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
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
You say he said I will return 3000 l. to the Jesuits in London did he say in what time he would send that 3000 l. Mr. Bolron No but in 76 he said he would do it L. C. J. And it should be employed for carrying on of the designe Mr. Bolron Yes those were the words L. C. J. And in 77 you heard him talk with 〈◊〉 again and then he said if it had been a thousand times as much he would have sent it Mr. Bolron Yes L. C. J. Was no body there but he Sir Thomas Gascoyne and you Mr. Bolron No body else L. C. J. Then go on now with your Evidence Mr. Bolron My Lord in the year 77 several Gentlemen did meet and assemble together at Barnbow-hall in the County oâ—… â—…ork Sir Thomas Gascoyne's house and their resolution was this That they would build a Nunnery at Dolebank in case that their designe and Plot of killing the King should take effect and the Roman Catholick Religion be established in England upon which account the Company there present did resolve they would lose their Lives and Estates to further it And Sir Thomas Gascoyne did conclude he would give 90 l. a year for ever for the maintenance of this Nunnery upon which they all agreed that after his death he should be canonized a Saint L. C. J. Who were these Gentlemen Mr. Bolron Sir Miles Stapleton Charles Ingleby Esquire Gascoyne my Lady Tempest Thomas Thwing Sir Walter Vavasor Sir Francis Hungatt and Robert Killinbeck a Jesuit and William Rushton a Romish Priest Mr. Justice Pemberton Is he dead Mr. Bolron No he is fled beyond Sea L. C. J. Who else Mr. Bolron These are the persons I can remember at present L. C. J. There was a woman there you say Mr. Bolron My Lady Tempest my Lord and one William Rushton if you had not him before Mr. Justice Dolben That was your Confessor Mr. Bolron Yes and engaged me in the Plot. Mr. Justice Pemberton What was your discourse pray tell that Mr. Bolron The discourse was upon establishing a Nunnery at Dolebank in hopes that the Plot of killing the King would take effect the intention was to alter the Government and introduce the Romish Religion L. C. J. Who was it said this Mr. Bolron It was spoken by Sir Thomas Gascoyne and the rest of the Gentlemen L. C. J. In their discourse Mr. Bolron Yes L. C. J. Did they speak of killing the King Mr. Bolron Yes my Lord Sir Francis Hungatt said it several times L. C. J. How upon what account Mr. Bolron They were mutually resolved and they would talk that they would venture their Lives and Estates in hopes the Plot would take effect and accordingly about Michaelmas 1677 or near upon as I remember L. C. J. How long staid they there Mr. Bolron About six or seven hours L. C. J. Were you with them in the Room still Mr. Bolron My Lord I was sometimes in the Room and sometimes out What discourse I heard I tell you there was one Barloe L. C. J. What was that Barloe Mr. Bolron I have had two Orders of Council for the seizing of him and never could take him he is a Priest L. C. J. Was he by Mr. Bolron He went with them to take possession of the Nunnery L. C. J. Was he not in the house Mr. Bolron No not in the Room at that time L. C. J. Was there any servant by in the Room when this discourse was Mr. Bolron No. L. C. J. Well go on Mr. Bolron Accordingly Sir Tho. Gascoyne did erect a Nunnery about the year 77 at Dolebank L. C. J. What built it Mr. Bolron He established it L. C. J. Who were the Nuns Mr. Bolron Mrs. Lashalls was Lady Abbess Mrs. Beckwith and Mrs. Benningfield were her Assistants Ellen Thwing Eliz. Butcher and others were Nuns according as I heard Sir Tho. Gascoyne say And when they went by Sir Tho. Gascoyne when one Mary Root was taking horse Sir Tho. Gascoyne said of her There goes an old Maid and a young Nun. L. C. J. Whither were they going then Mr. Bolron To take possession of the Nunnery L. C. J. Was it a new-built house Mr. Bolron They called it a Nunnery in hopes their Plot would take effect L. C. J. Was it an old or new-built house Mr. Bolron Nay I never saw it L. C. J. Where abouts was this house Mr. Bolron It was neer Ripley L. C. J. What was that Ripley his house Mr. Bolron No his house is at Barmbow L. C. J. Who did it belong to Mr. Bolron They went thither till the business was done and that was onely till the King was killed and afterwards they resolved to reside at Heworth L. C. J. How long staid they there Mr. Bolron They lived in this place neer a year and an half L. C. J. Till the Plot was discovered Mr. Bolron Yes Mr. Justice Jones How do you know they lived there Mr. Bolron I have seen several times Letters come from their hands Mr. Justice Jones How do you know they came from thence Mr. Bolron The Letters were dated from Dolebank L. C. J. Did he let them lie open Mr. Bolron Sometimes he did L. C. J. What was in them Mr. Bolron I don't know any of the Particulars there was no great matter in them L. Ch. Just. Who writ them Mr. Bol The name that I saw was Pracid or from Mrs. Lashals Mr. Attor Gen. They or some of them L. Ch. Just. You do not know whose House it was Mr. Bol. No my Lord not I. L. Ch. Just. Where is Heworth Hall Mr. Bol. Heworth Hall is about half a mile off of York Mr. Just. Dolben Does not that belong to one Mr. Dawson Mr. Bol. It did but it was bought of him Mr. Attor Gen. What other place did you hear him mention Mr. Bol. Broughton my Lord but I never knew that any were there L. Ch. Just. Nor at Heworth Hall Mr. Bol. Yes my Lord sometimes one and sometimes the other some of them came to Heworth Hall and some to Dolebank but Dolebank was the place they did generally reside at And then Sir Thomas did establish ninety pounds a year which was purchased of Mr. Timothy Malevorer and Alver Aloâ—…tus enjoyes it L. Ch. Just. How much was it Mr. Bol. Ninety pounds a year L. Ch. Just. Where does it â—…e Mr. Bol. It lies at a place called Mawson near Sir Tho. Gascoynes house L. Ch. Just. Did he say he had sealed such a Conveyance Mr. Just. Dolben I suppose he bought it of Dawson Mr. Bol. He bought it of Maleverer L. Ch. Just. Is Maleverer a Protestant Mr. Bol. Yes my Lord. L. Ch. Just. Where is he Mr. Bol. I can't tell Mr. Just. Jones You did not see the Conveyance of it your self sealed Mr. Bol. No I refer to their words for that Mr. Just. Jones To what purpose was it bought Mr. Bol. To establish a Nunnery Mr. Just. Pemberton And they told him he
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
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 â—…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 calâ—…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 shaâ—… be bestowed at Heworth or some other place in Yorkshire Your Lâ—…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 â—…ill proâ—… that this very place that they speak of was 〈◊〉 for this 〈◊〉 and so it appears by the Papers taken in Sir Thomaâ—… 〈◊〉 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 abâ—…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
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.
