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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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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
THE TRYAL OF S r Tho. Gascoyne Bar. FOR HIGH-TREASON In Conspiring The Death of the KING THE Subversion of the GOVERNMENT AND Alteration of RELIGION On Wednesday the 11th of February 1679. At the Bar of the KINGS BENCH BEFORE The Right Honourable Sir William Scroggs Lord Chief Justice And the rest of the Judges of that Court. LONDON Printed for Tho. Basset and Sam. Heyrick at the George in Fleet-street and at Greys-Inne-gate in Holborn 1680. THE TRYAL OF Sir Tho. Gascoyne Bar. On Saturday the 24th of Jan. 1679 Sir Tho. Gascoyne was brought to the Bar of the Court of Kings-bench to be Arraigned for High-Treason which was done accordingly in this manner Clerk of Crown SIr Thomas Gascoyne hold up thy hand Sir Tho. Gasc I cannot hear Clerk He saies he cannot hear L. C. J. Then somebody must repeat it that stands by him Mr. Recorder Do you hear what I say to you Sir Tho. Gasc No I cannot hear I am very deaf Then the Clerk of the Crown went down close to the Bar and went on thus Clerk of Crown Sir Thomas Gascoyne hold up thy hand which he did Thou standest indicted by the name of Sir Thomas Gascoyne late of the Parish of Elmett in the West-riding in the County of York Bar. for that thou as a false Traytor against our most Illustrious and excellent Prince King Charles the second thy natural Lord not having the fear of God in thy heart nor weighing the duty of thy Allegiance but by the instigation of the Devil moved and seduced the cordial love and true due and natural obedience which true and faithful Subjects of our said Lord the King should bear to him and of right are bound to bear wholly withdrawing devising and with all thy power intending to disturb the Peace and common Tranquillity of this Realm and to bring and put our said Lord the King to death and final destruction and the true Worship of God in this Kingdom by Law established and used to alter unto the Superstition of the Church of Rome and to move and stir up War against our said Lord the King in this Realm and to subvert the Government of this Kingdom The thirtieth day of May in the one and thirtieth year of our said Lord the King's Reign at the Parish of Barwick in Elmett in the said County of York in the West-Riding of the same County with divers other false Traytors unknown didst trayterously compass imagine and intend the death and final destruction of our said Lord the King and to change and alter and wholly to subvert the ancient Government of this Realm and to depose and wholly to deprive the King of the Crown and Government of this Kingdom and to root out the true Protestant Religion And to fulfil and accomplish the same most wicked Treasons and trayterous Imaginations and Purposes the said Gascoyne and other false Traytors unknown on the said thirtieth day of May in the one and thirtieth year aforesaid with Force and Arms c. at the Parish of Barwick aforesaid advisedly divelishly maliciously and trayterously did assemble unite and gather together themselves and then and there did devilishly advisedly maliciously craftily and trayterously consult and agree to bring our said Lord the King to death and final destruction and to depose and deprive him of his Crown and Government and to introduce and establish the Religion of the Roman Church in this Realm And the sooner to fulfil and accomplish the same most wicked Treasons and trayterous Imaginations and purposes thou the said Gascoyne and other unknown Traytors then and there advisedly maliciously and trayterously did further consult and agree to contribute pay and expend divers large sums of money to divers of the King's Subjects and other persons unknown to procure those persons unknown trayterously to kill our said Lord the King and to introduce the Roman Religion into this Realm And that thou the said Gascoyne afterwards to wit on the said thirtieth day of May in the one and thirtieth year aforesaid at the Parish aforesaid didst falsely advisedly craftily maliciously and trayterously sollicit one Robert Bolron to kill our said Lord the King and then and there with an intent sooner trayterously to encourage the said Bolron to undertake the killing and murthering of our said Lord the King offeredst therefore to give and pay the said Bolron a thousand pounds of lawful money of England against the duty of thy Allegiance against the Peace of our said Lord the King his Crown and Dignity and against the form of the Statute in such Case made and provided How sayest thou Sir Thomas Gascoyne art thou guilty of this High-Treason whereof thou standest indicted and hast been now arraigned or not guilty Sir Tho. Gascoigne Gloria Patri Filio Spiritui Sancto I am no guiltie Clerk of Crown Not guiltie you must say Sir T. Gasc Not guiltie nor any of my Familie were ever guiltie of any such thing I hope I shall be tryed fairly Clerk of Crown How will you be tryed Sir T. Gasc By God and my Countrie Clerk of Crown God send thee a good deliverance Sir T. Gasc I desire that in order to my Trial I may have a Jurie of Gentlemen of Persons of my own Qualitie and of my own Countrie that may be able to know something how I have lived hitherto for I am above Fourscore and five years old L. C. J. Tell him he shall have a good Jurie of Gentlemen of his own Countrie Sir T. Gasc And besides my Lord I desire to know when I shall be tried Mr. Att. Gen. Some time about the latter end of the Term as soon as I can get a Jurie up Sir T. Gasc I do not know whether I can produce all my Witnesses at that time if there be not a longer time allowed me for I have a great many Witnesses to fetch up These Witnesses must be all here or I can't make my Defence and I know not how they shall be got hither in so little time L. C. J. Tell him he may have what Witnesses he pleases and the aid of this Court to fetch them Mr. Justice Dolben Name them who they are Mrs. Ravenscroft My Lord some of his Witnesses are at Paris Mr. Justice Dolben Why he will not be tried yet this fortnight Mrs. Ravenscroft They will not have time to come over between this and that Mr. Justice Dolben Mistriss he had reason to believe that he should be tried some time this Term for so the Council ordered it and therefore he should have got his Witnesses ready Mrs. Ravenscroft My Lord he did not know where they were till a week ago Mr. J●…stice Dolben Look you Mr. Attorney here is a Ladie that is I suppose fome Relation to this Gentleman Mrs. Ravenscroft He is my Grandfather my Lord. Mr. Justice Dolben She saies a fortnights time will be too little to get his Witnesses together for his Defence because some of the Witnesses are
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 o●… ●…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 Alo●…tus enjoyes it L. Ch. Just. How much was it Mr. Bol. Ninety pounds a year L. Ch. Just. Where does it ●…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
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 Y●…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