An exact abridgment of all the trials (not omitting any material passage therein) which have been published since the year 1678: relating to the popish, and pretended Protestant-plots in the reigns of King Charles the 2d, and King James the 2d.

The Trial of Sir Thomas Gascoyne, Bar At the King's-Bench-Bar at Westmin∣ster, before the Ld. Ch. Justice Scroggs, on Wednesday, Feb. 11. 1679.

THere the Prisoner was arraigned upon an Indictment for High-Treason, for con∣spiring the Death of the King, the Subversion of the Government and the Protestant Religi∣on, on Saturday January 24, 1679. To which he pleaded Not Guilty, desiring a Jury of his own Country-Men, which was promised him; and some Friend to assist him, because he was deaf, being above 85 Years of Age.

On Wednesday Feb. 11, following, the Pri∣soner being brought to his Trial, the Jury sworn after several Challenges, were

• Sir Thomas Hodson,
• Richard Beaumount, Esq
• Stephen Wilks, Esq
• Jervas Rockley, Esq
• Robert Leeke, Esq
• William Batt, Esq
• Charles Best Esq
• John Cross, Esq
• Barton Allett, Esq
• William Milner, Esq
• John Oxley, Esq
• Francis Oxley, Esq

To whom the Indictment being read, Mr. Dor∣mer, Serj. Maynard, and Mr. Attorn. Gen. opened the same.

And then Mr. Bolron being sworn, deposed, that he came to live with Sir T. Gascoyne, in 1674, as Steward of his Cole-works, and in 1675, he being fearful of his Estate, lest it might be liable to be forfeited to the King, he

was a Witness to a collusive Conveyance thereof, and saw him colourably receive 1000 l. of Sir William Ingleby, he and one Matthias Higgringil, helping to count the Money. In 1676 he heard the Prisoner say to one Christopher Metcalf, that he was resolved to send 3000 l. to the Jesuits in London, for the carrying on of the Design; and that he would return it by 300 l. at a time, to prevent Suspicion, by the hands of Richard Phisicke; and about the beginning of (77) he heard the Prisoner say, that he had returned it, and that if it had been a thousand times as much, he would be glad to spend it all in so good a Cause. In (77) that there was a Consult at Barnbow-Hall in Yorkshire (which is the Prisoner's House) where was Sir Miles Stapleton, Charles Ingleby Esq Esquire Gascoyne, the Lady Tempest, Thomas Thwing, Sir VValter Vavasor, Sir Francis Hungate, Mr. Middleton, Robert Killinbeck a Jesu∣it, and VVilliam Rushton a Priest; their discourse was about establishing a Nunnery at Dolebank, in hopes that the Plot of killing the King would take effect; resolving they would venture their Lives and Estates to further it. And the Prisoner concluded to 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. Accordingly the Prisoner did erect a Nunnery at Dolebank near Ripley, where Mrs. Lashalls was Lady Abbess, Mrs. Beckwith and Mrs. Benningfield her Assistants, Ellen Thwing, Eliz. Butch∣er, Mary Root & others were Nuns; here they were to reside till the King was kill'd, and then to re∣move to Heworth near York; and here they did

reside near a Year and an half till the Plot was discovered, and he had seen several Leters from them to the Prisoner—That about March last Esquire Gascoyne and Mr. Middleton got Licences from a Justice of Peace to travel to London, and he heard them tell the Prisoner they designed to fly into France; and accordingly sold off their Goods; the Prisoner approving their Resolu∣tion. —That on May the 30th last, the Priso∣ner bid the Witness go into the Gallery, where one VVilliam Rushton his Confessor came to him, and discours'd him about his having taken the Oath of Allegiance, telling him it was a damna∣ble Sin, he having thereby denied the Power of the Pope to absolve him from it; but that the Pope had Power to depose the King, and had done it, and that it was a meritorious act to kill the King; and if he would undertake to do it, he would assist him, and give him Absolution: quoting that Scripture, Thou shalt bind their Kings in Fetters, and their Princes in Chaines; con∣cluding that the King was deposed, and it was meritorious to kill him, and that unless he would turn Roman Catholick, the Pope would give away his Kingdoms to another.—The same day the Prisoner talked with him in his Cham∣ber, and inquired of him what Rushton had said to him; which he told him; and then taking him by the hand, the Prisoner told him, if he would undertake a design that he and others had to kill the King, he would give him 1000 l. but refusing to be concerned in Blood, he desired him of all Love to Secresy.—That in September 1678. he heard the Prisoner tell his Daughter,

