolben.

That is but what your Man said.

Mr. Just. Pemberton.

Is your Man here?

Mr. Thompson.

No.

Mr. Just. Dolben.

Therefore you must not urge that he said to you, 'tis no Evidence.

Mr. Thomson.

On Thursday after I went up to him my self, and got him to go up to Sir Thomas, and so when he came to Sir Thomas, he would give him no time but a fortnight to pay the Money. Bolron desired but three weeks time, and he would procure him his Money. So away we came down. Said I, What do you intend to do in this case? Said he, If he do sue me, I will do [...]im an ill [...]urn; and soon after he went to London, and said, he would go to sell his Land at Newcastle. And a while after I went out to see if he were come again, and meeting him, it was when he was going [Page 42] to London again to [...]arry on his designe, said I, Robert Bolron what do you say in this Case, you are going now to leave the Country, and how shall I be secured against Sir Thomas? do not question it, said he, for I am to receive on the Kings Account 30 l.

L. C. J.

Upon whose Account?

Mr. Tompson.

Upon the King's, concerning the taking Sir Tho. Ga [...].

Mr. Bolron.

But I never had a farthing of it.

Mr. Thompson.

But said he, I will not take it, for another bids me threescore pounds, and I know what Oats and Bedloe had, and I won't aba [...] a farthing of that.

L. C. J.

When was this?

Mr. Thompson.

It was after he had taken him; and on Holy Thnrsday he did say, If he did sue him, he would do him an ill turn.

Then the Lord Chief Justice being to sit [...] Nisi prius at Guild­Hall, went off.

William Backhouse was next called.

Mr. Just. Jones.

Let him ask Backhouse what he will.

Sir Tho. Gascoyn.

I would ask him what Threats he gave to his Wife to swear against her Conscience, and pro [...]ise of 500l. he should gain by it.

Backhouse.

I served the Warrant to carry the Witnesses before Esq Lowther, and Esq Tindall. I was charged the 7th of July last to help fetch the Witnesses before the Justices, and to take Sir Tho. Gascoyn, I and two of my Sons; and he opened the Door his own self. When we had taken him, Esq Lowther directed us to bring the Witnesses before him, and we did so. When we came to Bolron's House, his Wife was sick on Bed, and I said that she must go before the Justice of Peace to swear against Sir Tho. Gascoyn for High Treason. She said she knew nothing against Sir Thomas. But Bolron said she must go, or he would have her drawn at the Carts Arse.

Then Hamsworth was called.

Mr. Just. Jones.

What will he ask him?

Sir Tho. Gascoyn.

I ask him about the Threatning of his Wife.

Hamsworth.

May it please you, my Lord: The same day that Sir Tho. Gascoyn was taken, Robert Bolron came to his Wife and told her, she must go to Esq Lowther to swear against Sir Tho. Gascoin. She fell a weeping, and would not go by no means: he threatned if she would not go, he would tie her to the Horse's tayl.

Mr. Just. Dolben.

Did he tell her what she should swear?

Hamsworth.

I did not hear him, only to swear against Sir Thomas.

Mr. Just. Dolben.

What she k [...]ew, was it?

Hamsworth.

Yes; and she said, she did not know any thing of Misde­mea [...]our of Sir Thomas Gascoyn touching his Sacred Majesty, or the Church. Government.

Mr. Just. Jones.

Art thou sure he said those words?

Mr. Mowbray.

My Lord, he is a Papist.

Hamsworth.

I am a Protestant.

Mr. Just. Pemberton.

How long have you been a Protestant?

Hamsworth.

I was born so.

Mr. Just. Jones.
[Page 43]

Well, thou hast added a few fine words that I dare say she never said.

Mr. Just. Pemberton.

Were you never a Papist?

Hamsworth.

Yes, I was.

Nicholas Shippon was called.

Mr. Mowbray.

This Man is a Papist too.

Mr. Just. Dolben.

Do you think he is not a Witness for all that?

Sir T. Gascoyn.

What discourse he had May 30, the day after the Race.

Mr. Just. Pemberton.

Well, ask him what you will, what do you say

Shippon.

Mr. Bolron was with me the 30th day of May.

Mr. Just. Dolben.

What, May last?

Shippon.

Yes, the day after Ascension-day: He came to my House about two a Clock in the afternoon, and staid at my House all that afternoon while an hour after Sun set before he went away. He came and brought a Letter with him to carry to Newcastle, and it was sent away thither.

Mr. Just. Dolben.

Are you sure it was the day after Assension-day? How if it should fall out to be another day?

Shippon.

Yes, Assension-day was the 29th of May. He came to me about two a Clock.

Mr. Serj. Maynard.

Pray what reason had you to take notice of this?

Shippon.

He came and brought a Letter to me that was to goto New­castle, and desired me, that my little Boy might carry it to a kinsmans▪ house of mine, for he said, he was afraid of the Bailiff, and did not care for stirring out. My Wife brought him some meat and drink, and he said it was better than he had at home; and she said she was the more sorry things were no better with him.

Mr. Just. Dolben.

But how came you to take notice that this fell out the 30th of May?

Shippon.

The night before I met him coming from the Race, which was the 29th of May, and he asked me if I saw any Bayliffs waiting for him? and I said, Yes. And he said it was well if he missed them. And he asked me if I saw Bennet Johnson?

Mr. Just. Jones.

How long was it you say he staid?

Shippon.

He came about two a clock▪ and staid till an hour and half af­ter Sun-set.

Mr. Serj. Maynard.

What Religion are you of, Friend, let us know?

Mr. Just. Dolben.

What say you to the truth of this, Bolron?

Mr. Bolron.

My Lord, there is not a word of it true: for I was about two a clock at Sir Thomas Gascoyns. They were marking some Sheep, and I was there most of the Afternoon.

Mr. Just. Jones.

Were you ever at his House at any other time to send any such Letter?

Mr. Balron.

I never sent any such Letter. Indeed that day I was a little of the afternoon at his House, but I staid there but half an hour; but I was most part of the afternoon at Sir Tho. Gascoin's seeing them mark Sheep.

Then Roger Gregson was called.

Mr. Just. Jones.

What do you say to him?

Sir Tho. Gascoin▪

Let him speak his knowledge.

Mr. Serj. Maynard.

I desire he may ask the Question▪ for he only ge­nerally refers to them what they know.

Sir Thomas Gascoyne.
[Page 44]

What did he say to you about August last?

Gregson.

My Lord I will tell you, we met about August last, Robert Bolron and I, about a week before Bartholomew day. We had some discourse, he came from London a little before that, and I asked him how Sir Thomas Gascoyn did.

Mr. Just. Dolben.

Was he apprehended in August last?

Gregson.

Yes, he was in the Tower. He said, Well. I asked him, how he would come off about the Plot (as they call it)? Said he, he may come off well enough, but it will cost him a great deal of Money. I then did ask, how they came to fall out? And he said it was long of that Rogue Addison, Brother to the Priest, who had called him to accompt, or else he had never done Sir Thomas that injury. And I suppose that was the cause of it. And then we had some more discourse, and that Discourse was this, he rides a little from me (he was on Horse-back) and came back again, said he, I can tell you, the King was at Windsor, and one of the Privy Council made an at­tempt to stab the King, and the King made his escape, and now they will believe my Informations the better.

Mr. Just. Pemberton.

Go on.

Gregson.

That is all I have to say.

Mr. Just. Jones.

What, are you a Papist?

Gregson.

No, I am no Papist, I deny it.

Mr. Serj. Maynard.

Nor never was?

Gregson.

Nor never was.

Then J [...]mes Barlowe was called.

Mr. Serj. Maynard.

My Lord, I conceive this Man ought not to be heard, for he is under an Accusation of the same Crime; and we have had two Orders of Council to apprehend him.

Mr. Att. Gen.

There was an Order of Council within this fortnight, to send for him up in Custody.

Mr. Just. Dolben.

There is nothing upon Record against him, and you may discredit his Testimony, but you cannot refuse him: He is not to come upon his Oath.

Mr. Sol. Gen.

Bolron swears too that he was at the Consultation.

Mr. Just. Dolben.

Let us hear him what he says, we must leave it to the Jury what to believe.

Mr. Serj. Maynard.

They would question him about Mr. Bolron's cozen­ing, which ought not be.

Mr. Sol. Gen.

This man hath sworn it against him.

Mr. Hobart.

Why did you not indict him, Sir?

Mr. Serj. Maynard.

Sir, you ought not to prate here.

Mr. Just. Dolben.

Come, I doubt you are a little too pragmatical.

Mr. Just. Jones.

If you had any Record of the Indictment to shew a­gainst him, we would not examine him.

Mr. Hobart.

Will you ask him any Questions, Sir?

Sir Tho. Gascoyne.

You know, Sir,—

Mr. Serj. Maynard.

That is not proper, he tells him what he knows.

Mr. Just. Pemberton.