should be canonized for a â—…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 â—…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 Papâ—…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 â—…id me consider what he said and
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
ready L. C. J. What time came you thither Mr. Bol. My Lord I sent out upon Monday and came hither to London upon Wednesday L. C. J. Do you know what moneth it was in Mr. Bol. In Iune it was I think L. C. J. And who did you come and apply yourself to in London when you came there Mr. Bol. My Lord I had a Letter directed from Mr. Justice Tindal to his brother Tindal in London to carry me to the Council I chanced to lose this Letter at Ware and losing it there I came to the green Dragon in Bishopsgate Street I was acquainted with the Man of the House and having told him some of my business he carryed me before Sir Robert Ctayton and than we went to my Lord of Shaftsbury President of the Council and presently got an Order of the Council about me L. C. J. How long was this after Dr. Oates discovery when did Oates and Beâ—…oe make their discovery Mr. Just. Pembert This was a long time after in May last Mr. Just. Jones Did Mr. Tindal take your Examination in Writing Mr. Bol. He took a short thing in Writing Mr. Just. Jones Did you set your hand to it Mr. Just. Pembert He resolved to go to the Council and tell them Mr. Bol. â—… was not willing to tell the Justices all for I had a mind to go to the Council Mr. Just. Jones But you told them the great matter of all Sir Thonas's proffer to give you 1000 l. to kill the King Mr. Bol. Yes Mr. Just. Jones Had you a Lease of your Farm under Sir Thomas Gascoyne Mr. Bol. It was but a Lease parol Mr. Just. Jones For how long Mr. Bol. For nine years Mr. Babbington May I have leave to ask him any Questions Court Yes yes you may Mr. Babbing You say you had a Leafe of the Farm a Lease parol Mr. Bol. Yes I had so Mr. Ser. Mayn Council must not be allowed in matter of fact my Lord. L. Chief Just. But Brother this man hath made a long Narrative Mr. Ser. Mayn Ay and a shrew'd one too L. Chief Just. His Evidence is very great and Sir Thomas Gascoyne does not hear any one word Mr. Bol. One thing more I would speak to It was in September 1678 a little before the discovery of the Plot I did hear Sir Thomas Gascoyne say and tell my â—…ady Tempest that he would send 150 l. to Dolebanke in hopes the blow would be given shortly Mr. Ser. Mayn That is the same word used by all the Wittnesses L. Chief Just. When was this Mr. Bol. In September 78 the Plot was not known by us to be discovered then as I know of L. Chief Just. Who did he speak it to Mr. Bol. To his Daughter the Lady Tempest L. Chief Just. What said she Mr. Bol. She seemed to like it very well I did not hear any thing to the contrary And I heard a Letter read afterwards from Cornwallis that he had received it but it was too little for the carrying on so great a designe L. Chief Just. Who is Cornwallis Mr. Bol. And it was for the arming the poor Catholicks when the blow should be given L. Chief Just. Is his Daughter living Mr. Attorn Gen. Yes she is out under bayle Mr. Recor. My Lord I shall desire to ask but one Question which concerns the Prisoners at the Bar. How long after the discourse that you had with the Priest in the Gallery was it that Sir Thomas Gascoyne spoke to you of the same thing Mr. Just. Pem. Mr Recorder if you ask him but one Question let it not be that which he hath answered before he says the same day Mr. Hob. I desire to ask him one Question Mr. Just. Pem. No tell Sir Thomas first what he hath said and see if he will ask any Questions Mr. Hob. Sir Thomas here is Mr Bolron hath given Evidence against you will you ask him any Questions Mr. Just. Pem. Read your Minutes to him Then Mr. Hobart repeated the first part about his coming to Sir Thomas Gascoyne's service and the Colliery Conveyance Mr. Just. Joâ—… Ask him if he will ask any Questions upon this part which he did Sir Tho. Gas No t is no great matter at all for it is true when t was I can't tell there was something I did seal to Sir William Ingleby and some mony I had of him Then Mr. Hobart repeated his saying to Metcalf he woâ—…ld send 3000. l. to the Priests in 76 Sir Tho. Gas How comes that I deny that utterly Mr. Bol. T is all true that I have said by the Oath that I have taken Sir Tho. Gas There is no such thing at all Mr. Hob. He says it was returned by Mr Phisick Sir Tho. Gas Phisick was a Servant to me and he returned some money â—…or me sometimes but it was all for my Children my Sons and my Daughters and my Kinspeople to whom I paid Annuities but 't is a far greater sum n the whole than 3000 l. and for one great sum of 1000 l. you know how it was disposed of Mr. Hob. He says that in the beginning of 77 you said you had returned this 3000 l. to London and if you had 1000 times as much you would give it for so good a Cause Sir Tho. Gase I never said any such thing never thought of any such thing in my Life L. Ch. Just. Now tell him of the meeting at Barmbow Mr. Hob. He says in the year 77 there were seyeral Gentlemen met at your house at Barmbow L. Ch. Just. Name them which he did Mr. Hob. These were all together with you Sir Tho. Gasc No such matter at all Mr. Hob. And he says all these persons did discourse with you about the establishing a Nunnery at Dolebanke and another at Heworth and another at Braughton Sir Tho. Gasâ—… Not one word of all this is true L. Ch. Just. Tell him what he said concerning killing the King Mr. Hob. He says that the Nunnery was established at Dolebanke and such and such were Nuns Sir Tho. Gasc He may say what he will but not one word of all this is true Mr. Just. Dolb. But you skip over the main thing what the Gentlemen resolved upon at that meeting Mr. Hob. He says these Gentlemen did resolve the business should go on for the killing of the King and that they would venture their Lives and Estates for it Sir Tho. Gasc I never heard of any such thing as killing the King Sir did I ever say any such thing Mr. Bolr. It was in your own dining Room and in your own Chamber Mr. Just. Pemb. He did not say so I think about their meeting L. Ch. Just. Yes he says they all met at his house and there they had discourse of killing the King In what Room was it Mr. Bolr. In the old Dining Room Sir Tho. Gasc I deny it utterly There was no such thing Some persons might be at several times at my house but no
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 Yâ—…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
turned Protestant Mr. Mowbray My Lord I was not in a condition to make any Friends or come up to London upon such an account besides my Lord they did threaten me and particularly after the Plot was come out Addison did threaten me L. C. J. But this was a great while before the Plot broke out Mr. Just. Dolben So long he continued a Papist and then he would not discover Mr. Mowbray This Addison was often with me and he flatter'd me and made me continue a Papist least I should discover it L. C. J. Where is he now Mr. Mowbray He is fled L. C. J. What said Addison when you did turn Protestant Mr. Mowbray He said if I did discover he would take away my Life L. C. J. I wonder they did not give you the Oath of Secresy Mr. Mowbray Yes my Lord I did receive it from Rushton's own hand L. C. J. When Mr. Mowbray In 76. L. C. J. Who receiv'd it with you Mr. Mowbray It was given to me after the Communicants were gone from the Chappel L. C. J. What was the Oath Mr. Mowbray He reserved the Sacrament for me and swore me by it that I should be faithful and secret and should not reveal any Discourse I was privy to L. C. J. Reveal no Discourse what Discourse did they mean Mr. Mowbray Those Discourses when the Priests were in private with him Then Sir Tho. Gascoyne's Almanack was produced Mr. Attorn Gen. Who proves Sir Thomas his hand Is this Sir Thomas Gascoyne's hand Bolron and Mowbray Yes it is his Hand L. C. J. Shew it him himself which was done Mr. Hobart Is that your hand Sir Tho. Gascoyne Yes I think I saw it at the Council Table this is my Writing and I will justifie every word that is written there Mr. Attor Gen. Read that one place Clerk The 15th to Peter for a 100. l. to Corker Mr. Attor Gen. If your Lordship please I desire he may be asked what that 100 l. was for Mr. Hobart Look you here Sir did you order 100 l. to be paid to Corker Sir Tho. Gascoyne It may be I did Mr. Hobart What was it for Sir Tho. Gascoyne For the Portion of a Child I had Mr. Hobart What Child was that Sir Tho. Gascoyne I know not who it was Mary Appleby I think Mr. Attor Gen. Pray ask him how it came to Corkers hands Why it was returned to Corker Sir Tho. Gascoyne I know not that because wee did not know where she liv'd she was beyond Sea Mr. Hobart Where is she Sir Tom. Gascoyne She is at Paris Mr. Attor Gen. Here is another Book of his that does make mention of 900 l. to Mr. Corker upon Agreement between them L. C. J. Ask him how much money he might return to Corker from time to time Which was done Sir Tho. Gascoyne My Lord I don't know we have been several years returning of money L. C. J. Hath he return'd 800 or 900 l. in all Sir Tho. Gascoyne No I don't think so much Mr. Attorn Gen. Pray ask him how much was Mrs. Appleby's Portion Sir Tho. Gascoyne Indeed I can't certainly say but as the Rents came in I was to pay several Sums to several Persons it was a 100 l. a year to that Mary Appleby it may be 2000 l. in all from first to last but I shall satisfie you about that Mr. Attor Gen. Will you satisfie us anon why 900 l. was paid in one year Then the Book was shewn to Sir Thomas who owned it to be his hand L. C. J. Read it Clerk Q. of Mr. Corker what Bills for how much and to whom directed he hath received of me since the 21th of July 1677. to June 1678. vid. the Book p. 45. and the great Book fol. 54. where you may find P. for 900. l. and agree in this Accompt