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can panish you, and God Almighty will pů- nesses that were produced at sir T. Gascoigne's nish you if you speak false.
trial. Thompson. An't like your honour, Robert Sir Miles. I have none of those witnesses. Bolron was servant to sir Thomas Gascoigne, Just. Dolb. Certainly these witnesses would as steward of his coal pits; sir Thomas put be as material as any you can have to do it. him out of bis coal-pits, and there was a great Sir Miles. I have them not here, my lord. deal of money due, and he knew not how to Just. Dolben. Nay, that is because you
dare get it, and therefore he would take threescore not; the king's counsel will prove that what pounds for it, because he knew not how to get they spoke they were hired to, and had mo. it, and he would take 321, at one time, and 281. ney from sir Tho. Gascoigne, which they at another, and came to me to be bound with confessed. him, which I was unwilling to; saith be, here Sir Miles. My lord, they made affidavit of is 381. good debt, and I shall take care to get it. the other, and if sir Thomas be not kind, I shall Just. Dolben. Though they did, yet they do him an ill turn.
confessed they were hired to it. Just. Dolb. What is this to six Miles Staple
The lady Vavasour called and examined. ton ?
Thomp. He did swear, this plot being dis- Sir Miles. My lord, I call my lady Vavasour covered, they thought he knew something off to tell, whether 'sir Walter was there at the sir Thomas Gascoigne, and he said before the consult they tell us of at Barmbow. plot broke out, there was never a catholic in Just. Dolben. That will be hard for her to Yorkshire was concerned in it? if there were do ; but call her in. (Who was called :) but any, it was above.
speaking so low she coold not be heard by the Bar. Greg. This was before his information, court
, and standing beside Mr. Justice Dolben, I will lay a wager;
he repeated her words to the court. Iy lady Just. Dolben. How could be do him an ill saith tbis gentleman, she believes her husband turn?
was vot there in any part of the year, because Thomp. My lord, this is the ill turn, Mr. he was infirm at York. Now, gentlemen, I Legget said he did it not for need: 0 Roh, would only know, whether that be conclusive Bolron, said I, do you thus requite sir Tho- evidence when it is only possible. mas Gascoigne's kindnesses? Bar. Greg. Did he speak any thing to you
Mr. Legget called and examined, concerning sir Miles ?
Sir Miles. Mr. Legget, pray, what money Sir Miles. I conceive when they reflect upon would Mr. Bolron have given you when I was. sir Thomas, they reflect upon me.
taken. Just. Dolben.'No, not so, you might beguilty Legget. Mr. Bolron desired me to lend his and sir Thomas innocent, or you might be in- wife some money to goto market with, and I did: nocent and sir Thomas guilty.
the same day between Tadcaster and York, Su Miles. My lord, I think that as there Mr. Bolron asked me what allowance Dr. Oates was a consult at sir Tho. Gascoigne's, certainly had; I told him, I beard be had 5001. a year : if any one was guilty, we were all guilty. and be answered, I deserve as much; for I
Bar. Gregory. There are some that conceive have done as much good as he : as I was goiog and I think not without grounds, that there are for York, I met with Mr. Mowbray, and it no considerable catholics in England, but they raining, I put in at Tadcaster ; when the rain are concerned in the plot.
was over, we set forward for York : said Mr. Just. Dolben. There was one Dixon came at Mowbray, Mr. Bolron hath sent for me ; so I sir Tho. Gascoigne's trial, and said he heard went to Mr. Bolron to the George, and be sent Bolron and Mowbray down a pair of stairs, for Mr. Mowbray, and he pulls out his inforspeaking of revenge against sir Tho. Gascoigne mation, and after he had read it, he asked him and my lady Tempest, and thinking these wit- if he knew any thing of that, and he said, he nesses might now be produced, we called at did not know of it. Leeds to view the stairs, and I am sure neither Just. Dolben. Well, what is this to the purmy brother nor I could see any probability in pose ? Did you hear him say any thing against
sir Miles? Bar. Gregory. Por satisfaction we made two Legget. I have heard Mr. Bolron
that go up into the chamber and stand where the he had nothing to say against sir Miles Staplewitnesses were, and they spoke as loud as peo- ton, but only he had made over his estate to sir ple do usually when they discourse, and I am John Daney. sure I could neither perceive what they said,
Just. Doiben. How came he to name sir Vile's nor see them, unless I went three or four steps to you ? up.
