A collection of the most remarkable and interesting trials : particularly of those persons who have forfeited their lives to the injured laws of their country : in which the most remarkable of the state trials will be included, with the defence and behaviour of the criminals, before and after condem online

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of the opinion of the Do&ors of Sorbonnq
about the taking the Oath of Allegiance.

L. C. J. No doubt all of them do not
approvcof it.

Mr. Juft. Dolbtn. As I believe this fame
Pracid was the occafion of fo many gentle-
men refufing the Oath of Allegiance, \
convicted above forty of them in that
country for not taking of it.

Mr. Serj. Maynard. Nofcitttr ex eomite.
You fee if this be the effect of it, what
reafon we have to rid ourfelves of thefe
Priefts. One that dares write fuch a letter,
and 'tis found in Sir Thomas's ftudy.

Mr. Juft. Pemberton. And Sir Thomas's
own hand on the back of it.

Mr. Serj. Maynard. My Lord, under fa-
vour, I do take it, that the debauching of
men in point of confeience, that they may
not take the Oath of Allegiance, is to fet
them loofe from the government, and loofe
from the King, and make them ready to
arm when they have opportunity.

Mr. Juft. Pemberton. No doubt of it,

L. C. J. All the Jefuits fay they may not
take it, but fome of the Sorbonnifts /ay
they may.

Mr. Juft. Pemberton. But now you fee
they are againft it.


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L. C. J. Some will, and fomc will not
allow it.

Mr. Juft. Jones. They take or leave
oaths as it is convenient for them.

Then the letter being Ihcwn to Mr.
Mowbray, and the indorfement acknow-
' ledged to be Sir Thomas's * hand, was
read* !

Clerk., York Cattle, May the 24th.

Honoured and ever deareft Sir,
LONGER time having paffed lince your
laft writing, it is fit to inform. you how
God's holy Providence difpofes concerning
us. All thcout-prilbners being called into
the cattle, (as you may have heard) Mrs.
Haftings's room was needed, and fo (lie
went into Caftlegate to refide at the former
lodging of one Mrs. Wait, (who is now in
the gaol) where fhe remains with Mrs.
Wait's two children and their maid-fervant,
teaching the children, as formerly ; alfo
the Moor's niece goes daily thither ; and
.Mrs. Haftings lives without charge as to
diet and lodging, as I formerly told you ■,
Ihe fpends all her time well, God be praifed,
and comes every morning about feven
o'clock to ferve God at the Cattle : But 1
and two others are much abridged of that
happinefs by her room being left by her
here. My liberty of going abroad is re-
strained with the reft, none being as yet
permitted the leaft, fincc thefe . laft were

forced to come in. Madam was here

the other day, and feemed fomewhat ti»
morous about Mrs. Haftings's teaching:
But mod in the cattle perfuaded her, that
it was mod commendable and moft fecure,
and fo fhe rctts fitisfied : Mrs. Cornwallis
is recovered of her ague, God be bleffed :
She defires her dutiful refpefts may be al-
ways prefented unto you, and intends her-
felf to write to you. -Mrs. Wood and her
companion are well, but dare, not as yet
walk in their own garden. All our now

N of T R I A L S. ,387

prifoners are: chearful, and each of us com-
forted, in hopes that God will mate all
Catholics of one mind : For I have a leuer
from our [Mr. Record. That is Superior.]
Spr. at London, (who was the fame day
taken and carried to prifon) wherein he de-
clares, alledging authority, That the pre-
tended Oath of Allegiance cannot -be taken,
as it is worded, adding, that three briefs
have formerly been fent from; the Pope,
exprefly prohibiting it • and in the third, ic v
is declared damnable to take it. And
yefterday we .had a letter* communicated
amongft us, fent by Mr. Middleton (now
at Paris) to. 'his friends here, containing the
atteftation of all the Sorbon Doftors againft
it ; adding, that whofoever here in England
give leave, they deceive people, and are
contrary to the whole Catholic church.
There was alio a meeting fome years ago,
of all the fuperiors both fecular and regular,
wherein it was unanimoufly declared, that
it could not be taken; Mr. Hiuchifon
(alias Berry) who has lately .printed a
pamphlet in defence of the oaths, has the
other day declared himfelf Proteftant at St.
Margaret's Weftminfter. And fo I reft,
Honoured Sir,
Your ever obliged

j. p.