Look you, Sir, we did not intend that you should come here to manage all as a Counsel; it was said, he could not hear well, and so you were only to tell him what was said.

Sir Tho. Gascoyn.

I would ask him what he does know concerning taking of Money, and stealing from me?

Mr. Just. Dolben.
[Page 45]

But that must not be asked.

(Which Hobert told him.)
Sir Tho. Gascoyn.

Then you must tell me what I must ask.

Mr. Just. Pemberton.

Come, you have been pragmatical, Sir, and made him a Brief, and he cannot manage it without you.

Mr. Serj. Maynard.

Did you write this Brief?

(meaning a Brief in Sir Tho▪ Gascoyns hand.)
Mr. Hobart.

No, and't please you, Sir.

Then Mr. Ravenscroft offered to speak what this Witness had told him.

Mr. Just. Dolben.

Look you, Mr. Ravenscroft, if what he says tend any thing to this business, that Sir Tho. Gascoyn comes to know of his stealing, and then turn'd him out of his service, it is material; but if you come to tell a story here of another man's knowledge, we can't spend our time so.

Mr. Ravenscroft.

It was known but last night to me; and if you will not let me tell you what it is, how should you know it?

Mris Ravenscroft.

He is a Chief Witness for my Grandfather, and I de­sire he may be heard, for he discovered it but last night to my Husband.

Mr. Just. Dolben.

If it tend any thing to this business, that Sir Thomas turn'd him out of Doors, and therefore this Man bears him an ill will.

Mr. Just. Pemberton.

We had as good hear Mr. Ravenscroft however; but pray, Sir, make your story short.

Mr. Ravenscroft.

He came to me and said these words, I have kept a Secret a long while, in which I have done very ill,

Mr. Just. Pemberton.

Then it does not tend at all to this Affair; for you must not come to tell a story out of anothers man's mouth.

Mr. Just. Dolben.

Pray sit still, Sir, and be quiet.

Mr. Just. Jones.

Indeed you must be satisfied.

Mr. Just. Pemberton.

If you have any other Witnesses, call them, and do not spend our time.

Mr. Just. Jones.

For the Jury must be told that 'tis no Evidence com­ing out of another Man's mouth.

Mr. Just. Dolben.

'Tis as if a Man should come and say, I can say something for Sir Thomas Gascoyn, when I know nothing but what another Man told me.

Mr. Just. Jones.

Ask Sir Thomas if he would have this Barlow examined?

Sir Thomas Gascoyne.

Yes.

Mr. Just. Pemberton.

Then what Questions will you ask him?

Sir Tho. Gascoyn.

What Conspiracy was had to take away a great deal of Money from me, and how he conceal'd it because he would not do him a Mischief.

Mr. Just. Dolben.

What is that to Sir Thomas's Life?

Mr. Ravenscroft.

I cannot tell you by bare Assertion, but if you will hear what I have to say, do. Last night, late at night, about nine a Clock, Barlow came to me, says he, Mr. Ravenscroft

Mr. Just. Dolben.

Come, don't tell us the Preamble, but the Story.

Mr. Ravenscroft.

Said he, I have a thing that sticks upon my thoughts, which I doubt may endanger Sir Thomas's Life.

Mr. Just. Dolben.

Well, was it about taking Money?

Mr. Ravenscroft.

Said he, If I am silent▪ I doubt it will cost Sir Thomas his Life. Then I asked him what it was? Says he, Mr. Mowbray, who is a Witness in this Court, and I, did, just a little before his going away, combine, or rather he did [...]educe me—

Mr. Just. Pemberton.

Was it about Money?

Mr Ravenscroft.
[Page 46]

Money is in the Case.

Mr. Just. Dolben.

He did conspire, what to do?

Mr. Ravenscroft.

If you will hear me, I will tell you.

Mr. Just. Jones.

Pray do it quickly then.

Mr. Ravenscroft.

Did combine to wrong Sir Thomas of a great Sum of Money; and whereas I held my tongue, thinking not to spill his Blood, I see now if I do not tell the truth, I shall make good his Credit, and so en­danger Sir Thomas's Life.

Mr. Just. Dolben.

Well, I'le ask you, or any man alive now; Two Men combine to rob Sir Thomas whether one Man be a competent Witness a­gainst the Credit of the other Witness? He makes himself a Rogue by Combining, and you have made him a Knave by his own Confession.

Mr. Ravenscroft.

I may perhaps err in that word; he did not say, com­bine, but the other seduced him.

Mr. Just. Dolben.

You have told a Story to no purpose.

Mr. Just. Pemberton.

You think it a fine thing to be a Catholick, and to appear brisk for them.

Mr. Ravenscroft.

Who says I am a Catholick?

Then George Dixon appeared.

Sir Tho. Gascoyn.

What do you know of any Conspiracy of these Peo­ple against me?

Dixon:

My Lord, I was at William Batley's in August last in the morn­ing at ten a Clock, and Mr. Bolron and Mr. Mowbray came in, and called for a Flaggon of Drink, and when it was brought, they fell into a Dis­course together concerning Sir Thomas Gascoyn and my Lady Tempest. Says Mr. Mowbray, I know nothing of Sir Thomas but that he is a very honest man.

Mr. Serj. Maynard.

He was not bound to tell you what he knew.

Mr. Just. Jones.

When was this, in August last?

Dixon.

Yes; but, said he, if I knew any thing against my Lady Tem­pest I would discover it, for I would hang her if I could. And they sat [...] down at Mr. Batley's House to consult what they should do.

Mr. Just, Pemberton.

Before you?

Dixon.

Yes, I heard every word.

Mr. Just. Jones.

And what did they say?

Dixon.

They said they would meet at Mr. Bolron's House, and if they could compleat their business they should be very well gratified.

Mr. Just. Dolben.

Against whom?

Dixon.

Against my Lady, and Sir Thomas.

Mr. Just. Dolben.

But you say, Mowbray said he knew nothing against Sir Thomas Gascoyne?

Dixon.

No; he said, he knew no hurt by them.

Mr. Just. Dolben.

How come they to say they would contrive their Bu­siness?

Mr. Mowbray.

What man is that, Mr. Bolron?

Mr. Bolron.

I know him not, nor ever held any such Discourse.

Mr. Mowbray.

Nor I.

Mr. Just. Jones.

How far do you live off one from another?

Dixon.

I live at Leeds, Mr. Mowbray knows me.

Mr. Mowbray.

I don't know that ever I saw you.

Dixon.

He hath drunk with me.

Mr. Mowbray.
[Page 47]

I know him not, nor where he dwells.

Mr. Just Dolben.

What Trade are you of?

Dixon.

A Cloth-dresser by trade, but I keep a publick house.

Mr. Just. Dolben.

This Discourse was at Leeds, was it not?

Dixon.

Yes.

Mr. Just. Dolben.

They say both, they do not know you, nay they sware it. And 'tis very like you were but very little acquainted, would they let you hear them talk thus?

Dixon.

We were as well acquainted as can be, but that he will deny it.

Mr. Att. Gen.

Pray what Religion are you of?

Dixon.

A Protestant.

Mr. Att. Gen.

How long have you been so?

Dixon.

All the days of my life.

Mr. Att. Gen.

I can't but wonder at the strangeness of your Acquain­tance.

Mr. Mowbray.

My Lord, I have not drunk at that place which is near the old Church at Leeds, not this two years.

Then William Batley was called.

Batley.

And if it like your Honour, these two Gent. Mr. Bolron and Mr. Mowbray, came to my house, and called for a pot of drink.

Mr. Att. Gen.

Do you not know this man neither?

Mr. Mowbray.

Yes, I do, but I was never three times in his Company in my life.

Batley.

I filled them a Flaggon of Ale, and when I had done I left them. They began to discourse of the Plot, and Sir Tho. Gascoyne; and Mr. Bol­ron.

Mr. Just. Dolben.

At your house, where is your house?

Batley.

My house is near the old Church at Leeds.

Mr. Just. Dolben.

Is that the same place the other man speaks of?

Batley.

Yes. Says Mr. Bolron to him, Thou knowest that Sir Tho. Gascoyne hath been very severe against thee and me, and now here is an opportunity offered us to take a Revenge upon Sir Tho. Gascoyne: Mowbray replyed a­gain, As for Sir Thomas, he is a very honest man, and I know no hurt by him; but as to my Lady Tempest, if I knew any thing against her I would hang her, for I would discover it. But thou knowest, says Bolron, that Sir Thomas sues and troubles me, and if I do not make somewhat out against him, he will ru­ine me, and it must be done by two Witnesses. To which Mr. Mowbray an­swered again, How shall we bring this business about? If thou wilt but come to my house, said he, I will put thee in a way to contrive it, and we shall have a considerable Reward. And Mowbray told him he would come to him such a day.

Mr. Just. Dolben.

Was that man that went out last, with you all the time they spake?

Dixon.

Yes.

Mr. Just. Dolben.

He does not say half so much as you do.

