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A28605 An Abstract of the accusation of Robert Bolron and Lawrence Maybury, servants, against their late master, Sir Thomas Gascoigne, Kt. and Bart. of Barnbow in York-shire, for high-treason with his tryal and acquittal, 11 February 1679/80. 1680 (1680) Wing B3499; ESTC R35766 24,709 16

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that 30th of May with His Majesties Licence or Pass-Port and had continued there ever since in much company Bolron was extreamly surprized in having so unluckily named Mr. Tho. Gascoigne to be his assistant to kill the King at a time when he was not upon the Land nor of so many weeks before had been and which his former Deposition implyed and as he had assured the Lords on Oath and they had found it different Bolron was at a loss but his Brethren had bethought them of a Salvo he confided the Point to others also shews them Copies of all and it was resolved the Redress should be by a second additional Information given in about the end of the said July to reconcile the former and to cover the Artifice of it by a latter Superfoetation of such old and new things as might be proper and seem natural but it 's plain the drift of the said Addition was to make Sir Thomas have spoken to him in these different words from his former viz. If thou wilt undertake to assist to kill the King I will send thee to my Son if in Town who with the rest that are concern'd shall instruct thee how thou shalt assist in it and thou shalt have 1000 l. reward Having sworn thus in his second Deposition and composed the Matter as he thought the Consult advised him to apply now to the greatest difficulty which was to get a second Witness who might confirm what he had already sworn Therefore about the beginning of August he sets out for York-shire and pretending he had many Priests and others concerned in his Plot he obtained Moneys and Commissions to seize and secure all such Papists as he found obnoxious and under this pretence going to Leeds he wonderfully caressed his old Fellow-servant Maybury informs him of the several Proclamations Narratives and other Transactions at London shews him how much the World was mended with him tells him how easie it is not only to get a Pardon for any former Felony Forgeries c. but to make ones Fortunes for ever and also to be reveng'd on all Enemies And that certainly the Lady Tempest Daughter to Sir Thomas Gascoigne could not be deem'd his Friend who had so defam'd him and blasted his Reputation in her noise about her Trunk and the Moneys taken from the Family which in time might have a worse effect and he suffer for 't when too late to repent the loss of this Golden opportunity to destroy her and secure himself Maybury thus won in few days declares himself a Witness notwithstanding he had few days before protested to several who were amaz'd at Sir Thomas his Charge that he believ'd him to be most unjustly accused nay Bolron was so pleased with his new Conquest that he tells a young Woman whom Maybury courted that she might marry him now with satisfaction for that he had ingaged him the said Maybury in a Business against Sir Thomas and that he should be well rewarded out of his Estate and come to great preferment Methods and Circumstances being now fully setled and agreed upon by them Maybury goes to Mr. Tyndal and Lowther Justices of the Peace and acquaints them in short of his business whereupon the 16th of August the said Maybury informs th●m upon Oath and as it appears in his Narrative more at large That Sir Thomas Gascoigne and Sir Miles Stapleton had made Deeds of Trust of their Estates and that about Michaelmas 76. Sir Thomas his Son Mr. Thomas the Lady Tempest and Mr. Rushton being in Barmbow Dining-room he heard them holding several discourses concerning killing the King and firing of London and York c. That there was in the House one Doctor Stapleton who coming from another Room and finding him at the Door went in and in a low Voice desired them to forbear their discourse for there was one at the door And thereupon her Ladiship call'd him in and sent him down to entertain some Strangers and that he heard several discourses from Sir Thomas and Rushton about a Nunnery to be establish'd at Dolebanke and of Sir Thomas his selling 90 l. per Annum for maintaining it Whilst Maybury was hugging himself with Bolron that this Information would suddenly be at the Council-Board he found more than a fortnight passed and no manner of notice taken of him his impatience prompts him the last of that Month to write to Sir John Nicholas that there were divers material Circumstances relating to his Discovery which were not inserted in his first Information before the Justices which should be declared when the Council should command a full account from him Upon this he had a Summons by a Messenger sent him on purpose and a Letter superscrib'd To Mr. Lawrence Mowbray at his House in York-shire and so repairing to London on the second of October following he inform'd Justice Warcup by Order of Council upon Oath that he had not discovered all he knew of the horrid Plot for fear of York-shire Papists whom he was to detect but now would do it conceiving himself under the Protection of the Council and hoping that they would intercede for his Pardon Then he said That in the Year 1674. he