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king: and that he heard sir Thomas Gascoigne / expression; but as for any thing of dishonesty, himself declare that it was a meritorious act there is nothing against Mr. Bolron. He was to kill the king; and that as before he had the in debt, it is true, but what he had lay at stake oath of secrecy given him by Rushton, su he for the payment of it, and as far as it would go did declare (which Mowbray standing at the sir Thomas might take it; but that for malice door heard) that he would never swerve from he should come to swear against him, there is the oath, but he would assist to the utmost of notbing clearly made out. One witness says, his power; and they that were with him said, indeed, that he should say, Does sir T. Gasthey would stand by it with their lives and for coigne intend to sue me, then I will do what tunes; and when my lady Tempest understood I did not intend to do. Whether that be a he was there, and was jealous of him, she bid speech of malice or po, or rather does confirm him go down, and entertain the guests below the truth of his evidence, is left to your core stairs. So here is an evidence from two wit- siderativn: It shews rather, there was somenesses as full as can be in any case, that sir T. thing that he had in his power to do before any Gascoigne was privy to the conspiracy, and prosecution from sir T. 'Gascoigne, or any ochimself partaker of it, to kill the king. All casion of his malice against bins; it hath not that hath been said against them, is to vilify the necessary import of a malicious speech, their reputation. As to Mowbray I hear but that he did intend not to do such a thing, and little, only there are two witnesses that touch because he was sued did do it; that therefore him; and indeed if these witnesses were to be is only truth, and no malice. For the other believed, they say a great deal; that is, they matter that is said against him, that he should were in an alehouse together, and beard them endeavour to suborn bis wife to swear falsely, conspire to take away the life of sir T. Gas- that was by no means fully proved, but ratber coigne. Indeed Mowbray said, for sir T. Gas- that matter hath been sufficiently cleared ; that coigne, I know nothing but that he is a very ho- though she said she knew nothing, yet he would nest gentleman, but for my lady Tempest, if I have her go, though she said nothing; and you could bang her I would: that they should hear hear what the evidence hath been for Mr. Bolthem contrive this togetber, and conspire how ron, that he never did press her to swear falsethey should take away the lives of this gentle- ly, nor threaten ber if she would not, but only man, and the others. Indeed, if these men say desired her to declare her knowledge if she true, it is a great matter to take off the credit of knew any thing, the truth, and nothing but the testimony; but you heard, gentlemen, how truth. These are all the objections made they did vary; for the one said, as I appre against the credit of the witnesses; and I think hended, at first he was in the room, afterwards if their credit do stand, you cannot have a he was below stairs. Ask the one, could you clearer evidence to convict any one than bath hear them? Yes. Could you see them? Ño; been given you to day; but that we leave to said the other, Yes. So that they were not you, and submit these objections, whether well provided, as to that matter, nor had they they have any weight in them, and whether consulted that point well, where they should they have not been fully answered. agree to stand to overhear the matter. Now Serj
. Maynard. And our evidence is given if that be likely, they should in the presence of in all upon oath, and their's is not. two persons whom they did not know, and one Just. Jones. Gentlemen, you of the Jury : of them they never saw, but in the court, de- The prisoner at the bar stands indicted for clare and discourse of such a matter as this for high treason, and for high treason of the bighest the taking away the life of sir T. Gascoigne, nature, for conspiring to take away the life of then we have nothing to say to them, we must the king, and for endeavouring to change the leave the credit of that to you; you will ob- religion, the Protestant religion into Popery; serve their variety in the story, anú the impro- that is, contriving to extirpate the religion of bability of the thing. But then for Mr. Bolron, Protestantism here, and introduce Popery inthe evidence against him is, that he is a very stead of it; and certainly greater crimes than dishonest man, and that this is all out of malice these no man can be accused of. There hare to sir T. Gascoigne, because he would sue bim been produced, on the behalf of the king, two upon his bonds. You observe how he does witnesses, Mr. Bolron and Mr. Mowbray, both behare himself under that prosecution; all that of them servants to sir T. Gascoigne the prisohe bath he is willing to part with for payment ner, and therefore might very possibly and proof his debt; he makes over his estate for