thousand Pounds and send thee to my Son Tom if in London or else to others concerned therein But he refusing to have his Hands in Blood Sir Thomas pray'd him to keep it secret and he promis'd it Bolron being ask'd by the Lord Chief Justice when he first discovered this to any body he said that about a week or a fortnight after he went to Mr. Tyndal and upon Oath in writing inform'd him that Sir Thomas offer'd him a thousand Pounds to kill the King and that Mr. Tyndall said he would give the Council an account thereof and issued out his Warrant against Pressick but not against Sir Thomas Whereat his Lordship seem'd to wonder yet more as well he might That in the latter end of June he should have said the beginning of July he came to London and was examin'd by Sir Robert Clayton and carried to the Lord Shaftsbury the fourth ditto and there he might have told how that he then made a full Information upon Oath and that upon the 29th he made the amendment both which he hath now united into one as he had done in his Narrative lest he should offend the Criticks with his humane frailty and want of memory in so fresh a matter but he thought better on 't and that it would be a discovery of his chiefest Master-piece Maybury being next sworn deposed That he came to Sir Thomas's Service in 1674. and liv'd with him till January 1676. that divers Priests came to Sir Thomas's and he serving at the Altar was permitted to be with them That 1676. he heard them discoursing of bringing in Popery by Fire and Sword if it could not be done by fair means That York and London should be fired and the King kill'd for a Heretick That Rushton said so Sir Thomas not being present but Sir Thomas and his Son Thomas and the Lady Tempest and Stephen Tempest received first the Sacrament of Secrecy and then were made acquainted with it who all agreed to kill the King and he the said Maybury received the Oath of Secrecy also That about Michaelmas 1676. he saw a List with 500 Names that the Title of it was The Names of them engaged in killing the King and setting up the Popish Religion that Sir Thomas Gascoigns Name was to it with his own Hand as also the Lady Tempest Mr. Thomas Gascoign Mr. Stephen Tempests Sir Walter Vâ—â—â—souâ—â— Sir Francis Hungates the Townleys and several others That they discoursed of Commissions Indulgences and Pardons from the Pope for it That about Michaelmas 1676. Sir Thomas his Son Thomas the Lady Tempest Sir Miles Stapleton and Rushton in the Dining-room at Barmbow declared they would do their utmost to kill the King and would venture their Lives and Estates therein That Doctor Stapleton coming from some other part of the House went in and told them that he the Deponent was at the door that thereupon the Lady Tempest bade him go down and entertain Sir Miles his Servants Being ask'd why he discover'd it not long before he answered That about Michaelmas 1679. he discover'd it to Mr. Tyndal but durst not do it of three years before for fear that Papists should kill him He further added That he turn'd Protestant about the time that the Plot first came out which occasioned the greater wonder in the Auditory considering him a twelve-month silent when Oates and the rest had broken the Ice with such success and encouragement and a whole Nation with their Representative standing at his back Several of Sir Thomas his Almanacks which were taken from him were produced also against him and there it appear'd by his own writing that from the 21st of July 1678. Mr. Corker had received from him 900 l. and directions were there also how to send Letters to Mr. Harcourt and about buying Heworth and likewise about buying the Reversion of Heworth for his Niece Thwing as also a Memorandum to acquaint Thomas Thwing with his design and other Notes as also a Paper of the 9th of June 78. which had been taken out of Sir Thomas's Chamber was produced against him likewise being a Letter from John Prasset and a Paper to Mr. Benefeild with a Proviso that if England should be converted then the whole 90 l. per Annum should be applied to purchase Heworth and the Writing to be made without any alteration Moreover the word Yes on the side of the said Paper was written by Sir Thomas himself There was also a Letter of the 24th of May last from Mr. Prasset produced wherein he he declared the taking of the Oath as now worded damnable but some Letters that were for Sir Thomas his advantage and would plainly have made appear some of Bolrons Informations to be most insulse and inconsistent were suppressed and kept from the Prisoner and from the view of any After this Richard Fishwick was sworn who declar'd that he had serv'd Sir Thomas about six years and a Writing was shewn which gave an account of his returning in six years 6000 l. to London This the said Fishwick own'd and that part thereof was Sir Thomas his own Money part of it was Mr. Thomas Gascoignes and the Lady Tempests and that Mr. Thomas Gascoigne had 4 or 500 l. per Annum and the Lady Tempest 3 