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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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 'T is 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 30 th of May to the Gallery to M r. Rushton L. C. J. 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 500 l. 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 't is 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 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. 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 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. 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 'T is 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 't was 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