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
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
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
and the poor Children of my Brother and so the Widow that was Sir Walter Vavasor's Sister was to sell the House and one Craddock meant to sell all the Lordship and the Children were desirous to keep the House and so they bought the House and one Close and all the rest was sold so I writ it onely that they should have the assistance of Sir Walter Vavasor to have the House Mr. Just. Dolben Pray ask him what he means by the words in the interim at Dawson Sir Tho. Gascoyne Nay what do I know L. C. J. Ask if Mrs. Thwing were not a Nun Sir Tho. Gascoyne They did desire if they could not get that House that they might have another House Mr. Just. Dolben And all this for Mrs. Thwing Ask him if she was not beyond Sea and kept in a Nunnery Sir Tho. Gascoyne Nay I can't tell what she was Mr. Att. Gen. Here is another Note in this Almanack pray read it It was sirst shewed to Sir Tho. Gascoyne who owned it to be his hand Clerk Mr. Harcourt next House to the Arch within Lincolns-Inn-Fields Mr. Parr's L. C. J. No question but he was acquainted with all the Priests about the Town and had directions to write to them Mr. Just. Pemberton He hath been Priest-ridden by them that is plain Mr. Recorder Ask him what he means by the last Mark there set under London Sir Tho. Gascoyne I can't tell what it is 't is a Quaere Mr. Att. Gen. In the Almanack there is a Memorandum to acquaint Mr. 〈◊〉 with the whole Design what it was I can't tell L. C. J. Ay Pray let 's see that Mr. Attorn Gen. This Thwing is a Priest in Newgate at this time Clerk The 15th of April 1676. Memorand Acquaint Mr. Thomas Thwing with the whole Design L. C. J. Now shew him that Sir Tho. Gasc Look you what is it you would have Mr. Hobart What Design was that Sir Tho. Gascoyne It was my providing moneys for him and his Sister that they should tell how to purchase the House Mr. Att. Gen. What a Priest and a Nun Mr. Just. Dolb. They had vow'd contrary to that Mr. Just. Pemb. Ask him whether Thwing be not a Priest Mr. Hobart Is this Thwing a Priest Thomas Thwing Sir Tho. Gascoyne No it was Ferdinando Thwing that is now dead Mr. Att. Gen. No but this is Thomas Thwing Is he a Priest Sir Tho. Gasc I do not know what have I to do L. C. J. Then consider how likely it was he was to purchase an House for a Priest and a Nun for some such business as is sworn Mr. Hobart He sayes no my Lord. L. C. J. What is the meaning of it then that he should name the whole Design Mr. Hobart He sayes it was the Brothers and Sisters that lived next door to him L. C. J. Ay but 't is said Acquaint Thomas Thwing with the whole Design Mr. Hobart He might acquaint Thomas Thwing with such his intention Mr. Att. Gen. We will now shew your Lordship a Letter taken among the Papers of Sir Thomas Gascoyne wherein is this Proviso talking of the Settlement In the formal Settlement let this Proviso be added If England were converted then to be disposed so and so L. C. J. Mr. Bolron how came you by that Paper Mr. Bolron I took this Paper in Sir Thomas Gascoyne's Chamber with several others I remember some had his hand to them others had not and some were signed Pracid and some Cornwallis L. C. J. Is there any mark of his Hand to that Paper Mr. Att. Gen. Yes there is a mark in this of Sir Thomas's own hand the word Yes in the Margent Clerk Dolebank June the 9th 78. Most Honoured Sir AFter most grateful Acknowledgments of all your charitable Favours as to my own particular I am also herewith to present most humble and heartiest thanks on behalf of your Neece and Mrs. Hastings here who both would esteem it a great happiness to see you here as also my Lady your honoured Daughter to whom we beseech our humble Respects may be presented I have sent the Paper safely to good Mrs. Bedingfield from whom shortly you will have Religious acknowledgments I told her that I suppos'd you would judge fitting to insert into the formal Writing the Proviso viz. That if England be converted then the whole 90 l. per annum is to be applyed here in Yorkshire about or at Heworth c. the which doubtless will be as acceptable unto her and as much to 〈◊〉 as possibly can be imagined Now dearest Sir let me not be too much troublesom save only to wish you from his Divine Majesty for whose everlasting Glories greater Praise and Honour you do this most pious Action the happy Enjoyment of that Glory everlasting I would lastly advise you in Gods holy name to compleat the Business by drawing the formal writing as soon as possible without making any material Alteration from what you have already signed save only the Proviso above written I should be glad to know concerning the Receipt hereof and when Sir Miles and your Son are likely to attend you to finish the Business as also when Mr. Pierpoint shall be arrived These good Religious are very desirous with your Approbation and Mrs. Bed at my coming from her wished the same to try for a Removal to Mr. Dawson's th'impediments here being essential as the house incapable to receive more Scholars with many other Inconveniences also Time permits no more only we again express our earnest desires to see your Honour here with my Lady as the greatest Satisfaction we can desire I remember you hinted to Mrs. Beding not long since that perhaps you might see her at Hammersmith and how much easier you may come hither we earnestly beseech you to take into Consideration to the Purpose Most honoured Sir Your Honour 's most obliged faithful Servant JO. PRACID L. C. J. I think 't is pretty plain there was a Design of erecting a Nunnery Mr. Serj. Maynard If England is converted then the whole 90 l. a year to be employed in Yorkshire about a rotten House which would be much for Gods Glory L. C. J. What other Evidence have you Mr. Recorder If your Lordship please we have another Letter Dated from York Castle and the backside of the Letter is indorsed by Sir Tho. Gascoyne's own hand the time when he received it L. C. J. When was it Mr. Recorder The last May he dates it from York Castle where he was in Prison and therein gives Sir Thomas an Account of the Opinion of the Doctors of Sorbonne about the taking the Oath of Allegiance L. C. J. No Doubt all of them do not approve of it Mr. Just. Dolben As I believe this same Pracid was the Occasion of so many Gentlemen refusing the Oath of Allegiance I convicted above 40 of them in that County for not taking of it Mr. Serj. Maynard Noscitur ex comite You see if this