Mr. Recorder. That is all, the other is
private. . 1

Mr. Alt. Gen. If. your Lordfliip pleafe^
we (hall now prove by fome witnetfes, that
he hath returned great fums of money, be*
caufe he faid he never had 2C0I. together j
and for this we call Mr. Phifwick ; (Who
wa$ fworn.) Come Sir, were you a fervant
to Sir Tho. Gafcoigne ?

Mr. Phifwick. Yes. '.

Mr.'Att. Gen. For how long time ?

Mr. Phifnick. For fix years and up-
wards. . .

Mr. Alt. Gen. In that fix years time what
fums of money did you return to London?

Nli\ Phifwick.

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Mr. Pbifwick. 'Tis abftra&ed in a note.

Mr. Att. Gen. Did you return all the funis
in that note ?

Mr. Pbifwick. 1 refer royfelf to my Al-

Mr. Att. Gen. Did you fet down this ac-
count ?
( Mr. Pbifwick. Yes, Sir ?

Mr. Att. Gen. Then thus, Sir, pray what
comes it to ?

Mr. Pbifwick. Thofe (urns do come to

L. C. J. "Whofe money was that ?

Mr. Pbifwick. Part of it was Sir Tho-
mas's, part his fon's, and part my Lady

L. C. J. Can you tell how much in any
one year you returned upon the account of
.Sir Thomas ?

Mr. Pbifwick. Not unlefs I had my Al-

L. C. J. It will be endlels to look over
&he particulars.

Mr. Juft. Pemberton. Can you make any
•eftimate in fix years how much you re-
turned for Sir Thomas himfelf ?

Mr. Pbifwick. No, not without my Al-
manack, becaufe I returned money for them


Mr. AtLGen. My Lady Tempeft and
Mr. Gafcoignc, it hath been proved, were
in all the diicourfes.

L. C. J. But that hath not any influ-
ence upon Sir Thomas.

Mr. Pbifwick. The Efquire lived much
in London.

Mr. Juft. Dolben. What eftate had he
to live upon ?

Mr. Pbifwick. Betwixt 4 and 500 1. a

Mr. Juft. Pemberton. What eftate had
Sir Thomas befides ?

Mr. Mowbray. My Lord, I believe it
was 1600I. a year, befides what Mr. Gaf-
coigne had.


Juft, Dolben. And what had my Lady
Tempeft ?

. Pbifwick. Three hundred/pounds a year.

Juft. Dolben. But ibe lived in YorkOiire?

Pbifwick. Yes.

Juit. Dolben. So (he needed little returns
to London ?

Juft. Pemberton. But admit they had re-
turned all* yet there was 300I. a. year to be
returned -for Sir Thomas.

Att. Gen. My Lord, here is Mr. Maw*
fon, I think 2500I. was received by him.

Pbifwick. I paid in the country, at Leeds,
money, that he paid here in town.

Att. Gen. Here is the 25I. paid to Har-
court, 1 would a(k him whether it were the
fame Harcourt that was executed ?

Juft. Pemberton. I think that not material.

Att. Gen. My Lord, if you plcafe we
will (hew you the examination taken before
the Council, that Sir Thomas did own this
Bolron had been his fervant, and never un-
faithful, but always took him to be, as he
now found him, a fool.

Juft. Dolben. If he objeft any thing, it
will come in properly by way or reply,

Att. Gen. Then now we have done till
we hear what the prifoner fays to it.

L. C. J. Tell him they have done with
their evidence againft him, if he will have
any witnefles examined, he muft call them.

Hob art. The King's evidence have been
all heard, and faid as much a& they can, the
court aflks you if you would call any wit-
nefies, or fay any thing for yourfelf ? Have
you any witnefies here ?

Sir TsGafc. Yes.

Hobart. Name them, Sir.

Juft. Dolben. Afk what he will have done
with them ?

Juft. Jones. Let him tell us to what pur*
pole he will call them.

Sir T. Gafc. To examine them to the
credit, and demeanour of thefe men, and
that there is no probability in their fug*


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Tlobart. Name them, Sir

Sir T. Gafc. They are all in that note.
Mr. Babbington was firft examined.