Corker the 7th of August 1678. Mr. Attor Gen. First he makes a Quaere how much he returned and then says he the 7th of August I and Corker agreed L. C. J. Let him read it himself Which he did Mr. Hobart What say you to that that you sent so much Money to Corker Mr. Just. Pemberton You must understand he is one of the Priests and Bolron swears that he intended to send 2000. l. and by 300 l. a piece he reckons up 900. l. Sir Tho. Gascoyne It was a great many years and several times L. C. J. Tell him it was but between July 77. and June 78. Sir Tho. Gascoyne That does not appear Mr. Attor Gen. Yes it does by the Book Mr. Just. Dolben Then how came you to return 900. l. in one year to Corker Mr. Serj. Maynard And never had 200 l. he says together Mr. Attorn Gen. Then here is another Passage in this Book if it please your Lordship to have it read Clerk Take Heworth at an easie Rent of the Widow and purchase the Reversion of Craddock and in the Interim Dawson Mr. Just. Dolben Ask him what he did mean by taking of Heworth Sir Tho. Gascoyne I took no House there Mr. Just. Dolben But did he agree to buy the Reversion of it Sir Tho. Gascoyne It was for my Neece Thwing She was born in the house and was very desirous to be in the House Mr. Just. Dolben Ay! but why did he take the Lease of the Widow during her Joynture and why buy the Reversion Sir Tho. Gascoyne I know no Reason but my Affection to her Mr. Attor Gen. Ask him who he did intend should live in the House Sir Tho. Gascoyne Nay I don't know what they intended my Neece Thwing Mr. Just. Dolben Did you intend to buy it for yourself Sir Tho. Gascoyne No I lent her the Money Mr. Just. Dolben Did you intend it for her Sir Tho. Gascoyne I might do with it what I would Mr. Attor Gen. Ask him if his Neece Thwing was a single Woman and was to have the whole House to her felf Sir Tho. Gascoyne She had her Brother with her Mr. Hobart He sayes Mrs Ellen Thwing was a Nun Mrs. Lassels was to be Lady Abbess Mrs. Beckwith was her Assistant and Mrs. Cornwallis and others were Nuns L. C. J. Ask him if Mrs. Lassels was not to be Lady Abbess and live there Sir Tho. Gascoyne I know nothing of it Mr. Att. Gen. Ask him if there was not one Mrs. Benningfield to be there Sir Tho. Gascoyne No. Mr. Bolron Yes she was to be there Mr. Just. Jones Why do you know any thing of her Mr. Att. Gen. She is in York Gaol Mr. Bolron No she is gone from thence My Lord Ellen Thwing was a Nun and was sent for from beyond Sea to instruct all them that should be made Nuns and this Father Cornwallis was Father Confessor to the Nuns He is now in York Goal taken with two Women Mr. Just. Jones Ask him what he meant by that writing in the Almanack Sir Tho. Gascoyne I did write things here for a Memorandum to help and assist my Neece
be the effect of it what reason we have to rid our selves of these Priests One that dares write such a Letter and 't is found in Sir Thomas's Study Mr. Just. Pemberton And Sir Thomas's own hand on the back of it Mr. Serj. Maynard My Lord under Favour I do take it that the debauching of men in point of Conscience that they may not take the Oath of Allegiance is to set them loose from the Government and loose from the King and make them ready to arm when they have Opportunity Mr. Just. Pemberton No Doubt of it Brother L. C. J. All the Jesuits say they may not take it but some of the Sorbonists say they may Mr. Just. Pemberton But now you see they are against it L. C. J. Some will and some will not allow it Mr. Just. Jones They take or leave Oaths as it is convenient for them Then the Letter being shewn to Mr. Mowbray and the Indorsment acknowledged to be Sir Thomas's hand was read Clerk York Castle May the 24th Honoured and ever dearest Sir LOnger time having pass'd since your last writing it is fit to inform you how Gods holy Providence disposes concerning us All the Out-prisoners being call'd into the Castle as you may have heard Mrs. Hastings Room was needed and so she went into Castle-gate to reside at the former lodging of one Mrs. Wait who is now in the Jayl where she remains with Mrs. Wait's two children and their Maid-servant teaching the children as formerly also the Moor's Neece goes daily thither and Mrs. Hastings lives without charge as to Diet and Lodging as I formerly told you she spends all her time well God be praised and comes every morning about seven a clock to serve God at the Castle but I and two others are much abridg'd of that happiness by her Room being left by her here My liberty of going abroad is restrain'd with the rest none being as yet permitted the least since these last were forced to come in Madam was here the other day and seem'd somewhat timorous about Mrs. Hastings teaching but most in the Castle perswaded her that it was most commendable and most secure and so she rests satisfied Mrs. Cornwallis is recovered of her Ague God be blest she desires her dutiful respects may be alwayes presented unto you and intends her self to write to you Mrs. Wood and her Companion are well but dare not as yet walk in their own Garden All our now Prisoners are chearful and each of us comforted in hopes that God will make all Catholicks of one mind for I have a Letter from our Spr. at London who was the same day taken and carried to Prison wherein he declares alledging Authority That the pretended Oath of Allegiance cannot be taken as it is worded adding that three Brieves have formerly been sent from the Pope expresly prohibiting it and in the third it is declared damnable to take it And yesterday we had a Letter communicated amongst us sent by Mr. Middleton now at Paris to his Friends here containing the attestation of all the Sorbon Doctors against it adding that whosoever here in England give leave they deceive People and are contrary to the whole â—…atholick Church There was also a meeting some years ago of all the Superiours both Secular and Regular wherein it was unanimously declared that it could not be taken Mr. Hutchison alià s Berry who has lately printed a Pamphlet in defence of the Oaths has the other day declared himself Protestant at St. Margarets Westminster And so I rest Honoured Sir Your ever obliged J. P. Mr. Recorder That is all the other is private Mr. Att. Gen. If your Lordship please we shall now prove by some Witnesses That he hath returned great Sums of Money because he said he never had 200 l. together and for this we call Mr. Phiswick Who was sworn Come Sir were you a Servant to Sir Tho. Gascoyne Mr. Phiswick Yes Mr. Att. Gen. For how long time Mr. Phiswick For six years and upwards Mr. Att. Gen. In that six years time what Sums of money did you return to London Mr. Phiswick 'T is abstracted in a Note Mr. Att. Gen. Did you return all the Sums in that Note Mr. Phiswick I refer my self to my Almanack Mr. Att. Gen. Did you set down this Account Mr. Phiswick Yes Sir Mr. Att. Gen. Then thus Sir pray what comes it to Mr. Phiswick Those Sums do come to 6128 l. L. C. J. Whose money was that Mr. Phiswick Part of it was Sir Thomas's part his Soâ—…s and part my Lady Tempest 's L. C. J. Can you tell how much in any one year you returned upon the account of Sir Thomas Mr. Phiswick Not unless I had my Almanack L. C. J. It will be endless to look over the particulars Mr. Just. Pemberton Can you make any Estimate 〈◊〉 six years how much you returned for Sir Thomas himself Mr. Phiswick No not without my Almanack because I returned money for them all Mr. Att. Gen. My Lady Tempest and Mr. Gascoyne it hath been proved were in all the Discourses L. C. J. But that hath not any influence upon Sir Thomas Mr. Phiswick The Esquire lived much in London Mr. Just. Dolb. What Estate had he to live upon Mr. Phiswick Betwixt 4 and 500 l. a year Mr. Just. Pemb. What Estate had Sir Thomas besides Mr. Mowbray My Lord I believe it was 1600 l. a year besides what Mr. Gascoyne had Mr. Just. Dolb. And what had my Lady Tempest Mr. Phiswick Three hundred pound a year Mr. Just. Dolben But she lived in Yorkshire Mr. Phiswick Yes Mr. Just. Dolben So she needed little returns to London Mr. Just. Pemberton But admit they had returned all yet there was 300 l. a year to be returned for Sir Thomas Mr. Att. Gen. My Lord here is Mr. Mawson I think 2500 l. was received by him Mr. Phiswick I paid in the Countrey at Leeds money that he paid here in Town Mr. Att. Gen. Here is 25 l. paid to Harcourt I would ask him whether it were the same Harcourt that was executed Mr. Just. Pemberton I think that not material Mr. Att. Gen. My Lord if you please we will shew you the Examination taken before the Council that Sir Thomas did own this Bolron had bin his Servant and never unfaithful but always took him to be as he now found him a Fool. Mr. Just. Dolben If he object any thing it will come in properly by way of reply Mr. Att. Gen. Then now we have done till we hear what the Prisoner says to it L. C. J. Tell him they have done with their Evidence against him if he will have any Witnesses examined he must call them Mr. Hobert The Kings Evidence have bin all heard and said as much as they can the Court askes you if you would call any Witnesses or say any thing for your self have you any Witnesses here Sir Thomas Gascoyne Yes Mr. Hobart Name them Sir Mr. Just. Dolben Ask