Legget. He voluntarily told me of it, whep Just, Dolben. This is but occasioned by your we went to Allertoi to apprehend some priests; jesting upon the matter.
and when I returned I told him, I took but one
of these persons, old Mr. Metcalf; and he said, Nathanael Wilson called.
he cared not if I had but taken but one Addy: Just. Dolben. Sir Miles, I would put you in
Just. Dolben. You must not talk of this mind of one thing ; produce those two wit- fashion.
Sir Miles. It shews but what a kind of a man Bolron. Yes, very well; and I have several he is.
times talked with him. Just. Dolben. So may we examine to the end Sir Miles. I desire to know whether he hath of the chapter. Do you say Bolron read over seen sir Tho. Gascoigne and me discourse about his information to Mowbray, and he said he any thing? knew nothing of it as to sir Miles Stapleton ? Botron. No, not since the plot broke out.
Legget. No, my lord, but of sir Thè. Gas- Sir Miles. 'lle swore in sir Tho. Gascoigne's coigne ; be asked him nothing, my lord, but trial, he heard me and sir Thomas discourse against sir Tho. Gascoigne; after they went about Oates and Bedloe. out and had been together, Mr. Bolron told me, Just. Bolron. Well, how material will that sir Miles Stapleton was to be taken into castody; be? and he said, you may as well have it as another, Sir Miles. I shall prove that he swore false ; but I'll go half ships with you: at last he for sir Thomas and I were never together since told me, if I have 100l. of sir Miles, you shall the plot broke forth. have twenty of it.
Just. Doiben. That is hard to do. Just. Dolben. Had you any warrant at that Bar. Gregory. You have an excellent witness tiine to take sir Miles ?
that can swear that. Legget: No, my Jord.
Sir Miles. In all probability I can do it. Boiron. I know nothing of any such thing. Just. Dolben. But that must not go before a Mrs. Eliz. Holmes called and examined.
positive. Well, have you done?
Sir Miles. There is anotber witness or two, Mrs. Holmes. An't please you, my lord, at if it be not too tedious. sir Tho. Gascoigne's trial, Mr. Bolron and his Just. Dolben. No, we will stay here all day, wife they were at our house at dinner ; atter if you please. dinner, they asked me, if I would go to sir Thomas's trial. I answered, yes; so Mrs. Mow- Edward Cooper called and examined. bray came and called her husband out of door, and I asked her about sir Tho. Gascoigne, and having been at Autherton fair, we met with
Cooper. My lord, all that I can say is, we she said
Mr. Mowbray; knowing him, and being acJust. Dolben. Tell us what she said. Holmes . She said, they were hard people; there any tbing of a truth in this that Bolron
quainted with him, pray said I, whether is but she thought they were innocent to the plot, and she had nothing to say against them, as
swears against sir Tho. Gascoigne, or no? No, God shall judge her soul. Then another time, saith he, he might as well have sworn it against my lord, after Bolron came froin York he met you, or another person ; for I have been in me. How, now, sister, I understand you are
the house as long as he, and I never knew any
such thing to be a witness against me at York, but if you will be kind to me, I'll be kind to you, and speak bad discovered any thing; for Mowbray was
Justice Dolben. This was before Mowbray as favourably as I can; and he said, if he had then a papist, and had taken the oath of seknown he should have been no better rewarded, he would never have been a witness , the devil crecy : Besides, it is not much what Mowbray should have been a witness as soon as he.
said, he was going on a high-way: If it had · Just. Dolben. Against whom?
