can punish you, and God Almighty will punish you if you speak false. Thompson. An't like your honour, Robert Bolron was servant to sir Thomas Gascoigne, as steward of his coal pits; sir Thomas put him out of his coal-pits, and there was a great deal of money due, and he knew not how to get it, and therefore he would take threescore pounds for it, because he knew not how to get it, and he would take 397. at one time, and 281. at another, and came to the to be bound with him, which I was unwilling to; saith he, here is 381. good debt, and I shall take care to get the other, and if sir Thomas be not kind, I shall do him an ill turn. Just. Dolb. What is this to sir Miles Stapleton? Thomp. He did swear, this plot being discovered, they thought he knew something of sir Thomas Gascoigne, and he said before the plot broke out, there was never a catholic in Yorkshire was concerned in it? if there were any, it was above. Bar. Greg. This was before his information, I will lay a wager. Just. Dolben. How could he do him an ill turn? Thomp. My lord, this is the ill turn, Mr. Legget said he did it not for need: O Rob, Bolron, said I, do you thus requite sir Thomas Gascoigne's kindnesses? Bar. Greg. Did he speak any thing to you concerning sir Miles ? Sir Miles. I conceive when they reflect upon sir Thomas, they reflect upon me. nesses that were produced at sir T. Gascoigne's trial. Sir Miles. I have none of those witnesses. Just. Dolb. Certainly these witnesses would be as material as any you can have to do it. Sir Miles. I have them not here, my lord. Just. Dolben. Nay, that is because you dare not; the king's counsel will prove that what they spoke they were hired to, and had money from sir Tho. Gascoigne, which they confessed. it. Sir Miles. My lord, they made affidavit of Just. Dolben. Though they did, yet they confessed they were hired to it. The lady Vavasour called and examined. Sir Miles. My lord, I call my lady Vavasour to tell, whether sir Walter was there at the consult they tell us of at Barmbow. Just. Dolben. That will be hard for her to do; but call her in. (Who was called :) but speaking so low she could not be heard by the. court, and standing beside Mr. Justice Dolben, he repeated her words to the court. My lady saith this gentleman, she believes her husband was not there in any part of the year, because he was infirm at York. Now, gentlemen, I would only know, whether that be conclusive evidence when it is only possible. Mr. Legget called and examined, Sir Miles. Mr. Legget, pray, what money would Mr. Bolron have given you when I was taken. Just. Dolben. No, not so, you might be guilty Legget. Mr. Bolron desired me to lend his and sir Thomas innocent, or you might be in-wife some inoney to go to market with, and I did: nocent and sir Thomas guilty. Sir Miles. My lord, I think that as there was a consult at sir Tho. Gascoigne's, certainly if any one was guilty, we were all guilty. Bar. Gregory. There are some that conceive and I think not without grounds, that there are no considerable catholics in England, but they are concerned in the plot. Just. Dolben. There was one Dixon came at sir Tho. Gascoigne's trial, and said he heard Bolron and Mowbray down a pair of stairs, speaking of revenge against sir Tho. Gascoigne and my lady Tempest, and thinking these witnesses might now be produced, we called at Leeds to view the stairs, and I am sure neither my brother nor I could see any probability in it. Bar, Gregory. For satisfaction we made two go up into the chamber and stand where the witnesses were, and they spoke as loud as people do usually when they discourse, and I am sure I could neither perceive what they said, nor see them, unless I went three or four steps up. Just, Dolben. This is but occasioned by your jesting upon the matter. Nathanael Wilson called. Just. Dolben. Sir Miles, I would put you in mind of one thing; produce those two wit the same day between Tadcaster and York, Mr. Bolron asked me what allowance Dr. Oates had; I told him, I heard he had 500l. a year : and be answered, I deserve as much; for I have done as much good as he: as I was going for York, I met with Mr. Mowbray, and it raining, I put in at Tadcaster; when the rain was over, we set forward for York: said Mr. Mowbray, Mr. Bolron hath sent for me; so I went to Mr. Bolron to the George, and be sent for Mr. Mowbray, and he pulls out his information, and after he had read it, he asked him if he knew any thing of that, and he said, hẻ did not know of it. Just. Dolben. Well, what is this to the purpose? Did you hear him say any thing against sir Miles? Legget. I have heard Mr. Bolron say, that he had nothing to say against sir Miles Stapleton, but only he