satis- bably enough be privy to all they have said and faction and security, and does as much as an testiñed in this case.' It does appear by thern bonest man can do, all be bad shall lie at stake: both, that sir T. Gascoigne was a very early and as for sir T. Gascoigne himself, he hath no man in the Plot, if they say true. We heard such opinion of him in point of dishonesty, for nothing of it till the long racation, 1678; but be declared he lived in his service without ex. it seems sir T. Gascoigne was a plotter and ception, and said before the council, he knew conspirator in the year 1675 or 1676. And that nothing of dishonesty by him, but only this in- he might be able to do this somewhat more formation, and now he found him to be (what safely, he contrives how he might convey away he always thought) a great fool. Now whether bis estate to prevent the forfeiture; and be be thought him a fool for telling this story, or makes an assurance of it to sir William Inglewhat else, you may explain the meaning of bis by, colourably, as the witnesses swear, for
1,000l. And it does appear likewise, as to the Tempest, one of the conspirators, taking nointroduction of the Popish religion here, they tice of his being there, sent bin down stairs. began to settle a nunnery, and it was fit to do Justice Pemberton. That is Mowbray. so against England should be converted; first, Mr. Mowbray. I was called into the room, in such a place: but if it happened England and then sent down. were converted, then to he removed to another Justice Jones. It is true, brother, that was place. There was at this nunnery appointed Mowbray : but as to Bolron's discourse with an abbess, an assistant and several nuns; and Rushton; when sir T. Gascoigne, who was not sir T. Gascoigne so well knew of this, that one in the house at the time Bolron was with Rush. of them that was appointed to be a nun, at the ton, but bad given a charge he should not go time of her taking horse, he said to her, "There before he spoke with him : when he did come goes an old maid and a young nun.' And home and spoke with him, he takes upon him there are letters coine from that very nunnery, to go on with the discourse conceroing the Plot, and from the priest that was appointed to at and he swears positively that he offered he tend them as confessor, which have been read would give him 1,000l. and this he swears he to you. And there is another preparation should have paid him in London. This is exthought necessary to introduce this Plot, and pressly the iestimony of Bolron. Now what that is, That all Papists might be seduced into says Mowbray? He tells you (though that is an opinion that it was a dangerous thing to but introduction to make his evidence more take the oath of allegiance, and that it was a probable) that there was great resort of priests damnable sin. For this purpose letters came to the prisoner's house. He tells you of the from the doctors at Sorbonne, and they deter- discourse and consultation the priests had in mine it to be so, lest any man of that religion the house, and that it was expressly and preshould be so good a subject as to profess ohe- cisely for killing the king. He tells you, that dience to the king in temporals
. Then the Plot he did stand at the door and heard it, as I obgoes on between sir Miles Stapleton, sir Francis served before ; and he tells you too, which hath Hungatt, sir Charles Vavasor, sir T. Gascoigne, not been observed, that at that time there was Mr. Gascoigne, Middleton, Rushton, my lady produced a list of four or five hundred persons Tempest, and a great company more; all met that had engaged in the design of killing the together and consulting in sir T. Gascoigue's king: he did see the list, he did see sir T. Gas. house, in his great room, his old dining-room, coigne's hand, which he very well knew and to this purpose, not only to bring in their reli- was acquainted with, and which might very giòn, but kill the king expressly (so says the well be, being his servant. So that here is not witness). I think they had often talked of it only a discourse and agreement by paroll, that before the witness in ihe priest's chamber; for he should be in the conspiracy; but if you behe being then a Papist was privy to his master's lieve him, he says, that here is actually the design, and the rest of the confederates for hand of sir Thomas to the engagement to do killing the king, which was the only thing they the villainy; and truly they that were of that desired to effect, as the best way to bring in persuasion at that time, might easily be induced their religion; and there was great reason to to it. For it was agreed amongst them, that do it, they said too, for the king had not kept they should have a plenary indulgence of his word with them when he was in his exile ; | 10,000 years, and it was a meritorious act; for they said, he had promised if he was re- and though sir Thomas perhaps was not so stored to his kingdoms, he would restore the ready to contribute in all things, yet bearing of Popish religion ; but now be was returned and the meritoriousness