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graze, and

Justice Jures. What did he say to you

u ? he be convicted, but then it is the king's in my Higgringil. He said, they did what they opinion. Nay, said Botror, he is sure to be could to disgrace him, and take away bis life, convicted : then said I, I think it not safe :o and he would requite them.

pay it, therefore I leave that to your own dis. Justice Pemberton. Who, they?

cretion, whether you will or no. A little aster Higgringil. Sir T. Gascoigne and my lady he desired to have my opinion concerning the Tempest.

two judges that came our circuit, for I ain Justice Pemberlon. Why? Did sir Thomas mightily abused by them, said he, they will not indict him?

at all give me audience, I came from the king Higgringil. No; but the noise was about and council, and they slight me, and will not the country.

hear me speak : said I, I believe if you will go Justice Dolben. When was this? In Septem- to them, they will hear you. I went to speak ber last?

with them, and they sent some of their servants Higgringil. Yes.

out to know what I would say to them ; but Justice Dolben. What profession are you of, I have writ a letter to them to tell them my Higgringil ?

mind. But said I, I cannot believe that any Higgringil. An husbandınan; i

one will presume to carry such a letter; but for I farm a farm.

that I will leave it to you. So I came away Justice Dolben. You know this man, do you from hiin, and after he follows me out, and denot, Mr. Mowbray?

sires to speak with me again : said he, I have Mr. Mowbray. Yes; sir Thomas employs something against you concerning this business him, he is a kind of collector to him.

in hand, I can do you a prejudice if I will: said Mr. Ravenscroft. He is no papist.

I, God bless me I know nothing of it, and I do Then Fruncis Johnson appeared.

not at all intend to court your favour, I have

no mind at all to that : said he, I will not do Justice Dolben. Well, come, what do you it; and he spoke as if he had no desire to do know?

it; I would not court him, but came away and Johnson. He hath sustained great losses by left him : he followed me to the street again, him,

and said, will you help to apprehend a traitor? Justice Dolben. He! Who?

Who is it, said I? It is a gentlewoman, said he, Johnson. Sir Thomas Gascoigne.

a woman greatly concerned in the plot; you Justice Dolben. By whom?

may apprehend her in the street, and it is the Johnson. By Mr. Bolron,

best time. Now the street was full, and I Justice Dolben. What loss hath he received? I thought it a little unseasonable ; so he looked

Johnson. The very first inonth be entered, he after me, but I never offered to go from him : wronged him of sl.

said I, was she in the plot ? Yes, said he, Justice Jones. How do you know that? she was to be the first lady mayoress of Johnson. I cast up the accompt myself. York after the plot took effect, and the king

Justice Jones. But he kept him two years was killed ; but he did not lay hold upon her, after that?

so I parted with her. Then, said he, I can Johnson. Yes, he did.

have no respect. Said I, I have nothing to do Mr. Bolron. My lord, I lost 31. the first three with you; I am clerk of the peace of the Westweeks, and sir Thomas forgave me it, I do not riding in this county, and am always ready to deny it.

do my duty there ; so away I went and left Justice Dolben. Do you know of any malice him. The next news I heard was, he had between them, and that he said he would do procured a warrant of the council against me ; him any mischief?

and he brings the warrant to a justice of peace, Johnson. No.

and that justice of peace told him there would Then Mr. Pebles, Clerk of the Peace in the be several justices of peace at Leeds within tivo

or three days after, and then they would exacounty of York, was called.

mine the business. I chanced to be in a room Sir T. Gusc. I would desire you to speak of with some gentlemen, not knowing of the warthe carriage of Mr. Boiron to you, sir, what you rant that was out against me; and this genknow.