had made over his estate to sir John Daney. Just. Dolben. How came he to name sir Miles to you? Legget. He voluntarily told me of it, when we went to Allerton to apprehend some priests; and when I returned I told him, i took but one of these persons, old Mr. Metcalf'; and he said, he cared not if I had but taken but one Addy. Just. Dolben. You must not talk of this fashion. Sir Miles. It shews but what a kind of a man he is. Just. Dolben. So may we examine to the end of the chapter. Do you say Bolron read over his information to Mowbray, and he said he knew nothing of it as to sir Miles Stapleton ? Legget. No, my lord, but of sir Tho. Gascoigne; he asked him nothing, my lord, but against sir Tho. Gascoigne; after they went out and had been together, Mr. Bolron told me, sir Miles Stapleton was to be taken into custody; and he said, you may as well have it as another, but I'll go half ships with you: at last he told me, if I have 100l. of sir Miles, you shall have twenty of it. Just. Dolben. Had you any warrant at that time to take sir Miles? Just. Dolben. Tell us what she said. Holmes. She said, they were hard people; but she thought they were innocent to the plot, and she had nothing to say against them, as God shall judge her soul. Then another time, my lord, after Bolron came from York he met me. How, now, sister, I understand you are to be a witness against me at York, but if you will be kind to me, I'll be kind to you, and speak as favourably as I can; and he said, if he had known he should have been no better rewarded, he would never have been a witness; the devil should have been a witness as soon as he. Just. Dolben. Against whom? Holmes. Against sir Tho. Gascoigne and sir Miles, my lord, and he bid me be careful what I swore; for if we did swear false, he would have us at the pillory, and unless I would unsay what I had said in my lady's trial, he would punish me sufficiently. Just. Dolben. Who said this, know you? Holmes. Mr. Boiron, my lord: ** Bar. Gregory Where do you live? Holmes. I live, my lord, in Baldwin's Garden. Sir Tho. Stringer. Did you ever tell any that if they would come and swear against the evidence against sir Miles Stapleton, they should be sufficiently rewarded P Holmes. No, never in my life. Sir Miles. When did you see me last, Bol ron? Boiron. I have seen you in 1678 several times. Just. Dolben. He hath seen you in prison. Bolron. My lord, I have seen him at Barmbow-hall in 1678. Sir Tho. Stringer. You know sir Miles Stapleton? Bolron. Yes, very well; and I have several times talked with him. Sir Miles. I desire to know whether he hath seen sir Tho. Gascoigne and me discourse about any thing? Botron. No, not since the plot broke out. Sir Miles. He swore in sir Tho. Gascoigne's. trial, he heard me and sir Thomas discourse about Oates and Bedloe. · Just. Bolron. Well, how material will that be? Sir Miles. I shall prove that he swore false; for sir Thomas and I were never together since the plot broke forth. Just. Dolben. That is hard to do. Bar. Gregory. You have an excellent witness that can swear that. Sir Miles. In all probability I can do it. Just. Dolben. But that must not go before a positive. Well, have you done? Sir Miles. There is another witness or two, if it be not too tedious. Just. Dolben. No, we will stay here all day, if you please. · Edward Cooper called and examined. having been at Autherton fair, we met with Cooper. My lord, all that I can say is, we Mr. Mowbray; knowing him, and being acthere any thing of a truth in this that Bolron quainted with him, pray said I, whether is swears against sir Tho. Gascoigne, or no? No, saith he, he might as well have sworn it against the house as long as he, and I never knew any you, or another person; for I have been in such thing. had discovered any thing; for Mowbray was Justice Dolben. This was before Mowbray then a papist, and had taken the oath of secrecy Besides, it is not much what Mowbray said, he was going on a high-way: If it had been before a justice of peace, or if he had been upon his oath, then it had been more material. Madam Shereburn called and examined. Sir Miles. Madam Shereburn, pray declare what Bolron said at your house. Madam Shereburn. Mr. Bolron and Mowbray came to our house under the pretence of searching for priests, and Bolron took several parcels of silver away with him. Just. Dolben. Away, away, if you have any thing against him on the behalf of this gentleman, Madam, speak it; but you would prove him a thief, and say, he went to seek for priests, and he stole money from them. *Mowbray. We went to seek for priests, and we took some chalices and other popish trinkets away. Justice Dolben. Do not spend your's and our