came to Sir Thomas and was with him in his Service till January 1676 c. That waiting on Rushton at the Altar he was permitted to be in his private Chamber when other Priests were consulting with him c. as appears more at large in his Narrative and Informations That he took the Sacrament of Secrecy from Rushton and well remembers that about Michaelmas 1676. there was an Assembly of many Priests and others at Rushtons Chamber when they all agreed and declar'd that the King should be kill'd and then Fire and Sword were to be imploy'd against the Opposers of the Catholick Religion and all or most Catholicks were engaged therein That Rushton then produced to the Priests a List of 4 or 500 Names engaged in the Design and he had read many of them and remembers very well that Sir Thomas Gascoigne Sir Miles Stapleton Mr. Thomas Gascoigne the Lady Tempest Thomas Pressick and many others were in the List That Moneys and Arms were collecting and that on the first of January 1677. he wrote a Letter for so he swore and confirms in his Narrative to the Duke of Monmouth at Whitehall which he sent that day by the Post from Leeds to London declaring therein not in hopes of Reward God forbid but as a true and Loyal Subject to the King that some Papist-Conspirators had a wicked and desperate Design against the King and by an immediate Insurrection to proceed with Fire and Sword till they had altered the Government or setled the Crown upon the Head of some other Person So that by consequence the Death of the King was conspired and sought for That this Conspiracy was to his knowledge contriv'd almost three years ago and now was at the height
peaceably away Sir Thomas like a good Christian being desirous he might amend and do better in another Service Mr. Thomas Gascoigne Sir Thomas his eldest Son having resolved by reason of the troubles to those of his Church or in general to Catholicks to go beyond Seas as many others did took leave of Sir Thomas in order thereunto at the end of March and having obtain'd his Majesties Pass-Port on the 4th of April following he went from London to Dover the 7th of that Month and Letters were received from him in his way to Paris and as by a publick Testimonial since sent he setled himself there the first of May following New Stile or 20 April Old Stile and was not yet departed thence as many Witnesses now in England can testifie About a year after his the said Bolrons departure from Sir Thomas he being still indebted to Sir Thomas and also to others of the Family viz. to Mr. Thomas Gascoigne and his Sister the Lady Tempest and being now become insolent by his own ill government he declares himself a Protestant and accordingly takes the Oaths at Pontefract Sessions being also call'd upon for the aforesaid Payments he earnestly press'd one of Mr. Thomas his Servants with whom he thought he was intimate to assist him to steal a Hundred Pound from his Master or otherwise to acquaint him where his Masters Money lay that he might do it himself but not prevailing therein he importun'd him at least to steal from Sir Thomas the Bonds for which he promised to reward him Sir Thomas observing Bolrons declining condition sent a Servant for him whereat Bolron seemed much concerned and amongst other things told the Messenger that he had been reading the Printed Tryals and that he had learn'd T. O. his way of witnessing so exactly that he did not doubt to hang any Man whom he pleased but upon the 29th of May he came to Sir Thomas to tender a Mortgage of a poor House his Father left him at New-Castle which Sir Thomas then slighted having several others bound with him for the Debt the next day being the remarkable 30th of May last and on which day Bolron had laid the ground of his Principal Accusation Sir Thomas stir'd not from about home and about six of the Clock that evening one of Sir Thomas his Servants went to the House of Nicholas Shippen not a quarter of a Mile from Bolrons House and there found Bolron who said he had lain private there most part of that day for fear of the Bailiffs and moreover that he would now keep himself conceal'd and get into the Cole-pit at Castleforth not far off where he was sure the Bailiffs should not find him Bolron having by his Wife who was formerly a Servant in the Family gotten into one of Sir Thomas his Farms and being in arrear of Rent also a Declaration of Ejectment was ordered by Sir Thomas to be delivered him and on the 4th of June following the abovesaid 30th of May Bolron had notice thereof about which time Bolron went to Sir Thomas his House and slipt up to Mr. Rushtons Chamber but at his coming down seem'd much in passion and told one of Sir Thomas his Servants that he had been with Mr. Rushton to borrow 5 l. but was refused it and with a great Oath vow'd to be reveng'd on him going away without speaking to Sir Thomas Bolron having now resolved revenge told his Wife he would now pay Sir Thomas all by Mortgaging his House at New-Castle wherein she had her Joynture if she would give consent to it she consenting at length he brought her a Writing to Sign purporting her consent as he pretended to her He likewise pretended to Sir Thomas his Attorney that he had gain'd his Wives consent to Mortgage or sell the said House and pray'd him to prepare a Deed of Mortgage thereof to Sir Thomas and he did so having perswaded Sir