or 400 l. per Annum Mr. Attorney General produc'd an Account out of Mr. Mawson's Book That from March 1674. to December 1677. there was return'd from him to Sir Thomas 2500 l. and that several Sums thereof were paid to Mr. Corker which Sum was taken as part of the 6000 l. return'd from York-shire as before mentioned And here Mr. Attorney ended saying that he would give no further evidence at present till he heard what the Prisoner would offer in his defence Sir Thomas who all this while understood not one syllable from the Witnesses themselves of what they had sworn against him but having by his Solicitors hollowing in his Ear an imperfect apprehension of some Particulars prayed the Court after he had a little considered his Breviate that the Witnesses following might be examin'd who being call'd testified to this purpose Mr. James Babington testified and offered to depose That he was and for several years had been Attorney at Law to Sir Thomas Gascoigne and by his direction sued Bolron in May last upon his two Bonds of 20 l. and 28 l. and that Bolron desired him to forbear suing him for a fortnights time and promised to pay the Money due upon the said Bonds or to secure the same That Bolron also offer'd afterwards to make a Mortgage of his House at New-Castle for Sir Thomas his security but that his Wife refused to joyn therein unless the Bonds were cancell'd That on or about the 13th of June last he by Sir Thomas his direction delivered Bolron a Declaration in Ejectment for the Farm he liv'd in and told him that he had Orders from Sir Thomas to proceed against him and Bolron
peaceably away Sir Thomas like a good Christian being desirous he might amend and do better in another Service Mr. Thomas Gascoigne Sir Thomas his eldest Son having resolved by reason of the troubles to those of his Church or in general to Catholicks to go beyond Seas as many others did took leave of Sir Thomas in order thereunto at the end of March and having obtain'd his Majesties Pass-Port on the 4th of April following he went from London to Dover the 7th of that Month and Letters were received from him in his way to Paris and as by a publick Testimonial since sent he setled himself there the first of May following New Stile or 20 April Old Stile and was not yet departed thence as many Witnesses now in England can testifie About a year after his the said Bolrons departure from Sir Thomas he being still indebted to Sir Thomas and also to others of the Family viz. to Mr. Thomas Gascoigne and his Sister the Lady Tempest and being now become insolent by his own ill government he declares himself a Protestant and accordingly takes the Oaths at Pontefract Sessions being also call'd upon for the aforesaid Payments he earnestly press'd one of Mr. Thomas his Servants with whom he thought he was intimate to assist him to steal a Hundred Pound from his Master or otherwise to acquaint him where his Masters Money lay that he might do it himself but not prevailing therein he importun'd him at least to steal from Sir Thomas the Bonds for which he promised to reward him Sir Thomas observing Bolrons declining condition sent a Servant for him whereat Bolron seemed much concerned and amongst other things told the Messenger that he had been reading the Printed Tryals and that he had learn'd T. O. his way of witnessing so exactly that he did not doubt to hang any Man whom he pleased but upon the 29th of May he came to Sir Thomas to tender a Mortgage of a poor House his Father left him at New-Castle which Sir Thomas then slighted having several others bound with him for the Debt the next day being the remarkable 30th of May last and on which day Bolron had laid the ground of his Principal Accusation Sir Thomas stir'd not from about home and about six of the Clock that evening one of Sir Thomas his Servants went to the House of Nicholas Shippen not a quarter of a Mile from Bolrons House and there found Bolron who said he had lain private there most part of that day for fear of the Bailiffs and moreover that he would now keep himself conceal'd and get into the Cole-pit at Castleforth not far off where he was sure the Bailiffs should not find him Bolron having by his Wife who was formerly a Servant in the Family gotten into one of Sir Thomas his Farms and being in arrear of Rent also a Declaration of Ejectment was ordered by Sir Thomas to be delivered him and on the 4th of June following the abovesaid 30th of May Bolron had notice thereof about which time Bolron went to Sir Thomas his House and slipt up to Mr. Rushtons Chamber but at his coming down seem'd much in passion and told one of Sir Thomas his Servants that he had been with Mr. Rushton to borrow 5 l. but was refused it and with a great Oath vow'd to be reveng'd on him going away without speaking to Sir Thomas Bolron having now resolved revenge told his Wife he would now pay Sir Thomas all by Mortgaging his House at New-Castle wherein she had her Joynture if she would give consent to it she consenting