of the act, and withal that had broke his promise and nothing more was ne should be canonized for a saint for this piece to be done, the Pope having declared him an of piety, he certainly might readily consent to beretic, but to destroy him ; and this was that it. Mr. Mowbray indeed was asked, Why he which was agreed among them. The soth of did not discorer it sooner? He tells you why, May last, after divers other consults had about He was in fear of the Papists; he was threatit, the priest Rushton being at sir T. Gascoigne's ened ; and very like he might be possessed with house, Bolron is desired to go into the gallery, fear, and so might a man of greater constancy and there presently comes in Rushton, sir Tho- till the business was discovered ; and therefore mas's priest; Bolron acquaints him that he had he did not talk of it in the country, but carne been at the sessions, and taken the oath of al- up here, where it was more safe to discover it, legiance. As soon as ever he heard it, he cries and hath been here ever since. Besides this out, He had committed a damnable sin, he testimony of these witnesses, gentlemen, there must of necessity renounce it, and repent of it, are some papers produced, some that mention and he could give him a pardon, for he had an money that hath been convered by sir T. Gasextraordinary power, more authority than coigne, in confirmation of the testimony of others, he could give him absolution if he did Bolron the first witness, who does swear that repent of it, and that no Catholic must by any he heard sir Thomas say he would send 3,0001. means take the oath. A while after they had to the Jesuits to go on and prosecute this Plot; . discourse concerning killing the king; and and afterwards he did hear bim say, he had the witness says indeed, he was not actually in sent the 3,000l. that he had promised. Now the room, for he says he stood at the door, and it does appear hy sir Thomas's almanack, that heard all the discourse, till at last the lady he had sent several sums; his receiver Phiswick had;
did speak of 6,000l. and he himself did give a interpret it that he would swear falsely to take "touch towards it. Indeed Phiswick was a re. away a man's life, and so commit both murder ceiver for sir Thomas, and likewise for his son, and perjury, is hard to infer and conclude from and for the lady Tempest ; but it is impossible, such doubtful words. There are some witif they had sent all the money that ever they nesses that tell you, that is, Moor and others,
and considering too that the lady Tem- that Bolron did say and swear that sir T. Gas. pest, as appears by the witnesses, lived in the coigne was never concerned in the plot : that country, that it could have amounted tu near might very well be, especially if you take the that sum of money; for she had 300l. a year, time when he did say this, he was a Papist a and the eldest son had but 4001, a year, how great wbile after sir Thomas had engaged him. then could 6,0001. be returned for them in four self in the plot; and while he was so, it is not years time? It is true, there is some answer | unlike he would venture an oath to save any of given as to that 9001. by that witness Hobart, the same persuasion and religion he himself was who says there was a suit, and 1001. a year de-of. But whatsoever he said, it was not judicicreed to be paid to Mrs. Appleby, sir Thomas's ally, he was not bound to discover to him be niece, for so many years, and he to take care spoke to; he is now upon his oath, and you of sending that to her : and though that was have heard what an express testimony he gives
. but 1001. a year, yet there was a decree, or As to what is said concerning his wife, that he some order, to pay the arrears with the other should endeavour to persuade her, contrary to inoney, which made it up 9001.
her knowledge, to give testimony against sir The evidence for the king against the pri- T. Gascoigne, and therefore he is not to be besoner is but two witnesses, but they as positive lieved here upon his own oath, who would have and express as possibly can be. What then is his wife forswear herself to fortify him ; there is said by the prisoner, or the witnesses, in his de- no such thing; and it does appear by the evifence? There is one, that is Shippon, that gives dence of those that are sworn, that he was some testiinony against the very evidence, and earnest, and would have his wife go and testisy the possibility of it to be true in one part of it: her knowledge ; but did not infuse or intimate for Bolron, he tells you, that the 30th of May any thing to her she should say, whether she was the time when there was that consult held did know it or no : And to assure you that, at sir 1. Gascoigne's in the gallery with the you have the oath of the woman herself
, who priest, that he staid there till night, and that hath been present here, and tells you the same then'sir Thomas talked with him, and made this thing. Dixon he comes and says, in August proffer to him for the murder and destruction last, Mowbray said he knew nothing of the of the king.