does behave himself under that prosecution all that he hath he is willing to part with for payment of his Debt he makes over his Estate for satisfaction and security and does as much as an honest man can do all he hath shall lie at stake and as for Sir Thomas Gascoyne himself he had no such Opinion of him in poinâ—… of dishonesty for he declared he lived in his service without exception and said before the Council he knew nothing of dishonesty by him but only this Information and now he found him to be what he always thought a great fool Now whether he thought him a fool for telling this story or what else you may explain the meaning of his Expression But as for any thing of dishonesty there is nothing against Mr. Bolron He was in Debt 't is true but what he had lay at stake for the payment of it and as far as it would go Sir Thomas might take it but that for malice he should come to swear against him there is nothing clearly made out One Witness says indeed that he should say Does Sir Thomas Gascoyne intend to sue me then I will do what I did not intend to do whether that be a speech of malice or no or rather does confirm the truth of his Evidence is left to your Consideration It shews rather there was something that he had in his power to do before any prosecution from Sir Tho. Gascoyne or any occasion of his malice against him It hath not the necessary import of a malicious speech that he did intend not to do such a thing and because he was sued did do it that therefore is only malice and no truth For the other matter that is said against him that he should endeavour to suborn his Wife to swear falsly that was by no means fully proved but rather that matter hath been sufficiently cleared that though she said she knew nothing yet he would have her go though she said nothing and you hear what the Evidence hath been for Mr. Bolron that he never did press her to swear falsly nor threaten her if she would not but only desired her to declare her knowledge if she knew anything the truth and nothing but the truth These are all the Objections made against the credit of the Witnesses and I think if their credit do stand you cannot have a clearer Evidence to convict any one than hath been given you to day but that we leave to you and submit these Objections whether they have any weight in them and whether they have not been fully answered Mr. Serg. Maynard And our Evidence is given in all upon Oath and their's is not Mr. Just. Jones Gentlemen you of the Jury the Prisoner at the Bâ—… stands indicted for High Treason and for High Treason of the highest nature for Conspiring to take away the Life of the King and for endeavouring to Change the Religion the Protestant Religion into Popery that is contriving to Extirpate the Religion of Protestantism here and introduce Popery instead of it and certainly greater Crimes than these no man can be accused of There have been produced on the behalf of the King two Witnesses Mr. Bolron and Mr. Mowbray both of them servants to Sir Thomas Gascoyne the Prisoner and therefore might very possibly and probably enough be privy to all they have said andtestified in this case It does appear by them both that Sir Thomas Gascoyne was a very early man in the Plot if they say true We heard nothing of it till the long Vacation 78 but it seems Sir Thomas Gascoyne was a Plotter and Conspirator in the year 75 or 76 And that he might be able to do this somewhat more safely he contrives how he might convey away his Estate to prevent the forfeiture and he makes an Assurance of it to Sir William Ingleby colourably as the Witnesses swear for 1000 l. And it does appear likewise as to the Introduction of the Popish Religion here they began to settle a Nunnery and it was fit to do so against England should be converted First in such a place but if it happened England were converted then to be removed to another place There was at this Nunnery appointed an Abbess an assistant and several Nuns and Sir Thomas Gascoyne so well knew of this that one of them that was appointed to be a Nun at the time of her taking Horse he said to her there goes an old maid and a young Nun. And there are Letters come from that very Nunnery and from the Priest that was appointed to attend them as Confessor which have been read to you and there is another preparation thought necessary to introduce this Plot and that is that all Papists might be seduced into an Opinion that it was a dangerous thing to take the Oath of Allegiance and that it was a damâ—…able 〈◊〉 For this purpose Letters came from the Doctors at Sorbonne and they determine it to be so lest any man of that Religion should be so good a Subject as to profess Obedience to the King in Temporals Then the Plot goes on between Sir Miles Stapleton Sir Francis Hungate Sir Charles Vavaser Sir Thomas Gascoyne Mr. Gascoyne Middleton Rushton my Lady Tempest and a great Company more all met together and consulting in Sir Thomas Gascoyne's house in his great Room his old Dining Room to this purpose not only to bring in their Religion but kill the King expresly so says the Witness I think they had often talked of it before the Witness in the Priests Chamber for he being then a Papist was privy to his Masters design and the rest of the Confederates for killing the King which was the only thing they desired to effect as the best way to bring in their Religion and there was great reason to do it they said too for the King had not kept his word with them when he was in his Exile for they said he had promised if he was restored to his Kingdoms he would restore the Pepish Religion but now he was returned and had broke his promise and nothing more was to be done the Pope having declared him an Heretick but to destroy him and this was that which was agreed among them The 30 th of May last after diverse other Consults had about it the Priest Rushton being at Sir Thomas Gascoynes house Bolron is desired to go into the Gallery and there presently comes in Rushton Sir Thomas's Priest Bolron acquaints him that he had been at the Sessions and taken the Oath of Allegiance assoon as ever he heard it he cries out he had committed a damnable sin he must of necessity renounce it and repent of it and he could give him a Pardon for he had an extraordinary power more authority than others he could give him Absolution if he did repent of it and that no Catholick must by any means take the Oath A while after they had a discourse concerning killing the King and the