time in saying that Bolron and Mowbray were knavish boys; we, it may be, are guilty of extravagances in that particular. Baron: Gregory. They themselves confess they have been very bad; they took the oath Sir Tho. Stringer. It is generally concluded by all, that sir Miles hath been a very good man until he fell into this great action. Justice Dolben. Brother, have you any more to say? If not, I'll proceed. Sir Tho. Stringer. Only I desire that Dixon and Wilson may be called in to swear that they were hired at sir T. Gascoigne's Trial. Justice Dolben. Call them, then. Dixon called and sworn. Sir Tho. Stringer. Pray tell my lord and the jury what witnesses were hired, and whether you were hired to testify for sir T. Gascoigne or no? Diron. My lord, in November 1679, John Baily sent John Wilkinson for me, and when I came there, Batley was there; and they desired me to go; and there called me into the garden, and asked me, if I would be a witness for sir T. Gascoigne, and would give me Justice Dolben. Well, but what was he to say? Dixon. He was to say, he never saw Bolron nor Mowbray at his house. Saith Batley, I saw them at the door. Thou never didst see them in my house. Yes, saith he, I see them once, and my lord, the third time before they departed he might say, that in 1679 he came in and found them there. This he pressed on me, telling me, it was but telling a lie, for no oath was required in this case. Baron Gregory. Did Mr. Babbington offer you money? What would he have you to testify for it? Justice Dolben. What money would he have given you? Wilson. He would have given me 10l. and Hickering proffered me 107. Justice Dolben. Is Babbington a solicitor for sir Miles? Bolron. Yes, my lord, here he is. Dixon. Batley did press me to say again, that he never did see Mr. Bolron and Mowbray in his house, and he made a contrivance of that. Christ. Langley and Richard Cocker called and sworn. Sir Tho. Stringer. Pray tell my lords and the jury what you have been proffered, and by, whom, to give evidence for sir Miles. Chr. Langley. My lord, an't please you, I kept a public-house; so William Batley and John Ross came and called for a quart of ale, and this Richard Cocker was with us, and he said, if you'll go and be a witness for sir Miles in those things we shall direct you, you shall have a couple of oxen and half a score of sheep. Sir Tho. Stringer. Who proffered you this? Langley. Will. Batley and John Gross. Cocker. Well, it is the same, my lord, I went with him into his house, and be proffered him a couple of oxen, and half a score of sheep, if he would be a witness for sir Miles. Mr. Bayns called and sworn. Sir Tho. Stringer. Speak whether Mrs. Holmes would have had you to have recanted any thing against sir Miles. Bayns. She proffered me since I came into the kingdom of England threescore pound a year to have holden my tongue, if I had any thing to say against sir Miles: I told her not whether I had any thing or no, and she proffered me 60l. per ann. Mrs. Hewit said, she would give me more if I would say nothing against sir Miles. Just. Dolben. Did they make an assur ance? Buyns. I asked them, do you know another gentleman's purse? They said, they knew it very well, that he would give it. Sir Miles. Pray let Mrs. Holmes be called again. Just. Dolben. Well, she denies it. What is that Hewit? Bayns. He married another of my daughters, my lord. Just. Dolben. She only appeared zealous for sir Tho. Gascoigne, and she would be the same for sir Miles Stapleton. Have you any thing more, sir Miles? Sir Miles. No, my lord; only Mrs. Holmes denies. Just. Dolben. She does so. Sir Miles. I have not so much to say against Mr. Bayns. Just. Dolben. I do not hear he saith much against you. Baron Gregory. He had got his money pretty easily if he said nothing more against you; he had scarce earned his money. Sir Miles. I desire the jury may consider what credit was given to their evidence formerly in the former trials; for I speak seriously, I never spoke any such thing, nor was ever at any consult about any such thing; I believe there is none that knows me will believe it. Just, Dolben. Is that all? Sir Miles. The evidence is very improper I never thought ill against the king in my life; what reason was there for it? Just. Dolben. No reason at all that either you or any papist should do it, but only through the mad fiery zeal of the jesuits; for ever since the reformation you have enjoyed your estates and religion without any molestation; but you could not endure we should quietly enjoy our's. But if you have any matter on record against them, we will hear it. It may be you will say he is an idle fellow and the like; there will be no end of such