tleman that was the justice of peace called me Pebles. My lord, I was in York last assizes, into another room, and told me of this busiand Mr. Bolron came to me into a room where I ness : I admired at it, and told him I did know was with some gentlemen, and asked me how nothing of it, nor that I had disobliged him, I did ? and asked me if I did not know bim? unless it was because I did not give hirn the I told bim I did not remember him : said be, compliment and ceremony of my hat, nor give I am the prosecutor against sir T. Gascoigne. him money; neither did I know what informaSo when he was sat down, after a little while tion he had procured that warrant upon. He he desired to discourse with me, and asked me, told me Mr. Mowbray and Mr. Bolron were If a man was indicted as a traitor, whether it in town; so I desired him to send for the other were fit to pay him money? I owe, said he, justices into the room, where he acquainted sir T. Gascoigne money, and I would know them with the matter and said be, if you will we whether it be fit to pay it to him : said I, I will examine it to night; so they sent notice think you may safely pay him his money before to Mr. Mowbray and Mr. Bolron, that they VOL. VII.

3 U

vould examine the business that night at six Justice Dolben. Did he say he did not speak
o'clock, and they came ; and he was asked with the judges ?
what he had to say against me? He said I had Bolron. No, my lord, I did not.
taken money for keeping a man from taking Justice Dolben. You did speak with us;
the oath of allegiance, and they had witnesses indeed you would have had us allowed you a
to prove it

guard for your safety, which we coold not do.

Mr. Bolron. Whereas he says I gave io a Serj. Maynard. Must hè be here adınitted to make his own defence ?

wrong information, this same Hunt when he

came before them confessed he gave him 40s. Justice Dolben. Brother, let him go on. but he would not swear for what it was.

Pebles. The witness was called upon, and Serj. Maynard. It is not hing to the purpose they asked him to that point, and he denied ab- one thing or other that he hath said. solutely upon his oath that he gave me any

Justice Dolben. It is altogether uncertain ; money, and also swore he had taken the oath nobody knows what to make of it. when it was tendered to him. Then my lord there was one Mr. Dunford an attorney wus

Then Hardwicke was called. spoken of, as if he could prove something, but Sir T. Gasc. Do you speak what threats Bolhe was fourteen miles off, and they could not ron bath used to his wife to swear against me. 'send for him, and so I begged they would ap

Hardwicke. When the pursuivants came up point another time for hearing when he could be to Barnbow, the chief constable ordered me to there ; they appointed Monday following and assist Mr. Bolron in execution of the warrant, ordered me to attend, and one of the justices of and to carry the witnesses before a justice. We the peace undertouk'to give Dunford notice. went to Robert Bolrou's house to take the witAccordingly I came there, but there was no nesses, and there was his wife, his brother, and Mr. Bolron nor Mr. Mowbray ; but I desired his sister : We were to carry them before a that Mr. Dunford might be examined upon his justice, and they refused to go; his wife prevath, and they did take his information in wri- tended to be sick and could not go, and they ting, and he swore he knew nothing of it, begged of us to excuse chem. neither did he erer give me money upon such

Just. Dulben. Who do you call they? account.

Hardwicke. His wife, his brother and his Justice Dolben. You were not hy when it was sister: Bolron told them they must go, and sworn ?

Williain Backhouse and I ordered them by all Pebles. I saw the examination taken in means to go along with us; I suppose it was to writing

testify what he had sworn. Justice Pemberton. And you were dis- Just. Jones. What were they lo do, did he charged?

Tell them? Pebles. Yes; for he could not make out any Hardwicke. They were to go to tell what his thing at all.

testimony was above, as well as I understood Just. Pemberton It was well for you he the discourse. eould not make it out.

Just. Dolben. We have had two persons to Pebles. They said they could prove it, and this purpose before. They say he would have vouched these two persons, but both denied it his wife go, and she refused to go, and cried; 'wpon their oaths.

but they do neither of them say he pressed her Justice Dolben. Is that all you know? to speak any thing more than she knew, or

Pebles. That is all I can say in particular, I against her knowledge. have not a mind to speak against ban in ge- Just. Pemberton. No, one of the witnesses Heral, because he is the king's evidence. said, be told her it was to speak her knows

Just. Dolben. You can say nothing of his ledge. repute ? 'Justice Pemberton. You were a stranger to

Then William Clow was examined. bim, you did not know himo?