what he will have done with them Mr. Just. Jones Let him tell us to what purpose he will call them Sir Thomas Gascoyne To Examine them to the credit and demeanour of these Men and that there is no probability in their suggestions Mr. Hobart Name them Sir Sir Tho. Gascoyne They are all in that Note Mr. Babbington was first Examined Mr. Just. Pemberton Ask Sir Thomas what he would have him asked Sir Tho. Gascoin Look you Sir what do you know concerning the difference between Mr. Bolron and I L. C. J. Well what say you to that Qâ—…estion Mr. Babbington My Lord I have not been imploied in Sir Thomas Gascoin's business before the last Winter Mr. Just. Dolbin What do you know then Mr. Babbington About Spring last Sir Thomas Gascoine was consulting with me about Money Bolron owed him upon two Bonds and gave me Directions to sue them And likewise he was giving me Directions to deliver Declarations in Ejectment for gaining the possession of his Farm because he did not pay his Rent L. C. J. How much were the Bonds for Mr. Babbington I have them here I think L. C. J. You need not look for them you may tell us the Sums Mr. Babbington The one is for Twenty eight pounds the other Twenty to the best of my remembrance Mr. Bolron having notice of this did desire he would accept of a Conveyance of an House he had at Newcastle for satisfaction of his Debt Sir Thomas was unwilling to accept of it but I did prevail with him to accept it not in Satisfaction but as an additional Security and the Deeds I have here that I drew for that end Mr. Just. Pemberton What time was this Mr. Babbington This was a little before last Trinity Term begun I have taken a Memorandum within a day or two if your Lordship will give me leave to look upon it Mr. Just. Dolben Have you not had all this time to get your Papers ready Mr. Babbington My Memory is very short indeed But now I see about the third or fourth of June Sir Thomas gave me orders to deliver Declarations in Ejectment Mr. Just. Dolben When did he first bid you question him for Monies upon the Bonds Mr. Babbington It was sometime in May. L. C. J. Did he tell you you must sue him Mr. Babbington Yes L. C. J. What tâ—…en did Bolron say Mr. Babbington Bolron did then desire that Sir Thomas would accept of Security out of his House at Newcastle Sir Thomas was very hard to be perswaded but at length I did prevail with him and I used this Argument That it was not to lend so much Money upon that Security but his Money was already out of his hands aâ—…d else desperate and this was a further security and that it would not lessen his other Security and upon these perswasions he did let me draw a Deed to that purpose L. C. J. Was this some tâ—…me in May Mr. Babbington This dâ—…course was in May. L. C. J. Are you sure of it Mr. 〈◊〉 The directions that I had for drawing the Deed was in June but the discourse with Sir Thomas was in May and I do perâ—…ectly remember it by a Circumstance which I shall tell your Lordship Aâ—…er the Deeds were drawn for drawing of which I had a Letter under Bâ—…lrons own hand and if occasion be I have the Letter here to produce I came from York having bin there and appointed a day for the Sealing of them I came to the House where Bolron lived and Sir Thomas met me and there â—… produced the Deeds and he of himself was very ready and willing to â—…he sealing of them but his Wife who was joyned in the Deeds wiâ—…â—…im would not by any means seal unless Sir Thomas would deliver up the Bonds he had taken for the Money but Sir Thomas did utterly refuse to deliver up the Bonds L. C. J. What time in June was this Mr. Babbington A little before Whitsontide L. C. J. What time was that Mr. Babbington That was the 14 th of June as I remember that I delivered the Declaration and that day before which was the 13 th to the best of my remembrance I had this Communication and discourse about Sealing the Writings which the Wife refused to joyn in but Sir Thomas would only take it as an additional Security refusing to deliver up the Bonds but he would suspend further prosecution and Bolron did then desire no longer time then a month for payment of the Money But his Wife tho she were urged to seal the Writings would not be perswaded but utterly denied it After we had spent a great deal of time there Bolron comes to me and desires me to come another time and he would perswade his Wife to seal the Deed nay said I 't is not fit for me to come up and down unless it be to some purpose and your Wife will Seal Will nay saies he I will force her to it My answer was this if you take these Courses Mr. Bolron I must by no means be concerned in the matter for your Wiâ—…e must pass a Fine and we must examine her â—…ecretly and if she tells me she does it by your Force I will not pass it if you would give me a 1000 l. After this about a fortnight he sent for me to come and his Wife would Seal L. C. J. By the way are you a Protestant Mr. Babbington Yes I am Sir L. C. J. And always was Mr. Babbington Yes Mr. Att. Gen. Yes he is an Attorney at large I know him very well Mr. Babbington This was a fortnight or three weeks after that the latter end of June he sent for me to his House and that his Wife would be contented to seal And this he desired might be done on the Tuesday which was Leeds Market-day and I could not go The next day I called upon him at Shippon-Hall he was then within aâ—…d desired me to go up to Barmbow to Sir Tho. Gascoyn's with him he said he should go within two or three days to Newcastle for he had a Chapman that would lay down the Money and take the security of the House and he desired he might have the liberty to go thither to treat about it I told him I did believe it would be no hard matter to perswade Sir Thomas to that for he would be very glad of it I went up with him to Barmbow and as we went along he asked me if Sir Thomas did intend to sue him upon his Bond I told him I had directions so to do He asked me likewise if he would turn him out of his Farm I told him Yes if he would not pay his Rent and the truth of it is he did then deny he had received the Declaration in Ejectment but my Man afterwards made his Affidavit of delivery and had Judgment upon it Afterwards I went up to Sir Thomas and told him what Bolron desired and he consented to it as readily
as it could be asked and in coming away he told Bolron that in the management of his Coalpits he did neglect very much and did go abroad staying away two or three days together To this Bolron made some excuse and said it was for collecting his Debts Said Sir Thomas I know not what you are about but if you do well for your self I am satisfied L. C. J. How long had he been from him and left his Service then Mr. Babbington I know not when he went but this was in June last After this we went back again and in coming back he was very inquisitive to the same purpose he was asking me L. C. J. You say he child him and told him he was not a good husband in his Coalery Mr. Babbington Yes and as we came back he was inquisitive whether Sir Tho. Gascoin would sue him and turn him out of his Farm I did then enter into the same expressions and told him if he did not pay he must be sued L. C. J. You told me Sir Thomas was agreed to stay so long when was this Mr. Babbington My Lord this was after we had parted with Sir Thomas L. C. J. After Sir Thomas had promâ—…ed him to sâ—…ay so long time then said he as you were coming home Do you think he will sue me and turn me out of my Farm Mr. Babbing Yes said I. Well said he Then by God I will do that which I did not intend to do What he meant by it I cannot tell but this was a little before he came to London which I judge to be the latter end of June and this is all I have to say Then Obadiah Moor was called Mr. Just. Jones Did you tell Sir Thomas Gascoyne what he said Then I will do what I never did intend to do Mr. Babbington I did never tell him my Lord for I look'd upon it as an idle expression And I will tell your Lordship why because this Man that is now to be examined did tell me how that he was bound for him and that Bolron to incourage him to be bound said You need not fear for if Sir Thomas sues me I will inform against him for keeping Priests in his House and I did look upon it as an idle expression Mr. Moor. My Lord in September last was 12 Month Mr. Bolron did desire me to be bound with him to Sir Tho. Gascoyn Said I I told him Mr. Bolron I have some small Acquaintance with you but I have no reason to be bound with you Said he Do not fear there is my Brother Baker and Stephen Thompson are to be bound as well as you Said he I will give you my Counter-security That signifies nothing said I. You need not fear any Suits said he for if Sir Thomas sues me I will inform against him for keeping Priests Said he When must this Money be paid Said he at Candlemas next So we went and were bound the one Bond was to be paid at Candlemas last and the other in August And after Candlemas he did not pay the Money and said I Mr. Bolron I don't like these Bonds you must make new Bonds for my security I was afraid of being sued and I desired Mr. Babbington to bring a Writ against him which he did and upon Holy-Thursday I had two Bayliffs ready to arrest him but he could not be found and I had two likewise the Saturday before at his Piâ—…s Presently after he came up to London and made an Information and on the 8 th of August last I met him in Ferry Bridg and he came along with me said he Mr. Moor you and I have often discoursed of Sir Tho. Gascoyn you may do me good if you do not pray do me no harm You have been often at his House With that I asked him if he was concerned in the Plot for said I you have been often telling me and sworn it and deny'd it utterly that he was no more concerned than any body else but I did but equivocate then for I was a Papist and if I had told a 1000 Lies or killed 20 Protestants our Priest would have forgiven me for it And so coming to Farnborn two Miles from Ferry-Bridge he plucked out 10 s. and said I have no more Mony in my Pocket but this but pray be kind and do me no harm for you know I have deni'd it all along Mr. Just. Jones Hath he done so Mr. Moor. Yes several times L. C. J. How came you to disourse with him and question him about it Mr. Moor. Because there was a general Discourse in the Contrey that there were few Papists but what were concerned and guilty of the Plot. L. C. J. When was that Discourse Mr. Moor. The latter end of September was 12 Month when the Plot ws first discovered And he said Sir Thomas was no more concerned than the Child that was to be born L. C. J. Had you any Discourse with him about May last Mr. Moor. No my Lord in August as I told you I had