Here comes a witness, Shippon, prisoner, which may be answered by his fear; and tells you, that that very 30th of May, but concerning the two witnesses that Mr. Bolron was at his house at' 2 o'clock, and Solicitor did take notice, he did tell you, and it staid an bour or two after sunset. If that were is plain, how very improbable it was two pertrue that he were there all that time, it is not sons should speak in the presence of strangers, then true that he speaks of about sir T. and tell them they were about to take away the Gascoigne ; and it was impossible that he life of another person, the one of the lady Temshould be at the consult at that time when he pest, who had done him a displeasure, the other says he was there, and afterwards spoke to sir of sir T. Gascoigne; but Mowbray at that time T. Gascoigne. Now gentlemen, you have the said he knew nothing of sir T. Gascoigne; but, king's witness upon his oath; he that testifies gentlemen, besides what was said before, this is against him is barely upon his word, and he is improbable any such thing should be, and you a Papist too, for that he was asked, and he did hear the witnesses, at least one of them, that he 'confess himself so. I do not say that a Papist never knew one of the two. is no witness, a Papist is a witness, and he is a Mr. Bolron. I knew neither of them. witness in a Papist cause, and for a Papist; but Just. Jones. I should be very loth to omit I must tell you, there is less credit to be given any thing on the witnesses side, or that hath to a Papist in a cause of this nature, who can heen materially testified against them on the easily believe they may have indulgences and prisoner's. I did not conceive the evilence pardons enough for saring one from the gallows given by Mr. Pebles to come to any thing at all. avho is to be canonized for a Saint if the plut There was a discourse between Bolron and him take effect. He hath only affirmed it who is a at last assizes; after some talk Bolron tells bim Papist, the other who is a Protestant swears he had something to say to him, and what was what bis evidence is.
it? Bolron was told that he had discharged Mr. Babbington, who was the first witness some persons that he ought not to do, (excused examined for the prisoner, he tells you there them for money that did not take the path of had been some debates and differences about allegiance as they ought to have done) and it rent and money that was owing by Bolron to seems he did it here, and so far be went as to the prisoner. He laboured and interceded bring witnesses before the justices of peace to often on bis behalf; but at length not being prove it. And although they did not give evo able to prevail that he should not be sued, the dence against Mr. Pebles in that very parti
. witness swears, I will then do that which I did cnlar, yet certainly he thought they would have not intend to do. What he meant by it is said something ; but that does not argue at all, doubtful, and it is an ambiguous speech ; but to that because he did accuse Mr. Pebles (as he
thought justly in that particular), therefore, Mr. Babbington. But I bad sued him before that now be should falsly accuse sir Thomas in my lord. a matter that concerns his life so highly. There Just. Dolben. The 2d of June, he are some other things that were said by the Mr. Bubbington. I had direction long before witnesses that would tend towards the proving I did it. of some malice in the witnesses towards sir T. Just. Pemberton. They threatened hiin the Gascoigne, and therefore they give in this evi. 2d, but they did not do it. But look you, gendence: One thing indeed was spoken by tlemen, consider this; I do not doubt but sir Hickeringil; that is, it was generally reported T. Gascoigne was sure that this man durst not in the country, that Mowbray had taken away discover any thing of this, for tbey had given money from sir T. Gascoigne, and that Mow. him the sacrament and an oath of secrecy, wbich bray himself said, that as they had endeavoured they look upon as a tie, among themselves, as to take away his fame and life, now he had found long as they continue in that religion, not upon an opportunity to require them. So saith the any account whatsoever to be undone ; and witness, but it is not very probable. I leave it they have such confidence in it, that they will with you upon the credit of the witnesses for trust their lives and every thing in a man's hand the king, who have sworn it upon their oaths, when they have given that oath. Alas! how and the others that go upon their words, and could these people have the confidence to plot not their oaths, whether they have taken away one with another, as they do, when they know the force and strength of the king's evidence, their lives are in the hands of any one of all the which is as full, express, and positive as can be rest, but upon this account? Do but swear them by two witnesses.