Mr. Just. Pemberton.

Were you in the Room?

Batley.

No, I was at the Stairs head.

Mr. Just. Pemberton.

What did you stand there for?

Batley.

I hearing them discoursing of Sir Tho. Gascoyne, hearked what they did say.

Mr. Just. Dolben.
[Page 48]

The other Man said he was in the Room with them; were you in the Room?

Batley.

I stood upon the Stairs.

Mr. Just. Jones.

Were you in their Company at all that day?

Batley.

Yes, my Lord, I carried up a Flagon of Ale.

Mr. Just. Jones.

Was the door left open?

Batley.

Yes.

Mr. Just. Dolben.

Would any Men talk in such a place as this, that all the World may hear them, when they are contriving to take away a Man's Life?

Mr. Just. Pemberton.

You were in the same Room, Dixon, were you not?

Dixon.

They were at the Grice head, and we at the foot.

Mr. Just. Jones.

But the other says, he was at the top of the Stairs, the head of the Stairs.

Dixon.

We were at the Stairs foot, and they were in the Room.

Batley.

The Table they sate at, joined just upon the head of the Stairs.

Mr. Just. Jones.

Did you hear them down to the Stairs foot?

Dixon.

We did stand there to hear them discourse.

Mr. Just. Dolben.

Could you see them where you were?

Dixon.

Yes, as fair as I see you.

Mr. Just. Dolben.

Could they see you?

Batley.

No, they could not.

Dixon.

Yes, if they had looked down.

Mr. Just. Dolben.

Why then I ask you, Do you think, if you stood in so open a place to be seen, and they had seen you, can you imagine that they would talk so about taking away Sir Thomas Gascoine's life?

Batley.

I do imagine they did not know I was there, nor believe any one heard or saw.

Mr. Just. Pemberton.

Do you know how they came there?

Batley.

They said they came out of Leeds, and said, one Mr. Legat was to come that way, who they were to speak with.

Mr. Just. Jones.

I ask you, if you were in the Room under them?

Batley.

And if it like your Lordship, I stood at the Stair's foot.

Mr. Just. Jones.

Just now you said it was the Stairs head.

Mr. Just. Pemberton.

Did you say any thing to them about this?

Batley.

No, I did not open my Lips to them about it, but I told it to a Friend about three or four weeks after.

Mr. Just. Jones.

To whom?

Batley.

To a Neighbour of mine: I suppose it was told Mr. Babbington.

Mr. Just. Dolben.

What say you, Mr. Babbington? how came you to know of this?

Mr. Babbington.

When the Commissioners of Oyer and Terminer were sitting at Leeds, there was one came and told me, George Dixon could af­ford me something that would be very advantageous for the benefit of Sir Thomas Gascoyn.

Mr. Just. Dolben.

Who was that Man?

Mr. Babbington.

Bennet Johnson, or Francis Johnson.

Mr. Just. Dolben.

Was that the Man you spoke to?

Batley.

No, I spoke it to a Smith, one Richard Loftus.

Mr. Babbington.

I'le tell you another Person I heard it from, that was Mr. Bayliff of Leeds.

Mr. Just. Pemberton.
[Page 49]

Well, was this the common discourse of Leeds?

Mr. Just. Dolben.

He says so. Was it then presently?

Mr. Babbington.

The Bayliff did not tell me so suddenly.

Mr. Just. Dolben.

Would it not have been to your purpose to have brought the Bayliff here?

Mr. Babbington.

It was after the Commission of Oyer and Terminer that I had it from him, which was in October.

Mr. Bolron.

In the time of August I was not at Leeds, I was in Northum­berland searching for Priests, and in the Bishoprick of Durham, all but a little of the first of it.

Then Mrs. Jefferson was called.

Mr. Just. Pemberton.

What do you ask her?

Sir Tho. Gascoyne.

Pray be pleased to speak to the Conspiracy and Combination against me.

Mr. Just. Jones.

Whose Combination? Come, Mistris, what do you know?

Jefferson.

I asked Mr. Mowbray one time, what he knew concerning Sir Thomas Gascoyne? And he said, he knew nothing, but Sir Thomas was a very honest Gentleman for what he knew, and the best Friend he had.

Mr. Just. Jones.

Is that all you know?

Jefferson.

He thought he was wrongfully accused.

Mr. Just. Pemberton.

When was this? was this after the time he was accused by Bolron?

Jefferson.

It may be it might be, I think it was in August.

Mr. Just. Jones.

In August las [...]?

Jefferson.

Yes.

Mr. Just. Dolben.

But you must needs know (it was the talk of the Country) when Sir Thomas Gascoyne was sent for up to Town; was it after that time?

Jefferson.

Yes, I think it was.

Mr. Just. Jones.

Then you say, you heard Mowbray say that Sir [...]. Gascoyne was an honest Gentleman, and he could say nothing against him.

Jefferson.

Yes, ask him else.

Then Matthias Higgringil was called.

Mr. Just. Dolben.

Was he one at the Meeting?

Mr. Bolron.

He was at the sealing the collusive Conveyance.

Mr. Just. Jones.

This Higgringil is a Protestant, is he not?

Mr. Bolron.

I know not, I think so.

Mr. Just. Dolben.

Come, Sir, what say you in this matter?

Higgringil.

To whom?

Mr. Just. Dolben.

What can you say to the Business about Sir Tho Gascoyne?

Sir Tho. Gascoyn.

Speak to the threatnings to take away my life.

Higgringil.

I have nothing to say to Bolron; but Mowbray on 25 Septemb. last, being at an Alehouse, Mr. Legat and he were together, consulting how to disgrace Sir Thomas, and take away his Life; and he calls me out [Page 50] to speak with me: Now, said he, I shall match them, for they have done what they could to disgrace me.

Mr. Just. Jones.

How did he mean that?

Higgringil.

I suppose he had taken away some Money and Gold, and they spoke of it, and that was to disgrace him.

Mr. Just. Dolben.

Was it charged upon him?

Higgringil.

It was suspected always he had taken it away.

Mr. Just. Dolben.

But was there any such thing talked of in the Country?

Mr. Just. Jones.

What did he say to you?

Higgringil.

He said, they did what they could to disgrace him, and take away his life, and he would requite them.

Mr. Just. Pemberton.

Who they?

Higgringil.

Sir Thomas Gascoyne, and my Lady Tempest.

Mr. Just. Pemberton.

Why? did Sir Thomas [...]dict him?

Higgringil.

No; but the noise was about the Country.

Mr. Just. Dolben.

When was this? in September last?

Higgringil.

Yes.

Mr. Just. Dolben.

What Profession are you of, Higgringil?

Higgringil.

An Husbandman, I graze, and I farm a Farm.

Mr. Just. Dolben.

You know this man, do you not, Mr. Mowbray?

Mr. Mowbray.

Yes; Sir Thomas employs him, he is a kind of Col­lector to him.

Mr. Ravenscroft.

He is no Papist.

Then Francis Johnson appeared.

Mr. Just. Dolben.

Well, come, what do you know?

Johnson.

He hath sustained great Losses by him.

Mr. Just. Dolben.

He! who?

Johnson.

Sir Thomas Gascoyne.

Mr. Just. Dolben.

By whom?

Johnson.

By Mr. Bolron.

Mr. Just. Dolben.

What Loss hath he received?

Johnson.

The very first Month he entred, he wronged him of three pound.

Mr. Just. Jones.

How do you know that?

Johnson.

I cast up the Accompt my self.

Mr. Just. Jones.

But he kept him two years after that?

Johnson.

Yes, he did.

Mr. Just. Jones.

Is this all you have to say?

Johnson.

Yes.

Mr. Bolron.

My Lord, I lost three Pounds the first three weeks, and Sir Thomas forgave me it; I don't deny it.

Mr. Just. Dolben.

Do you know of any malice between them, and that he said he would do him any mischief?

Johnson.

No.

[Page 51]Then Mr. Pebles Clerk of the Peace in the Coun­ty of York was called.

Sir Tho. Gascoyn.

I would desire you to speak of the Carriage of Mr. Bolron to you, Sir, what you know.

Mr. Pebles.

