THE TRYAL OF S r Tho. 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. LONDON Printed for Tho. Basset and Sam. Heyrick at the George in Fleet-street and at Greys-Inne-gate in Holborn 1680. THE TRYAL OF Sir Tho. Gascoyne Bar. On Saturday the 24th of Jan. 1679 Sir Tho. Gascoyne was brought to the Bar of the Court of Kings-bench to be Arraigned for High-Treason which was done accordingly in this manner Clerk of Crown SIr Thomas Gascoyne hold up thy hand Sir Tho. Gasc I cannot hear Clerk He saies he cannot hear L. C. J. Then somebody must repeat it that stands by him Mr. Recorder Do you hear what I say to you Sir Tho. Gasc No I cannot hear I am very deaf Then the Clerk of the Crown went down close to the Bar and went on thus Clerk of Crown Sir Thomas Gascoyne hold up thy hand which he did Thou standest indicted by the name of Sir Thomas Gascoyne late of the Parish of Elmett in the West-riding in the County of York Bar. for that thou as a false Traytor against our most Illustrious and excellent Prince King Charles the second thy natural Lord not having the fear of God in thy heart nor weighing the duty of thy Allegiance but by the instigation of the Devil moved and seduced the cordial love and true due and natural obedience which true and faithful Subjects of our said Lord the King should bear to him and of right are bound to bear wholly withdrawing devising and with all thy power intending to disturb the Peace and common Tranquillity of this Realm and to bring and put our said Lord the King to death and final destruction and the true Worship of God in this Kingdom by Law established and used to alter unto the Superstition of the Church of Rome and to move and stir up War against our said Lord the King in this Realm and to subvert the Government of this Kingdom The thirtieth day of May in the one and thirtieth year of our said Lord the King's Reign at the Parish of Barwick in Elmett in the said County of York in the West-Riding of the same County with divers other false Traytors unknown didst trayterously compass imagine and intend the death and final destruction of our said Lord the King and to change and alter and wholly to subvert the ancient Government of this Realm and to depose and wholly to deprive the King of the Crown and Government of this Kingdom and to root out the true Protestant Religion And to fulfil and accomplish the same most wicked Treasons and trayterous Imaginations and Purposes the said Gascoyne and other false Traytors unknown on the said thirtieth day of May in the one and thirtieth year aforesaid with Force and Arms c. at the Parish of Barwick aforesaid advisedly divelishly maliciously and trayterously did assemble unite and gather together themselves and then and there did devilishly advisedly maliciously craftily and trayterously consult and agree to bring our said Lord the King to death and final destruction and to depose and deprive him of his Crown and Government and to introduce and establish the Religion of the Roman Church in this Realm And the sooner to fulfil and accomplish the same most wicked Treasons and trayterous Imaginations and purposes thou the said Gascoyne and other unknown Traytors then and there advisedly maliciously and trayterously did further consult and agree to contribute pay and expend divers large sums of money to divers of the King's Subjects and other persons unknown to procure those persons unknown trayterously to kill our said Lord the King and to introduce the Roman Religion into this Realm And that thou the said Gascoyne afterwards to wit on the said thirtieth day of May in the one and thirtieth year aforesaid at the Parish aforesaid didst falsely advisedly craftily maliciously and trayterously sollicit one Robert Bolron to kill our said Lord the King and then and there with an intent sooner trayterously to encourage the said Bolron to undertake the killing and murthering of our said Lord the King offeredst therefore to give and pay the said Bolron a thousand pounds of lawful money of England against the duty of thy Allegiance against the Peace of our said Lord the King his Crown and Dignity and against the form of the Statute in such Case made and provided How sayest thou Sir Thomas Gascoyne art thou guilty of this High-Treason whereof thou standest indicted and hast been now arraigned or not guilty Sir Tho. Gascoigne Gloria Patri Filio Spiritui Sancto I am no guiltie Clerk of Crown Not guiltie you must say Sir T. Gasc Not guiltie nor any of my Familie were ever guiltie of any such thing