Lady Tempest, that he would send 150 l. to Dole∣banke, in hopes the blow would be given shortly; which she seemed to like; and he heard a Letter read afterwards from Cornwallis that he had re∣ceived it, but it was too little for the carrying on so great a Design. That he was a Protestant when he came first to the Prisoner's Service, and turn'd Papist about VVhitsontide, 1675. and left his Service in good Friendship, July the 1st, 1678. and turn'd Protestant again in June 1679. when he first made this discovery.

Mr. Mowbray deposed that he came to lie with Sir Tho. Gascoyne the beginning of 1674. and used to wait upon him in his Chamber, and to be diligent in attending Mr. Rushton, his Con∣fessor, at the Altar, who therefore permitted him to be present in his Chamber, where he heard him and other Priests discoursing in 1676 of a Design laid for setting up Popery, and how likely it was to succeed, most of the considera∣ble Papists in England having engaged to act for it, and if it could not be done by fair means, force must be used; declaring that London and York must be fired; and that the King in Exile had promised the Jesuits beyond Sea, to esta∣blish their Religion, whenever he was restored, which they now despaired of, and therefore he was adjudged an Heretick, and was to be killed; and Rushton told the other Priests that according to Agreement, he had given the Oath of Secre∣sy and the Sacrament to the Prisoner, and his Son and Daughter, who had engaged to be faithful, active and secret. That about Mi∣chaelmas there was another meeting of these

Priests and others; where they declared, that the King was an Heretick, and that the Pope had excommunicated him, and all other Here∣ticks in England, Scotland and Ireland, and that force was to be made use of. And then did Rushton produce a List of about 4 or 500 Names, of them that were engaged in the Design of kil∣ling the King, and promoting the Catholick Re∣ligion; which Rushton read over, among which were the Names of the Prisoner, Tho. Gascoyne Esq the Lady Tempest, Mr. Vavasor, Sir Francis Hungast, Sir John Savile, the two Townleys, Mr. Sherborn and others; and he knew the Prisoner's Name to be writ by his own hand. They de∣clared also, that the Pope had given Commission to put on the Design with speed; and had given a plenary Indulgence of 10000 Years, for all that should act either in Person or Estate for killing the King, and setting up Popery in England, besides a Pardon and other Gratifications. That the Priests that used thus to visit Rushton, were one Addison, Fincham, Stapleton, Killingbecks, and Thwing the elder.—That about the same time he heard the Prisoner, the Lady Tempest, Sir Miles Stapleton, Dr. Stapleton, and Rushton discoursing the same things, and unanimously conclude, that it was a meritorious Undertaking, and for the good of the Church, wherein they would ven∣ture their Lives and Estates.

Then Sir Thomas Gascoyne's Almanack was pro∣duced, and several short Notes read out of it, which he owned to be writ by himself, viz. The 15th to Peter for a 100 l. to Corker. — Q. of Mr. Corker, what Bills, for how much, and to whom di∣rected,

he hath received of me since July the 21st, 1677. to June 1678. Vid. the Book, p. 45. and the great Book fol. 54. where you may find 8 for 900 l. and agree in this account Corker, the 7th of Au∣gust 1678.—Take Heworth at easy rent of the Widow, and purchase the Reversion of Craddock— and in the interim Dawson.— Mr. Harcourt, next house to the Arch within Lincolns-Inn-Fields, Mr. Parrs.—April the 15th, 1676. Memorand. A∣quaint Mr. Thomas Thwing with the whole De∣sign. Concerning all which the Prisoner gave but a very shuffling account.