L. C. J. When was the last time that he told you Sir Thomas had not an hand in the Plot Mr. Moor. I can't certainly remember but I think it was in February when I told him I would sue the Bond or have better security It was a small time after Candlemas Mr. Just. Jones What are you a Protestant or a Papist Mr. Moor. A Protestant bred and born so Mr. Just. Pemberton He would have sworn it no doubt at that time for he was under an Oath of Secrecy L. C. J. But you say August was the first time that he discoursed to you that Sir Thomas was in the Plot. Mr. Moor. Yes Then Stephen Thompson was called Mr. Just. Dolben Well what do you know of this Business Mr. Thompson My Lord if you will give me leave to speak I know a great deal of the Unkindness betwixt Sir Thomas and Mr. Bolron He came down to me he was Sir Tho. Gascoyne's Steward of his Coleary and Sir Thomas liked not of his Accompts and turned him forth There was a great deal of Mony owing to Sir Thomas and he came to Sir Thomas to agree about it and he desired me to be bound with him to Sir Thomas Said I Mr. Bolron how shall I be secured Said he there is a great deal of Money of which I never gave Sir Thomas any accompt I will gather it in and secure all and so Sir Tho. Gascoyne knew nothing of it So Bonds for 60 l. were entred into to pay 28 l. at Candlemas So Sir when Candlemas came and he did not pay the Money I went up to him and asked him what he would do about this Money what course he would take to satisfy Oh! never fear said he why said I hath he any hand in the Plot if he hath let us know it for he had made a great deal of his Goods away and then I thought I should not be secured Oh said he he is a
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
House but I staid there but half an hour but I was most part of the afternoon at Sir Tho. Gascoin's seeing them mark Sheep Then Roger Gregson was called Mr. Just. Jones What do you say to him Sir Tho. Gascoin Let him speak his knowledge Mr. Serj. Maynard I desire he may ask the Question for he only generally refers to them what they know Sir Thomas Gascoyne What did he say to you about August last Gregson My Lord I will tell you we met about August last Robert Bolron and I about a week before Bartholomew day We had some discourse he came from London a little before that and I asked him how Sir Thomas Gascoyn did Mr. Just. Dolben Was he apprehended in August last Gregson Yes he was in the Tower He said Well I asked him how he would come off about the Plot as they call it Said he he may come off well enough but it will cost him a great deal of Money I then did ask how they came to fall out And he said it was long of that Rogue Addison Brother to the Priest who had called him to accompt or else he had never done Sir Thomas that injury And I suppose that was the cause of it And then we had some more discourse and that Discourse was this he rides a little from me he was on Horse-back and came back again said he I can tell you the King was at Windsor and one of the Privy Council made an attempt to stab the King and the King made his escape and now they will believe my Informations the better Mr. Just. Pemberton Go on Gregson That is all I have to say Mr. Just. Jones What are you a Papist Gregson No I am no Papist I deny it Mr. Serj. Maynard Nor never was Gregson Nor never was Then Jâ—…mes Barlowe was called Mr. Serj. Maynard My Lord I conceive this Man ought not to be heard for he is under an Accusation of the same Crime and we have had two Orders of Council to apprehend him Mr. Att. Gen. There was an Order of Council within this fortnight to send for him up in Custody Mr. Just. Dolben There is nothing upon Record against him and you may discredit his Testimony but you cannot refuse him He is not to come upon his Oath Mr. Sol. Gen. Bolron swears too that he was at the Consultation Mr. Just. Dolben Let us hear him what he says we must leave it to the Jury what to believe Mr. Serj. Maynard They would question him about Mr. Bolron's cozening which ought not be Mr. Sol. Gen. This man hath sworn it against him Mr. Hobart Why did you not indict him Sir Mr. Serj. Maynard Sir you ought not to prate here Mr. Just. Dolben Come I doubt you are a little too pragmatical Mr. Just. Jones If you had any Record of the Indictment to shew against him we would not examine him Mr. Hobart Will you ask him any Questions Sir Sir Tho. Gascoyne You know Sir Mr. Serj. Maynard That is not proper he tells him what he knows Mr. Just. Pemberton Look you Sir we did not intend that you should come here to manage all as a Counsel it was said he could not hear well and so you were only to tell him what was said Sir Tho. Gascoyn I would ask him what he does know concerning taking of Money and stealing from me Mr. Just. Dolben But that must not be asked Which Hobert told him Sir Tho. Gascoyn Then you must tell me what I must ask Mr. Just. Pemberton Come you have been pragmatical Sir and made him a Brief and he cannot manage it without you Mr. Serj. Maynard Did you write this Brief meaning a Brief in Sir Tho Gascoyns hand Mr. Hobart No and 't please you Sir Then Mr. Ravenscroft offered to speak what this Witness had told him Mr. Just. Dolben Look you Mr. Ravenscroft if what he says tend any thing to this business that Sir Tho. Gascoyn comes to know of his stealing and then turn'd him out of his service it is material but if you come to tell a story here of another man's knowledge we can't spend our time so Mr. Ravenscroft It was known but last night to me and if you will not let me tell you what it is how should you know it Mris Ravenscroft He is a Chief Witness for my Grandfather and I desire he may be heard for he discovered it but last night to my Husband Mr. Just. Dolben If it tend any thing to this business that Sir Thomas turn'd him out of Doors and therefore this Man bears him an ill will Mr. Just. Pemberton We had as good hear Mr. Ravenscroft however but pray Sir make your story short Mr. Ravenscroft He came to me and said these words I have kept a Secret a long while in which I have done very ill Mr. Just. Pemberton Then it does not tend at all to this Affair for you must not come to tell a story out of anothers man's mouth Mr. Just. Dolben Pray sit still Sir and be quiet Mr. Just. Jones Indeed you must be satisfied Mr. Just. Pemberton If you have any other Witnesses call them and do not spend our time Mr. Just. Jones For the Jury must be told that 't is no Evidence coming out of another Man's mouth Mr. Just. Dolben 'T is as if a Man should come and say I can say something for Sir Thomas Gascoyn when I know nothing but what another Man told me Mr. Just. Jones Ask Sir Thomas if he would have this Barlow examined Sir Thomas Gascoyne Yes Mr. Just. Pemberton Then what Questions will you ask him Sir Tho. Gascoyn What Conspiracy was had to take away a great deal of Money from me and how he conceal'd it because he would not do him a Mischief Mr. Just. Dolben What is that to Sir Thomas's Life Mr. Ravenscroft I cannot tell you by bare Assertion but if you will hear what I have to say do Last night late at night about nine a Clock Barlow came to me says he Mr. Ravenscroft Mr. Just. Dolben Come don't tell us the Preamble but the Story Mr. Ravenscroft Said he I have a thing that sticks upon my thoughts which I doubt may endanger Sir Thomas's Life Mr. Just. Dolben Well was it about taking Money Mr. Ravenscroft Said he If I am silent I doubt it will cost Sir Thomas his Life Then I asked him what it was Says he Mr. Mowbray who is a Witness in this Court and I did just a little before his going away combine or rather he did â—…educe me Mr. Just. Pemberton Was it about Money Mr Ravenscroft Money is in the Case Mr. Just. Dolben He did conspire what to do Mr. Ravenscroft If you will hear me I will tell you Mr. Just. Jones Pray do it quickly then Mr. Ravenscroft Did combine to wrong Sir Thomas of a great Sum of Money and whereas I held my tongue thinking not to spill his Blood I see now if I do not tell the truth
I shall make good his Credit and so endanger Sir Thomas's Life Mr. Just. Dolben Well I 'le ask you or any man alive now Two Men combine to rob Sir Thomas whether one Man be a competent Witness against the Credit of the other Witness He makes himself a Rogue by Combining and you have made him a Knave by his own Confession Mr. Ravenscroft I may perhaps err in that word he did not say combine but the other seduced him Mr. Just. Dolben You have told a Story to no purpose Mr. Just. Pemberton You think it a fine thing to be a Catholick and to appear brisk for them Mr. Ravenscroft Who says I am a Catholick Then George Dixon appeared Sir Tho. Gascoyn What do you know of any Conspiracy of these People against me Dixon My Lord I was at William Batley's in August last in the morning at ten a Clock and Mr. Bolron and Mr. Mowbray came in and called for a Flaggon of Drink and when it was brought they fell into a Discourse together concerning Sir Thomas Gascoyn and my Lady Tempest Says Mr. Mowbray I know nothing of Sir Thomas but that he is a very honest man Mr. Serj. Maynard He was not bound to tell you what he knew Mr. Just. Jones When was this in August last Dixon Yes but said he if I knew any thing against my Lady Tempest I would discover it for I would hang her if I could And they satâ—… down at Mr. Batley's House to consult what they should do Mr. Just Pemberton Before you Dixon Yes I heard every word Mr. Just. Jones And what did they say Dixon They said they would meet at Mr. Bolron's House and if they could compleat their business they should be very well gratified Mr. Just. Dolben Against whom Dixon Against my Lady and Sir Thomas Mr. Just. Dolben But you say Mowbray said he knew nothing against Sir Thomas Gascoyne Dixon No he said he knew no hurt by them Mr. Just. Dolben How come they to say they would contrive their Business Mr. Mowbray What man is that Mr. Bolron Mr. Bolron I know him not nor ever held any such Discourse Mr. Mowbray