I hope I shall be tryed fairly Clerk of Crown How will you be tryed Sir T. Gasc By God and my Countrie Clerk of Crown God send thee a good deliverance Sir T. Gasc I desire that in order to my Trial I may have a Jurie of Gentlemen of Persons of my own Qualitie and of my own Countrie that may be able to know something how I have lived hitherto for I am above Fourscore and five years old L. C. J. Tell him he shall have a good Jurie of Gentlemen of his own Countrie Sir T. Gasc And besides my Lord I desire to know when I shall be tried Mr. Att. Gen. Some time about the latter end of the Term as soon as I can get a Jurie up Sir T. Gasc I do not know whether I can produce all my Witnesses at that time if there be not a longer time allowed me for I have a great many Witnesses to fetch up These Witnesses must be all here or I can't make my Defence and I know not how they shall be got hither in so little time L. C. J. Tell him he may have what Witnesses he pleases and the aid of this Court to fetch them Mr. Justice Dolben Name them who they are Mrs. Ravenscroft My Lord some of his Witnesses are at Paris Mr. Justice Dolben Why he will not be tried yet this fortnight Mrs. Ravenscroft They will not have time to come over between this and that Mr. Justice Dolben Mistriss he had reason to believe that he should be tried some time this Term for so the Council ordered it and therefore he should have got his Witnesses ready Mrs. Ravenscroft My Lord he did not know where they were till a week ago Mr. Jâ—…stice Dolben Look you Mr. Attorney here is a Ladie that is I suppose fome Relation to this Gentleman Mrs. Ravenscroft He is my Grandfather my Lord. Mr. Justice Dolben She saies a fortnights time will be too little to get his Witnesses together for his Defence because some of the Witnesses are
L. C. J. Were you in the Room Mr. Bolron I was in the next Room and the door was not shut and Sir Thomas did say Mr. Att. Gen. Tell the discourse what it was Mr. Bolron He said he was resolved to make a collusive conveyance of his Estate for fear it should be forfeited to the King And Charles Ingleby said it was best so to do and then he told Sir Thomas he wou'd have the Defeazance made ready which he would draw with his own hands but he bid him be sure to bring none but Protestant Witnesses along with him to testifie And in the year 1675 I did go along with Sir Thomas Gascoigne to Sir William Ingleby's of Ripley and there I did see him receive colourably 1000 l. L. C. J. How do you know it was colourably Mr. Bolron I did hear Sir Thomas tell Charles Ingleby so L. C. J. When was that Mr. Bolron The 7th or 8th of April the Deed bears the 8th of April 1675. L. C. J. Was Charles Ingleby there at that time Mr. Bolron Yes when the Deed was sealed and he read it in the presence of the Witnesses to be dated at that time Mr. Justice Dolben What that thousand pound was the consideration of the Deed Mr. Bolron Yes it was Sir Thomas Gascoigne did part thereby with all his Estate for seven years he allowing him 100 l. a year for his maintenance besides the 1000 l. at first paid And this was done with that intent for fear he should be discovered in the Plot for killing the King L. C. J. How do you know that Mr. Bolron I did hear Sir Thomas Gascoigne and Sir Miles Stapleton discourse of it and he said it was for that end L. C. J. Where was that discourse Mr. Bolron In Sir Tho. Gascoigne's Bed-chamber Mr. Justice Jones When was that Mr. Bolron It was in or about the discovery of the Plot. L. C. J. But you say you saw the Deed sealed Mr. Bolron Yes I was a Witness to it L. C. J. And you saw the money paid Mr. Bolron I and one Matthias Higgringill did help to count it Mr. Justice Jones Were you a Protestant at that time Mr. Bolron Yes my Lord I was at the time of the sealing the Deed but I did hear the discourse between Sir Miles Stapleton and Sir Thomas Gascoyne upon the discoverie of the Plot when I was a Papist L. C. J. When was the discourse you speak of with Sir Miles Stapleton do you say Mr. Bolron It was about the discoverie of the Plot. L. C. J. After the money paid Mr. Bolron Yes after the money paid And he said to Sir Miles Stapleton he had done well to make over his Estate L. C. J. That is an abrupt thing for him to say how did he begin the discourse Mr. Bolron They were discoursing about the discoverie of the Plot by Dr. Oates and Mr. Bedloe and then Sir Thomas Gascoyne said to Sir Miles Stapleton I have done well to make over my Estate to Sir William Ingleby to prevent a forfeiture