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A63194 The tryal of Sr Thomas 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. Gascoigne, Thomas, Sir, 1593?-1686, defendant. 1680 (1680) Wing T2219; ESTC R6828 66,907 70

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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 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 t is no great matter at all for it is true when t was 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. T is 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 and my Kinspeople to whom I paid Annuities but 't is a far greater sum n the whole than 3000 l. and for one great sum of 1000 l. you know how it was disposed of Mr. Hob. He says that in the beginning of 77 you said you had returned this 3000 l. 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
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 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 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 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.