Thomas to accept it but it proved ineffectual Bolron being become more and more enraged and having studied the several Proclamations which had come forth since T. O. supposed discovery of the Plot goes to Broderton Tyndal Esq Justice of the Peace and informs him several things against Rushton and that Mrs. Mary Presseck Wife to Sir Thomas his Servant had spoken several strange words concerning his Majesty Afterwards he gave his Information to William Lowther Esq another Justice of the Peace After that he attended Mr. Lowther Mr. Tindal and Mr. Francis White Esq a third Neighbouring Justice of the Peace and there likewise confirm'd to them what he had said the two former days and then desired four or five days to give them a further account Bolron attending them accordingly requested that the former Information he had given them might be return'd to him but 't was told him that the Informations he had given them were sent up to London and thereupon he resolved to follow them and prayed them to lend him a little Money for his Journey for he was grown very low and he said they gave him 8 s. 6 d. towards it and Mr. Tyndal gave him a Letter of Directions and Assistance to his Brother in London but another of them a Neighbour of Sir Thomas's gave him something more to make quicker expedition but he perceiving that most of the Justices would give little faith to his Informations they being made up of hear-says contradictions and improbabilities and Mr. Thomas Gascoigne whom he involved being gone beyond Sea near two Months before the time hinted of the 30th of May and that therefore they would issue out no Warrants against any whom he had accused but a Servant which otherwise as the whole Country knows they would most readily have done he resolved to mend his Error when he came to London and so by becoming a Kings Witness to be above all wants and also be reveng'd on Sir Thomas and secur'd from him and all other his Creditors and in order to those good ends he gave out in the Country he would go to New-Castle and sell his House but in stead thereof he hasted to London immediately At Ware upon the Road he lost Justice Tyndal's Letter but getting to the Green-Dragon in Bishops-gate-street upon the third of July following he immediately acquainted the Land-lord with his errand and by his directions goes in all hast to Sir Robert Clayton and the next day viz. the 4th of July he attended the Right Honourable the Lord President Shaftsbury and the Lords of His Majesties Privy Council and positively upon Oath accuseth Sir Thomas and others of Consultations in relation to the Kings death for he swore that upon the 30th day of May he being at Sir Thomas his House Sir Thomas bade him go into the Gallery where Rushton though he were so angry with him the said Bolron as Bolron swore for taking the Oath of Allegiance that he was ready to have strucken him nevertheless tempted him in express terms to kill the
King and that upon his refusing to do it Rushton pray'd him however to keep it secret That waiting by Sir Thomas's appointment till his return Sir Thomas about six of the Clock that evening took him into his Chamber and having ask'd him what Rushton said to him Sir Thomas told him That if he would undertake a design to help to kill the King he would send him to his Son Mr. Thomas Gascoigne who should instruct him how to do it and he should have a thousand Pounds reward but refusing again to have any hand in blood Sir Thomas desired him of all love to keep it secret Now as to the Account the said Bolron then gave of Sir Thomas his Servants he declared that Maybury went away about suspition of a Trunk the Lady Tempest had lost with Moneys and Jewels in it for then he had not pitch'd on the said Maybury for his second Witness as afterwards in a Month or thereabouts he did Their Lordships presently sent away Bolron and a Messenger into York-shire for Sir Thomas and in the mean time examin'd those Persons in London to whom Bolron had directed them where to find or hear of Mr. Thomas Gascoigne Son to Sir Thomas mentioned in the abovesaid Accusation and when they saw him last But their Lordships soon found upon Enquiry that Mr. Gascoigne was then and long before gone beyond Sea having set forward for Dover viz. on the 7th of April and was so far from being seen since in Town by them that several Letters had been received from him from beyond Sea by the Post with the Post-mark on them which caused strange reflections on this new Evidence given by Bolron and therefore these Persons being seperately examin'd by the Lord President were admonish'd to take great care what they answered for that it was sworn by Bolron and another that Mr. Gascoigne was seen at London both the beginning and latter end of May by several whereto it was reply'd by one of them under examination That on that 30th of May he assisted in a Cause or Law-suit of Sir Thomas's against one Mr. Nelthorp in London and that his Sons presence if he were in London had been necessary and that if Mr. Thomas had been any where near he would have appeared at it to have supplyed his Fathers place at the said Tryal in Chancery Nay Bolron himself has since depos'd that one principal cause of Mr. Gascoigne's coming to Town when he left the Country was this very Law business with Mr. Nelthrop how truly the effect hath shewn as well as of