Nor I. Mr. Just. Jones How far do you live off one from another Dixon I live at Leeds Mr. Mowbray knows me Mr. Mowbray I don't know that ever I saw you Dixon He hath drunk with me Mr. Mowbray I know him not nor where he dwells Mr. Just Dolben What Trade are you of Dixon A Cloth-dresser by trade but I keep a publick house Mr. Just. Dolben This Discourse was at Leeds was it not Dixon Yes Mr. Just. Dolben They say both they do not know you nay they sware it And 't is very like you were but very little acquainted would they let you hear them talk thus Dixon We were as well acquainted as can be but that he will deny it Mr. Att. Gen. Pray what Religion are you of Dixon A Protestant Mr. Att. Gen. How long have you been so Dixon All the days of my life Mr. Att. Gen. I can't but wonder at the strangeness of your Acquaintance Mr. Mowbray My Lord I have not drunk at that place which is near the old Church at Leeds not this two years Then William Batley was called Batley And if it like your Honour these two Gent. Mr. Bolron and Mr. Mowbray came to my house and called for a pot of drink Mr. Att. Gen. Do you not know this man neither Mr. Mowbray Yes I do but I was never three times in his Company in my life Batley I filled them a Flaggon of Ale and when I had done I left them They began to discourse of the Plot and Sir Tho. Gascoyne and Mr. Bolron Mr. Just. Dolben At your house where is your house Batley My house is near the old Church at Leeds Mr. Just. Dolben Is that the same place the other man speaks of Batley Yes Says Mr. Bolron to him Thou knowest that Sir Tho. Gascoyne hath been very severe against thee and me and now here is an opportunity offered us to take a Revenge upon Sir Tho. Gascoyne Mowbray replyed again As for Sir Thomas he is a very honest man and I know no hurt by him but as to my Lady Tempest if I knew any thing against her I would hang her for I would discover it But thou knowest says Bolron that Sir Thomas sues and troubles me and if I do not make somewhat out against him he will ruine me and it must be done by two Witnesses To which Mr. Mowbray answered again How shall we bring this business about If thou wilt but come to my house said he I will put thee in a way to contrive it and we shall have a considerable Reward And Mowbray told him he would come to him such a day Mr. Just. Dolben Was that man that went out last with you all the time they spake Dixon Yes Mr. Just. Dolben He does not say half so much as you do Mr. Just. Pemberton Were you in the Room Batley No I was at the Stairs head Mr. Just. Pemberton What did you stand there for Batley I hearing them discoursing of Sir Tho. Gascoyne hearked what they did say Mr. Just. Dolben The other Man said he was in the Room with them were you in the Room Batley I stood upon the Stairs Mr. Just. Jones Were you in their Company at all that day Batley Yes my Lord I carried up a Flagon of Ale Mr. Just. Jones Was the door left open Batley Yes Mr. Just. Dolben Would any Men talk in such a place as this that all the World may hear them when they are contriving to take away a Man's Life Mr. Just. Pemberton You were in the same Room Dixon were you not Dixon They were at the Grice head and we at the foot Mr. Just. Jones But the other says he was at the top of the Stairs the head of the Stairs Dixon We were at the Stairs foot and they were in the Room Batley The Table they sate at joined just upon the head of the Stairs Mr. Just. Jones Did you hear them down to the Stairs foot Dixon We did stand there to hear them discourse Mr. Just. Dolben Could you see them where you were Dixon Yes as fair as I see you Mr. Just. Dolben Could they see you Batley No they could not Dixon Yes if they had looked down Mr. Just. Dolben Why then I ask you Do you think if you stood in so open a place to be seen and they had seen you can you imagine that they would talk so about taking away Sir Thomas Gascoine's life Batley I do imagine they did not know I was there nor believe any one heard or saw Mr. Just. Pemberton Do you know how they came there Batley They said they came out of Leeds and said one Mr. Legat was to come that way who they were to speak with Mr. Just. Jones I ask you if you were in the Room under them Batley And if it like your Lordship I
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 lasâ—… 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 â—…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 mightâ—…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 wrâ—… a Letter to them to tell them my
to go and cryed but they do neither of them say he pressed her to speak anything more than she knew or against her knowledge Mr. Just. Pemberton No one of the Witnesses said he told her it was to â—…peak her knowledge Then William Clow was Examined Mr. Just. Dolben Come what say you Clow. The 22 th of May last I had a Writ against Bolron and my man Arrested him and brought him to my house Mr. Just. Dolben At whose suit Clow. At the suit of one Hickringil that was servant to Sir Thomaâ—… and there I had him two days and would not carry him to the Gaol for he begged of me I would not but then I told him I would keep him no longer there for he had no money for Lodging and Dyet but he begged so hard of me that I would but tarry till Hickringill came and then he did not care what they did with him for he would make Sir Thomas pay Hickringill his Debt that he owed him or he would play him such a trick as he little dream'd of Mr. Just. Dolben When was this Clow. The 21 th or 22 th of May last or thereabouts Mr. Just. Dolben May last Clow. Yes And so Hickringill came over and they did agree and he gave him a Lease of an house he lived in and Hickringill took the Charge of both the Debts upon him Then Hobart stood up Sr. Tho. Gascoyne Speak whether he pretended he writ a Letter to the Duke of Monmoth from Leeds Mr. Hobart My Lord I have nothing to say to that Mr. Just. Jones What can you say then Mr. Hobart All I can say is to the summes of money returned to Town Mr. Just. Dolben He did not mention that Mr. Hobart If you please to let me declare what I know about the returning of the money Mr. Just. Pemberton Pray speak what you know of your own knowledge Mr. Hobart For most of it I know of the payment of it and to whom 1800 l. there was paid to Mr. Trumbal about the purchase it was paid at Mr. Mawson's I was a Witness to the Deed and to the Receipt Mr. Att. Gen. That is some but what to the rest Mr. Hobart 200 l. was payed to a Client of mine 80 l. was paid to one widow Cawson that was upon Bond. Mr. Just. Dolben How much was paid to Mr. Corker Mr. Hobart Several sums above 300 l. paid to Corker in 6 years time Mr. Just. Pemberton Nay in 4 years time Mr. Hobart This 300 l. and 300 l. before I drew the Receipt for and commonly he Ordered me when Mr. Corker came for it that I should have a Receipt from Mrs. Mary Appleby and it came back signed by her to whom Sir Thomas was Guardian Mr. Just. Dolben And was all this money paid to Corker upon the account of this Appleby Mr. Hobart It was mentioned in the Receipt Mr. Just. Dolben How much was she to have by the year Mr. Hobart 100 l. by the year or two sometimes Mr. Just. Dolben How came she to have 900 l. in 4 years Mr. Hobart My Lord I will tell you for that there was a great Arrear upon a suit between Sir Thomas and Mr. Appleby this Mrs. Applebys Father and upon the hearing of the Cause my Lord Keeper Bridgman was pleased to order that this money should be paid to Sâ—… Thomas for the use of the Daughters 200 l. a year that is 100 l. a piece And there was an Arrear for 3 or 4 years during the Suit about 2 or 300 l. it was I drew Receipt for it and Sir Thomas being pressed for the money by Mrs. Appleby who went beyond sea he sent to Corker to get the money returned to her Mr. Just. Dolben Ay but you Dance about the Bush was there an Arrear of 500 l. Mr. Hobart For 3 or 4 years and Mrs. Ravenscroft was one of the Sisters her part was paid when she was married but this Gentlewomans was paid beyond sea Mr. Just. Dolben Was the Arrears from Sir Thomas to the Gentlewoman beyond sea Mr. Hobart Yes Mr. Just. Dolben Are you sure there was Mr. Hobart Yes Sir Thomas told me so Mr. Just. Pemberton Who was to pay this mony Mr. Hobart Mr. Appleby by order of my Lord Keeper Mr. Justice Jones Sir Thomas was Guardian was the Estate in Yorkshire Mr. Hobart It did arise out of Rents there Then one Culliford was called Mr. Just. Dolben What say you What do you know of this matter Culliford This Gentleman Lodged at such a time at my house the 4 th of June 1677. he was at my house seven weeks and he was gone 3 weeks and returned again he was 3 weeks away Mr. Just. Jones What Gentleman was this Culliford Mr. Mowbray Mr. Just. Dolben What is that to the purpose Mr. Just. Jones How do you apply that Mr. Hobart Mr. Mowbray hath said he sent a Letter to the Duke of Monmouth Mr. Just. Dolben There hath been no mention made of any such thing Have you any more Witnesses Mr. Hobart No. Mr. Just. Dolben Then ask Sir Thomas what he hath to say for himself Mr. Hobart Have you any thing to say to the Court for your self Sir Tho. Gascoyne No I referr my self to the Judgement of the Court. Then a woman Witness appeared Sr. Tho. Gascoyne What do you know concerning Mowbray whether he was suspected of stealing when he was at my house Witness Yes he was my Lord he would have given me 5 l. to have gone away and he did intend to have clapped me in Prison and laid it all upon me Mr. Just. Dolben How do you know that Witness He told me so Mr. Mowbray This is a Common woman and not to be believed Mr. Serg. Maynard My Lord We will reply but one short thing in matâ—…er of Evidence Much of this that hath been given by the Desendant hath been to take off the credit of the Witnesses and for Bolron they would suggest that he hath been dishonest to Sir Thomas but when Sir Thomas himself was examined to that point before the Council he said he found him honest but only accounted him a Fool. Mr. Just. Dolben That is proper for you to do now Brother Mr. Serg. Maynard And Sir Thomas being examined about Rushton he said he did not know such an one and then afterwards he did say he knew one of that name Here is Sir John Nicholas the Clerk of the Council Who was sworn Mr. Att. Gen. Pray Sir do you know what Sir Thomas Gascoyne said at the Council Table Sir John Nicholas He was asked whether he knew Bolron he said he knew him very well he had been his servant till within this twelve-month or something more but for his honesty he had nothing to say to it till of late that he had not behaved himself so well in giving Informations against him But he did find him now what he did always take him to be a Fool. Mr. Just. Dolben What did