Then two Letters from Placid, alias Cornwallis, to Sir Tho. Gascoyne, and found among his Pa∣pers by Bolron, were read. The first was dated from Dolebank, June the 9th, 1678. expressing Thanks for his charitable Favours; and speaking of a Proviso to be inserted into the formal Wri∣ting, viz.

That if England be converted, then the whole 90 l. per annum is to be applied here in Yorkshire, about, or at Heworth, &c. —requesting the formal Writing might be drawn as soon as possible, and without making any material Alteration from what he had al∣ready signed, save only the Proviso above written.

—The other was dated from York-Castle, May the 24th, wherein he acquaints him with his Confinement and others, and how chearful they were, in hopes God would make all Catholicks of one mind; for that he had a Letter from their Superiour at London (who was the same day taken and carried to Prison) where∣in he declares; alledging Authority,

That the pretended Oath of Allegiance cannot be taken,

as it is worded, adding, that three Breves have formerly been sent from the Pope, ex∣presly prohibiting it; and in the third it is de∣clared damnable to take it. And that the day before they had a Letter communicated to them, sent by Mr. Middleton (now at Paris) to his Friends here, containing the Attestation of all the Sorborn Doctors against it; adding, that whosoever here in England give leave, they deceive the People, and are contrary to the whole Church. That there was also a meeting some Years ago, of all the Superiors both Secular and Regular, wherein it was unani∣mously declared that it could not be taken, &c.

Then Mr. Phiswick deposed that he had re∣turned great sums of Money for the Prisoner at London.

To all this the Prisoner in his own defence, called several witnesses against the Credit of the Kings Witnesses, who had deposed this against him.

Mr. Babbington testified that there was, last Spring, some Debates and Differences about Rent and Money that was owing by Bolron to the Prisoner. That he (being the Prisoner's Attor∣ney) laboured and interceded often an Bolron's behalf, but at length not being able to prevail that he should not be sued, Bolron swore that he would then do that which he did not intend to do.

Obadiah Moor said that Bolron got him to be bound with him, telling him he needed not fear any Suits, because if Sir Thomas sued him, he would inform against him for keeping Priests. And that since he discover'd, he desired him to

be kind, and not to harm him, because he had often denied, and sworn it, that Sir Thomas was not concerned in this Plot.

Stephen Thompson said, that he also being bound with Bolron for the Mony, he urged him for Paiment; who on Holy-Thursday told him, that if Sir Thomas did sue him, he would do him an ill turn.

William Blackhouse said, that when he went to fetch Bolron and his Wife to testify what they knew, before a Justice of Peace; that Bolron's Wife said she knew nothing against Sir Tho. Gascoyne; but Bolron said she must go, or he would have her drawn at the Cart's Arse.

— Hamsworth said, he heard Bolron threaten his Wife to tie her to the Horses Tail, if she would not go to swear against the Prisoner, against whom she said she knew nothing.

Nicholas Shippon said that on May the 30th last, Bolron was at his House from two a Clock till an hour after Sun-set; which Bolron denied, saying, he was not there above half an hour, being the rest of the day at Sir Tho. Gascoynes seeing them mark Sheep.

Roger Gresson said, that in August last, Bolron being newly come from London, and he inquiring how Sir. Tho. Gascoyne did (who was then in the Tower) he told him he was well, and may come off well enough, but it would, cost him a great deal of Mony.—And that the King was at Windsor, where one of the privy Council made an attempt to stab him, but the King made his escape, and how they would believe his Infor∣mations the better.

James Barlow appeared to have spoken to a Combination between him and Mowbray to have wrong'd the Prisoner of some Mony; but he being a Person concern'd with the Prisoner in the Plot, was not suffered to speak.

