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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
should be canonized for a ●…aint when he died Mr. Bol. Yes my Lord. L. Ch. Just. Well go on then Mr. Bol. My Lord about March last to the best of my remembrance Sir Thomas Gascoyne and Esquire Gascoyne being in their Chamber together I was reading a Book called The Lives of the Saints and Esq Gascoyne told Sir Thomas that he had been before the Justices of the Peace and they had given to him and Mr. Middleton license to go up to London which mentioned that in consideration that there was a Suit in Law between James Nelthorp Esquire and Sir Thomas Gascoyne therefore it permitted the said Thomas Gascoyne Esq and his Man to travel peaceably to London And I did hear the other Copy read of Mr. Middletons license to travel into the South and for his occasion into the South parts was pretended to receive some Rents there But I did hear Esq Gascoyne say to Sir Thomas that he was resolved as soon as he came to London and had done with Mr. Nelthorp that he would fly into France so would cheat the Justices for he was resolved not to come back to york-shire again but he would commit the design in agitation into such hands as would do it and would not fail but he would not stay to see execution L. Chief Just. You heard him say so Mr. Bol. Yes I did L. Chief Just. What said Sir Thomas Mr. Bol. He commended his Sons and Mr. Middleton's Resolutions L. Chief Just. What Room was it in Mr. Bol. It was in Sir Thomas own Chamber L. Chief Just. Was there any Rooms near it Mr. Bol. None that they could hear in unless in the Chamber within I don't know whether any one was there or no. L. Chief Just. Could they hear in no Room that was near to them Mr. Bol. Yes in the Chamber within L. Chief Just. Was there no Servant there Mr. Bol. Not as I know L. Chief Just. My reason is because he must speak very loud to make his Father hear him Mr. Bol. Yes he did for I heard him in the Chamber Window that I stood in against them they were are a little way off me L. Chief Just. Because if any of the Servants were near methinks they must needs be very Cautious how they spoke so loud to make Sir Thomas Gascoyne hear Mr. Bol. My Lord he was not so deaf then as they say he is and he seems to be now And Esq Gascoyne also because he would be sure there should no damage come to him caused all his goods to be sold off his ground and Mr. Middleton sold his very houshold goods L. Chief Just. He is a Papist too is he not Mr. Bol. Yes he is so L. Chief Just. Was not he at the meeting with Sir Miles Stapleton Mr. Bol. Yes Mr. Middleton was one L. Chief Just. You did not name him before Mr. Just. Pember But he said a great many were there besides those he named Mr. Just. Dol. Yes he did so Well go on Sir Mr. Bol. My Lord last 30th of May the day after Holy Thursday as I remember being in Sir Thomas Gascoynes own Chamber Sir Thomas Gascoyne bid me go into the Gallery next to the Priests Lodgings and after a little time one William Rushton my Confessor came to me and asked me if I was at the last Pontefret Sessions I told him yes and that I had taken the Oath of Allegiance as others had done whereupon the said ●…on told me that I and all the others were damned for so doing if we kept the same Therefore he bid me be sure to come next Sunday to have absolution from him for it was a damnable sin to take that Oath and he told me he had power from the Pope to absolve me and he added that few Priests had that Power that he had L. Chief Just. Did he make you confess that as a sin to him Mr. Bol. No my Lord for I did make the discovery soon after 〈◊〉 〈◊〉 Just. When was it you first turned Protestant Mr. Bol. In June my Lord after that L. Chief Just. Then you were not a Protestant at that time Mr. Bol. No my Lord. L. Chief Just. Where you a Pap●…t when you took the Oath of Allegiance Mr. Bol. Yes my Lord I was L. Chief Just. Why would not you then go and be absolved according as your Priest bid you Mr. Bol. I thought I had done nothing that was evil because several had taken the Oath with me as you shall hear afterward L. Chief Just. Well go on Mr. Bol. I told him that several others had done as well as I that were Papists and they judged it lawful whereupon he said Away and told me I was a fool and knew not how to judge of an Oath L. Chief Just. So you were satisfied the Papists might take the Oath Mr. Bol. My Lord I told him I thought it was no sin to take that Oath because it was an Oath only to be true to my King and to my Country and I told him that Mr. Ellis Priest to Mr. Vauasor had written comentaries upon the Oath and justified the taking of it Said he again Mr. Ellis was a fool and his Superiors will call him to an accompt and check him for his paines But said he by taking the Oath you have denyed the power of the Pope to absolve you from it but I tell you he hath a power to depose the King and had done it and said he you will merit heaven if you will kill him L. Chief Just. Who spoke to you Mr. Bol. Rushton my Lord said it was a meritorious Act to kill the King L. Chief Just. But did Sir Thomas Gascoyne or any of the Company wish you to do that thing Mr. Bol. Not at that meeting but afterwards Sir Thomas did my Lord if you will give me leave to go on L. Chief Just. What did he say Mr. Bol. He told me he would assist me in the Act. L. Chief Just. Who Mr. Bol. Rushton did And he told me the Pope had granted him the power that I should have the benefit of absolution if I would do it I desired him not to perswade me to do such a thing for I would have no hand in it then he quoted a certain place of Scripture to me which was thou shalt bind their Kings in Fetters and their Princes in Chaines Whereupon he concluded and made this exposition that the Pope had deposed the King and absolved all his Subjects and it was a meritorious Act to kill the King And that unless the King would turn Roman Catholick the Pope would give away his Kingdomes to another L. Chief Just. Well go on Mr. Bol. Then I told him I would have no hand in that Act and deed whereupon he answered me again you may hang me if you please for speaking these words No Sir said I I will do you no injury if you do your self none So he ●…id me consider what he said and
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 o●… 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