he say about Rushton Sir John Nicholas At first he did say he did not know Rushton the Priest but after it was brought to his memory he â—…aid he knew one of that name Mr. Att. Gen. 'T is taken down in the minutes Sir John look upon them Sir John Nicholas He denied at first that he knew Rushton the Priest and afterwards the next time he came to the Council he said he did deny it because he was afraid of an old Law against Harbouring of Priests Mr. Att. Gen. If your Lordship please we will now trouble you with a Witness or two in answer to what Backhouse and Hardwicke have said as to Bolron's threatning of his wife We will call the wife to give you an accompt of that Mr. Just. Dolben They do not charge him that they pressed her to swear falsly Mr. Just. Pemberton That does not at all touch upon the Witness Mr. Att. Gen. If the Court be satisfied we will trouble you with that no further Mr. Just. Jones I believe Backhouse did say That this Bolron would have his wife go before the Justice of Peace she said she knew nothing at all yet he would have her go and testifie her knowledge and if she would not he would have her dragged at the Horses tail Mr. Att. Gen. I think 't is necessary to call a Witness or two to that First to call her herself Then Mrs. Bolron was sworn Mr. Att. Gen. What did yâ—…ur husband threaten you to make you swear against Sir Tho. Gascoyne Mr. Just. Dolben Now you are upon your Oath speak the truth Mrs. Bolron No never in his life did he threaten me upon any such accompt Mr. Just. Dolben Do you remember when the Constable came down to have you go before Esquire Lowther Mrs. Bolron Yes my Lord. Mr. Just. Dolben How chance you did not go with him Mrs. Bolron I was unwilling to go then because I could say little to the purpose Mr. Just. Dolben Did he use any threats to you to make you swear against Sir Thomas Mrs. Bolron No my Lord but he would have me go whether I said any thing or no. Mr. Just. Dolben Did he ever desire you to speak any thing you did not know Mrs. Bolron No my Lord never in his life Mr. Att. Gen. My Lord Mr. Bolron desires to have this woman his Grand-mother be asked whether he threatned his wife And she was sworn Mr. Sol. Gen. She was by at that time Mr. Just. Dolben Were you by at that time when the Constable came to carry the witnesses before Mr. Lowther Mrs. Bolron Senior Yes Mr. Just. Dolben Heark you did not you see the Woman that went over there cry and say she was unwilling to go Mrs. Bolron Sen. Her husband said she should go tho' she said nothing Mr. Justice Dolben But her husband did not press her to say any thing but what was truth Mrs. Bolron Sen. No indeed did he not Mr. Just. Pemberton And did not seem to stick before Mr. Attorney General What can you say to this honest man here your son Mr. Just. Dolben I 'le warrant she will say he is honest still Mr. Att. Gen. But here are a company of people would make him a dishonest man Mrs. Bolron Sen. Sir Thomas Gascoyne said he was as truthful a servant as ever he had in his life Mr. Just. Dolben Did you hear him say so Mrs. Bolron Sen. I heard him say so in his own Chamber Mr. Just. Dolben When Mrs. Bolron Sen. After he was married And besides Sir Thomas did say he would do any thing he could for him in relation he had been a true servant to him Mr. Just. Dolben Call Mr. Phiswicke again Who appeared Look you Sir you are a man that I see have been trusted by all the Family of the Gascoynes and you know in what Reputation he was Mr. Phiswicke Sir while I was his fellow-servant I knew no ill by him Mr. Just. Dolben Was he accompted an honest man Mr. Phiswicke I can say nothing to the contrary Mr. Serg. Maynard Then my Lord to conclude I desire to speak a word On the one side here is an Ancient Gentlemans life in question and that or his death are to be the issue of this Cause on the other side here is the discovery of a Plot upon which all our lives our Religion and the life of our King depend It did require your patience and you have yielded it Where lyes the Question If these Witnesses that have been Examined be believed there is no Question but he is highly Guilty of the Plot the Witness tells you When there was no talk of the Plot there was a preparation of a false and fraudulent Conveyance to be drawn by advice of Counsel and why was this made lest he should forâ—…it his Estate This is proved in the beginning You find next a meeting of the Priests and there what they did does not concern this Gentleman at the Bar till he took notice of it and then joyned in it and approved of it and did declare it was a Worthy Plot a meritorious Plot for the good of the Church and at last particularly he would give 1000 l. to Bolron to destroy the King and murder him The t'other Witness agrees with him and what is said against all this They have called and examined I think 19 or 20 Witnesses three touching the threatning of his Wife but that salls out to be nothing two Ale-house-keepers that stood at the bottom of the Stairs and over-heard their discourse but you have all heard how they contradicted one another they had not agreed well enough together on their story All that the rest do is meant thus and so far they make something of it that there should be a Debt due from this Bolron to this Gentleman and so it were some contrivance as if he would do it by way of Revenge it does fall out many times that men do quarrel but this is a business of anotheâ—… Nature They say that he should threaten he would serve him a Trick or there were some such words but under favour the question is of the truth of his testimony now it is not likely that they knew what his Testimony would be and there is nothing against the other Witness that concurrs with him but the fellows that were upon the stairs that talk one of one part of the stairs and the other of the other The matter is clearly whethe rthe witnesses be to be believed or whether there be any thing sufficient offered to take off their Testimony You will be pleased to observe as to what was spoken about the money and the Nunnery we brought you a Letter from the Priest who was mentioned to be one of them at the meeting Pracid that writes and dates his Letter from the place the Witness speaks of and there you will observe that in one of the Letters'tis expressed If England be converted there is the main of the Plot
for all I suppose goes to that purpose pray who thought of England's Conversion at that time What led them into that but a Consciousness of a design to convert England My Lord another piece of a Letter there is concerning the Oath of Allegiance you have heard it read and every body knows what the meaning of it is it is the Engine of the Jesuites that if they can but draw men off from their fidelity to the King whereof there is no Testimony so great as the Oath of Allegiance they need not use so much of Eqaivocation but that is an abominable thing and not to be endured to go take off the strength of that Oath that hath been taken by men more honest than the rest and not suffering the rest to take it at all and it is a damnable thing that they should assert the King is an Heretick and the Pope has deposed him therefore it is meritorious to kill him but you have heard the Evidence fully and it needs no aggravation Mr. Sol. Gen. My Lord I think the Evidence hath been already repeated by Mr. Serg. Maynard and my Lord I think there is nothing in this Case but only the Credit of the Witnesses for if they be to be believed there is an Evidence as full as can be I know your Lordships observes how it is introduced how they are fortified in some Circumstances which Sir Thomas did at first deny They tell you that he had a pious intent to found a Nunnery and did proceed so far as to make a settlement this was denyed by Sir Tho. Gascoyne but hath been verified and made out by his own Books and Letters writ to him which were found in his own Custody This did Sir Thomas Gascoyne do with an Expectation of a sudden Change for the Letters do declare that England was to be converted as they called it and therefore they had settled their matters in order and they thought fit to insert that Proviso in the settlement That if England should be converted then the money was to be disposed so and so But your Lordship likewise observes and you Gentlemen of the Jury what other correspondence Sir T. Gascoyne had with one Cornwallis or Pracid a Priest He receives a Letter which shews you what the Principles of all the Catholicks are how far they have proceeded to take away even the Oath of Allegiance and the Consequence of that how far it will go when they think themselves obliged in Conscience to cast off Fidelity to their Prince and what mischiefs may ensue no man knows but we may in part imagine You have already had sufficient discovery to make out the use of this instilled Principle and that is the design to kill the King for this you hear what the Evidence say Mr. Bolron one of them is sent to the Priest to be instructed by him and by him was chid for offering to go against their Principles to take the Oath and told him he was damn'd for so doing And presently after he was Examined by Sir Tho. Gascoyne upon some discourse