Just. Dolben. Conne, what say you ? Sir T. Gasc. I desire he may speak what re- Clow. The 22d of May last i had a writ putation he had among the justices.

against Bolron, and my man arrested him aud Pebles. I have no mind to reflect on the brought him to nay house. king's evidence; and if I did, it would seem as Just. Dolben. At whose suit? if I should speak in maliee; be bath done me Clow. At the suit o one lliggringil that was wrong, but I never did bim


servant to sir Thomas; and there I had him Justice Jones. But what is his reputation two days, and would not carry him to the gaol, generally?

for he begged of me I would not; but then I Pebles. Truly it is not very good in the told him I would keep him no longer there, country.

for be had no money for lodging and Justice Jones. Among whom ?

diet; but he begged so har, of we that Pebles. The grand jury and the gentlemen I would but tarry till Higgringil came, and of the country,

then he did not care what they did with him ; Justice Jones. Is it a common fame in the for he would make sir Thomas pay Higgringil country?

bis debt that he owed him, or he would play Pebice. Most people discourse ill of laim. hiin such a trick as he little dreamt of.


Just. Dolben. When was this?

Hobart, For 3 or 4 years, and Mrs. RavenClow. The 21st or 22d of May last, or there- scroft was one of the sisters; her part was paid abouts.

when she was married, but this gentlewoman's Just. Dolben. May last?

was paid beyond sea? Clow. Yes. And so Higgringil came over, Just. Dollen. Were there arrears from sir and they did agree, and he gave hiin a lease of Thomas to the gentlewoman beyond sea? an house he lived in, and Higgring:l took the Hobart, Yes. charge of both the debts upon him.

Just. Dolben. Are yoų surę there was?
Then Hobart stood up.

Hobart. Yes, sir Thomas told me so.

Just. Pemberton. Who was to pay this monex? Sir T. Gasc. Speak whether he pretended he Hobart. Mr. Appleby, by order of my lord writ a letter to the duke of Monmouth from keeper. Leeds.

Just. Jones. Sir Thomas was guardian, was Hobart. My lord, I have nothing to say to the estate in Yorkshire? that.

Hobart. It did arise out of rents there.
Just. Jones. What can you say then?
Hobart, All that I can say is to the sums of

Then one Culliford was called. money returned to town.

Just. Dolben. What say you? What do you Just. Dolben. He did not mention that. know of this matter?

Hobart. If you please to let me declare what Culliford. This gentleman lodged at such I know about the returning of the money. rime at my house; the 4th of June 1677, bıç

Just. Pemberton. Pray speak what you know was at my house 7 weeks, and he was gone 3 of your own knowledge.

weeks and returned again; he was 3 weeks Hobart. For most part of it, I know of the away. payment of it, and to whom ; 1,800l. there was Just. Jones. What gentleman was this? paid to Mr. Trumbal about the purchase, it was Culliford. Mr. Mowbray. paid at Mr. Mawson's: I was a witness to the Just. Dolben. What is that to the purpose ? deed, and to the receipt.

Just. Jones. How do you apply that ? Alt. Gen. That is some, but what to the Hobart. Mr. Mowbray hath said laç sent a rest?

letter to the duke of Monmouth. Hobart. 2001. was paid to a client of mine, Just. Dolben. There hath been no mention 80l. was paid to one widow Carson that was made of any such thing: Have you any more

witnesses ? Just. Dolben. How much was paid to Mr. Hobart. No. Corker?

Just. Dolben. Then ask sir Thomas what he Hobart. Several sums, above 300l. paid lo hath to say for bimself. Corker in 6 years time.

Hobart. Have you any thing to say to the Just. Pemberton. Nay, in 4 years time. court for yourself?