Juft. Pemberton. Afk Sir Thomas what
he would have him afked.

Sir ST. Gafc. Look you, Sir, what do
you know concerning the difference between
Mr. Bolron and I ?

L. C. J. Well, what fay you to that
queftion ?

Babbington. My Lord, I have not been
employed in Sir f homas Gafcoigne's bu-
fineli before the laft winter.

Juft. Dolben. What do you know then ?

Babbington. About fpring laft Sir Tho-
mas Gafcoigne was confulting with me
about money Bolron owed him upon two
bonds, and gave me direftions to fue them.
And likewile he was giving me directions
to deliver declarations in ejedtment for
gaining the pofleflion of his farm, becaufe
he did not pay his rent. —

L. C. J. How much were the bonds
for ?

Babbington. I have them here I think.

L. C. J. You need not look for them, ,
you may tell us the fums.

Babbington. The one is for twenty-eight
pounds, the other twenty, to the beft of
my remembrance. Mr. Bolron having
notice of this, did defire he would accept of
a conveyanceof an houfe he had atNewcaftle
for fatisfa&ion of his debt. Sir Thomas was
unwilling to accept of it, but 1 did prevail
with him to accept it, not in fatisfa&ion,
but as an additional fecurity j and the
deeds I have here that I drew for that

Juft. Pemberton. What time was this ?

• Babbington. This was a- little before laft
Trinity-Term begun. I have taken a me-
morandum within a day or two, if your
LoixMhip will give me leave to look upon

• Juft. Dolben. Have you not had all this
time to get your papers ready ?

Vol. I. No. 17.



Babbington. My memory is very fhort
indeed. But now I fee about the third or
fourth of June, Sir Thomas gave me orders
to deliver declarations in ejedtment.

Juft. Dolben. When did he firft bid you
queftion him for monies upon the bonds ?
. Babbington. It was fome time in May.

L. C. J. Did he tell you, you muftfuc
him ?

babbington. Yes.

L. Q. J. What then did Bolron fay ?

Babbington. Bolron did then defire that
Sir Thomas would accept of fecurity out of
his houfe at Newcaftle. Sir Thomas was
very hard to be perfuaded> but at length I
did prevail with him, and I ufed this argu-
ment, That it was not to lend fo much
money upon that fecurity, but his money
was already out of his hands, and elfe de-
fperate, and this was a further fecurity, and
that it would not leflen his other fecurity,
and upon thefe perfuafions he did let me
draw a deed to that purpofe.

L. C. J. Was this foriie time in May ?

Babbington. This difcourfe was in May.

L. C. J. Are you fure of it ?

Babbington. The directions that I had for
drawing the deed was in June, but the dif-
courfe with Sir Thomas was in May, and
I do perfeftly remember it by a circum-
ftance which I fhall tell your Lordfliip.
After the deeds were drawn, (for drawing
of which I had a letter under Bolron's own
hand, and if occafion be, I have the letter
here to produce) I came from York, having
been there, and appointed a day for the
fealing of them. 1 came to the houfe where
Bolron lived, and Sir Thomas met me, and
there I produced the deeds, and he of him-
felf was very ready and willing to the fealing
of them, but his wife, who was joined in
the deeds with him, would not by any
means feal, unlefs Sir Thomas would de-
liver up the bonds he had taken for the
money, but Sir Thomas did utterly refufe
to deliver up the bonds.

5 G L.C. J. What

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L. C. Ji What time in June was this ?

Babbington. A little before Whltfuntide.

L. C. J. What time was that ?

Babbington. That was the 14th of June,
as I remember, that I delivered the decla-
ration, and that day before, which was the
1 jth, to the beft of my remembrance, I
had this communication and difcourfe about
fealing the writings, which the wife refufed
to join in ; but Sir Thomas wjould only
take it as an additionalfecurity, refufing to
deliver up the bonds, but he would fuf-
,pend further profecution, and Bolron did
then defire no longer time than a month
for payment of the money. But his wife,
though (he were urged to feal the writings,
would not be perfuaded, but utterly denied
it. After we had fpent a great deal of time
there, Bolron comes to me, and defires me
to come another time, and he would per-
fuade his wife to feal the deed ; nay, faid I,
'tis not fit for me to come up and down un-
lefs it be to fome purpofe, and your wife
will feal ; Will ! nay, fays he, I will force
her to it. My anfwer was this, if you take
thefe courfes, Mr. Bolron, I muft by no
means be concerned in the matter * for
your wife muft pafs a fine, and we muft
examine her fecretly, and if (he tells me
Ihe does it by your force, I will not pafs it
if you would give me a 1000I. After this
about a fortnight he fent for me to come
and his wife would feal.