L. C. J. What said Sir Miles Stapleton Mr. Bolron I do not know what he said very well L. C. J. You seemed but now as if he had said he was in the Plot. Mr. Justice Jones Did he own he was in the Plot Mr. Bolron Yes L. C. J. When Mr. Bolron At several times Mr. Serjeant Maynard Tell the manner how he was concerned Mr. Bolron My Lord in the year 1676 I did hear Sir Thomas Gascoyne say to one Christopher Metcalfe that he was resolved to send 3000 l. to the Jesuits in London for the carrying on of the Designe L. C. J. What time in 76 Mr. Bolron The beginning of the year 76. L. C. J. To whom did he say so Mr. Bolron To one Christopher Metcalfe L. C. J. Were you a Papist then Mr. Bolron Yes L. C. J. When came you first to be a Papist Mr. Bolron About Whitsontide 75. Mr. Justice Jones You are a Protestant now Mr. Bolron Yes my Lord I am so L. C. J. When did you turn Protestant again Mr. Bolron I turned Protestant upon the discovery of this business L. C. J. When Mr. Bolron Either the beginning of May or the latter end of June L. C. J. To whom did he speak it Mr. Bolron To Christopher Metcalfâ—… who then lived in his house L. C. J. What said he Mr. Bolron He said he was to send 3000 l. to the Jesuits in London for the carrying on of this Designe L. C. J. Who was in the Room besides Mr. Bolron None but Sir Thomas Gascoyne and Metcalfe L. C. J. Where is that Metcalfe Mr. Bolron He is since dead I think L. C. J. What discourse had they about the Designe Mr. Bolron They were discoursing about it when I came in and I remember he mentioned 300 l. for Corker 300 l. for Harcourt and 300 l. for Cornwallis and the rest by 300 l. apiece to other Persons Mr. Att. Gen. What name did Cornwallis go by besides Mr. Bolron Pracid my Lord. Mr. Att. Gen. That 's the name that is to the Letter Mr. Justice Pemberton Well what do you know more Mr. Bolron My Lord Sir Thomas Gascoyne told this Christopher Metcalfe that he would return it by 300 l. at a time to prevent suspition by the hands of Richard Phisicke and about the beginning of the year 77 I did hear Sir Thomas Gascoyne say that he had returned it and that if it had been a thousand times as much he would be glad to spend it all in so good a Cause L. C. J. Did he say he had returned all the 3000 l. Mr. Bolron Yes L. C. J. Did he tell you how it was to be disposed of Mr. Bolron It was to be disposed among the Jesuits for the carrying on of the designe L. C. J. That was in the general but this 900 l. you speak of was to those three Priests Mr. Bolron Yes Mr. Justice Jones You say he resolved to send 3000 l. to the Jesuits at London about this designe pray what was the designe what did they say about the Plot at that time Mr. Bolron My Lord at other times I have heard them say it was for killing the King L. C. J. What said Metcalfe to all this Mr. Bolron He did allow of it and thought it was the best way so to do I have seen him return several sums by Richard Phisicke Mr. Justice Dolben Was Metcalfe a Papist Mr. Bolron Yes and he died so as I have heard L. C. J. Was you in the Room when they first began the discourse Mr. Bolron No my Lord I came in when they were discoursing L. C. J. You came in when they were talking you say but they did not stop talking because you came in Mr. Bolron No my Lord because I knew of it I was brought in by one Rushton who was acquainted with the Plot to know of it and therefore they did not stop when I came in L. C. J.
come to him againe but I did not L. Chief Just. This was the 30th of May Mr. Bol. Yes and the same day as soon as I came down I was told Sir Thomas Gascoyne had left order with his Servants that I should not depart the house till he came in and I stay'd there till about six of the Clock L. Chief Just. Did not you live with him then Mr. Bol. I lived a little way off the house L. Chief Just. How far Mr. Bol. About a Quarter of a mile L. Chief Just. Were you not his Servant Mr. Bol. No my Lord not at that time Mr. Just. Jon. How long had you been gone out of his service before Mr. Bol. I went out of his service about the beginning of July 1678. Mr. Just. Pember Did Sir Thomas Gascoyne send you into this Gallery Mr. Bol. Yes my Lord. Mr. Just. Pember And there you found Rushton Mr. Bol. My Lord he was not there when I came but he came as it were from Chappel L. C. J. You were his Servant when all the Gentlemen met at his house Mr. Bol. Yes my Lord I was L. Chief Just. When did you leave his service say you Mr. Bol. The first day of July 1678. L. Chief Just. And this was in May 