the rest of those Allegations The 7th of July Sir Thomas was taken into custody late at night out of his House at Barnbow fourteen Miles from York and Bolron caused a Warrant to be served on his own Wife and Grand-mother to testifie before Mr. Lowther and Mr. Tyndal what they knew of the things they had charged Sir Thomas with but they were very unwilling to go and protested before God that they never knew nor heard of any ill by the said Sir Thomas or any thing in the least ways concerning any wicked design against the Kings Person the Government or Religion of the Nation Whereupon the said Bolron being much enraged swore and threatned and then said if they would go and testify what he had sworn against Sir Thomas he should get 500 l. by it but if they refused to do so he should be utterly undone after this Bolron was very melancholly and being ask'd if his Conscience did not trouble him for what he had sworn against Sir Thomas he declared That if some Persons would pass it by he would not prosecute him any further One of Sir Thomas's Servants went to Bolrons House that night about nine a Clock and found Bolrons Wife in bed crying extreamly complaining that her Husband had lately made her set her Hand to a Writing pretending to her that it only concern'd her consent to part with her right to the House at New-Castle which she willingly agreed to but she now found it was a Writing wherein her Husband had accused Sir Thomas and several others but had not found proper to produce it as yet The 18th of that Month Sir Thomas was examin'd at the Council-Board and the day following he was committed to the Tower now Bolron who was also return'd considering that he had often named Mr. Corker a Prisoner in Newgate as a Man he intimately knew though in truth he had never seen him in his life and thinking also that it was necessary he should be able to distinguish him at least from other Men against the time he should be brought to charge him about the Plot and about the Moneys return'd to him he came on the 22d of July last to the Press-yard at Newgate in another Man's Name desiring the Turn-key to bring Mr. Corker to him Mr. Corker being inform'd that a Stranger would speak with him very prudently desired a Gentleman then present to step down and see who it was the Gentleman coming into the Box and asking before some Protestants that were by who would speak with Mr. Corker Bolron supposing him to be the Man call'd him Mr. Corker and ask'd him how he did pretending a particular knowledge of him and several years acquaintance with him whereat the Gentleman following the humour sate down by him and drank with him so that the familiarity encreasing Bolron among other things told him he had several times heard him say Mass whereupon Mr. Corker being made acquainted with this pleasant Passage came down to the Box likewise and sate by Bolron who knew him not in the least but wholly applied himself to the other all which the Protestants and others present have attested under their Hands The like accident happened to Bolron the last Summer Assizes at York for there he demanded of Mr. Butler the Goaler a sight of his Prisoners a Method learn'd of the Confraternity at London to whom all Prisons were open at their call and having there throughly view'd and survey'd one Lambert he at length saluted him by the Name of one Osbaldestone who answering that he was not the Man Bolron told him that he was and that he would swear that he heard him say Mass Whereon Mr. Butler replyed That he was a rash Man for that Lambert was a Trades-man as several could testifie and besides Osbaldestone was twenty five years elder At this time Bolron becoming more known in London and familiar was advertised by some of his new Collegues and Well-wishers in plain Language that he had made a mighty false step in swearing on the 4th of July That Sir Thomas had said to him on the 30th of May last that if he would assist to kill the King he would send him to his Son Thomas who would instruct him how do it and that he should have 1000 l. reward whereas in truth it was found that Mr. Thomas Gascoigne was gone to Paris about eight weeks before
of a desperate resolution That his Heart was Loyal and true to the King but confess'd that through Rushtons perswasions he himself had subscribed to this wieked Design and now was forced by his Loyalty to his King and to clear his stain'd Conscience to reveal it That he would endeavour to procure a List of the Conspirators which he had seen and subscribed to That he was certain Mr. Ingoldsby Sir Thomas Gascoigne Thomas Gascoigne Esq Sir Miles Stapleton with many others had subscribed it and were great promoters of this Act and are still providing Force and Arms to carry on this Design That he begg'd his Lordships pardon for this boldness and intreated him to communicate this to whom he thought fit That at present he durst not subscribe his Name being within the Claws of the Papists but upon protection from them he would acknowledge the Hand and Mark subscribed ☞ York 1. January 1677 8. yet sent from Leeds as a few Lines before he had deposed This is the effect of the pretended Letter which forsooth never came to the Dukes Hands and yet I etters we find do as seldom miscarry here as in any place of the World but the whole design is Reader so vain that one would wonder how a Man