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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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sin less of it L. C. J. Who did make away his Goods Mr. Thomson Bolron did L. C. J. When was this Mr. Thomson Candlemas last For then I thought Sir Thomas might sue me for the Money and I would feign have known if Sir Thomas had any hand in the Plot and I pressed him much to tell me Then it passed on and having a Writ out against me I durst not stir out my self but I did send my Man to him to know what he did intend to do about it He told my Man Brother tell thy Master he need not to fear at all why said my Man do you know he hath any hand in the Plot Mr. Just. Dolben That is but what your Man said Mr. Just. Pemberton Is your Man here Mr. Thompson No. Mr. Just. Dolben Therefore you must not urge that he said to you 't is no Evidence Mr. Thomson On Thursday after I went up to him my self and got him to go up to Sir Thomas and so when he came to Sir Thomas he would give him no time but a fortnight to pay the Money Bolron desired but three weeks time and he would procure him his Money So away we came down Said I What do you intend to do in this case Said he If he do sue me I will do ●…im an ill ●…urn and soon after he went to London and said he would go to sell his Land at Newcastle And a while after I went out to see if he were come again and meeting him it was when he was going to London again to ●…arry on his designe said I Robert Bolron what do you say in this Case you are going now to leave the Country and how shall I be secured against Sir Thomas do not question it said he for I am to receive on the Kings Account 30 l. L. C. J. Upon whose Account Mr. Tompson Upon the King's concerning the taking Sir Tho. Ga●… Mr. Bolron But I never had a farthing of it Mr. Thompson But said he I will not take it for another bids me threescore pounds and I know what Oats and Bedloe had and I won't aba●… a farthing of that L. C. J. When was this Mr. Thompson It was after he had taken him and on Holy Thnrsday he did say If he did sue him he would do him an ill turn Then the Lord Chief Justice being to sit 〈◊〉 Nisi prius at Guild-Hall went off William Backhouse was next called Mr. Just. Jones Let him ask Backhouse what he will Sir Tho. Gascoyn I would ask him what Threats he gave to his Wife to swear against her Conscience and pro●…ise of 500 l. he should gain by it Backhouse I served the Warrant to carry the Witnesses before Esq Lowther and Esq Tindall I was charged the 7th of July last to help fetch the Witnesses before the Justices and to take Sir Tho. Gascoyn I and two of my Sons and he opened the Door his own self When we had taken him Esq Lowther directed us to bring the Witnesses before him and we did so When we came to Bolron's House his Wife was sick on Bed and I said that she must go before the Justice of Peace to swear against Sir Tho. Gascoyn for High Treason She said she knew nothing against Sir Thomas But Bolron said she must go or he would have her drawn at the Carts Arse Then Hamsworth was called Mr. Just. Jones What will he ask him Sir Tho. Gascoyn I ask him about the Threatning of his Wife Hamsworth May it please you my Lord The same day that Sir Tho. Gascoyn was taken Robert Bolron came to his Wife and told her she must go to Esq Lowther to swear against Sir Tho. Gascoin She fell a weeping and would not go by no means he threatned if she would not go he would tie her to the Horse's tayl Mr. Just. Dolben Did he tell her what she should swear Hamsworth I did not hear him only to swear against Sir Thomas Mr. Just. Dolben What she k●…ew was it Hamsworth Yes and she said she did not know any thing of Misdemea●…our of Sir Thomas Gascoyn touching his Sacred Majesty or the Church Government Mr. Just. Jones Art thou sure he said those words Mr. Mowbray My Lord he is a Papist Hamsworth I am a Protestant Mr. Just. Pemberton How long have you been a Protestant Hamsworth I was born so Mr. Just. Jones Well thou hast added a few fine words that I dare say she never said Mr. Just. Pemberton Were you never a Papist Hamsworth Yes I was Nicholas Shippon was called Mr. Mowbray This Man is a Papist too