Hobart. This 3001. and 3001. before I drew Sir T. Gasc, No, I refer myself to the judg. the receipt for; and commonly he ordered me ment of the court. when Mr. Corker came for it, that I should

Then a Woman Witness appeared. havé a receipt from Mrs. Mary Appleby; and it came back signed by her, to whom sir The- Sir Ț. Gasc. What do you know concerning mas was guardian.

Mowbray, whether he was suspected of stealing Just. Ďolben. And was all this money paid when he was at my house? to Corker upon the account of this Appleby? Witness. Yes, he was, my lord; he would

Hobart. It was mentioned in the receipt. have given me 5l. to have gone away, and he

Just. Dolben. How much was she to have by did intend to have clapped me in prison, and the year?

to have laid it all upon me. Hobart. 100l. by the year, or 2 sometimes. Just. Dolben. How do you know that?

Just. Dolben. How came she to have 9001. Witness. He told me so. in 4 years?

Mr. Mowbray. This is a common woman, Hobart. My lord, I will tell you ; for that and not to be believed. there was a great arrear upon a suit between Serj. Maynard. My lord, we will reply but sir Thomas and Mr. Appleby, this Mrs. Ap- ohe short thing in matter of evidence. Much of pleby's father; and upon the hearing of the this that bath been given by the defendant hath cause, my lord keeper Bridgman was pleased been to take off the credit of the witnesses ; to order, that this nioney should be paid to sir and for Bolron, they would suggest that he hath Thomas for the use of the daughters; 2001. a been dishonest to`sir Thomas; but when sir year, that is 1001, a piece; and there was an Thomas hiinself was examined to that point arrear for 8 or 4 years during the suit, about 2 before the council, he said he found him hoor 300l. it was: I drew a receipt for it, and sir nest, but only accounted him a fool. Thomas being pressed for the money by Mrs. Just. Dolben. That is proper for you to do Appleby, who went beyond sea, he sent to

now, brother. Corker to get the money returned to her. Serj. Maynurd. And sir Thomas being exa

Just. Dolben. Ay, but you dance about the mined about Rushton, he said he did not know bush; Was there an arrear of 5001. ?

such an one, and then afterwards be did say he

upon bond.

knew one of that name. Here is sir John Just. Dolben. Did he ever desire you to Nicholas, the clerk of the council. [Who was speak any thing you did not know? sworn.]

Mrs. Bolron. No, my lord, never in his life. Att. Gen. Pray sir, do you know what sir Att. Gen. My lord, Mr. Bolron desires to T. Gascoigne said at the council-table. have this woman, his grandmother, be asked

Sir John Nicholas. He was asked whether he whether he threatened his wife ? (And she was knew Bolron? He said, he knew him very sworn.) well, he had been his servant till within this Sol. Gen. She was by at that time. twelvemonth, or something more ; but for his Just, Dolbin. Were you by at that time when honesty, he had nothing to say to it, till of late the constable came to carry the witnesses bethat he had not behaved himself so well, in giv- fore Mr. Lowther. ing informations against him : But he did find Mrs. Bolron Sen. Yes. him now, what he did always take him to be, a Just. Dolben. Hark you, did not you see the fool.

woman that went over there cry, and say she Just. Dolben. What did he say about Rush- was unwilling to go? ton?

Mrs. Bolron. Sen. Her husband said she Sir J. Nicholas. At first he did say, he did should go, though she said nothing, not know Rushton the priest ; but after it was

Just. Dolben. But her husband did not press brought to his memory, he said he knew one of her to say any thing but what was truth? that name.

Mrs. Bolron Sen. No, indeed did he not.
Att. Gen. It was taken down in the minutes; Just, Pemberton. And did not seem to stick
Sir John, look


before? Sir J. Nicholas. He denied at first that he Alt. Gen. What can you say to this bodest knew Rushton the priest; and afterwards the man here, your son ? next time he came to the council, he said he Just. Dolben. I will warrant she will say be did deny it, because he was afraid of an old law is honest still. against harbouring of priests.