My Lord, I was in York last Assizes, and Mr. Bolron came to me into a Room, where I was with some Gentlemen, and asked me how I did? and asked me if I did not know him? I told him I did not remember him; said he, I am the the prosecutor against Sir Tho. Gascoyne. So when he was sat down, after a little while, he desired to discourse with me, and asked me if a man was indicted as a Traytor whether it were fit to pay him Money? I owe, said he, Sir Tho. Gascoyne Money, and I would know whether it be fit to pay it to him? said I, I think you may safely pay him his Money before he be convicted, but then 'tis the King's in my opinion. Nay, said Bol. he is sure to be convicted. Thensaid I, I think it not safe to pay it therefore I leave that to your own Discretion whether you will or no. Alit­tle after he desired to have my Opinion concerning the two Judges that came our Circuit, for I am might [...]ly abused by them, said he, they will not at all give me Audience; I came from the King and Council, and they slight me, will not hear me speak. Said I, I believe if you will go to them, they will hear you. I went to speak with them, and they sent some of their Servants out to know what I would say to them; but I have wr [...] a Letter to them, to tell them my mind, but said I, I can't believe, that any one will pre­sume to carry such a Letter, but for that I will leave it to you. So I came away from him, and after he follows me out, and desires to speak with me again; said he, I have something against you concerning this business in hand, I can do you a prejudice if I will. Said I, God bless me, I know no­thing of it, I do not at all intend to court your Favour, I have no mind at all to that. Said he, I will not do it; and he spoke as if he had no desire to do it; I would not court him, but came away and left him; he followed me to the Street again, and said, Will you help to apprehend a Traytor? who is it? said I: It is a Gentlewoman, said he, a Woman greatly concerned in the Plot, you may apprehend her in the Street, and 'tis the best time. Now the Street was full, and I thought it a little unseasonable: so he looked af­ter me, but I never offered to go from him; but said I, was she in the Plot? yes, said he, she was to be the first Lady Mayoress o [...] York after the Plot took effect, and the King was killed; but he did not lay hold upon her. So I parted with her, then said he, I can have no respect; said I, I have nothing to do with you, I am Clerk of the Peace of the West Riding in this County, and am always ready to do my Duty there. So away I went and left him. The next news I heard, was, he had procured a Warrant of the Council against me, and he brings the Warrant to a Justice of Peace, and that Justice of Peace told him there would be several Justices of Peace at Leeds within two or three days after, and then they would examine the Business; I chanced to be in a Room with some Gentlemen, not knowing of the Warrant that was out against me, and this Gentleman that was the Justice of Peace called me into another Room, and told me of this busi­ness: admired at it, and told him I did know nothing of it, nor that I had disobliged him, unless it was because I did not give him the Comple­ment [Page 52] and Ceremony of my Hat, nor give him Money, neither did I know what Information he had procured that Warrant upon. He told me Mr. Mowbray and Mr. Bolron were in Town. So I desired him to send for the other Justices into the Room, where he acquainted them with the matter, and said he, if you will, we will examine it to night; so they sent notice to Mr. Mowbray and Mr. Bolron, that they would examine the Business that night at 6 a clock, and they came, and he was asked what he had to say against me? He said, I had taken Money for keeping a Man from taking the Oath of Allegience, and they had Witnesses to prove it.—

Mr. Serj. Maynard.

Must he be here admitted to make his own defence?

Mr. Just. Dolben.

Brother, let him go on.

Mr. Pebles.

The Witness was call'd upon, and they asked him to that point, and he denyed absolutely upon his Oath that he gave me any Mo­ney, and also swore he had taken the Oath when it was tendred to him. Then, my Lord, there was one Mr. Dunford an Attorney, was spoken of as if he could prove something, but he was 14 Miles off, and they could not send for him, and so I begg'd they would appoint another time for hearing when he could be there: they appointed Munday following, and ordered me to attend, and one of the Justices of the Peace undertook to give Dunford notice. Accordingly I came there, but there was no Mr. Bolron, nor Mr. Mowbray, but I desired that Mr. Dunford might be ex­amined upon his Oath, and they did take his Information in writing, and he swore he knew nothing of it, neither did he ever give me Money upon any such accompt.

Mr. Just. Dolben.

You were not by when it was sworn?

Mr. Pebles.

I saw the Examination taken in Writing.

Mr. Just. Pemberton.

And you were discharged?

Mr. Pebles.

Yes, for he could not make out any thing at all.

Mr. Just. Pemberton.

It was well for you he could not make it out.

M. Pebles.

They said they could prove it, and vouched these two per­sons, but both denied it upon their Oaths.

Mr. Just. Dolben.

Is that all you know?

Mr. Pebles.

That is all I can say in particular; I have not a mind to speak against him in general, because he is the King's Evidence.

Mr. Just. Dolben.

You can say nothing of his Repute?

Mr. Just. Pemberton.

You were a stranger to him, you did not know him.

Sir Tho. Gascoyn.

I desire he may speak what Reputation he hath among the Justices.

Mr. Pebles.

I have no mind to reflect on the King's Evidence, and if I did, it would seem as if I should speak in malice: he hath done me wrong but I never did him any.

Mr. Just. Jones.

But what is his Reputation generally?

Mr. Pebles.
[Page 53]

Truly 'tis not very good in the Country.

Mr. Just. Jones.

Among whom?

Mr. Pebles.

The Grand Jury and the Gentlemen of the Country.

Mr. Just. Jones.

Is it a Common Fame in the Country?

Mr. Pebles.

Most people discourse ill of him.

Mr. Just. Dolben.

Did he say he did not speak with the Judges?

Mr. Bolron.

No my Lord I did not.

Mr. Just. Dolben.

You did speak with us, indeed you would have had us allowed you a Guard for your safety, which we could not do.

Mr. Bolron.

Whereas he says I gave in a wrong Information, this same Hunt when he came before them confessed he gave him 40 s. but he would not swear for what it was.

Mr. Serg. Maynard.

'Tis nothing to the purpose one thing or other that he hath said.

Mr. Just. Dolben.

'Tis altogether uncertain; no body knows what to make of it.

Then Hardwicke was called.

Sr. Tho. Gascoyne.

Do you speak what Threats Bolron hath used to his Wife to swear against me.

Hardwicke.

When the Pursivants came up to Barmbow, the Chief Con­stable ordered me to assist Mr. Bolron in Execution of the Warrant, and to carry the Witnesses before a Justice. We went to Robert Bol­ron's house to take the Witnesses, and there was his Wife, his Brother, and his Sister. We were to carry them before a Justice and they refu­sed to go, his Wife pretended to be Sick and could not go, and they begg'd of us to excuse them.

Mr. Just. Dolben.

Who do you call they?

Hardwicke.

His Wife, his Brother and his Sister: Bolron told them they must go, and William Backhouse and I ordered them by all means to go along with us, I suppose it was to Testifie what he had sworn.

Mr. Just. Jones.

What were they to do, did he tell them?

Hardwicke.

They were to go to tell what his Testimony was above, as well as I understood the discourse.

Mr. Just. Dolben.

We have had two persons to this purpose before. They say he would have his Wife go, and she refused to go, and cryed; but they do neither of them say he pressed her to speak anything more than she knew or against her knowledge.

Mr. Just. Pemberton.

No, one of the Witnesses said, he told her it was to [...]peak her knowledge.

Then William Clow was Examined.

Mr. Just. Dolben.

Come what say you?

Clow.

The 22th. of May last I had a Writ against Bolron, and my man Arrested him and brought him to my house.

Mr. Just. Dolben.

At whose suit?

Clow.

At the suit of one Hickringil that was servant to Sir Thoma [...], and there I had him two days and would not carry him to the Gaol, for he begged of me I would not; but then I told him I would keep him no longer there, for he had no money for Lodging and Dyet; but he begged so hard of me, that I would but tarry till Hickringill came, and then he did not care what they did with him: for he would make Sir [Page 54] Thomas pay Hickringill his Debt that he owed him, or he would play him such a trick as he little dream'd of.

Mr. Just. Dolben.

When was this?

Clow.

The 21th. or 22th. of May last or thereabouts.

Mr. Just. Dolben.

May last?

Clow.

Yes. And so Hickringill came over, and they did agree, and he gave him a Lease of an house he lived in, and Hickringill took the Charge of both the Debts upon him.

Then Hobart stood up.

Sr. Tho. Gascoyne.

Speak whether he pretended he writ a Letter to the Duke of Monmoth from Leeds.

Mr. Hobart.

My Lord I have nothing to say to that.

Mr. Just. Jones.

What can you say then?

Mr. Hobart.

All I can say is to the summes of money returned to Town.

Mr. Just. Dolben.

He did not mention that.

Mr. Hobart.

If you please to let me declare what I know about the returning of the money.

Mr. Just. Pemberton.

Pray speak what you know of your own know­ledge.

Mr. Hobart.

For most of it I know of the payment of it, and to whom, 1800 l. there was paid to Mr. Trumbal about the purchase, it was paid at Mr. Mawson's; I was a Witness to the Deed, and to the Receipt.

Mr. Att. Gen.

That is some, but what to the rest?

Mr. Hobart.

200 l. was payed to a Client of mine, 80 l. was paid to one widow Cawson that was upon Bond.

Mr. Just. Dolben.

How much was paid to Mr. Corker?

Mr. Hobart.

Several sums, above 300 l. paid to Corker in 6 years time.

Mr. Just. Pemberton.

Nay in 4 years time.

Mr. Hobart.

This 300 l. and 300 l. before I drew the Receipt for, and commonly he Ordered me when Mr. Corker came for it, that I should have a Receipt from Mrs. Mary Appleby, and it came back signed by her, to whom Sir Thomas was Guardian.

