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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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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 't is 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. 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 't is 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 Dolebank June the 9th 78. 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 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 without 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 't is 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
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 1000 l. 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 Money and this my Lord we shall prove 'T is 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 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
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 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. 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. 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