L. C. J. By the way, are you a Pro-
teftant ?

Babbington. Yes, I am, Sir.

L. C. J, And always was ?

Babbington. Yes.

An. Gen. Yes, he is an Attorney at
large, I know him very well.

Babbington. This was a fortnight or three
weeks after that, the latter end of June,
he fent for me to his houfe, and that his
wife would be contented to feal. And this
he defired might be done on the Tucfday,
which was Leeds Market-day, and I could

not go. The next day I called upon him
at Shippon-Hall ; he was then within, and
defired me to go up to Barnbow to Sir
Thomas Gafcoigne's with him : He faid he
fhould go within two or three days to New-
caftle, for he had a chapman that would
lay down the money, and take the fecurity
oi: the houfe, and he defired he might have
the liberty to go thither to treat about it.
I told him I did believe it would be no hard
matter to perfuade Sir Thomas to that, for
he would be very glad of it. I went up
with him to Barnbow, and as we went along,
he afked me if, Sir Thomas did intend to
fue him upon his bond? I told him I had
dircdions fo to do. He a(ked me like wife
if he would turn him out df his farm ? I
told him, yes, if he would not pay his
rent ; and the truth of it is, he did then
deny he had received the declaration ia
ejtftment : But my man afterwards made
his affidavit of delivery, and had judgment
upon it. Afterwards I went up to Sir
Thomas, and told him what Bolron defired,
and he confented t9 it as readily as it could
be afked ; and in coming away he told
Bolron, that in the management of his
coal- pits he did negleft very much, and did
go abroad, ftaying away two or three days
together. To this Bolron made fome ex-
cufc, and faid it was for colleding his debts.
Said Sir Thomas, I know not what you
are about, but if you do well for yourfelf*
I am fatisfied.

L. C. J. How long had he been from
him, and left his fervice then ?

Babbington. I know not when he went,
but this was in June laft. After this we
went back again, and in coming back he
was very inquifitive to the fame purpofe j
he was alking me— —

L. C. y. You fay he chid him, and told
him he was not a good hufband in his col-

Babbington. Yes ; and as we came back
he was inquifitive whether Sir Thomas Gaf-


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; Google


coignc would fue him, and turn him out of
his farm. I did then enter into the fame
expreffions, and told him, if he did not
pay, he muft be fued.

L. C. J. You told me, Sir Thomas had
agreed to flay fo long, when was this ?

Babbington. My Lord, this was after
we had parted with Sir Thomas.

L. C. J. After Sir Thomas had pro-
mifed him to ftay fo long time, then faid
he, as you were coming home, Do you
think he will fue me, and turn me out of
my farm ?

Babbington. Yes faid I: " Well, (faid
he) then by God I will do that which I did
not intend to do." What he meant by it,
I cannot tell, but this was a little before
he came to London, which I judge to be
the latter end of June; and this is all I
have to fay.

Then Obadiah Moor was called.

Juft. yones. Did you tell Sir Tho. Gaf-
coigne what he faid, then I will do what I
never did intend to do ?

Babbington. I did never tell him, my
Lord, for I looked upon it as an idle ex-
preflion. And I will tell your Lordftiip
why •> becaufe this man that is. now to be
examined did tell me, how. that he was
bound for him, and that Bolron to en-
courage him to be bound, faid, You need
not fear, for if Sir Thomas lues me, I
will inform again ft him for keeping Priefts
in his houfe •, and I did look upon it as an
idle expreflion.