Mr. Just. Dolben.

And was all this money paid to Corker upon the account of this Appleby?

Mr. Hobart.

It was mentioned in the Receipt.

Mr. Just. Dolben.

How much was she to have by the year?

Mr. Hobart.

100 l. by the year or two sometimes.

Mr. Just. Dolben.

How came she to have 900 l. in 4 years?

Mr. Hobart.

My Lord, I will tell you, for that there was a great Arrear upon a suit between Sir Thomas and Mr. Appleby, this Mrs. Applebys Father; and upon the hearing of the Cause my Lord Keeper Bridgman was pleased to order that this money should be paid to S [...]. Tho­mas for the use of the Daughters, 200 l. a year, that is 100 l. a piece. And there was an Arrear for 3 or 4 years during the Suit, about 2 or 300 l. it was: I drew Receipt for it, and Sir Thomas being pressed for the money by Mrs. Appleby who went beyond sea, he sent to Corker to get the money returned to her.

Mr. Just. Dolben.

Ay but you Dance about the Bush, was there an Arrear of 500 l.

Mr. Hobart.
[Page 55]

For 3 or 4 years, and Mrs. Ravenscroft was one of the Sisters, her part was paid when she was married, but this Gentle­womans was paid beyond sea.

Mr. Just. Dolben.

Was the Arrears from Sir Thomas to the Gentle­woman beyond sea?

Mr. Hobart.

Yes.

Mr. Just. Dolben.

Are you sure there was?

Mr. Hobart.

Yes, Sir Thomas told me so.

Mr. Just. Pemberton.

Who was to pay this mony?

Mr. Hobart.

Mr. Appleby by order of my Lord Keeper.

Mr. Justice Jones.

Sir Thomas was Guardian, was the Estate in Yorkshire?

Mr. Hobart.

It did arise out of Rents there.

Then one Culliford was called.

Mr. Just. Dolben.

What say you? What do you know of this matter?

Culliford.

This Gentleman Lodged at such a time at my house, the 4th. of June 1677. he was at my house seven weeks, and he was gone 3 weeks, and returned again; he was 3 weeks away.

Mr. Just. Jones.

What Gentleman was this?

Culliford.

Mr. Mowbray.

Mr. Just. Dolben.

What is that to the purpose?

Mr. Just. Jones.

How do you apply that?

Mr. Hobart.

Mr. Mowbray hath said he sent a Letter to the Duke of Monmouth.

Mr. Just. Dolben.

There hath been no mention made of any such thing. Have you any more Witnesses▪

Mr. Hobart.

No.

Mr. Just. Dolben.

Then ask Sir Thomas what he hath to say for himself.

Mr. Hobart.

Have you any thing to say to the Court for your self.

Sir. Tho. Gascoyne.

No I referr my self to the Judgement of the Court.

Then a woman Witness appeared.

Sr. Tho. Gascoyne.

What do you know concerning Mowbray, whe­ther he was suspected of stealing when he was at my house?

Witness.

Yes, he was, my Lord, he would have given me 5 l. to have gone away, and he did intend to have clapped me in Prison, and laid it all upon me.

Mr. Just. Dolben.

How do you know that?

Witness.

He told me so.

Mr. Mowbray.

This is a Common woman and not to be believed.

Mr. Serg. Maynard.

My Lord, We will reply but one short thing in mat [...]er of Evidence. Much of this that hath been given by the Desendant hath been to take off the credit of the Witnesses, and for Bolron they would suggest that he hath been dishonest to Sir Thomas, but when Sir Thomas himself was examined to that point before the Council, he said he found him honest, but only accounted him a Fool.

Mr. Just. Dolben.
[Page 56]

That is proper for you to do now Brother.

Mr. Serg. Maynard.

And Sir Thomas being examined about Rushton, he said he did not know such an one, and then afterwards he did say he knew one of that name. Here is Sir John Nicholas the Clerk of the Council.

(Who was sworn.)
Mr. Att. Gen.

Pray Sir, do you know what Sir Thomas Gascoyne said at the Council Table.

Sir John Nicholas.

He was asked whether he knew Bolron, he said he knew him very well, he had been his servant till within this twelve­month or something more, but for his honesty he had nothing to say to it, till of late that he had not behaved himself so well in giving In­formations against him. But he did find him now what he did always take him to be, a Fool.

Mr. Just. Dolben.

What did he say about Rushton?

Sir John Nicholas.

At first he did say he did not know Rushton the Priest, but after it was brought to his memory he [...]aid he knew one of that name.

Mr. Att. Gen.

'Tis taken down in the minutes, Sir John look up­on them.

Sir John Nicholas.

He denied at first that he knew Rushton the Priest, and afterwards the next time he came to the Council, he said he did deny it, because he was afraid of an old Law against Harbouring of Priests.

Mr. Att. Gen.

If your Lordship please we will now trouble you with a Witness or two in answer to what Backhouse and Hardwicke have said as to Bolron's threatning of his wife. We will call the wife to give you an accompt of that.

Mr. Just. Dolben.

They do not charge him that they pressed her to swear falsly.

Mr. Just. Pemberton.

That does not at all touch upon the Witness.

Mr. Att. Gen.

If the Court be satisfied we will trouble you with that no further.

Mr. Just. Jones.

I believe Backhouse did say, That this Bolron would have his wife go before the Justice of Peace, she said she knew nothing at all, yet he would have her go and testifie her knowledge, and if she would not, he would have her dragged at the Horses tail.

Mr. Att. Gen.

I think 'tis necessary to call a Witness or two to that. First to call her herself.

(Then Mrs. Bolron was sworn.)
Mr. Att. Gen.

What did y [...]ur husband threaten you to make you swear against Sir Tho. Gascoyne?

Mr. Just. Dolben.

Now you are upon your Oath speak the truth.

Mrs. Bolron.

No, never in his life did he threaten me upon any such accompt.

Mr. Just. Dolben.

Do you remember when the Constable came down to have you go before Esquire Lowther?

Mrs. Bolron.

Yes, my Lord.

Mr. Just. Dolben.

How chance you did not go with him?

Mrs. Bolron.

I was unwilling to go then, because I could say little to the purpose.

Mr. Just. Dolben.

Did he use any threats to you to make you swear against Sir Thomas?

Mrs. Bolron.
[Page 57]

No my Lord, but he would have me go, whether I said any thing or no.

Mr. Just. Dolben.

Did he ever desire you to speak any thing you did not know?

Mrs. Bolron.

No, my Lord, never in his life.

Mr. Att. Gen.

My Lord, Mr. Bolron desires to have this woman his Grand-mother be asked whether he threatned his wife?

(And she was sworn.)
Mr. Sol. Gen.

She was by at that time.

Mr. Just. Dolben.

Were you by at that time when the Constable came to carry the witnesses before Mr. Lowther?

Mrs. Bolron Senior.

Yes.

Mr. Just. Dolben.

Heark you, did not you see the Woman that went over there cry, and say she was unwilling to go?

Mrs. Bolron Sen.

Her husband said she should go, tho' she said no­thing.

Mr. Justice Dolben.

But her husband did not press her to say any thing but what was truth?

Mrs. Bolron Sen.

No indeed did he not.

Mr. Just. Pemberton.

And did not seem to stick before.

Mr. Attorney General.

What can you say to this honest man here your son?

Mr. Just. Dolben.

I'le warrant she will say he is honest still.

Mr. Att. Gen.

But here are a company of people would make him a dishonest man.

Mrs. Bolron Sen.

Sir Thomas Gascoyne said he was as truthful a servant as ever he had in his life.

Mr. Just. Dolben.

Did you hear him say so?

Mrs. Bolron Sen.

I heard him say so in his own Chamber.

Mr. Just. Dolben.

When?

Mrs. Bolron Sen.

After he was married: And besides Sir Thomas did say he would do any thing he could for him, in relation he had been a true servant to him.

Mr. Just. Dolben.

Call Mr. Phiswicke again.

(Who appeared.)

Look you Sir, you are a man that I see have been trusted by all the Family of the Gascoynes, and you know in what Reputation he was.

Mr. Phiswicke.

Sir, while I was his fellow-servant I knew no ill by him.

Mr. Just. Dolben.

Was he accompted an honest man?

Mr. Phiswicke.

I can say nothing to the contrary.

Mr. Serg. Maynard.