Mr. Just. Dolben Do you think he is not a Witness for all that Sir T. Gascoyn What discourse he had May 30 the day after the Race Mr. Just. Pemberton Well ask him what you will what do you say Shippon Mr. Bolron was with me the 30th day of May. Mr. Just. Dolben What May last Shippon Yes the day after Ascension-day He came to my House about two a Clock in the afternoon and staid at my House all that afternoon while an hour after Sun set before he went away He came and brought a Letter with him to carry to Newcastle and it was sent away thither Mr. Just. Dolben Are you sure it was the day after Assension-day How if it should fall out to be another day Shippon Yes Assension-day was the 29 th of May. He came to me about two a Clock Mr. Serj. Maynard Pray what reason had you to take notice of this Shippon He came and brought a Letter to me that was to goto Newcastle and desired me that my little Boy might carry it to a kinsmans house of mine for he said he was afraid of the Bailiff and did not care for stirring out My Wife brought him some meat and drink and he said it was better than he had at home and she said she was the more sorry things were no better with him Mr. Just. Dolben But how came you to take notice that this fell out the 30th of May Shippon The night before I met him coming from the Race which was the 29th of May and he asked me if I saw any Bayliffs waiting for him and I said Yes And he said it was well if he missed them And he asked me if I saw Bennet Johnson Mr. Just. Jones How long was it you say he staid Shippon He came about two a clock and staid till an hour and half after Sun-set Mr. Serj. Maynard What Religion are you of Friend let us know Mr. Just. Dolben What say you to the truth of this Bolron Mr. Bolron My Lord there is not a word of it true for I was about two a clock at Sir Thomas Gascoyns They were marking some Sheep and I was there most of the Afternoon Mr. Just. Jones Were you ever at his House at any other time to send any such Letter Mr. Balron I never sent any such Letter Indeed that day I was a little of the afternoon at his
stood at the Stair's foot Mr. Just. Jones Just now you said it was the Stairs head Mr. Just. Pemberton Did you say any thing to them about this Batley No I did not open my Lips to them about it but I told it to a Friend about three or four weeks after Mr. Just. Jones To whom Batley To a Neighbour of mine I suppose it was told Mr. Babbington Mr. Just. Dolben What say you Mr. Babbington how came you to know of this Mr. Babbington When the Commissioners of Oyer and Terminer were sitting at Leeds there was one came and told me George Dixon could afford me something that would be very advantageous for the benefit of Sir Thomas Gascoyn Mr. Just. Dolben Who was that Man Mr. Babbington Bennet Johnson or Francis Johnson Mr. Just. Dolben Was that the Man you spoke to Batley No I spoke it to a Smith one Richard Loftus Mr. Babbington I 'le tell you another Person I heard it from that was Mr. Bayliff of Leeds Mr. Just. Pemberton Well was this the common discourse of Leeds Mr. Just. Dolben He says so Was it then presently Mr. Babbington The Bayliff did not tell me so suddenly Mr. Just. Dolben Would it not have been to your purpose to have brought the Bayliff here Mr. Babbington It was after the Commission of Oyer and Terminer that I had it from him which was in October Mr. Bolron In the time of August I was not at Leeds I was in Northumberland searching for Priests and in the Bishoprick of Durham all but a little of the first of it Then Mrs. Jefferson was called Mr. Just. Pemberton What do you ask her Sir Tho. Gascoyne Pray be pleased to speak to the Conspiracy and Combination against me Mr. Just. Jones Whose Combination Come Mistris what do you know Jefferson I asked Mr. Mowbray one time what he knew concerning Sir Thomas Gascoyne And he said he knew nothing but Sir Thomas was a very honest Gentleman for what he knew and the best Friend he had Mr. Just. Jones Is that all you know Jefferson He thought he was wrongfully accused Mr. Just. Pemberton When was this was this after the time he was accused by Bolron Jefferson It may be it might be I think it was in August Mr. Just. Jones In August las●… Jefferson