unto secrecy, and gire them the sacrament of the Gentlemen, here is on the one side the life of mass upon it, and then they think such a one an ancient gentleman before you : on the other is proot enough against any ibing in the world side there is a conspiracy against the life of the for that is damnation if they break it, as their king, who is the breath of our nostrils, and priests tell them ; but I doubt not but sir Thowhom God long preserve. I know you being mas thought he had them as fast as can be upon upon your oathis will take into your considera that lock. But as to sir Thomas's evidence of Lions both, and give a verdict according to the those two men at Leeds, this is after the acevidence you have heard.
cusation of sir Thomas that they spake of; and Just. Dolben. I will tell you gentlemen, I can any man alive believe that they would go cannot forbear saying one thing to you. There and plot to contrive the death of these two peris some evidence that ipakes it a very impro. sons in the face of two strangers, after he was bable thing to be true what Mr. Bolron haih accused? It is so strange an evidence, that no said; and yet Mr. Bolron having said it so man alive can believe it to be truth. Look positively, and Mowbray agreeing with it, you, gentlemen, persons that go to contrive probabilities must give way to positive proofs. such things as these are, go in secret, and hope I saw you did observe it when it was mentioned: they should never be discovered, but by one of and it is true, to me it seems improbable, that themselves. Who would contrive when two be at the very same time that sir Iho. Gascoigne by? and, if they say true, might see them as should sue him upon his bond, and take a course well as hear them ? though' they did contradict to turn him out of his house, that he should one another in their evidence; the one said he then be privy to such a conspiracy; it is impro- was above, the other said he was below; the bable either that sir Thomas should offer him one said he might see them, the other not. such a sum of money to kill the king, or if he Look you, gentlemen, I do see that they do lay bad, that he should afterwards take that course some stress upon this, that he was his debtor, at law against him. Now for that I say this to for that they seem to prove by their witnesses ; you, you are to give a verdict according to your but you must lay no great stress upon that at all, evidence. They have such secret contrivances for the money were not quit if sir Thomas were amongst themselves, (and he was a papist at found guilty; the money is due the king then that time) that where there are two men that he saves nothing by it, bis money must be paid; positively tell you a thing that lies within their let the prisoner be found Guilty, or not Guilty it own knowledge, and swear it is true, it is scarce is all one to him. You must consider this case, any improbability that should weigh against gentlemen : if you believe these men are perjured such an evidence.
men, and have gone and contrived a malicious Just. Pemberton. And, gentlemen, consider design against a man's life, then God forbid they withal as to that; for truly my brother Dolben shouldbe believed anyway:but it is a positive erihath rightly minded you of that improbability, dence; and it isnot an evidence barely of itself, for it was no more: but then you must con- but introduced by a great inany circumstances sider all the circumstances. It is indeed at the that went before; they tell you the whole affair first blush improbable that a man would com- that it does seem they have been privy to the municate so great a secret to another, if he did affairs of these Jesuits all along, and sir Tho. intend to sue hiin for money he owed him; but Gascoigne's house hath it seems abounded with then it is likewise as improbable that he would them; he hath been very beneficial to that sort provoke hird by a suit if his life were in his hand; of people, mighty charitable, as they call it, in but consider the delivering of the lease of eject- superstition; and you must consider, that noment, aud those things were the 13th of June. thing can seem strange to them wat will be VOL. VII.
ridden by priests; they put them upon all the Just. Pemberton. Ay, we will stay and hear immoralities and villainies that can be found motions a little while. out for the cause of religion, as they call it; Then the jury withdrew from the bar, and nothing can seem strange that is testified against after half an hour returned again, and being them. Therefore I must leave it to you, upon called over gave their verdict thus : what you have heard, and upon their credit, whether you believe ihe witness or not.