been before a justice of peace, or if he had Holmes. Against sir Tho. Gascoigne and sir been upon bis oath, then it had been more ma
terial. Miles, my lord, and he bid me be careful what I swore ; for if we did ywear false, he would
Madam Shereburn called and examined. have us at the pillory, and unless I would unsay what I had said in my lady's trial, he would Sir Miles. Madam Shereburn, pray declare punish me sufficiently.
what Bolron said at your house. Just. Dolbın. Who said this, know you? Madam Shereburn. Mr. Bolron and Mow. Holmes. Mr. Boiron, my lord:
bray came to our house under the pretence of Bar. Gregory: Where do you live ? searching for priests, and Bolron took several
Holmes. I live, my lord, in Baldwin's Gar- parcels of silver away with him. den.
Just. Dolben. Away, away, if you have any Sir Tho. Stringer. Did you ever tell any thing against him on the behalf of this gentlethat if they would come and swear against the man, Madam, speak it ; but you would prove evidence against sir Miles Stapleton, they should bim'a thief, 'and say, he went to seek for be suffieientiv rewarded P
priests, and he stole money from them. * Holmes. No, never in my life.
? Mowbray. We went to seek för priests, and Sir Mites. When did you see me last, Bol- we took some chalices and other popish trinkets
away » Bolron. I have seen you in 1678 several times. Justice Dolben. Do not spend your's and | Just. Dolbren'. He hath seen you in prison. our time in saying that Bolrop and Mowbray
Bolron, My lord, 1 have seen him at Barm- were knavish boys; we, it may be, are guilty bow-hall in 1678.
of extravagances in that particular. Sir Tho. Stringer: You know sir Miles Sta- Baron Gregory. They themselves confess pleron?
they have been very bad ; they took the oath
of seeresy, and it is as ill as ever was spoke | Christ. Langley and Richard Cocker called and or writ in so few words.
Justice Dolben. I know they have been very bad men. Well, have you any more wit- Sir Tho. Stringer. Pray tell my lords and nesses.
the jury what you have been proffered, and by Sir Miles. I can produce my neighbours whom, to give evidence for sir Miles. and those of the church of England, that can Chr. Lungley. My lord, an't please you, I say no otherwise than that I have been of good kept a public-house; so William Batley and behaviour.
John Ross came and called for a quart of ale, Sir Tho. Stringer. It is generally concluded and this Richard Cocker was with us, and he by all, that sir Miles hath been a very good said, if you'll go and be a witness for sir Miles man until he fell into this great action.
in those things we shall direct you, you shall Justice Dolben. Brother, have you any more have a couple of oxen and half a score of to say ? If not, I'll proceed.
sheep. Sir Tho. Stringer: Only I desire that Dixon Sir Tho. Stringer. Wbo proffered you this? and Wilson may be called in to swear that they Langley. Will. Batley and John Gross. were hired at sir T. Gascoigne's Trial.
Cocker. Well, it is the same, my lord, I Justice Dolben. Call them, then.
went with him into his house, and he proffered Diron called and sworn.
him a couple of oxen, and half a score of sheep,
if he would be a witness for sir Miles. Sir Tho. Stringer. Pray tell my lord and
Mr. Bayns called and sworn. the jury wbat witnesses were hired, and whether you were hired to testify for sir T. Gas- Sir Tho. Stringer. Speak. whether Mrs. coigne or no?
Holmes would have had you to have recanted Dison. My lord, in November 1679, John any thing against sir Miles. Baily sent John Wilkinson for me, and when Buyns. She proffered me since I came into I came there, Batley was there; and they the kingdom of England threescore pound a desired me to go; and there called me into year to have holden my tongue, if I had any the garden, and asked me, if I would be a wit- thing to say against sir Miles : I told her not Dess for sir T. Gascoigne, and would give me whether I had any thing or no, and she prof
fered me 60l. per ann. Mrs. Hewit said, she
would give me more if I would say nothing Wilson called and sworn.
against sir Miles. Sir Tho. Stringer. Were you offered any Just. Dolben. Did they make an assur. thing by Mr. Babbington, to be a witness for sir ance ? Miles ?