Att. Gen. But here are a company of people Att. Gen. If your lordship please, we will would make bien a dishonest inan. now trouble you with a witness or two in an- Mrs. Bulron Sen. Sir Thomas Gascoigne swer to what Backhouse and Hardwicke have said he was as truthful a servant as ever he had said as to Bolron's threatening of his wife. We in his life. will call the wife to give you an account of Just. Dolben. Did you bear bim say so? that.

Mrs Bolron Sen. I heard him say so in his Just. Dolben. They did not charge him, that own chamber. they pressed her to swear falsely.

Just. Dolben. When? Just. Pemberton. That does not at all touch Mrs. Bolion Sen. After he was married: upon the witness.

And besides, sir Thomas did say he would do Att. Gen. If the court be satisfied, we will any thing that he could for him, in relation be trouble

with that no farther.

had been a true servant to hiin. Just. Jones. I believe Backhouse did say, Just. Dolben. Call Mr. Phiswick again, that this Bolron would have his wife go before(Who appeared.) Look ye, sir, you are a man the justice of peace; she said she knew now that I see bath been trusted by all the family thing at all, yet he would have her go and less of the Gascoignes, and you know in what repu: tify her knowledge ; and if she would not, he tation he was. would have her dragged at the horse's tail. Phiswick. Sir, while I was his sellow servant

Att. Gen. I think it is necessary to call a I knew no ill by him. witness or two to that. First to call her berself. Just. Dolben. Was he accounted an ho[Then Mrs. Bolron was sworn.]

nest man? Att. Gen. What did your husband threaten Phisaick. I can say nothing to the contrary. you to make you swear against sir T. Gas- Serj. Maynard. Then my lord, to conclude, coigne ?

I desire to speak a word. On the one side Just. Dolben. Now you are upon your oath here is an ancient gentleman's life in question, speak the truth.

and that or his death are to be the issue of this Mrs. Bolron. No never in his life did he cause; on the other side, here is the discovery threaten me upon any such account.

of a plot upon which all our lives, our religion, Just. Dolben. Do you remember when the and ihe life of our king depend. It did require constable came down to have you go before your patience, and you have yielded it. Where 'squire Lowther?

lies the question? if these witnesses that have Mrs. Bolron. Yes, my lord.

been examined be believed, there is no quesJust. Dolben. How chance you did not go tion but he is highly guilty of the Plut. The with him?

witnesses tell you, when there was no talk of Mrs. Bolron. I was unwilling to go then, be the plot, there was a preparation of a false and cause I could say little to the purpose. fraudulent conreyance to be drawn by advice

Just. Dolben. 'Did he use aliy threats to you of counsel; and why was this inade ? Lest he to make you swear against sir Thomas.

should forfeit bis estate. This is proved in the Mrs. Bolron. No my lord; but he would have beginning. You find next a meeting of the me go, whether I said any thing or no. priests, and there what they did does not con