reflections. Baron Gregory. You see what is produced on your behalf, sir Miles, though not by your direction, yet on your behalf, and they said it was but telling a lie. Sir Miles. No, my lord, not I; I never gave any such directions. Just. Dolben. Gentlemen of the jury, sir Miles Stapleton stands indicted for a very foul treason, for endeavouring to subvert the government, change the religion, and to bring in superstition and idolatry; which he could never do, without compassing the death of the king, he being the only obstacle in the way. This is his charge. The proof of this depends upon Bolron and Mowbray: Mr. Smith, the first witness, he only relates he hath been in Rome and France, and among all the priests he conversed with there was such a design on foot; but against sir Miles he knows nothing, but things told him by Mr. Thwing, which I must tell you is no evidence against sir Miles Stapleton. Bolron and Mowbray do positively swear the thing as plain as any thing can be; they both swear they were present at several consults, where it was resolved the king should be killed, and that sir. Miles did agree to it, and did agree to contribute 200, to carry on this design. Captain Bayns, being examined, he saith, he did really see sir Miles at Barmbow-hall at that time, but he doth not know whether it was about that or no. sir Miles Stapleton, that he was at the consult at Barmbow-hall; you have heard him often deliver this, and because it was somewhat material we desired him to speak it again and again: Bolron denies it, he never told what Mowbray could swear; so that depends upon the credit of the witnesses. Sir Thomas Yarbrough tells us that Bolron came to him, and knocked him up out of bed, for his warrant to search for Rushton a priest, who he said was at sir Miles's, and thereupon he asked him if he could tell any thing of sir Miles Stapleton, and he said no, with many asseverations; now if that information were the same that was sent to Mr. Lowder, then it is of no such weight, and it hath been presupposed by the king's counsel, that sir Thomas might forget himself, neither was there any thing in these papers relating to sir Miles, And my lady Yarbrough being in bed in the same chamber, she saith she heard the papers read, and her husband asked him of sir Miles Stapleton, but he denied that he was concerned in the Plot: and she saith further, in the afternoon, a gentleman brought him into the porch where they were sitting, and the gentleman asked him who were plotters, but he would not tell him: then he asked him if sir Miles Stapleton was concerned, and he positively denied it. These things hang not well together, I know not how to make any observations upon it; he denies that he said so, they say he did. The rest of the witnesses are not very much material; only, as I told you before, what talk they would have talked before they changed their religion there is nothing proved against them, but they are good witnesses in the law; there is no records, nor perjuries, nor any thing else that takes off their evidence, they have sworn it several times, and stand to it. Now you have heard and taken notice what objections have 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 Tho. 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 highest nature imathis time, that they were then discoursed gable: there are but two that swear posi 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 sir 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 Boiron and Mow-it must be before they were of the Protestant bray, and they speak it when it was a time pertinent; for what they spoke to a justice of peace at that time seems somewhat probable: you heard what Mr. Lowder saith, they came to him to accuse them the 25th of January 1679, and he put them off for that time, and he gives you reasons why he did it; and then he brings an order of council to examine Mowbray, and he tells him what Mowbray would swear, and he tells him he would swear against religion; when they were concerned as much to conceal it, as any persons that were guilty of it besides, in a discourse a man is not bound to tell a neighbour all things that he doth know, he cannot be safe to tell it to a private person at that time. It is very true, as my brother hath told you, they were resolved when they discovered it they would have security for themselves: I suppose they needed not have feared sir Miles flying from being apprehended; but if sir Miles was at large they might have feared it. But when they came to be examined upon their oaths before Mr. Lowder and Mr. Tindal, there could not be any thing to excuse them; it is true, to my apprehension, there was no probable