1678 was it not Mr. Bol. No in 79 my Lord last May. My Lord I watched and stayd till he came in and took him as he came in I went up stayers with him and when we came into his Chamber he calls me to him and asked me what discourse had passed between me and Rushton I told him our discourse was concerning the Oath of Allegiance and the lawfulness or unlawfulness of it Then Sir Thomas Gascoyne took me by the hand and told me well man if thou wilt undertake a designe that I and others have to kill the King I will give thee 1000. l. and I will send thee to my Son Thomas if he be in Town but if he be not in Town he said he would give me such Instructions that I should find the rest that were concerned in the business L. Chief Just. The rest what Mr. Bol. The rest that were in the Plot. L. Chief Just. That you should know where to find them in London you mean so Mr. Bol. Yes my Lord if he were gone beyond Sea L. Chief Just. What said you to him Mr. Bol. My Lord I told him I would have no hand in blood and would not do such a wicked deed and desired him to perswade me no more Then he desired me of all love to keep secret what he had said But afterwards I recollected that it was a very ill thing and went immediately to the Justices of the Peace L. Chief Just. How soon did you go Mr. Bol. Soon after L. Chief Just. To whom did you go Mr. Bol. To Mr. Tindal a Justice of Peace and to Mr. Normanton L. Chief Just. Did you make an Oath there Mr. Bol. Yes that Sir Thomas promised me 1000. l L. Chief Just. And for what purpose Mr. â—…ol For Killing the King L. Chief Just. Did you put that in the Oath you made Mr. Bol. Yes my Lord. L. Chief Just. What time was this after the discourse Mr. Bol. It was about a week or such a time L. Chief Just. Was it the next day Mr. Bol. No. L. Chief Just. Was it within a fortnight Mr. Bol. Yes I believe it was my Lord. L. Chief Just. Was it not a month Mr. Bol. No it was not above a fortnight for Sir Thomaâ—… Gascoyne was apprehended in July or thereabouts I believe my Lord. L Chief Just. But was that the first time that Sir Thomas ever spake to you to kill the King the 30th of May Mr. Bol. Yes my Lord. Mr. Just. Jon. You say you left Sir Thomas service in July 1678 Mr. Bol. Yes the first day of July L. Chief Just. How did you leave him in good friendship Mr. Bol. Yes my Lord in very good friendship Mr. Just. Jon. Were you in good Correspondence Mr. Bol. I always went to his house to hear Mass and oftentimes was there L. Chief Just. How came you to leave his service M. Bol. It was my own fault I left it L. Chief Just. Why it might be no fault neither But why did you leave it Mr. Bol. My Lord it was because there was one Henry Addison and Bennet Johnson did seek to take my work and service out of my hands Sir Thomas Gascoyne did desire me to let them come in to see what they could do and that I should have my Sallary and that I should gather in his Debts I was willing to be rid of it and told him they that looked after the Pit should gather in the Debts for I conceived else it would be but a double Charge to him Mr. Just. Dol. This is only how he left Sir Thomas his service Sir Thomas thought the other men could do it better then he and so said he then let them do your whole work Mr. Just Jon. But he says he did usually resort to the house after he had left his service to hear Mass. Mr. Just. Dol. They will ask him some Questions 't may be L. Chief Just. Had you any Estate of your own when you left Sir Thomas service Mr. Bol. Yes I had a Farme I rented of Sir Thomas Gascoyne L. Chief Just. What Rent Mr. Bol. 15. l and a Mark a year after I was married L. Chief Just. When were you married Mr. Bol. In July 75 But afterwards I was there and did still service Mr. Attorn Gen. I think you have some estate of your own besides that Mr. Bol. Yes I have 7. l. a year Mr. Attorn Gen. Well will you for Sir Thomas ask him any Questions Mr. Bab. No. L. Chief Just. Mr. Bolron pray what did the Justice say to you when you made this Oath Mr. Bol. My Lord thus I was resolved to come to 〈◊〉 and makeâ—… Confession here and desired I might so do whereupon one of the Justices were unwilling but at last they said I might do what I would L. Ch. Just. You say Justice Tindal it was sworn before what did he say when you made the Oath Mr. Bol. My Lord as I remember he said he must give the Council an account of it and perhaps he should not have an answer of it in a moneth after so I thought it was better to come to London and make a speedy dispatch of the business for I did not know but the Priests in the mean time might escape L. C. J. But did Mr. Tindal do nothing upon that Oath that was made Mr. Bol. Yes he did make out his Warrant for the apprehending of one L. C. J. Did he not make out a Warrant for the apprehending of Sir Thomas Gascoyne Mr. Bol. My Lord I â—…hink they would have done it but I desired I might come to the Council Mr. Just. Pembert How long after came you there Mr. Bol. As soon as I could get