Yes Mr. Just. Dolben But you must needs know it was the talk of the Country when Sir Thomas Gascoyne was sent for up to Town was it after that time Jefferson Yes I think it was Mr. Just. Jones Then you say you heard Mowbray say that Sir 〈◊〉 Gascoyne was an honest Gentleman and he could say nothing against him Jefferson Yes ask him else Then Matthias Higgringil was called Mr. Just. Dolben Was he one at the Meeting Mr. Bolron He was at the sealing the collusive Conveyance Mr. Just. Jones This Higgringil is a Protestant is he not Mr. Bolron I know not I think so Mr. Just. Dolben Come Sir what say you in this matter Higgringil To whom Mr. Just. Dolben What can you say to the Business about Sir Tho Gascoyne Sir Tho. Gascoyn Speak to the threatnings to take away my life Higgringil I have nothing to say to Bolron but Mowbray on 25 Septemb. last being at an Alehouse Mr. Legat and he were together consulting how to disgrace Sir Thomas and take away his Life and he calls me out to speak with me Now said he I shall match them for they have done what they could to disgrace me Mr. Just. Jones How did he mean that Higgringil I suppose he had taken away some Money and Gold and they spoke of it and that was to disgrace him Mr. Just. Dolben Was it charged upon him Higgringil It was suspected always he had taken it away Mr. Just. Dolben But was there any such thing talked of in the Country Mr. Just. Jones What did he say to you Higgringil He said they did what they could to disgrace him and take away his life and he would requite them Mr. Just. Pemberton Who they Higgringil Sir Thomas Gascoyne and my Lady Tempest Mr. Just. Pemberton Why did Sir Thomas ●…dict him Higgringil No but the noise was about the Country Mr. Just. Dolben When was this in September last Higgringil Yes Mr. Just. Dolben What Profession are you of Higgringil Higgringil An Husbandman I graze and I farm a Farm Mr. Just. Dolben You know this man do you not Mr. Mowbray Mr. Mowbray Yes Sir Thomas employs him he is a kind of Collector to him Mr. Ravenscroft He is no Papist Then Francis Johnson appeared Mr. Just. Dolben Well come what do you know Johnson He hath sustained great Losses by him Mr. Just. Dolben He who Johnson Sir Thomas Gascoyne Mr. Just. Dolben By whom Johnson By Mr. Bolron Mr. Just. Dolben What Loss hath he received Johnson The very first Month he entred he wronged him of three pound Mr. Just. Jones How do you know that Johnson I cast up the Accompt my self Mr. Just. Jones But he kept him two years after that Johnson Yes he did Mr. Just. Jones Is this all you have to say Johnson Yes Mr. Bolron My Lord I lost three Pounds the first three weeks and Sir Thomas forgave me it I don't deny it Mr. Just. Dolben Do you know of any malice between them and that he said he would do him any mischief Johnson No. Then Mr. Pebles Clerk of the Peace in the County of York was called Sir Tho. Gascoyn I would desire you to speak of the Carriage of Mr. Bolron to you Sir what you know Mr. Pebles My Lord I was in York last Assizes and Mr. Bolron came to me into a Room where I was with some Gentlemen and asked me how I did and asked me if I did not know him I told him I did not remember him said he I am the the prosecutor against Sir Tho. Gascoyne So when he was sat down after a little while he desired to discourse with me and asked me if a man was indicted as a Traytor whether it were fit to pay him Money I owe said he Sir Tho. Gascoyne Money and I would know whether it be fit to pay it to him said I I think you may safely pay him his Money before he be convicted but then 't is the King's in my opinion Nay said Bol. he is sure to be convicted Thensaid I I think it not safe to pay it therefore I leave that to your own Discretion whether you will or no. Alittle after he desired to have my Opinion concerning the two Judges that came our Circuit for I am might●…ly abused by them said he they will not at all give me Audience I came from the King and Council and they slight me will not hear me speak Said I I believe if you will go to them they will hear you I went to speak with them and they sent some of their Servants out to know what I would say to them but I have wr●… a Letter to them to tell them my