Then my Lord to conclude I desire to speak a word. On the one side here is an Ancient Gentlemans life in question, and that or his death are to be the issue of this Cause; on the other side here is the discovery of a Plot upon which all our lives, our Religion, and the life of our King depend. It did require your patience, and you have yielded it. Where lyes the Question? If these Witnesses that have been Examined be believed, there is no Question but he is highly Guilty of the Plot: the Witness tells you, When there was no talk of the Plot, there was a preparation of a false and fraudulent Convey­ance to be drawn by advice of Counsel, and why was this made? lest [Page 58] he should for [...]it his Estate. This is proved in the beginning. You find next a meeting of the Priests, and there what they did, does not con­cern this Gentleman at the Bar till he took notice of it, and then joyned in it, and approved of it, and did declare it was a Worthy Plot, a me­ritorious Plot for the good of the Church, and at last particularly he would give 1000 l. to Bolron to destroy the King and murder him. The t'other Witness agrees with him, and what is said against all this? They have called and examined I think 19 or 20 Witnesses, three touching the threatning of his Wife, but that salls out to be nothing; two Ale-house-keepers that stood at the bottom of the Stairs and over­heard their discourse; but you have all heard how they contradicted one another, they▪ had not agreed well enough together on their story. All that the rest do is meant thus, and so far they make something of it, that there should be a Debt due from this Bolron to this Gentle­man, and so it were some contrivance as if he would do it by way of Revenge; it does fall out many times that men do quarrel, but this is a business of anothe [...] Nature. They say that he should threaten he would serve him a Trick, or there were some such words; but under favour, the question is of the truth of his testimony; now it is not like­ly, that they knew what his Testimony would be, and there is nothing against the other Witness that concurrs with him, but the fellows that were upon the stairs, that talk one of one part of the stairs and the other of the other. The matter is clearly whethe rthe witnesses be to be believed, or whether there be any thing sufficient offered to take off their Testimony. You will be pleased to observe as to what was spoken about the money and the Nunnery, we brought you a Letter from the Priest who was mentioned to be one of them at the meeting Pracid, that writes and dates his Letter from the place the Witness speaks of, and there you will observe that in one of the Letters'tis expressed If England be con­verted, (there is the main of the Plot) for all I suppose goes to that pur­pose, pray who thought of England's Conversion at that time? What led them into that but a Consciousness of a design to convert England? My Lord, another piece of a Letter there is concerning the Oath of Allegiance, you have heard it read, and every body knows what the meaning of it is, it is the Engine of the Jesuites that if they can but draw men off from their fidelity to the King, whereof there is no Te­stimony so great as the Oath of Allegiance, they need not use so much of Eqaivocation; but that is an abominable thing, and not to be endu­red to go take off the strength of that Oath that hath been taken by men more honest than the rest, and not suffering the rest to take it at all: and it is a damnable thing that they should assert the King is an He­retick, and the Pope has deposed him, therefore it is meritorious to kill him: but you have heard the Evidence fully, and it needs no ag­gravation.

Mr. Sol. Gen.

My Lord, I think the Evidence hath been already re­peated by Mr. Serg. Maynard, and my Lord, I think there is nothing in this Case, but only the Credit of the Witnesses, for if they be to be believed, there is an Evidence as full as can be. I know your Lord­ships observes how it is introduced, how they are fortified in some Cir­cumstances, which Sir Thomas did at first deny. They tell you that he [Page 59] had a pious intent to found a Nunnery, and did proceed so far as to make a settlement, this was denyed by Sir Tho. Gascoyne, but hath been verified, and made out by his own Books and Letters writ to him, which were found in his own Custody. This did Sir Thomas Gascoyne do with an Expectation of a sudden Change, for the Letters do de­clare, that England was to be converted as they called it, and therefore they had settled their matters in order, and they thought fit to insert that Proviso in the settlement, That if England should be converted then, the money was to be disposed so and so. But your Lordship likewise observes, and you, Gentlemen of the Jury, what other correspondence Sir T. Gascoyne had with one Cornwallis or Pracid a Priest. He receives a Letter which shews you what the Principles of all the Catholicks are, how far they have proceeded to take away even the Oath of Allegiance, and the Con­sequence of that how far it will go, when they think themselves obliged in Conscience to cast off Fidelity to their Prince, and what mischiefs may ensue no man knows, but we may in part imagine. You have al­ready had sufficient discovery to make out the use of this instilled Prin­ciple, and that is the design to kill the King, for this you hear what the Evidence say. Mr. Bolron one▪ of them is sent to the Priest to be instructed by him; and by him was chid for offering to go against their Principles to take the Oath, and told him he was damn'd for so do­ing. And presently after he was Examined by Sir Tho. Gascoyne up­on some discourse with him what Rushton had said, who had moved him likewise to kill the King as he says. Sir Tho. Gascoyne knew to what purpose he sent him thither, not only to renounce the Oath of Allegiance▪ but to carry on the design which he had in hand, and did introduce by laying aside the Oath, and tells him he must engage in the design to kill the King. He examines him what the other had spoke to him of, and he said he knew it was more than bare chiding of him for tak­ing the Oath of Allegiance, and he told him for his better encourage­ment to go on, that if he would undertake he should have 1000 l. and this is the sum of Bolron's Evidence as to Sir Tho. Gascoyne. What then says Mowbray the second Witness, he was so faithful a servant and so diligent, that he was imployed by Rushton the Confessor to attend him at the Altar, and be in service immediate about him, and he being by that means so dear to him waited upon him in his Chamber, and was privy to all the Consultations held there. And he gives you an accompt how long this Plot hath been in Agitation, for they had been discoursing a good while of it; and resolved it should be done if not by fair means, by foul, and tells you plainly by killing the King. And that he heard Sir Thomas Gascoyne himself declare that it was a meri­torious Act to kill the King, and that as before he had the Oath of Secrecy given him by Rushton, so he did declare (which Mowbray standing at the Door heard) that he would never swerve from the Oath, but he would assist to the utmost of his power, and they that were with him said they would stand by it with their Lives and fortunes; and when my Lady Tempest understood he was there and was iealous of him, she bid him go down and entertain the Guests below stairs. So here is an Evidence from two Witnesses as full as can be in any Case, that Sir Tho. Gascoyne was privy to the Conspiracy, and himself a partaker of [Page 60] it to kill the King. All that hath been said against them is to vilifie their Reputation. As to Mowbray I hear but little, onlythere are two Witnesses that touch him, and indeed if these Winesses were to be be­lieved, they say a great deal, that is, they were in an Alehouse together and heard them conspire to take awaythe Life of Sir Tho. Gascoyne. Indeed Mowbray said, for Sir Tho. Gascoyne I know nothing but that he is a very honest Gentleman, but for my Lady Tempest if I could hang her I would. That they should hear them contrive this together and conspire how they should take away the Lives of this Gentleman and the others. Indeed if these men say true 'tis a great matter to take off the credit of their Testimony, but you heard Gentlemen how they did vary: For the one said as I apprehended at first he was in the Room, after­wards he was below stairs. Ask the one could you hear them? Yes, could you see them? No; said the other, yes. So that they were not well provided as to that matter, nor had they consulted that point well where they should agree to stand to overhear the matter. Now if that be likely they should in the presence of two persons whom they did not know, and one of them they never saw, but in the Court, declare and discourse of such a matter as this for the taking away the life of Sir Thomas Gascoyne, then we have nothing to say to them, we must leave the credit of that to you, you will observe their variety in the story, and the improbability of the thing. But then for Mr. Bolron the Evi­dence against him is, that he is a very dishonest man, and that this is all out of malice to Sir Thomas Gascoyne, because he would sue him upon his Bonds. You observe how he does behave himself under that prose­cution, all that he hath he is willing to part with for payment of his Debt, he makes over his Estate for satisfaction and security, and does as much as an honest man can do: all he hath shall lie at stake, and as for Sir Thomas Gascoyne himself he had no such Opinion of him in poin [...] of dishonesty, for he declared he lived in his service without ex­ception, and said before the Council he knew nothing of dishonesty by him, but only this Information, and now he found him to be (what he always thought) a great fool. Now whether he thought him a fool for telling this story or what else, you may explain the meaning of his Expression. But as for any thing of dishonesty there is nothing against Mr. Bolron. He was in Debt 'tis true, but what he had lay at stake for the payment of it, and as far as it would go Sir Thomas might take it; but that for malice he should come to swear against him, there is no­thing clearly made out. One Witness says indeed, that he should say, Does Sir Thomas Gascoyne intend to sue me, then I will do what I did not intend to; do whether that be a speech of malice or no, or rather does confirm the truth of his Evidence, is left to your Consideration. It shews rather there was something that he had in his power to do before any prosecution from Sir Tho. Gascoyne, or any occasion of his malice against him: It hath not the necessary import of a malicious speech, that he did intend not to do such a thing, and because he was sued did do it; that therefore is only malice and no truth. For the other matter that is said against him, that he should endeavour to suborn his Wife to swear falsly, that was by no means fully proved; but rather that matter hath been sufficiently cleared, that though she said she knew nothing, yet he [Page 61] would have her go, though she said nothing, and you hear what the Evi­dence hath been for Mr. Bolron, that he never did press her to swear falsly, nor threaten her if she would not, but only desired her to declare her knowledge if she knew anything▪ the truth and nothing but the truth. These are all the Objections made against the credit of the Witnesses, and I think if their credit do stand you cannot have a clearer. Evidence to convict any one than hath been given you to day, but that we leave to you; and submit these Objections whether they have any weight in them, and whether they have not been fully answered.