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 â—…im an ill â—…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 â—…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. Gaâ—… 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 abaâ—… 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 proâ—…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 kâ—…ew was it Hamsworth Yes and she said she did not know any thing of Misdemeaâ—…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
beyond Sea at Paris she saies Mr. Att. Gen. My Lord I am willing he should have as long time as the Term will allow of But sure that is long enough to get any Witnesses from Paris L. C. J. What say you to Sir Miles Stapleton I see he is joyned in the Indictment Mr. Att. Gen. My Lord he is not come up yet L. C. J. Will you trie the one without the other Mr. Att. Gen. Yes my Lord if we cannot have both He is in the hands of the Messenger at York We have writ down to know the state of his health to some of the Justices of the Peace and the Messenger returns word he is sick and can't come I have sent down an Habeas Corpus to the Messenger to bring him up let him return a Languidus at his peril that 's all I can do L. Chief Just. Well what day do you appoint for Sir Thomas his Trial Mr. Att. Gen. Tuesday come fortnight I think will be a good day Mr. Justice Dolben By that time Mistris you may get your Witnesses you must send a Messenger on purpose Mrs. Ravenscroft But if the wind should be contrarie my Lord and they cannot be brought over Mr. Justice Dolben 'T is not an usual thing to have the winds long contrarie between Dover and Caliâ—…e Mrs. Ravenscroft But if it do fall out that he wants a material Witness at his Trial I hope his life will be considered Mr. Justice Dolben He should have had them readie he had warning before Mrs. Ravenscroft We cou'd do it no sooner because we knew not where they were Mr. Justice Dolben He saith he hath a great many Witnesses are they all at Paris Mr. Att. Gen. There are a great many in Town we know alreadie Mrs. Ravenscroft If we had known when exactly we might have been more readie perhaps Mr. Att. Gen. But we could give no notice sooner it is early in the Term now But there is time enough to get any Witnesses L. C. J. Aye you may send to Paris a great many times between this and that Mrs. Ravenscroft What if the Letter miscarry my Lord Mr. Justice Dolben Why you must send a special Messenger Mr. Att. Gen. My Lord if you please let it be Wednesday fortnight the last day but one of the Term because I would give him as much time to provide himself as I can Mr. Justice Pemberton Well Mistriss you must send a special Messenger we must not consult your conveniencie do it as well as you can you have time enough Mr. Justice Dolben Your Grandfather is a man of an Estate he may very well in this Case be at the charge of a special Messenger Mrs. Ravenscroft But what if the winds be contrarie must my Grandfather's life be lost L. Chief Justice We must give you that favour we can by Law and you must be content Tell us at the Trial what you have done Then the Lieutenant of the Tower was ordered to take the Prisoner back and by rule to bring him to the Bar on Wednesday the 11th of February On which day the Prisoner being brought up the Tryal proceeded thus Mr. Att. Gen. My Lord here is an extraordinarie matter Sir Thomas Gascoigne had a Rule for some friend to assist him by reason of the defect of his hearing and now there are three of them that are got among the Jurie L. C. J. No no they must come in of the inside of the Bar. Mr. Att. Gen. Pray let him tell which he will make choice of for he is by the Rule to have but one Mr. Justice Pemâ—…on Tell him there can but one stay Counsel He saies one of them came out of the Countrie and knows the persons that are the Witnesses which he does not himself L. Chief Justice Well let the other come in let him have them both Counsel He saies the principal man he depended upon is clapt up L. C. J. Well we can't help that Then way was made for the