Moor.. My Lord, in September laft, was
* twelve-month, Mr. Bolron did define me
to be bound with him to Sir Thomas Gaf
coigne. Said I, I told him, Mr. Bolron,
I have fome fmall acquaintance with you,
but I have no reafon to be bound with you.
Said he, Do not fear * there is my brother
Baker, and Stephen Thompfon are to be
bound as well as you. Said he> I will give
you my counter fecurity. That fignifies
nothing, faid I. You need not fear any

N of TRIALS, 391

fuits, faid he ; for if Sir Thomas fues m?,
I will fnform againft him for keeping
Priefts. Said I, When muft this money
be paid ? Said he, at Candlemas next. So
we went and were bound ; the one bond
was to be paid at Candlemas laft, and the
other in Auguft. And after Candlemas
he did not pay the money, and faid I, Mr.
Bolron, I don't like thefe Bonds, you muft
make new bonds for my fecurity. I was.
afraid of being fued, and I defired Mr.
Babbington to bring a writ againft him,,
which he did ; and upon Holy Thurfday
I had two Bailiffs ready to arreft him, but
he could not be found ; and I had two
likewife the Saturday before at his pits.'
Prefently after he came up to London,
and made an information, and on the 8 th
of Auguft laft I met him in Ferry-bridge,
and he came along with me ; faid he, Mr.
Moor, you and I have often difcourfed of
Sir Tho. Gafcoigne, you may do me good,
if you do not, pray do me no harm. You
have been often at his houfe. With that,
I aiked him if he was concerned in the
plot ? For, faid I, you have been often
telling me, and fworn it, and denied it ut-
terly, that he was no more concerned than
anybody elfe : But I did but equivocate
then, for I was a Papift, and if I had told
a thoufand lies, or killed twenty Pro-
teltants, our Prieft would have forgiven,
me for it. And fo coming to Farnborn*
two miles from Ferry-bridge, he plucked.
out 10 s. and faid, I have no more money
in my pocket but this, but pray be kind,
and do me no harm, for you know I have
denied it all along:

Juft. yones. Hath he done fo ?

Moor. Yes, feveral times.

L. C. y. How came you to difcourfe
with him, and queftion him about it ?

Moor. Becaufe there was a general dif-
courfe in the country, that there were few.
Papifts but what were concerned, and guilty
of the plot.

1 l. c. y.

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392 A C O L L E C T I

£. C. J. When was that difcourfe ?

Afwr. The latter end of September was
twelve-month, when the plot was firft dif-
covered. And he faid, Sir Thomas was
no more concerned than the child that was
to be born.

L. C. J. Had you any difcourfe with
him about May laft ?

Moor. No, my Lord, in Auguft, as I
told you, I had.

L. C. J. When was the laft time that he
told you. Sir Thomas had not an hand in
the plot ?

Moor. I can't certainly remember, but
I think it was in February, when I told
him I would fue the bond, or have better
Jecurity. It was a fmall time after Can-

Juft. Jones. What are you, a Proteftant
or a Papift ?

Moor. A Proteftant, bred and born fo.

Juft, Petnberton. He would have fworn
it no doubt at that time, for he was under
an oath of fecrecy.

L. C. J. But you fay Auguft was the firft
time that he difcourfed to you that Sir
Thomas was in the plot?

Moor. Yes.

Then Stephen Thompfon was called.

Juft. Dolben. Well, what know
of this bufmefs ?

Zbompfon. My Lord, if you will give me
leave to fpeak, I know a great deal of the
unkindnefs betwixt Sir Thomas and Mr.
Bolron. He came down to me,, he was
Sir Tho. Gafcoigne's Steward of his col-
liery, and Sir Thomas liked not of his ac-
counts, and turned him forth. There was
a great deal of money owing to Sir Thomas,
and he came to Sir Thomas to agree about
it, and he defired me to be bound with him
to Sir Thomas : Said I, Mr. Bolron, how
fhall I be fecured ? Said he, there is a great
deal of money of which I never gave Sir
Thomas any account, I will gather it in

ON or T R I A L S.

and fecure all^ and fo SirThomas Gafcoignc
knew nothing of it. -So bonds for 6oU
were entered into to pay 2 8 1, at Candle-
mas. So Sir, when Candlemas came, and
he did not pay the money, I went up to
him, and afked him what he would do
about this money, what courfe he would
take to fatisfy ? Oh ! never fear, faid he \
why faid' I, hath he any hand in the plot ?
If he hath, let us know it*, for he had
made a great deal of his goods away, and
then I thought I fhould not be fecured ;
Oh, faid he, he is a fin lefs of it.