Mr. Serg. Maynard.

And our Evidence is given in all upon Oath, and their's is not.

Mr. Just. Jones.

Gentlemen you of the Jury, the Prisoner at the B [...] stands indicted for High Treason, and for High Treason of the highest nature, for Conspiring to take away the Life of the King and for en­deavouring to Change the Religion, the Protestant Religion into Po­pery, that is, contriving to Extirpate the Religion of Protestantism here, and introduce Popery instead of it, and certainly greater Crimes than these no man can be accused of. There have been produced on the behalf of the King two Witnesses Mr. Bolron, and Mr. Mowbray, both of them servants to Sir Thomas Gascoyne the Prisoner, and therefore might very possibly and probably enough be privy to all they have said, andtesti­fied in this case. It does appear by them both, that Sir Thomas Gas­coyne was a very early man in the Plot (if they say true) We heard nothing of it till the long Vacation (78) but it seems Sir Thomas Gascoyne was a Plotter and Conspirator in the year (75) or (76) And that he might be able to do this somewhat more safely, he contrives how he might convey away his Estate to prevent the forfeiture, and he makes an Assurance of it to Sir William Ingleby colourably as the Witnesses swear for 1000 l. And it does appear likewise as to the Introduction of the Popish Religion here, they began to settle a Nunnery, and it was fit to do so against England should be converted▪ First in such a place, but if it happened England were converted, then to be removed to an­other place. There was at this Nunnery appointed an Abbess, an as­sistant and several Nuns, and Sir Thomas Gascoyne so well knew of this, that one of them that was appointed to be a Nun at the time of her taking Horse, he said to her, there goes an old maid and a young Nun. And there are Letters come from that very Nunnery and from the Priest that was appoin­ted to attend them as Confessor, which have been read to you; and there is another preparation thought necessary to introduce this Plot, and that is, that all Papists might be seduced into an Opinion that it was a dangerous thing to take the Oath of Allegiance, and that it was a dam [...]able [...]. For this purpose Letters came from the Doctors at Sor­bonne, and they determine it to be so, lest any man of that Religion should be so good a Subject as to profess Obedience to the King in Temporals. Then the Plot goes on between Sir Miles Stapleton, Sir Francis Hungate, Sir Charles Vavaser, Sir Thomas Gascoyne, Mr. Gascoyne, Middleton, Rushton, my Lady Tempest, and a great Compa­ny more, all met together and consulting in Sir Thomas Gascoyne's house in his great Room, his old Dining Room to this purpose, not only to bring in their Religion but kill the King expresly (so says [Page 62] the Witness) I think they had often talked of it before the Witness in the Priests Chamber, for he being then a Papist was privy to his Masters design and the rest of the Confederates for killing the King, which was the only thing they desired to effect, as the best way to bring in their Religion: and there was great reason to do it they said too; for the King had not kept his word with them when he was in his Exile, for they said he had promised if he was restored to his Kingdoms he would restore the Pepish Religion, but now he was returned and had broke his promise; and nothing more was to be done, the Pope having declared him an Heretick, but to destroy him, and this was that which was agreed among them. The 30th. of May last af­ter diverse other Consults had about it the Priest Rushton being at Sir Thomas Gascoynes house, Bolron is desired to go into the Gallery, and there presently comes in Rushton Sir Thomas's Priest, Bolron ac­quaints him that he had been at the Sessions and taken the Oath of Allegiance; assoon as ever he heard it, he cries out he had committed a damnable sin, he must of necessity renounce it, and repent of it; and he could give him a Pardon, for he had an extraordinary power, more authority than others, he could give him Absolution if he did repent of it, and that no Catholick must by any means take the Oath. A while after they had a discourse concerning killing the King; and the Witness says indeed he was not act [...]ally in the Room, for he says he stood at the door, and heard all the discourse, till at last the Lady Tempest one of the Conspirators tàking notice of his being there, sen [...] him down Stairs.

Mr. Just. Pemberton.

That is Mowbray.

Mr. Mowbray.

I was called into the Room and then sent down.

Mr. Just. Jones.

'Tis true Brother that was Mowbray, but as to B [...]lron's discourse with Rushton, when Sir Thomas Gascoyne who was not in the house at the time Bolron was with Rushton, but had given a Charge he should not go before he spoke with him; when he did come home and spoke with him, he takes upon him to go on with the discourse concerning the Plot, and he swears positively that he offered he would give him 1000 l. and this he swears he should have paid him in London. This is expresly the Testimony of Bolron. Now what says Mowbray? He tells you, though that is but introduction to make his Evidence more probable, that there was great resort of Priests to the Prisoners house. He tells you of the discourse and consultation the Priests had in the house, and that it was expresly and precisely for killing the King. He tells you that he did stand at the Door and heard it as I observed before, and he tells you too which hath not been observed that at that time there was produced a List of 4 or 500 Persons that had engaged in the design of killing the King, he did see the List; he did lee Sir Thomas Gas­coynes hand which he very well knew and was acquainted with, and which might very well be, being his servant: So that here is not only a discourse and agreement by parol that he should be in the Conspi­racy, but if you believe him, he says, that here is actually the hand of Sir Thomas to the engagement to do the Villany, and truly they that were of that perswasion at that time might easily be induced to it. For it was agreed amongst them, that they should have a plenary [Page 63] Indulgence of 10000 years, and it was a meritorious Act, and though Sir Thomas perhaps was not so ready to contribute in all things, yet hearing of the meritoriousness of the act, and withal that he should be canonized for a Saint for this piece of piety, he certainly might readily consent to it. Mr. Mowbray indeed was asked, why he did not discover it sooner? he tells you why, he was in fear of the Papists, he was threatned, and very like he might be possessed with fear, and so might a man of greater Constancy till the business was discover­ed, and therefore he did not talk of it in the Country, but came up here where it was more safe to discover it, and hath been here ever since: Besides this Testimony of these Witnesses, Gentlemen, there are some Papers produced; some that mention money that hath been conveyed by Sir Thomas Gascoyne in confirmation of the Testimony of Bolron the first Witness, who does swear that he heard Sir Thomas say he would send 3000 l. to the Jesuites to go on and prosecute this Plot; and afterwards he did hear him say he had sent the 3000 l. that he had promised. Now it does appear by Sir Tho­mas's Almanack that he had sent several sums, his Receiver Phiswick did speak of 6000 l▪ and he himself did give a touch towards it. In­deed Phiswick was a Receiver [...]or Sir Thomas, and likewise for his son and for the Lady Tempest, but it is impossible if they had sent all the money that ever they had, and considering too that the Lady Tem­pest as appears by the witnesses lived in the Country, that it could have a­mounted to near that sum of money, for she had but 300 l. a year, and the el [...]est Son had but 400 l. a year, how then could 6000 l. be returned for them in 4 years time. 'Tis true there is some answer given as to that 900 l. by that witness Hobart, who says there was a suit, and 100 l. a year decreed to be paid to Mrs. Appleby Sir Thomas's Niece for so many years, and he to take care of sending that to her, and though that was but 100 l. a year, yet there was a Decree or some Order to pay the Arr [...]rs with the other money which made it up 900 l.

The Evidence for the King against the Prisoner is but two Wit­nesses, but they as positive and express as possibly can be. What then is said by the Prisoner or the Witnesses in his defence? There is one that is Shippon that gives some Testimony against the very Evidence and the possibility of it to be true in one part of it; for Bolron he tells you that the 30th. of May was the time, when there was that Consult held at Sir Thomas Gascoynes in the Gallery with the Priest, that he staid there till night, and that then Sir Thomas talked with him and made this proffer to him for the murder and destruction of the King. Here comes a Witness S [...]ippon and tells you that that very 30th. of May Bolron was at his house at 2 a Clock and staid an hour or two after Sunset; if that weretrue that he were there all that time, it is not then true that he speaks of about Sir Thomas Gascoyne, and it was impossible that he should be at the Consult at that time when he says he was there, and afterwards spoke to Sir Thomas Gascoyne. Now Gentlemen you have the Kings Witness upon his Oath, he that Testi­fies against him is barely upon his word, and he is a Papist too, for that he was asked, and he did confess himself so. I do not say that [Page 64] a Papist is no Witness, [...]a Papist is a Witness, and he is a Witness in a Papist Cause, and for a Papist; but I must tell you, there is less credit to be given to a Papist in a Cause of this nature, who easily can believe they may have Indulgences and Pardons enough for saving one from the Gallows who is to be Canonized for a Saint if the Plot take effect. He hath only affirmed it who is a Papist, the other who is a Protestant swears what his Evidence is.