Jury to come up to the Stand and Proclamation for Information was made in usual manner Clerk of Court Sir Thomas Gascoign hold up thy hand Sir T. Gasc I cannot hear what is said Clerk of Crown Those good men which were lately called and have appeared are to pass c. L. C. J. Tell him the effect of it If he will make any Challenges to the Jurie he must speak before they are sworn Hobart If you will challenge any of the Jury you must speak to them before they are sworn Sir T. Gasc I cannot hear who is called L. C. J. Tell him who is called Clerk of Crown Sir Thomas Hodson Hobart This is Sir Thomas Hodson Sir Sir T. Gasc What must I say Aye or No Hobart Do you except against him Sir T. Gasc No. Who was sworn Clerk of Crown Richard Beaumont Esq Hobart Do you challenge him Sir Sir T. Gasc No. Mr. Att. Gen. Pray my Lord here is Sir John Cutler in the Pannel one that lives in Town and is the Fore-man of the Jurie I desire the Court to take notice of his not appearing in particular Clerk of Crown John Gibson Esq The Prisoâ—…er challenged him Mr. Serj. Maynard I perceive they skip a great many pray call them as they are in the Pannel and record their Non-appearance in Court Which was done accordingly but their Names that did not appear for brevitie sake are omitted Clerk of Crown Nicholas Maleverer Esq Mr. Att. Gen. We challenge him for the King I perceive the best Gentlemen stay at home Mr. Serj. Maynard Yes 't is so small a business Clerk of Crown Beckwith Esq Challenged by the Prisoner Stephen Wilks Esq Sworn Matthew Prince Esq Challenged by the Prisoner Thomas Graver Esq Challenged by him Jervas Rockley Esq Sworn William Walker Esq Challenged by the Prisoner John Diâ—…mocke Esq Challenged by him Samuâ—…l Jenkinson Esq Challenged by him Robert Leeke Esq Sworn William Batt Esq Sworn Richard Burton Esq Challenged by the Prisoner Robert Auby Esq Challenged by him Charles Best Esq Sworn Robert Long Esq Challenged by the Prisoner John Crosse Esq Sworn Barton Allett Esq Sworn William Milner Esq Sworn John Oxley Esq Sworn Francis Oxley Esq Sworn Clerk of the Crown Cryer count these Sir Thomas Hodsen Jur. Charles Best Richard Beaumont John Crosse Stephen Wilks Barton Allett Jervas Rockley William Milner Robert Leeke John Oxley and William Batt Francis Oxley Cryer Twelve good men and true stand together and hear your Evidence Clerk of the Crown Sir Thomas Gascoigne hold up thy hand Gentlemen you of the Jurie that are sworn look upon the Prisoner and hearken to his Charge You shall understand that he stands indicted by the name of Sir Thomas Gascoigne late of the Parish of Elmet c. Prout in the Indictment mutatis mutandis Upon this Indictment he hath been arraigned and thereunto pleaded Not guiltie and for his Trial hath put himself upon his Countrie which Countrie you are c Then Proclamation for
mind but said I I can't believe that any one will presume to carry such a Letter but for that I will leave it to you So I came away from him and after he follows me out and desires to speak with me again said he I have something against you concerning this business in hand I can do you a prejudice if I will Said I God bless me I know nothing of it I do not at all intend to court your Favour I have no mind at all to that Said he I will not do it and he spoke as if he had no desire to do it I would not court him but came away and left him he followed me to the Street again and said Will you help to apprehend a Traytor who is it said I It is a Gentlewoman said he a Woman greatly concerned in the Plot you may apprehend her in the Street and 't is the best time Now the Street was full and I thought it a little unseasonable so he looked after me but I never offered to go from him but said I was she in the Plot yes said he she was to be the first Lady Mayoress oâ—… York after the Plot took effect and the King was killed but he did not lay hold upon her So I parted with her then said he I can have no respect said I I have nothing to do with you I am Clerk of the Peace of the West Riding in this County and am always ready to do my Duty there So away I went and left him The next news I heard was he had procured a Warrant of the Council against me and he brings the Warrant to a Justice of Peace and that Justice of Peace told him there would be several Justices of Peace at Leeds within two or three days after and then they would examine the Business I chanced to be in a Room with some Gentlemen not knowing of the Warrant that was out against me and this Gentleman that was the Justice