at length he brought her a Writing to Sign purporting her consent as he pretended to her He likewise pretended to Sir Thomas his Attorney that he had gain'd his Wives consent to Mortgage or sell the said House and pray'd him to prepare a Deed of Mortgage thereof to Sir Thomas and he did so having perswaded Sir Thomas to accept it but it proved ineffectual Bolron being become more and more enraged and having studied the several Proclamations which had come forth since T. O. supposed discovery of the Plot goes to Broderton Tyndal Esq Justice of the Peace and informs him several things against Rushton and that Mrs. Mary Presseck Wife to Sir Thomas his Servant had spoken several strange words concerning his Majesty Afterwards he gave his Information to William Lowther Esq another Justice of the Peace After that he attended Mr. Lowther Mr. Tindal and Mr. Francis White Esq a third Neighbouring Justice of the Peace and there likewise confirm'd to them what he had said the two former days and then desired four or five days to give them a further account Bolron attending them accordingly requested that the former Information he had given them might be return'd to him but 't was told him that the Informations he had given them were sent up to London and thereupon he resolved to follow them and prayed them to lend him a little Money for his Journey for he was grown very low and he said they gave him 8 s. 6 d. towards it and Mr. Tyndal gave him a Letter of Directions and Assistance to his Brother in London but another of them a Neighbour of Sir Thomas's gave him something more to make quicker expedition but he perceiving that most of the Justices would give little faith to his Informations they being made up of hear-says contradictions and improbabilities and Mr. Thomas Gascoigne whom he involved being gone beyond Sea near two Months before the time hinted of the 30th of May and that therefore they would issue out no Warrants against any whom he had accused but a Servant which otherwise as the whole Country knows they would most readily have done he resolved to mend his Error when he came to London and so by becoming a Kings Witness to be above all wants and also be reveng'd on Sir Thomas and secur'd from him and all other his Creditors and in order to those good ends he gave out in the Country he would go to New-Castle and sell his House but in stead thereof he hasted to London immediately At Ware upon the Road he lost Justice Tyndal's Letter but getting to the Green-Dragon in Bishops-gate-street upon the third of July following he immediately acquainted the Land-lord with his errand and by his directions goes in all hast to Sir Robert Clayton and the next day viz. the 4th of July he attended the Right Honourable the Lord President Shaftsbury and the Lords of His Majesties Privy Council and positively upon Oath accuseth Sir Thomas and others of Consultations in relation to the Kings death for he swore that upon the 30th day of May he being at Sir Thomas his House Sir Thomas bade him go into the Gallery where Rushton though he were so angry with him the said Bolron as Bolron swore for taking the Oath of Allegiance that he was ready to have strucken him nevertheless tempted him in express terms to kill the
Thomas for 21 years and he produced the Deed in Court and said that 4 or 500 l. thereof being in arrear Sir Thomas commenc'd a Suit in Chancery and the Arrears were thereupon paid him and the 900 l. aforesaid which were sent to Mr. Corker were part of the said Mary's Portion who is now in a religious Convent beyond Seas and were return'd by him to her for no other purpose whatsoever he the Deponent having drawn the Acquittances for the same that he was privy thereto and constantly entred the same in his Account-Books That the other Sister Helena was disposed in Marriage and 2000 l. of her Portion was likewise paid not long after That he was likewise privy to Sir Thomas returning 1988 l. to Mr. Mawson and that the same was paid to Mr. Trumbull and Mr. Mauleverer for the Purchase Sir Thomas made of an Estate at Manstone in York-shire that he was at Mr. Trumbulls executing the Conveyance thereof and drew the Acquittance for the said Money That 200 l. more of the said Purchase-money was paid to William Errington and 80 l. more thereof to Widow Coston in pursuance of directions from Sir Thomas That he the Deponent had several Letters by him directing Payments to several of Sir Thomas his Brothers Sisters Children and Grand-children abroad which Payments to his knowledge were made accordingly and that the same amounted to no less than the 6000 l. which Mr. Fishwick deposed he had return'd in so many years and that the said Moneys were paid to no other use than as he had before declared Sir Thomas had many more Protestant Witnesses in and about the Court but by his not hearing from the Mouths of the Parties themselves what had passed either for or against him and especially the interlocutory discourses which in a false accusation