could fancy such a childish Fable would take and salve his not discovery of the Plot before for he not only lay dormant three whole quarters of a year I mean the whole time between the date of his wifes Letter and T. O. his appearing in the World but almost a year after the full discovery of the Plot notwithstanding the encouragements the Witnesses had by the Kings Royal Proclamations and the misery of the Catholicks in England were in But to be short it appears by what is already said and shew'd that this Maybury was so far from writing any such Letter at that time from York or Leeds and he swears both that he was then actually at London as several Protestants here are ready to testifie So that his design and ambition was not only to equalize but also to exceed and out-go those of the Kings Evidence that had got the start of him in the supposed Discoveries Sir Thomas Gascoigne being committed to the Tower as has been mentioned an Indictment was preferr'd at Leeds before especial Commissioners of Oyer and Terminer on the 7th of November against him and Sir Miles Stapleton for that they with several others on the aforesaid 30th of May 1679. at Barmbow contriv'd to kill the King c. and that Sir Thomas then solicited Bolron to 't and promised him a thousand Pounds for 't upon the Evidence of Bolron and Maybury it was found and Bolron being then ask'd if Maybury had not been suspected of stealing Money and Jewels he said No and that the things supposed to be stoln were his the said Bolrons so that the denial is a new escape and directly contrary to what he found by his Copies he had sworn before the Council of the said Maybury parting from Sir Thomas on suspition of Theft The Prisoner was under infinite disadvantages he being about 85 years of age he had of late years almost totally lost his Hearing his Memory was mightily decay'd his Sight bad his Hands shaking his Body crazy his Mind so little intent to publick business that he was not in London but once in thirty years and that was in passing to France and back which happened about 14 years ago This poor Gentleman now finding that these Persons had sworn positive Treason against him and understanding by some who were intimate with them and had had a sight of their Papers that they had positively contradicted themselves in their several Informations he thought fit to petition for Copies of the said Informations but was denied them so that all his dependance under God was his Innocency and in the assistance of Mr. Charles Ingoldsby a Lawyer and his near Kins-man and therefore to him he committed all the management of his Affairs On the 24th of January he was arraigned at the Kings-Bench Bar where first crossing himself with his Hand he answered In the Name of the Father and of the Son and of the Holy Ghost Amen Not Guilty Now he prayed the Court some of his material Witnesses being at Paris that his Tryal might not be till they could conveniently be sent for for he feared the day appointed for them was of the soonest and so it prov'd for they came not till a day or two after Bolron finding that Sir Thomas rely'd wholly on Mr. Ingoldsby as has been said what does he but informs against him as a Conspirator and so got him seiz'd by a Messenger which fell out whilst he was actually penning Sir Thomas his Breviate which amaz'd not a little every body for Mr. Ingoldsby had not only openly frequented London and the Kings-Bench Bar every Term since the Plot was first talk'd of but was at home in York-shire when Sir Thomas was accus'd and taken with the rest nay he was publickly at York Assizes as Mr. Justice Dolbin acknowledged when Bolron came thither with Commissions to apprehend whom he pleased Nay yet more was in a Room where Bolron came to search and yet took no notice of him there neither The 11th of February Sir Thomas was brought to his Tryal Serjeant Maynard and Mr. Attorney Mr. Solicitor and Mr. Recorder being of Counsel against him and there Bolron swore that he came to his Service in the year 1674. That a Deed of Trust was executed to Sir William Ingoldsby by Mr. Ingoldsby's advice about April 1675. and that Sir Miles S. said it was well done That in 1676. Sir Thomas said that he would send 3000 l. to the Jesuits at London for carrying on the Design but if sent or not he knows not That in 1677. Sir Thomas Mr. Thomas Gascoigne Mr. Ingoldsby Lady Tempest and others met at Sir Thomas's and agreed to establish a Nunnery That Sir Thomas was to give 90 l. per An' towards it and be Canonized his Son Thomas to be made a Privy-Councellor c. That they were six hours in consultation to carry on the Design That in March last Mr. Thomas told his Father he had gotten a Licence to go to London That he would fly into France and commit the Design to those would not fail to do it And Sir Tho. approv'd it That on the 30th of May he went into Sir Thomas his Gallery and Rushton chid him for taking the Oaths of Allegiance and told him it was meritorious to kill the King and he would assist in 't but he Bolron would have no hand in it That having staid by S●r Thomas his order till he returned Sir Thomas took him into his Chamber about six a Clock that night and having ask'd him the discourse between him and Rushton which was so contrary to the present purpose yet said if thou wilt undertake to assist to kill the King I will give thee a