TL C. J. Who did make away his goods?

Ibompfon. Bolron did.

L. C. J. When was this ?

Tbomp/on. Candlemas laft. For then I
thought Sir Thomas might file me for the
money, and I would fain have known if Sir
Thomas had any hand in the plot, and I
preffed him much to tell me. Then it
paired on, and having a writ but againft
me,. I durft not ftir out myfelf, but I did
fend my man to bim to know what he did
intend to do about it: He told my man,
brother* tell thy matter he need not to fear
at all ; Why, faid my man, do you know
he hath any hand in the plot ? — —

Juft. Dolben. That is but what your man

Juft. P ember ton. Is your man here ?

Thompfon. No.

Juft. Dolben. Therefore you muft not
urge that he. faid to you, 'tis no evi-

Ibompfon. On Thurfday after I went up
to him myfelf, and got him to go up to
Sir Thomas, and fo when he came to S ir
Thomas, he would give him no rime but a
fortnight to pay the money j Bolron defired
but three weeks time and he would procure
him bis money ; fo away we came down.
Said I, what do you intend to do in this
caie ? Said be, "If he do fue me, I will do
him an ill turn ;" and foon after he went


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to London, and laid, he would go to fell
his land at Newcaftle ; and a while after I
went out to fee if he were come again $ and
meeting him, it was when he was going to
London again to carry on his defign : Said
I, Robert Bolron, what do you fay in this
cafe j you are going now to leave the
country, and how fhall I be ftcured againft
Sir Thomas ? Do nor qneftion it, faid he,
for I am to receive on the King's account,

L. C. J. Upon whofe account ?

Vbompfon. Upon the King's, concerning
the taking SirT. Gafcoigne.

Bolron. But I never ha I a farthing of it.

Tbompfon. But faid he, I will not take it,
for another bids me 60I. and I know what
Otes and Bedloe had, and I won't abate a
farthing of that.

L. C. J. When was this ?

Tbontpfon. It was a&er he had taken him ;
and on Holy Thurfday he did fay, " If he
did fuc him, he would do him an ill turn."

Then the Lord Chief Juftice being to
fit atNifi prius at Guildhall, went off

William Backhoufe was next called.

Juft Jones. Let him afk Backhoufe what
he will.

Sir T. Gafc. I would afk him what threats
he gave to his wife to fwear againft her con-
science, -and promife of 500I. he fhould
gain by it.

Backhoufe. I ferved the warrant to carry
the witneffes before Efcn Lowther and Efq;
Tindal : I was charged the 7th of July
laft to help to fetch the witneffes before the
jufticcs, and to take Sir T. Gafcoigne, I and
two of my fons, and he opened the door
his own felf. When we had taken him,
Efq-, Lowtherdirefted us to bring the wit-
neffes before him, and we did fo. When
we came to Bolron's houfe, his wife was
fick on bed, and I faid that (he muft go be-
fore the Juftice of Peace to fwear againft

Voi.. 1. No, 17.


Sir T. Gafcoigne for high treafon : She
fcid fhe knew nothing againft Sir Thomas,
but Bolron faid fhe mult go, or he would
have Ifer drawn at the cart's arfe.

Then Hamfworth was called.

Juft. Jones. What will he afk him ?

Sir T. Gafc. I- afk him about the threat-
ening of his wife.

Hamfworth. May it pleafe you, my Lord,
the fame day that Sir T. Gafcoige was ta'cen,
Robert Bolron came to his, wife, and told"
her, fhe muft go to Efq-, Lowther, to fwear
againft Sir T. Gafcoigne; fhe fell a weep-
ing, and would not go by no means ♦, he
threatened if fhe would not go, he would
tie her to the horfe's tail.

Juft. Dolien. Did he tell her what fhe
fhould fwear ?

Hamfworth. I did not hear him, only to
fwear againft Sir Thomas.

Juft. Do/ben. What fhe knew, was it ?

Hamfworth. Yes-, and fhe faid fhe did

Online LibrarySnaggRA collection of the most remarkable and interesting trials : particularly of those persons who have forfeited their lives to the injured laws of their country : in which the most remarkable of the state trials will be included, with the defence and behaviour of the criminals, before and after condem → online text (page 59 of 111)