Buyns. I asked them, do you know another Wilson. I was, my lord.
gentleman's purse? They said, they knew it Sir Tho. Stringer. Pray, tell my lord what very well, that he would give it. you were offered, and what he would have you Sir Miles. Pray let Mrs. Holmes be called
again. Dism. Batley would have him to be a wit- Just. Dolben. Well, she denies it. What is
that Hewit? Justice Dolben. Well, but what was he to Bayns. He married another of my daughsay?
ters, my lord. Diron. He was to say, he never saw Bolron Just. Dolben. She only appeared zealous for bor Mowbray at his house. Saith Batley, I sir Tho. Gascoigne, and she would be the same sw them at the door. Thou never didst see for sir Miles Stapleton. Have you any thing them in my house. Yes, saith he, I see them more, sir Miles ? once, and my lord, the third time before they Sir Miles. No, my lord; only Mrs. Holmes departed he might say, that in 1679 he came denies. in and found them there. This he pressed on Just. Dolben. She does so. me, telling me, it was but telling a lie, for no Sir Miles. I have not so much to say against sath was required in this case.
Mr. Bayns. Baron Gregory. Did Mr. Babbington offer Just. Dolben. I do not hear he saith much you money? What would be have you to tes- against you. ufy for it?
Baron Gregory. He had got bis money Justice Dolben. What money would he have pretty easily it he said nothing more against given you?
you ; he had scarce earned his money. Wilson. He would have given me 101. and Sir Miles. I desire the jury way consider Hickering proffered me 101.
what credit was given to their evidence forJustice Dolben. Is Babbington a solicitor for merly in the former trials ; for I speak serisir Miles ?
ously, I never spoke any such thing, nor was Bolron. Yes, my lord, here he is.
ever at any consult about any such thing ; I Dixon. Batley did press me to say again, believe there is pone that knows me will bethat be never did see Mr. Bolron and Mowbray lieve it. in his house, and he made a contrivance of Just, Dolben. Is that all ?. that he
Sir Miles. The evidence is very improper;
I never thought ill against the king in my life ; | sir Miles Stapleton, that he was at the consult what reason was there for it?
at Barmbow-hall; you have heard him often Just. Dolben. No reason at all that either deliver this, and because it was somewhat mayou or any papist should do it, but only through terial we desired him to speak it again and the mad fiery zeal of the jesuits; for ever again : Bolron denies it, he never told what since the reformation you have enjoyed your Mowbray could swear ; so that depends upon estates and religion without any molestation ; the credit of the witnesses. but you could not endure we should quietly Sir Thomas Yarbrough tells us that Botron enjoy our's. But if you have any matter on came to him, and knocked him up out of bed, record against them, we will hear it. It may for his warrant to searen for Rushton a priest, be
you will say be is an idle fellow and the who he said was at sir Miles's, and thereupon like; there will be no end of such reflections. he asked him if he could tell any thing of sir
Baron Gregory. You see what is produeed Miles Stapleton, and he said no, with many op your behali, sir Miles, though not by your asseverations ; now if that information were direction, yet on your behalf, and they said it the same that was sent to Mr. Lowder, then it was but telling a lie.
is of no such weight, and it bath been preSir Miles. No, my lord, not I; I never supposed by the king's counsel, that sir Thogave any such directions.