George Dixon, a Cloth-worker in Leeds, said he saw Mowbray and Bolron a drinking in August last, at William Batley's near the Old Church in Leeds, and over-heard them, contriving to swear against the Prisoner and the Lady Tempest; but Mowbray said he knew nothing against Sir Tho∣mas; but that if he knew any thing against the Lady Tempest, he would discover it; for he would hang her if he could.

William Batley testified the same; only they contradicted one another; this Man saying they stood at the head of the Stairs, the other at the foot; one saying they could see them, the other that they could not.

Mrs. Jefferson said, that in August last, she heard Mowbray say that he thought Sir Tho. Gas∣coyne was an honest Man, and wrongfully ac∣cused.

Matthias Higgringil said that in September last Mowbray and Mr. Legat being at an Ale-house, consulting how to disgrace the Prisoner, and take away his Life; Mowbray called him aside, and told him, now he should match them (mean∣ing Sir Tho. Gascoyne and the Lady Tempest) for that they had done what they could to disgrace him (he having been charged with taking away some Silver and Gold) but now he would re∣quite them.

Francis Johnson only said the prisoner had sustained Losses by Bolron, but knew of no Ma∣lice between them.

Mr. Pebles, Clerk of the Peace in the County of York, said he met with Bolron last Assizes at York, and after some discourse Bolron told him he had something against him; and afterwards got a Warrant of the Council against him; for keeping a Man from taking the Oath of Alle∣giance for Mony;— but could never prove it; and that he had an inn same in the Country.—But Bolron said one confessed to the Justice, that he had given Pebles 40 s. but would not swear for what.

Hardwicke spoke only to the Unwillingness of Bolron's Wife to go to swear before a Justice of Peace.

William Clow said he had a Writ against Bolron at the Suit of Higgringil (a Servant to the Pri∣soner) which was served upon him, May the 22d last, and he begg'd he might not go to Goal till Higgringil came, for he would make Sir Thomas pay his Debt for him, or he would play him such a trick as he little dream'd of.

Mr. Hobart then gave some account of the Mo∣ney returned by the Prisoner to London, he having drawn the Receipts for it, which was re∣turned by Mr. Corker for the Prisoners Neece Mrs. Apleby, who was beyond Sea.

Then a Woman witnessed, that Mowbray was suspected of stealing, while he lived with the Prisoner; and proffered her 5. l. to have gone away, intending (as he told her) to have clap∣ped her in Prison, and laid it upon her.

Then the Prisoner having no more Witnesses, and referring himself to the Judgment of the Court; the Kings Counsel endeavoured to vin∣dicate the Credit of their Witnesses; and first Sir John Nicholas (Clerk of the Council) de∣posed that the Prisoner did before the Council say that he had nothing to say to Bolron's Ho∣nesty, till of late that he had not behaved him∣self so well in giving Informations against him. But he did find him now, what he did always take him to be, a Fool: And that he denied at first that he knew Rushton the Priest; and after∣wards the next time he came to the Council, he said he did deny it, because he was afraid of an old Law against harbouring of Priests.

Mrs. Bolron also deposed that her Husband ne∣ver threatned her, if she would not swear against the Prisoner.

Mrs. Bolron sen. (Mr. Bolron's Grandmother) swore the same; and that she heard the Prisoner say Mr. Bolron was an honest true Servant; and he would do any thing he could for him.

Mr. Phiswicke also deposed that he knew no ill by Mr. Bolron, but that he was an honest Man.

After this Serj. Maynard, Mr. Sol. Gen. Mr. Justice Jones, Mr. Justice Dolben, and Mr. Justice Pemberton summ'd up the Evidence (the Ld. Ch. Justice having been some time before gone off the Bench, being to sit at Nisi Prius at Guild-hall) And then the Jury withdrew for about half an hour, and then brought the Prisoner in Not Guilty.