reasons why these two gentle men should ask them if sir Miles were concerned in the Plot; for in the information they saw his name was not mentioned; thus they were as much afraid as sir Miles was, it may be; it was their care of him, knowing what religion he was of, and knowing him to be related to sir T. Gascoigne. Now it doth depend upon the credit of what they have sworn; they deny what is charged upon them by these gentlemen; by sir Thomas Yarbrough and by my lady; and it is true, Mr. Lowder was as a magistrate too, and sir Thomas was as a magistrate too; it is true, he was not upon the examination of them upon oath at that time, : therefore that was not as before a magistrate; but Mr. Lowder, they came to him as a magistrate; therefore it must be for you to consider whether or no there might be a forgetfulness of them in their speaking, or a misunderstanding of them; there is nothing else that I know can tend to the reconciling of it for if there were a mistake by the one, or a forgetfulness in the other, then it might alter the understanding; but if they heard well and remembered true, then it will be, as I have said before, more difficult to be reconciled. But, gentlemen, upon the whole matter, it will depend upon the construction and reputation of what they swear, and these gentlemen speak, which you are to consider. Having sworn a bailiff, the Jury withdrew for about half an hour's consultation together, and then returned into Court, and gave in their 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. THE court being sat, and the usual formalities preceding business over, the pannel of the Grand Jury was called over, and nineteen of them sworn. The names of which gentlemen of the Grand Jury, which found the bill of Indictment, &c. against George Busby, were as follows:-Sir Henry Every of Egginton, bart., sir Robert Coke of Langford, bart., sir William Boothby of Astborn, kt. and bart., sir Robert Clark of Chilcote, kt., William Fitzherbert of Tissington, Henry Cavendish of Dovebridge, William Mundy of Darley, John Lowe of Benby, William Berrisford of Bentley, John Allen of Gresely, William Hopkinson of Bonsall, esquires; William Lee, Lionel Parshaw of Dionfield, Joseph Harpur of Yeavely, John Stuffin of Hopton, Matthew Smith of Denby, John Whigly of Cromford, Paul Jeukinson, George Birds of Stanton, gentlemen. The Indictment being brought into Court, Clerk of the Assizes. Gaoler, set George hand. Which he did not do, but instead thereof, presented a petition to the court to this effect, That he was committed to the gaol in March last, for being a popish priest, and that great See the Cases of Campion and others, v. 1, p. 1049; of David Lewis, v. 7, p. 249; of Thomas White, alias Whitehead and others, v. 7, p. 311; of sir George Wakeman and others, v. 7, p. 591; of Charles Kerne, v. 7, p. 707; of Andrew Brommich. v. 7, p. 715; and of William Atkins, v. 7, p. 726 of this Collection. industry had been used to procure witnesses to swear against him, and that having obtained his Habeas Corpus to be removed to London, the under sheriff falling sick, and being since dead, the Habeas Corpus was not executed; he prays he may be removed, to the King's Bench, that he may have time to make his defence, he depending upon his Habeas Corpus, his most material evidence to clear him, and to prove his being an alien, being then in London, &c, Baron Street. Mr. Busby, notwithstanding I must proceed to try you, the Grand Jury having found the hill Billa vera; you say you are an alien; if that be so, then you are without this law of the 27th of Eliz. Busby. I had not my Habeas Corpus, and so am deprived of my witnesses to prove that I am an alien born. Baron Street. If they prove you not a native, then the Indictment falls. Then the Clerk of Arraignments proceeded to arraign the prisoner. Clerk. George Busby, hold up thy hand, (which he did.) "Thou standest indicted by the name of George Busby, late of West-Hallam in the county of Derby, clerk, for that thon, being a subject of our sovereign lord the king that now is, and being likewise born within this kingdom of England, was made and ordained a priest by the authority derived and pretended from the See of Rome, after the feast of the Nativity of St. John Baptist, in the first year of the reign of our lady Elizabeth, late queen of England, &c. and before the 16th day of March, in the 33rd year of the reign of our sovereign lord Charles the second, of England, Scotland, France and Ireland king, defender of the faith, &c. the laws and statutes of this kingdom of England little weighing, nor the punishments in the same contained not at all regarding; with force and arms, &c, at the |