mas might forget himself, neither was there Just. Dolben. Gentlemen of the jury, sir any thing in these papers relating to sir Miles
, Miles Stapleton stands indicted for a very foul And my lady Yarbrough being in bed in the treason, for endeavouring to subvert the go- same chamber, she saith she heard the vernment, change the religion, and to bring in papers read, and her husband asked him of sir superstition and idolatry; which he could Miles Stapleton, but he denied that he was never do, without compassing the death of the concerned in the Plot : and she saith further, king, he being the only obstacle in the way in the afternoon, a gentleman brought him This is his charge. The proof of this depends into the poreh where they were sitting, and upon Bolron and Mowbray: Mr. Smith, the the gentleman asked him who were plotters, first witness, he only relates he hath been in but he would not tell him : then he asked Rome and France, and among all the priests him if sir Miles Stapleton was concerned, he conversed with there was such a design on and be positively denied it. These things font; but against sir Miles he knows nothing, hang not well together, I know not how to but things told him by Mr. Thwing, wbieh i make any observations upon it,
he denies that must tell you is no evidence against sir Miles | he said so, they say he did. The rest of the Stapleton. Pohron and Mowbray do positively witnesses are not very much material ; only
, swear the thing as plain as any thing can be; as I told you before, what talk they would they hoth swear they were present at several have talked before they changed their religion consults, where it was resolved the king should there is nothing proved against them, but they lie killed, and that sir. Miles did agree to it, are good witnesses in the law; there is no and did agree to contribute 2007. to carry on records, nor perjuries, nor any thing else that this design. Captain Bayns, being examined, takes off their evidence, they have sworn it he saith, he did really see sir Miles at Barm- several times, and stand to it. Now you have bow-hall at that time, but he doth not know heard and taken notice what objections have whether it was about that or no.
been made against it. Against this, sir Miles saith it cannot be ; Baron Gregory. My brother has opened it but this is an invention of Bolron and Mow- so fully, I shall trouble you with very little
, bray; and to prove this, he produceth several | only to let you see that my observations were witnesses, that Bolron should deny, and that the same, and that I concur in the evidence he should sometimes say that sir Tbo. Gas- with my brother ; for there is full evidence coigne knew nothing of it; sometimes that sir against the prisoner at the bar. The matter Miles knew nothing of it: I must tell you at they swear is treason of the bighest nature imathis time, that they were then discoursed ginable : there are but two that swear posie withal, they at that time were papists them- tively, but they swear of several consults, and selves, and lay under the oath of secrecy of the particulars that were agreed on by si But now here are three witnesses, sir Tho. Miles Stapleton for the carrying it on; and Yarbrough, my lady Yarbrough, and Mr. there is no material witnesses against them. Lowder and they do speak as much as any of For the latter witnesses of their denying of it
, the other doth concerning Bolron and Mow- it must be before they were of the Protestant bray, and they speak it when it was a time religion ; when they were concerned as much pertinent; for what they spoke to a justice of to conceal it, as any persons that were guilty peace at that time seems somewhat probable: of it: besides, in a discourse a man is not you heard what Mr. Lowder saith, they came bound to tell a neighbour all things that he to him to accuse them the 25th of January doth kvow, he cannot be safe to tell it to a pri 1679, and he put them off for that time, and he vate person at that time. It is very true, as my gives you reasons why he did it ; and then he brother bath told you, they were resolved when brings an order of council to examine Mow- they discovered it they would have security for bray, and he tells him what Mowbray would themselves : I suppose they needed not have swear, and be tells him he would swear against feared sir Miles fying from being apprehended; but if sir Miles was at large they might have therefore that was not as before a magistrate; feared it. But when they came to be examined but Mr. Lowder, they came to him as a magisupon their oaths before Mr. Lowder and Mr. trate ; therefore it must be for you to consider Tindal, there could not be any thing to excuse whether or no there might be a forgetfulness thein ; it is true, to my apprehension, there of them in their speaking, or a misunderstandwas no probable reasons wby these two gentle ing of them ; there is nothing else that I men should ask them if sir Miles were con- know can tend to the reconciling of it : for if cerned in the Plot; for in the information they there were a mistake by the one, or a forgetsaw his name was not mentioned ; thus they fulness in the other, then it might alter the unwere as much afraid as sir Miles was, it may derstanding ; but if they heard well and rebe ; it was their care of him, knowing what memhered true, then it will be, as I have said religion he was of, and knowing him to be re. before, more dificult to be reconciled. But, lated to sir T. Gascoigne. Now it doth depend gentlemen, upon the whole matter, it will deupon the credit of what they have sworn; they pend upon the construction and reputation of deny what is charged upon them by these what they swear, and these gentlemen speak, gentlemen; by sir Thomas Yarbrough and by which you are to consider. my lady; and it is true, Mr. Lowder was as a Having sworn a bailif, the Jury withdrew magistrate too, and sir Thomas was as a ma- for about half an hour's consultation together, gistrate too ; it is true, he was not apon the and then returuled into Court, and gave in their examination of them upon oath at that time, verdict Not Guilty.