of Peace called me into another Room and told me of this business admired at it and told him I did know nothing of it nor that I had disobliged him unless it was because I did not give him the Complement and Ceremony of my Hat nor give him Money neither did I know what Information he had procured that Warrant upon He told me Mr. Mowbray and Mr. Bolron were in Town So I desired him to send for the other Justices into the Room where he acquainted them with the matter and said he if you will we will examine it to night so they sent notice to Mr. Mowbray and Mr. Bolron that they would examine the Business that night at 6 a clock and they came and he was asked what he had to say against me He said I had taken Money for keeping a Man from taking the Oath of Allegience and they had Witnesses to prove it Mr. Serj. Maynard Must he be here admitted to make his own defence Mr. Just. Dolben Brother let him go on Mr. Pebles The Witness was call'd upon and they asked him to that point and he denyed absolutely upon his Oath that he gave me any Money and also swore he had taken the Oath when it was tendred to him Then my Lord there was one Mr. Dunford an Attorney was spoken of as if he could prove something but he was 14 Miles off and they could not send for him and so I begg'd they would appoint another time for hearing when he could be there they appointed Munday following and ordered me to attend and one of the Justices of the Peace undertook to give Dunford notice Accordingly I came there but there was no Mr. Bolron nor Mr. Mowbray but I desired that Mr. Dunford might be examined upon his Oath and they did take his Information in writing and he swore he knew nothing of it neither did he ever give me Money upon any such accompt Mr. Just. Dolben You were not by when it was sworn Mr. Pebles I saw the Examination taken in Writing Mr. Just. Pemberton And you were discharged Mr. Pebles Yes for he could not make out any thing at all Mr. Just. Pemberton It was well for you he could not make it out M. Pebles They said they could prove it and vouched these two persons but both denied it upon their Oaths Mr. Just. Dolben Is that all you know Mr. Pebles That is all I can say in particular I have not a mind to speak against him in general because he is the King's Evidence Mr. Just. Dolben You can say nothing of his Repute Mr. Just. Pemberton You were a stranger to him you did not know him Sir Tho. Gascoyn I desire he may speak what Reputation he hath among the Justices Mr. Pebles I have no mind to reflect on the King's Evidence and if I did it would seem as if I should speak in malice he hath done me wrong but I never did him any Mr. Just. Jones But what is his Reputation generally Mr. Pebles Truly 't is not very good in the Country Mr. Just. Jones Among whom Mr. Pebles The Grand Jury and the Gentlemen of the Country Mr. Just. Jones Is it a Common Fame in the Country Mr. Pebles Most people discourse ill of him Mr. Just. Dolben Did he say he did not speak with the Judges Mr. Bolron No my Lord I did not Mr. Just. Dolben You did speak with us indeed you would have had us allowed you a Guard for your safety which we could not do Mr. Bolron Whereas he says I gave in a wrong Information this same Hunt when he came before them confessed he gave him 40 s. but he would not swear for what it was Mr. Serg. Maynard 'T is nothing to the purpose one thing or other that he hath said Mr. Just. Dolben 'T is altogether uncertain no body knows what to make of it Then Hardwicke was called Sr. Tho. Gascoyne Do you speak what Threats Bolron hath used to his Wife to swear against me Hardwicke When the Pursivants came up to Barmbow the Chief Constable ordered me to assist Mr. Bolron in Execution of the Warrant and to carry the Witnesses before a Justice We went to Robert Bolron's house to take the Witnesses and there was his Wife his Brother and his Sister We were to carry them before a Justice and they refused to go his Wife pretended to be Sick and could not go and they begg'd of us to excuse them Mr. Just. Dolben Who do you call they Hardwicke His Wife his Brother and his Sister Bolron told them they must go and William Backhouse and I ordered them by all means to go along with us I suppose it was to Testifie what he had sworn Mr. Just. Jones What were they to do did he tell them Hardwicke They were to go to tell what his Testimony was above as well as I understood the discourse Mr. Just. Dolben We have had two persons to this purpose before They say he would have his Wife go and she refused