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kingdom_n	king_n	lord_n	subvert_v	2,748	5	13.0585	5	true

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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

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. J●…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

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

does behave himself under that prosecution all that he hath he is willing to part with for payment of his Debt he makes over his Estate for satisfaction and security and does as much as an honest man can do all he hath shall lie at stake and as for Sir Thomas Gascoyne himself he had no such Opinion of him in poin●… of dishonesty for he declared he lived in his service without exception and said before the Council he knew nothing of dishonesty by him but only this Information and now he found him to be what he always thought a great fool Now whether he thought him a fool for telling this story or what else you may explain the meaning of his Expression But as for any thing of dishonesty there is nothing against Mr. Bolron He was in Debt 't is true but what he had lay at stake for the payment of it and as far as it would go Sir Thomas might take it but that for malice he should come to swear against him there is nothing clearly made out One Witness says indeed that he should say Does Sir Thomas Gascoyne intend to sue me then I will do what I did not intend to do whether that be a speech of malice or no or rather does confirm the truth of his Evidence is left to your Consideration It shews rather there was something that he had in his power to do before any prosecution from Sir Tho. Gascoyne or any occasion of his malice against him It hath not the necessary import of a malicious speech that he did intend not to do such a thing and because he was sued did do it that therefore is only malice and no truth For the other matter that is said against him that he should endeavour to suborn his Wife to swear falsly that was by no means fully proved but rather that matter hath been sufficiently cleared that though she said she knew nothing yet he would have her go though she said nothing and you hear what the Evidence hath been for Mr. Bolron that he never did press her to swear falsly nor threaten her if she would not but only desired her to declare her knowledge if she knew anything the truth and nothing but the truth These are all the Objections made against the credit of the Witnesses and I think if their credit do stand you cannot have a clearer Evidence to convict any one than hath been given you to day but that we leave to you and submit these Objections whether they have any weight in them and whether they have not been fully answered Mr. Serg. Maynard And our Evidence is given in all upon Oath and their's is not Mr. Just. Jones Gentlemen you of the Jury the Prisoner at the B●… stands indicted for High Treason and for High Treason of the highest nature for Conspiring to take away the Life of the King and for endeavouring to Change the Religion the Protestant Religion into Popery that is contriving to Extirpate the Religion of Protestantism here and introduce Popery instead of it and certainly greater Crimes than these no man can be accused of There have been produced on the behalf of the King two Witnesses Mr. Bolron and Mr. Mowbray both of them servants to Sir Thomas Gascoyne the Prisoner and therefore might very possibly and probably enough be privy to all they have said andtestified in this case It does appear by them both that Sir Thomas Gascoyne was a very early man in the Plot if they say true We heard nothing of it till the long Vacation 78 but it seems Sir Thomas Gascoyne was a Plotter and Conspirator in the year 75 or 76 And that he might be able to do this somewhat more safely he contrives how he might convey away his Estate to prevent the forfeiture and he makes an Assurance of it to Sir William Ingleby colourably as the Witnesses swear for 1000 l. And it does appear likewise as to the Introduction of the Popish Religion here they began to settle a Nunnery and it was fit to do so against England should be converted First in such a place but if it happened England were converted then to be removed to another place There was at this Nunnery appointed an Abbess an assistant and several Nuns and Sir Thomas Gascoyne so well knew of this that one of them that was appointed to be a Nun at the time of her taking Horse he said to her there goes an old maid and a young Nun. And there are Letters come from that very Nunnery and from the Priest that was appointed to attend them as Confessor which have been read to you and there is another preparation thought necessary to introduce this Plot and that is that all Papists might be seduced into an Opinion that it was a dangerous thing to take the Oath of Allegiance and that it was a dam●…able 〈◊〉 For this purpose Letters came from the Doctors at Sorbonne and they determine it to be so lest any man of that Religion should be so good a Subject as to profess Obedience to the King in Temporals Then the Plot goes on between Sir Miles Stapleton Sir Francis Hungate Sir Charles Vavaser Sir Thomas Gascoyne Mr. Gascoyne Middleton Rushton my Lady Tempest and a great Company more all met together and consulting in Sir Thomas Gascoyne's house in his great Room his old Dining Room to this purpose not only to bring in their Religion but kill the King expresly so says the Witness I think they had often talked of it before the Witness in the Priests Chamber for he being then a Papist was privy to his Masters design and the rest of the Confederates for killing the King which was the only thing they desired to effect as the best way to bring in their Religion and there was great reason to do it they said too for the King had not kept his word with them when he was in his Exile for they said he had promised if he was restored to his Kingdoms he would restore the Pepish Religion but now he was returned and had broke his promise and nothing more was to be done the Pope having declared him an Heretick but to destroy him and this was that which was agreed among them The 30 th of May last after diverse other Consults had about it the Priest Rushton being at Sir Thomas Gascoynes house Bolron is desired to go into the Gallery and there presently comes in Rushton Sir Thomas's Priest Bolron acquaints him that he had been at the Sessions and taken the Oath of Allegiance assoon as ever he heard it he cries out he had committed a damnable sin he must of necessity renounce it and repent of it and he could give him a Pardon for he had an extraordinary power more authority than others he could give him Absolution if he did repent of it and that no Catholick must by any means take the Oath A while after they had a discourse concerning killing the King and the