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A63194 The tryal of Sr Thomas Gascoyne Bar. for high-treason in conspiring the death of the King, the subversion of the government, and alteration of religion, on Wednesday the 11th of February 1679 : at the Bar of the Kings Bench, before the Right Honourable Sir William Scroggs, Lord Chief Justice, and the rest of the judges of that court. Gascoigne, Thomas, Sir, 1593?-1686, defendant. 1680 (1680) Wing T2219; ESTC R6828 66,907 70

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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 Cali●…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 Pem●…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 Priso●…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 Di●…mocke Esq Challenged by him Samu●…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
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 ●…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 aliàs 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 So●…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
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 ●…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 Thoma●… 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 S●… 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 mat●…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