Mr. Babbington who was the first Witness examined for the Prisoner, he tells you there had been some debates and differences about Rent and money that was owing by Bolron to the Prisoner. He laboured and interceded often on his behalf, [...]but at length not being able to prevail that he should not be sued; the Witness swears, I will then do that which I did not intend to do. What he meant by it is doubt­ful, and it is an ambiguous Speech, but to interpret it that he would swear falsly to take away a mans life, and so commit both Murder and Perjury, is hard to infer and conclude from such doubtful Words. There are some Witnesses that tell you, that is, Moor, and others, that Bolron did say and swear that Sir Tho▪ Gascoyne was never concern [...]d in the Plot: that might very well be, especially if you take the time when he did say this, he was a Papist a great while after Sir Thomas had ingaged himself in the Plot, and while he was so, it is not unlike he would venture an Oath to save any of the same Perswasion and Religion he himself▪ was of. But whatsoever he said it was not Judicially, he was not bound to discover to him he spoke to, he is now upon his Oath, and you have heard what an express testimony he gives. As to what is said concern­ing his Wife, that he should endeavour to perswade her contrary to her knowledge to give testimony against Sir Tho. Gascoyne, and therefore he is not to be believed▪ here upon his own Oath, who would have his Wife forswear herself to fortifie him: There is no such thing, and it does appear by the Evidence of those that are sworn, that he was earnest, [...]d would have his Wife go and testifie her knowledge▪ but did not infuse or intimate any thing to her she should say, whether she did know it or no: a [...]d to assure you that, you have the Oath of the Woman herself, who hath been present here, and tells you the same thing. Dixon he comes and says, in August last, Mowbray said he knew nothing of the Prisoner, which may be answered by his fear; but concerning the two Witnesses that Mr. Sollicitor did take notice of, he did tell you, and 'tis plain, how very improbable it was two persons should speak in the presence of strangers, and tell them they were about to take away the life of another person, the one of the Lady Tem­pest who had done him a displeasure, the other of Sir Tho. Gascoyne, but Mowbray at that time said he knew nothing of Sir Tho. Gascoyne; but Gentlemen, besides what was said before, this is improbable any such thing should be, and you hear the Witnesses, at least one of them, that he never knew one of the two.

Mr. Bolron.

I knew neither of them.

Mr. Just. Jones.

I should be very loth to omit any thing on the Wit­nesses side, or that hath been materially testified against them on the Prisoners. I did not conceive the Evidence given by Mr. Pebles to come to any thing at all. There was a discourse between Bolron and [Page 65] him at last Assizes, after some talk Bolron tells him he had something to say to him, and what was it, Bolron was told that he had charged some persons that he ought not to do, (excused them for money that did not take the Oath of Allegiance as they ought to have done) and it seems he did it hear, and so far he went as to bring Witnesses before the Justices of Peace to prove it. And although they did not give Evidence against Mr. Pebles in that very particular, yet certainly he thought they would have said something, but that does not argue at all, that because he did accuse Mr. Pebles (as he thought justly in that particular) therefore that now he should falsly accuse Sir Thomas in a matter that concerns his Life so highly. There are some other things that were said by the Wit­nesses that would tend towards the proving of some malice in the Witnes­ses towards Sir Thomas Gascoyne, and therefore they give in this Evidence: One thing indeed was spoken by Hickringill, that is, it was generally reported in the Country that Mowbray had taken away money from Sir Thomas Gascoyne, and that Mowbray himself said, that as they had endeavoured to take away his Fame and Life, now he had found an Opportunity to requite them. So saith the Witness, but 'tis not very probable. I leave it with you upon the credit of the Witnes­ses for the King, who have sworn it upon their Oaths, and the others that go upon their Words, and not their Oaths, whether they have taken away the force and strength of the Kings Evidence which is as sull, express and positive as can be by two Witnesses.

Gentlemen, here is on the one side the life of an ancient Gentleman before you, on the other side there is a Conspiracy against the Life of the King, who is the breath of our Nostrils, and whom God long [...]. I know you being upon your Oaths will take into your Consi­derations both, and give a Verdict according to the Evidence you have heard.

Mr. Just. Dolben.

I will tell you Gentlemen, I cannot forbear say­ing one thing to you. There is some Evidence that makes it a very improbable thing to be true what Mr. Bolron hath said, and yet Mr. Bolron having said it so positively, and Mowbray agreeing with it, pro­babillties must give way to positive proofs. I saw you did observe it when it was mentioned, and 'tis true, to me it seems improbable that at the very same time that Sir Thomas Gascoyne should sue him upon his Bond, and take a Course to turn him out of his house, that he should then be privy to such a Conspiracy; 'tis improbable either that Sir Thomas should offer him such a sum of money to kill the King, or if he had, that he should afterwards take that Course at Law against him. Now for that I say this to you, you are to give a Verdict accord­ing to your Evidence. They have such secret Contrivances amongst themselves (and he was a Papist at that time) that where there are two men that positively tell you a thing that lies within their own knowledge, and swear it is true, it is scarce any improbability that should weigh against such an Evidence.

Mr. Just. Pemberton.

And Gentlemen consider withal as to that, for truly my Brother Dolben hath rightly minded you of that improbability, for it was no more: but then you must consider all the Circumstances. 'Tis indeed at the first blush improbable that a man would communicate so [Page 66] great a secret to another, if he did intend to sue him for money he owed him, but then 'tis likewise as improbable that he would provoke him by a suit if his life were in his hand; but consider the delivering of the Lease of Ejectment, and those things were the 13th. of June.

Mr. Babbington.

But I had sued him before, my Lord.

Mr. Just. Dolben.

The 2 of June he says.

Mr. Babbington.

I had direction long before I did it.

Mr. Just. Pemberton

They threatned him the 2, but they did not do it. But look you Gentlemen consider this, I do not doubt but Sir Tho­mas Gascoyne was sure that this man durst not discover any thing of this, for they had given him the Sacrament and an Oath of secrecy, which they look upon as a tye among themselves as long as they continue in that Religion, not upon any accompt whatsoever to be un­done, and they have such Confidence in it that they will trust their Lives and every thing in a man's hand when they have given him that Oath. Alas how could these people have the Confidence to Plot one with another as they do, when they know their lives are in the hands of any one of all the rest, but upon this Accompt? Do but swear them unto secrecy and give them the Sacrament of the Mass upon it, and then they think such a one is proof enough against anything in the world, for that is damnation if they break it, as their Priests tell them, but I doubt not but Sir Thomas thought he had them as fast as can be upon that L [...]ck. But as to Sir Thomas's Evidence of those 2 men at Leeds, this is after the accusation of Sir Thomas that they speak of, and can any man alive believe that they would go and Plot to contrive the death of these 2 persons in the face of 2 strangers, after he was ac­cused? 'Tis so strange an Evidence that no man alive can believe it to be truth. Look you Gentlemen, Persons that go to contrive such things as these are, go in secret, and hope they should never be discovered; but by one of themselves. Who would contrive when two be by, and if they say true might see them as well as hear them, though they did contradict one another in their Evidence, the one said he was above, the other said he was below, the one said he might see them, the other not. Look you Gentle­men I do see that they do lay some stress upon this, that he was his Debtor, for that they seem to prove by their Witnesses, but you must lay no great stress upon that at all, for the money were not quit if Sir Tho. were found Guilty, the money is due to the King then, He saves nothing by it, his mony must be paid let the Prisoner be found Guilty, or not Guilty, 'tis all one to him. You must consider this Case, Gentlemen, If you believe the [...]e men are perjured men, and have gone and contri­ved a malicious design against a mans Life; then God forbid they should be believed any way, but it is a positive Evidence and 'tis not an Evi­dence barely of it self, but introduced by a great many Circumstances that went before, They tell you the whole affair, that it does seem they have been privy to the affairs of these Jesuites all along; and Sir Thomas Gascoynes house hath it seems abounded with them, he hath been very beneficial to that sort of people, mighty Charitable as they call it in Superstition, and you must consider that nothing can [...]eem strange to them that will be ridden by Priests, they put them upon all the immoralities and villanies that can be found out for the Cause of [Page 67] Religion as they call it; nothing can seem strange that is Testified against them. Therefore I must leave it to you upon what you have heard and upon their credit whether you believe the Witnesses or not.

Mr. Just. Jones.

Ay, 'tis left upon their credit that are your own Country-men, better known to you than us.

Mr. Just. Dolben.

Look you Sir Thomas Hodgson, and the Gentlemen of the Jury, if you will come in again in any time we will stay in Court, otherwise you must lie by it all night, for we can take no Privy Verdict in this Case.

Mr. Just. Pemberton.

Ay, we will stay, and hear Motions a little while.

Then the Jury withdrew from the Bar, and after half an hour retur­ned again, and being called over gave in their Verdict thus.

Cl. of Cr.

Sir Thomas Gascoyne hold up thy hand. Look upon the pri­soner; How say you, is he Guilty of the High Treason whereof he stands indicted, or not Guilty?

Foreman.

Not Guilty.

Cl. of Cr.

Did he fly for it?

Foreman.

Not that we know of.

Then the Verdict was recorded and the Court rose.

FINIS.

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