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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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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
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