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A31233
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The Earl of Castlemain's manifesto; Manifesto
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Castlemaine, Roger Palmer, Earl of, 1634-1705.
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1681
(1681)
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Wing C1245; ESTC R8304
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54,743
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145
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also one of the Judges These were the Heads of the Records but it being now a Point in Law whether Dangerfield could be heard as a Witness I demanded Councel to argue it and had Mr. Jones Mr. Sanders and Mr. Darnel assign'd me Mr. Jones said he was not prepar'd Mr. Sanders happen'd not to be in Court so that Mr. Darnel addressing himself to the Judges very learnedly spake to this effect I conceive with submission to your Lordships that notwithstanding this Pardon Dangerfield cannot be a Witness because the Pardon hath only taken away the Punishment and not the Guilt of his Offence My Lords It is adjudg'd in * Fol. 41. 11 Hen. 4. That a man attainted of Felony as Dangerfield is tho' he be afterwards pardon'd cannot be sworn of a Jury Of the same opinion also was the Court of Common-Pleas in 9 Jacobi as we find it in Brownlow's and Goldsborough's * Fol. 34. Reports and my Lord Cook in Brown's and Crashaw's Case reported by Mr. Bulstrode was of the same * 2d Rep. fol. 154. opinion viz. That a man attainted tho' pardon'd can never serve upon an Inquest and consequently cannot be a Witness in any Case and the Reason he gave was because he is not Probus legalis homo for says he Poena mori potest culpa perennis erit In Mr. Brownlow's * Fol. 47. 2d Report 't is adjudg'd That if the King pardons a man attainted for giving a false Verdict yet he shall not be at another time impanell'd upon any Jury for tho' the Punishment be pardon'd the Guilt remains Upon which Authorities I humbly submit to your Judgments whether Dangerfield can be a Witness Mr. Attorney on the contrary urg'd That the King's Pardon had not only taken away the Punishment but the Guilt also and so clears the Person from the Crime and Infamy and for this he cited the Case in Fitz-Herbert Coron where in an Appeal of Felony the Defendant offer'd Tryal by Battel and the Plaintiff counterpleaded it by saying The Defendant being apprehended escap'd and brake Prison which presumes a guiltiness but proceeds he if the King pardons that breaking of Prison the Desendant shall be restored to the Battel and the Counterplea taken away Mr. Sollicitor argu'd to the same purpose That the King's Pardon doth not only clear the Offence it self but all the Dependencies Penalties and Disabilities incident to it Mr. Sergeant Jeofferies cited Cuddington's Case in my Lord Hobart's Reports That the Pardon takes away the Reatum as well as the Poenam and he said besides That the constant Practice at the Old-Baily had been to admit an attainted Felon after his Pardon to be a Witness and this Sir Francis Withens did also much insist upon The Court answer'd as to the Practice That perhaps no Exception had been made to it by the Parties concern'd but doubting a little Mr. Darnel's Citations they call'd for the Books and finding them true sent Mr. Justice Raimond to the Common-Pleas for their Opinion which was That a man attainted as Dangerfield upon an Outlawry for Felony could not be a Witness tho' pardon'd but if attainted and burnt in the hand he might Now this being thought the present Case tho' since upon further consideration it is found to have been a mistake for Dangerfield was not burnt in the hand for the Felony upon which he was Outlaw'd but lately pardon'd so that by reason of that Attainder he can never be again a legal Witness I say this being thought the present Case the Court told me as they did before that tho' he were to be heard yet any Record to invalidate his Testimony and show what a man he was should be read and consider'd and thereupon he was sworn the Dispute having lasted above an hour His Evidence was this Dangerfield's Evidence That being sent to me with a Letter from my Lady Powis which he gave me I dispatch'd him back with an Answer which her Ladiship open'd and read aloud in his presence Mrs. Cellier being also by That the said Answer express'd a liking of him the said Dangerfield as a fit man to instruct the Youths who were sent from St. Omers against Mr. Oates That I did teach those Youths what to say at the Tryals That when any One was out of his Part it was common for to say I must go to my Lord Castlemain and being ask'd by the Ch. Justice Who said so He answer'd That among others he heard Gifford say it That I order'd the taking Lane out of Prison That I approv'd of the Letters and List of Names which he brought me from Mr. Nevil alias Pain to be convey'd into the Houses of the Presbyterians being all to the same effect with those he had already put into Col. Mansel's Chamber tending to the credit of the Sham-Plot That to this end I order'd him to imploy men to transcribe the said Letters That I being inform'd by a Letter from him that the Persons imploy'd had finish'd their Work I sent him by a Messenger that is now in Court 40 s. having sent as much more to Mrs. Cellier as she told him That in the middle of August 79. he Dangerfield came to me and one of my Servants that was by being sent away I said to him with a very austere countenance and like one that meditated Revenge Why did you refuse to perform what the Lords in the Tower propos'd to you He ask'd If it were to kill the King And I answer'd Yes but seeing me in fury he ran down stairs and never came to me more That as he thinks I was then writing the Compendium for he saw some words in a Paragraph which he after wards saw in the printed Book and I had also then a Pen in my hand and Ink by That I us'd to call the King TYRANT and being ask'd how and upon what occasion I said so He answer'd That if he demanded of me for example when his Majesty return'd from Windsor I would say When the Tyrant pleases and he heard me use the word to Mrs. Cellier in Powis-house Now the chief Question which I ask'd him was Whether I were not angry for his going to the Tower to my Lord Powis and the rest in my Name about printing the Jesuits Speeches and therefore forbade Mrs. Cellier from ever sending him any more to my House telling her withal If he came I would order my Servants to kick him This he absolutely deni'd and then I said I should now with the Courts Permission produce Evidence to disprove what had been alledg'd against me and that I would begin with Mr. Oates tho' I could not but rejoyce that Mr. Dangerfield was receiv'd as a Witness since every word that he had mention'd to them should be proved a notorious Lye The 1st thing I offer'd Mr. Parker and the Hastings Record was after the calling for Mr. Parker a Record from Hastings which show'd that Mr. Oates had Anno 1675. accus'd