Cl. of the Cr. Sir Thomas Gasooigne, hold Just. Jones. Ay, it is left upon their credit up thy hand. Look upon the prisoner: How that are your own countrymen, better known say you? Is he Guilty of the High-T'reason
whereof he stands indicied, or Not Guilty? to you than us. just. Dolben. Look you, sir Thomas Ilodson,
Foreman. Not Guilty. and the gentlemen of the jury, if you will come
Cl. of the Cr. Did he fly for it?
Foreman. Not that we know of. in again in any time we will stay in court, otherwise you must lie by it all night, for we can Then the Verdict was recorded, and the take no privy verdict in this case.
265. The Trial of ELIZABETH CELLIER, at the King's-Bench, for
High Treason : 32 CHARLES II. A. D. 1680. AFTER the Jury were sworn, the clerk of the ously consulted and agreed to bring the said crown read the Iudictment, viz:
lord the king to death and final destruction, and The jurors of our lord the king do present, to depose and deprive him of his crown and that Elizabeth Cellier, wife of Peter Cellier, government, and so introdace and establish the late of the parish of St. Clement Danes in the Romish religion in this kingdom; and the county of Middlesex, gent. stands indicted, sooner to fulfil and effect the same most wicked for that she as a false traitoress against our treasons and traiterous imaginations and purmost illustrious and excellent prince, king poses, the said Elizabeth Cellier, and other un, Charles 2. her natural lord, not having God be known traitors, then and there did contribute, fore her eyes, not weighing the duty of her al- pay and expend divers great sums of money to legiance; but by the instigation of the devil several unknown persons, to procure them moved and seduced, and the cordial love and traiterously to kill ibe said king, and introduce true due natural obedience which all faithful the Romish religion in this realm ; and for the subjects of our said lord the king towards bim better concealing of the treasons aforesaid, the should bear, and of right are bound to bear, said Elizabeth Cellier then and there did pay utterly withdrawing, and devising, and with all and expend to divers other persons unknown, ber might intending the peace and common divers other sums of money, fálsly to impose the tranquillity of this kingdom to disturb, and said treasons upon some other persons ud. to bring and put our said lord the king to death known, against the duty of her allegiance, and and final destruction, and the true worship of against the peace of our lord the king, his crown God in this realın by the law established and and dignity, and against the form of the statute used, to alter to the superstition of the church of in such case made and provided, &c.” Rome; to move and stir up war against the king is this kingdom, and to subvert the govern
John Gadbury sworn. ment of this realm; the 1st day of November, L. C. J. (sir William Scroggs.) Mr. Gadin the 31st year of the said kilig's reign, at the bury, What do you know concerning this parish of St. Clement Dane aforesaid, when ploi? divers other false traitors unkoown, traiter- Gadbury. I know nothing of it, neither one ously did compass, imagine, and intend the way nor another. killing, death and final destruction of our said L. C. J. Do you know of any contrivance of lord the king, and to change, alter, and utterly Mrs. Cellier's to kill the king? to subvert the ancient government of this realm, Gadbury. No, rather the contrary. and to depose, and wholly to deprive bim the L. C. J. Do you know of any attempts to said king of his crown and government of this change the government? kingdom, and to extirpate the true religion Gadbury. I will tell your lordship what I do within this realm established, and so fulfil and know, if these gentlemen will not be too nimble accomplish the same most wicked treasons and for me. I have suffered a great deal of prejutraiterous imaginations and purposes, the same dice of late in relation to a plot, as if I had Elizabeth Cellier, and other false traitors un- known of a plot; but God is my witness, I known, the said 1st day of November, in the know of none, unless it were a plot to bring sir 31st year aforesaid, with force and arms, &c. Robert Peyton over to the king's interest
. That at the parish of St. Clement Danes aforesaid, plot I had some concern in, and had some advisedly, devilishly, maliciously, and traiter knowledge of Mrs. Cellier's concern in it; but ously assembled, united, and gathered them- she was so far from doing any thing against the selves together, and then and there devilishly, king's interest, that she was willing to bring advisedly, maliciously, cunningly, and traiter over with him the three gentlemen turned out