ever afford main advantages and by his being dim-sighted so that he could not readily nor methodically follow his Breviate as also tyr'd with long standing and stun'd too with the often hollowing in his Ears he became so amaz'd and confounded that he was wholly unable to help himself Nor was any body suffer'd to call his Witnesses till he had named them and therefore several never appeared Nay the hurry was at length so great in Court that some of them were dismiss'd before they had half done some being call'd too quick after the others that the latter got in first and the former call'd lost admission which the Prisoner not perceiving and his Friends not permitted to re-mind him was a great disappointment in many material occurrences amongst other things those Witnesses which happened to be omitted stood ready to testifie and make out the Thefts of Maybury Others his Cheats and manner of living at London Others the Gold and Medals sold and changed by him Others the ill opinion Sir Thomas and his whole Family had of him and Bolron also especially after their departure much encreased Others how the said Bolron threatned his Wife if she would not joyn to accuse Sir Thomas Others how much he fear'd to be sued and arrested hy his Bonds-men And others of Mr. Thomas Gascoignes being constantly at Paris or on his Journey thither from the 7th of April which was almost two Months before the aforesaid 30th of May till that day of the Tryal which was wholly inconsistant with a moral possibility of Sir Thomas his directing Bolron to his Son Thomas then to assist him in the pretended Proposition of killing the King as Bolrons first Information sworn to did run Those that were called by Mr. Attorney in behalf of the Kings Evidence were first Bolrons Wife who said That her Husband never threatned or endeavoured to force her to swear any thing against Sir Thomas Secondly Bolrons Grand-mother who witnessed that he was a very honest good Man And lastly Fishwick who declared That whilst he the said Fishwick liv'd with Sir Thomas he knew no dishonesty by Bolron Now it seems Fishwick had left Sir Thomas his Service long before the Examinations of Bolrons Accounts and the other matters afterward laid to his Charge were made Mr. Justice James by reason the Lord Chief Justice was gone to try Causes in London summ'd up the Evidence and having done it with the usual Tope of shewing not only the Principles and Practises of the Papists generally supposed to be believed but the positiveness of the two Witnesses Oaths for the King and then discending to some Particulars in behalf of the Prisoner he left the whole matter to the Jury After Mr. Justice Dolbin had remembred him of a thing forgotten in the re-capitulation very considerable viz. That Sir Thomas as had been prov'd by Protestant Witnesses did sue Bolron not only before the 30th of May but just after also and yet he had then as Bolron swore propos'd the killing of the King to him But in Counterpoise to Justice Dolbins Remark Mr. Justice Pemberton offer'd the great tye of Sacramental Secrecy which he said as if neither Life nor Death Heaven nor Hell nor any other provocation could move Catholicks to break or to that effect This done the Jury withdrew being as the Law intends Gentlemen of the Neighbourhood and therefore knowing not only Sir Thomas but his Accusers also they considered that the said Accusers were decayed and necessitous Persons who had left their Master as the whole Country knew upon very ill accounts That they tim'd the Fact in a very unlikely season seeing the Protestants of England were not only long alarm'd and upon their guard against so small naked and distracted a Party but that most of the considerable Papists were retir'd beyond Seas and the rest which were but a handful disarm'd or in Prison or in as low and dejected condition as could be well imagin'd That a Pardon of all past Crimes and an assurance of future Rewards were great temptations to Men of an ill repute That no body of those since accus'd by Bolron and Maybury had ever fled or absconded unless Rushton the Priest who had refus'd to lend Bolron five Pounds in his necessities and was obnoxious to the Law purely on account of his being in Orders and in common sense ought not to appear That Bolron was indebted to Sir Thomas and others of his Family as also sued by him both before and after the 30th of May That he was at the Afternoon till ten at night on the said 30th of May at Shippens House for fear of Bailiffs and yet pretends that at six that afternoon he had the treasonable proposition made him by Rushton and Sir Thomas That both Bolron and Maybury had declared an ill will to their Master and that they would be reveng'd on him and his Daughter Tempest That their very confederacy procuring to make them guilty of the Plot was over-heard by two Protestant Witnesses That they had not only accused all Sir Thomas his Family and near Relations Friends and Servants to render him destitute of all help