280. The Trial of GEORGE BUsby, at Derby Assizes, for High
Treason, being a Romish Priest: 33 Charles II.* A. D. 1681. -, TAE court being sat, and the usual formalities industry had been used to procure witnesses to preceding business over, the pannel of the swear against him, and that having obtained his Grand Jury was called over, and nineteen of Habeas Corpus to be removed to London, the them sworn. The names of which gentlemen under sheriff falling sick, and being since dead, of the Grand Jury, which found the bill of In- the Habeas Corpus was not executed; be prays dictinent, &c. against George Busby, were as he may be removed, to the King's Bench, that follows : -Sir Henry Every of Egginton, bart., he may have time to inake his defence, he desir Robert Coke of Langford, bart., sir Wil- pending upon his Habeas Corpus, his most lian Boothby of Aslrborn, kt. and bart., sir material evidence to clear him, and to prove his Robert Clark of Chilcote, kt., William Fitz- being an alien, being then in London, &c, herbert of Tissington, Henry Cavendish of Baron Street. Mr. Busby, notwithstanding I Dovebridge, William Mundy of Darley, John must proceed to try you, the Grand Jury havLowe of Benby, William Berrisford of Bentley, ing found the hill Billa veru ; you say you are John Allen of Gresely, William Hopkinson of an alien; if that be so, then you are without Bousall, esquires ; William Lee, Lionel Par- this law of the 27th of Eliz. sbaw of Dionfield, Joseph Harpur of Yeavely, Busby. I had not my Habeas Corpus, and John Stuffin of Hopton, Matthew Smith of so am deprived of my witnesses to prove that I Denby, John Whigly of Cromford, Paul Jeu am an alien born. kinson, George Birds of Stanton, gentlemen. Baron Street. If they prove you not a na
tive, then the Indictment falls. The Indictment being brought into Court, Then the Clerk of Arraignments proceeded to Billa vera.
arraign the prisoner. Clerk of the Assises. Gaoler, set George Clerk. George Busby, hold up thy band, Busby to the bar. (Which was done.) (which he did.) “ Thou standest indicted by
Clerk of the Arraignments. George Busby, the name of George Busby, late of West-Hal"hold up thy hand, (Which he delayed to do. lam in the county of Derby, clerk, for that Clerk again. George Busby, bold up thy thon, being a subject of our sovereign lord the
king that now is, and being likewise born Wbich he did not do, but instead thereof, within this kingdom of England, was made presented a petition to the court to this effect, and ordained a priest by the authority derived
That he was committed to the gaol in March and pretended from the See of Rome, after the last, for being a popish priest, and that great feast of the Nativity of St. John Baptist, in the
first of the reign of our lady Elizabeth, See the Cases of Campiop and others, v. 1, late queen of England, &c. and before the 16th P: 1049 ; of David Lewis, y: 7, p. 249; of day of March, in the 33rd year of the reign of Thomas White, alias Whitehead and others, our sovereign lord Charles the second, of Eng, 1.7, p. 311 ; of sir George Wakeman and land, Scotland, France and Ireland king, deothers, v. 1, p. 591 ; of Charles Kerne, v.7, fender of the faith, &c. the laws and statutes of P. 707 ; of Andrew Brommach. v. 7, p. 715; this kingdom of England little weighing, nor and of William Atkins, v. 7, p. 726 of this Col- the punishments in the same contained not at lection.
all regarding ; with force and arms, &c, at the