cern this gentleman at the bar, till he took notice, witnesses; for if they be to be believed, there of it, and then joined in it, and approred of it, is an evidence as full as can be. I know your and did declare it was a worthy plot, a meri- lordship observes how it is introduced, how torious plot for the good of the church, and at they are fortified in some circumstances, which last particularly he would give 1,000l. to Bolron sir Thoinas did at first deny. They tell you, to destroy the king and murder him. The that he had a pirus intent to found a nunnery, other witness agrees with him. And what is and did proceed so far as to make a settlesaid against all this? They have called and ex. ment; this was denied by sir T. Gascoigne, amined I think 19 or 20 witnesses, three touch- but hath been verified, and made out by his ing the threatening of his wife, but that falls own books and letters writ to him, which were out to be nothing ; two alehouse-keepers that found in his own custody. This did sir T. Gasstood at the bottom of the stairs, and overbeard coigne do with an expectation of a sudden their discourse; but you have all heard low change; for the letters do declare, that Engthey have contradicted one another, they bad land was to be converted, as they called it, and not agreed well enough together on their story. therefore they had settled their matters in orAll that the rest do is meant thus, and so far der, and they thought fit to insert that proviso they make something of it, that there should in the settlement, chat if England should be be a debt due froin this Bolron to this gentle converted, then the money was to be disposed man, and so it were some contrivance as if he so and su. But your lordship likewise obwould do it by way of revenge; it does fall out serves, and you, gentlemen of the jury, what many times that men do quarrel, but this is a buo other correspondence sir Thomas Gascoigne siness of another nature. They say that he should had with one Cornwallis or Pracid a priest. He threaten he would serve him a trick, or there receives a letter which shews you what the were some such words; but under favour, the principles of all the Catholics are, how far they question is of the truth of his testimony; now have proceeded to take away even the wath it is not likely, that they knew what liis testi- of allegiance, and the consequence of that how mony would be; and there is nothing against far it will go, when they think themselves the other witness that concurs with bim, but obliged in conscience to cast off fidelity to their the fellows that were upon the stairs, that talk prince; and what mischiefs may ensue no man one of one part of the stairs, and the other of knows, but we inay in part imagine. You have the other. The matter is clearly, Whether the already had sufficient discovery to make out witnesses be to be believed, or whether there the use of this instilled principle, and that is be any thing sufficient offered to take off their the design to kill the king; for this you hear testimony. You will be pleased to observe as what the evidence say. Mr. Bolron, one of to what was spoken about the money and them, is sent to the priest to be instructed by the nunnery: We brought you a letter from him; and by him was chid for offering to go the priest who was mentioned to be one of against their principles to take the oath, and them at the meeting, Pracid, that writes and told him he was damned for so doing. And dates his letter from the place the witness presently after he was examined hy sir T. Gasspeaks of, and there you will observe that in coigne upon some discourse with him what one of the letters it is expressed, If England Rushton bad said, who had moved bim likebe converted (there is the main of the Plot), wise to kill the king, as he says. Sir T. Gasfor all I suppose goes to that purpose. Pray coigne knew to what purpose he sent himn thiwho thought of England's conversion at that ther, not only to renounce the oath of alletime? What led them into that, but a con- giance, but to carry on the design which he sciousness of a design to convert England? My had in hand, and did introduce, by laying aside lord, another piece of a letter there is concern- the oath, and tells him he must engage in the ing the oath of allegiance, you have heard it design to kill the king. He examines him read, and every body knows what the meaning what the other had spoke to him of, and be of it is; it is the engine of the Jesuits, that if said he knew it was more than bare chiding of they can but draw men off from their fidelity him for taking the oath of allegiance; and he to the king, whereof there is no testimony so told him for his better encouragement to go great as the Oath of Allegiance, they need not on that if he would undertake, he should have use so much of equivocation; but that is an 1,0001. And this is the sum of Bolron's eviabominable thing, and not to be endured, to dence, as to sir T. Gascoigne. What then says go take off the strength of that oath that hath Mowbray, the second witness ? He was so been taken by men more honest than the rest, faithful a servant, and so diligent, that he was and not suffering the rest to take it at all: and employed by Rushton the confessor to attend it is a dampable thing that they should assert him at the altar, and being in service immethe king is an heretic, and the pope has depused diate about hiin, and be being by that means him, therefore it is meritorious to kill him so dear to biin, waited upon bim in bis chamber, .but you have heard the evidence fully, and it and was privy to all the consultations held needs no aggravation.

there. And be gives you an account bow long Solicitor General. My lord, I think the evi- this plot bath been in agitation, for they had dence hath been already repeated by Mr. Serj. been discoursing a good while of it; and reMaynard; and, my lord, I think there is no- solved it should be done, if not by fair means, thing in this case, but only the credit of the by foul, and tells you plainly by killing the

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