to go to her afterwards and asked me if I thought it convenient to have their Speeches printed I told him By all means for why should such excellent and loyal things fall to the ground He replied That it would cost Ten pound Well said I if it does tell my Lady I 'l willingly give something towards it and so he departed Not long after I went to the Tower to see my Lord and as soon as I met him said he with an apparent dissatisfaction Why did you send a stranger to me And besides what have I to do with the Jesuits Speeches Has any body answer'd I been with you in my Name concerning that Affair Yes replied he one Willoughby as they call'd him whom I sent away as he came as soon as he acquainted me with the message This accident surprizing and troubling me not a little I took my leave of his Lordship assuring him that I never sent the Fellow and so went straight to Mrs. Cellier who being hunted for by Sir William Waller and Captain Richardson lay then at Powis-house and bidding the Porter call her to me I acquainted her what the Spark had done and also told her He was so great a Villain that if ever he came any more to me I would order my Servants to kick him out of my House Thus my Lord said I to the Chancellor you have an account of my acquaintaince with Willoughby and the reason also I had to be angry and to forbid him for ever coming near me again But answer'd the Chancellor did you never know of any Proposal made to him by the Lords in the Tower No said I. Nor were you proceeds his Lordship ever angry with him for refusing to perform what they proposed to him No replied I I assure your Lordships Mr. Willoughby says the Chancellor you may perchance refresh my Lord's memory with particular circumstances Upon which he appeared on the other side of the Table being before with his Keeper in a corner unseen by me and making a bow I am beholding said he to your Lordship for confirming so material a part of my Evidence As how good Mr. Willoughby answered I That I was said he with the Lords in the Tower But Sir answered I did I not after your going thus thither in my Name forbid you from coming at me any more You did answered he and it was the last time I came Then make I pray what advantage you can said I. The Lords in the Tower continues he having made me the proposal I crav'd time to consider of it which did not a little displease them And when I went next to my Lord Castlemain's I found him in his Study who as soon as he perceived me rose up in anger and asked me Why I would not do that which the Lords proposed to me and for which I was taken out of Prison So that finding his Lordship in passion I ran down stairs and went away Willoughby affirming this and I the contrary viz. That I never heard of any Proposal made him by the Lords The Chancellor said He would tell me what the Proposal was to make me the better call the whole business to mind and then declar'd That they had propos'd the Killing of the King to him and this also Willoughby attested I know nothing of it replied I and thereupon asked Willoughby when it was that I thus frighted him down stairs As he was musing a while and looking up in a considering posture I said You had need Friend consider well for it is the Question about time is the thing that will ever confound you and such as you are At last he told me It was a fortnight or three weeks after Sir Geo. Wakeman's Trial. Now my Lords replied I I have all I desire having caught him as I expected in a most evident Lie and Contradiction for did he not confess to your Lordships that he never came to me after his Knavery at the Tower which was as appears by the publick sale of the Jesuits Speeches at least five weeks before Sir George Wakeman 's Trial and yet now he affirms That my being angry with him was even a fortnight or three weeks after the said Trial. This so much startled him that he had nothing to say but that he would shew me circumstances to prove the Truth of his Allegation which were That I was then writing the Compendium a Paragraph of which he read as it lay before me on the Table That one Lawson was then in the House as also Turner the Bookseller These said I are vain things and so far from reconciling your former Contradictions that they create new ones For how was it possible for you to read a paragraph in a Paper when I my self was by and as you urge in an angry humour at the very first sight of you And here I must with my Reader 's leave further acquaint him That Dangerfield neither pretended to have done this by surprize nor would it have availed him had he said so for my Chair and Table in my Study as every one of my Servants knew and as the very Officers that had newly search'd it could witness so face the door that it is impossible for any body to come in and not to be presently seen by me when there Now continu'd I to Dangerfield for the persons you name they are easily guess'd at Lawson being my Sollicitor and consequently most mornings with me and the other my Bookseller who having Orders to bring me still whatsoever was new could not but be often at my House the Press being at present so prolifick He to amuse me and the Board began again with the Compendium and that he read only part of a Paragraph but the Chancellor telling him that that was not the present Question he was sent out and Mr. Oates came in Oates came in against me who had not long before written in a Note that he had something to accuse me of As he was going to speak the Chancellor commanded the Clerk to give him his Oath Mr. Oates answer'd he had already sworn to what he had there to say If you have sworn a thousand times reply'd his Lordship no body here will believe you unless you swear also before them Upon that he kissed the Book without more words and then said Oates's his Accusation before the King and Council That he saw me at a Meeting in which I approved of the Design of killing the King That I had sued out a Divorce in the Court of Rome between me and the Dutchess of Cleveland which Divorce he saw in the hands of Mr. Strange the then Provincial and that he had also seen Letters both from Liege and Rome if I forget not that I was a Priest and had said Mass I assured their Lordships that I would not tell them a Lye upon any account whatsoever and if they found me thus guilty in the least particular I desired that all things laid to my