with him what Rushton had said who had moved him likewise to kill the King as he says Sir Tho. Gascoyne knew to what purpose he sent him thither not only to renounce the Oath of Allegiance but to carry on the design which he had in hand and did introduce by laying aside the Oath and tells him he must engage in the design to kill the King He examines him what the other had spoke to him of and he said he knew it was more than bare chiding of him for taking the Oath of Allegiance and he told him for his better encouragement to go on that if he would undertake he should have 1000 l. and this is the sum of Bolron's Evidence as to Sir Tho. Gascoyne What then says Mowbray the second Witness he was so faithful a servant and so diligent that he was imployed by Rushton the Confessor to attend him at the Altar and be in service immediate about him and he being by that means so dear to him waited upon him in his Chamber and was privy to all the Consultations held there And he gives you an accompt how long this Plot hath been in Agitation for they had been discoursing a good while of it and resolved it should be done if not by fair means by foul and tells you plainly by killing the King And that he heard Sir Thomas Gascoyne himself declare that it was a meritorious Act to kill the King and that as before he had the Oath of Secrecy given him by Rushton so he did declare which Mowbray standing at the Door heard that he would never swerve from the Oath but he would assist to the utmost of his power and they that were with him said they would stand by it with their Lives and fortunes and when my Lady Tempest understood he was there and was iealous of him she bid him go down and entertain the Guests below stairs So here is an Evidence from two Witnesses as full as can be in any Case that Sir Tho. Gascoyne was privy to the Conspiracy and himself a partaker of it to kill the King All that hath been said against them is to vilifie their Reputation As to Mowbray I hear but little onlythere are two Witnesses that touch him and indeed if these Winesses were to be believed they say a great deal that is they were in an Alehouse together and heard them conspire to take awaythe Life of Sir Tho. Gascoyne Indeed Mowbray said for Sir Tho. Gascoyne I know nothing but that he is a very honest Gentleman but for my Lady Tempest if I could hang her I would That they should hear them contrive this together and conspire how they should take away the Lives of this Gentleman and the others Indeed if these men say true 't is a great matter to take off the credit of their Testimony but you heard Gentlemen how they did vary For the one said as I apprehended at first he was in the Room afterwards he was below stairs Ask the one could you hear them Yes could you see them No said the other yes So that they were not well provided as to that matter nor had they consulted that point well where they should agree to stand to overhear the matter Now if that be likely they should in the presence of two persons whom they did not know and one of them they never saw but in the Court declare and discourse of such a matter as this for the taking away the life of Sir Thomas Gascoyne then we have nothing to say to them we must leave the credit of that to you you will observe their variety in the story and the improbability of the thing But then for Mr. Bolron the Evidence against him is that he is a very dishonest man and that this is all out of malice to Sir Thomas Gascoyne because he would sue him upon his Bonds You observe how he
the Plot that might very well be especially if you take the time when he did say this he was a Papist a great while after Sir Thomas had ingaged himself in the Plot and while he was so it is not unlike he would venture an Oath to save any of the same Perswasion and Religion he himself was of But whatsoever he said it was not Judicially he was not bound to discover to him he spoke to he is now upon his Oath and you have heard what an express testimony he gives As to what is said concerning his Wife that he should endeavour to perswade her contrary to her knowledge to give testimony against Sir Tho. Gascoyne and therefore he is not to be believed here upon his own Oath who would have his Wife forswear herself to fortifie him There is no such thing and it does appear by the Evidence of those that are sworn that he was earnest â—…d would have his Wife go and testifie her knowledge but did not infuse or intimate any thing to her she should say whether she did know it or no aâ—…d to assure you that you have the Oath of the Woman herself who hath been present here and tells you the same thing Dixon he comes and says in August last Mowbray said he knew nothing of the Prisoner which may be answered by his fear but concerning the two Witnesses that Mr. Sollicitor did take notice of he did tell you and 't is plain how very improbable it was two persons should speak in the presence of strangers and tell them they were about to take away the life of another person the one of the Lady Tempest who had done him a displeasure the other of Sir Tho. Gascoyne but Mowbray at that time said he knew nothing of Sir Tho. Gascoyne but Gentlemen besides what was said before this is improbable any such thing should be and you hear the Witnesses at least one of them that he never knew one of the two Mr. Bolron I knew neither of them Mr. Just. Jones I should be very loth to omit any thing on the Witnesses side or that hath been materially testified against them on the Prisoners I did not conceive the Evidence given by Mr. Pebles to come to any thing at all There was a discourse between Bolron and him at last Assizes after some talk Bolron tells him he had something to say to him and what was it Bolron was told that he had charged some persons that he ought not to do excused them for money that did not take the Oath of Allegiance as they ought to have done and it seems he did it hear and so far he went as to bring Witnesses before the Justices of Peace to prove it And although they did not give Evidence against Mr. Pebles in that very particular yet certainly he thought they would have said something but that does not argue at all that because he did accuse Mr. Pebles as he thought justly in that particular therefore that now he should falsly accuse Sir Thomas in a matter that concerns his Life so highly There are some other things that were said by the Witnesses that would tend towards the proving of some malice in the Witnesses towards Sir Thomas Gascoyne and therefore they give in this Evidence One thing indeed was spoken by Hickringill that is it was generally reported in the Country that Mowbray had taken away money from Sir Thomas Gascoyne and that Mowbray himself said that as they had endeavoured to take away his Fame and Life now he had found an Opportunity to requite them So saith the Witness but 't is not very probable I leave it with you upon the credit of the Witnesses for the King who have sworn it upon their Oaths and the others that go upon their Words and not their Oaths whether they have taken away the force and strength of the Kings Evidence which is as sull express and positive as can be by two Witnesses Gentlemen here is on the one side the life of an ancient Gentleman before you on the other side there is a Conspiracy against the Life of the King who is the breath of our Nostrils and whom God long 〈◊〉 I know you being upon your Oaths will take into your Considerations both and give a Verdict according to the Evidence you have heard Mr. Just. Dolben I will tell you Gentlemen I cannot forbear saying one thing to you There is some Evidence that makes it a very improbable thing to be true what Mr. Bolron hath said and yet Mr. Bolron having said it so positively and Mowbray agreeing with it probabillties must give way to positive proofs I saw you did observe it when it was mentioned and 't is true to me it seems improbable that at the very same time that Sir Thomas Gascoyne should sue him upon his Bond and take a Course to turn him out of his house that he should then be privy to such a Conspiracy 't is improbable either that Sir Thomas should offer him such a sum of money to kill the King or if he had that he should afterwards take that Course at Law against him Now for that I say this to you you are to give a Verdict according to your Evidence They have such secret Contrivances amongst themselves and he was a Papist at that time that where there are two men that positively tell you a thing that lies within their own knowledge and swear it is true it is scarce any improbability that should weigh against such an Evidence Mr. Just. Pemberton And Gentlemen consider withal as to that for truly my Brother Dolben hath rightly minded you of that improbability for it was no more but then you must consider all the Circumstances 'T is indeed at the first blush improbable that a man would communicate so great a secret to another if he did intend to sue him for money he owed him but then 't is likewise as improbable that he would provoke him by a suit if his life were in his hand but consider the delivering of the Lease of Ejectment and those things were the 13 th of June Mr. Babbington But I had sued him before my Lord. Mr. Just. Dolben The 2 of June he says Mr. Babbington I had direction long before I did it Mr. Just. Pemberton They threatned him the 2 but they did not do it But look you Gentlemen consider this I do not doubt but Sir Thomas Gascoyne was sure that this man durst not discover any thing of this for they had given him the Sacrament and an Oath of secrecy which they look upon as a tye among themselves as long as they continue in that Religion not upon any accompt whatsoever to be undone and they have such Confidence in it that they will trust their Lives and every thing in a man's hand when they have given him that Oath Alas how could these people have the Confidence to Plot one with another as they do when they know their lives