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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	see_v	word_n	write_v	4,744	5	5.2335	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63190	The tryal of Roger Earl of Castlemaine for high treason in conspiring the death of the King, the subversion of the government, and introducing of popery and arbitrary power : before the Lord Chief Justice Scroggs &c. at the King's Bench Bar at Westminster the 23th of June 1680 where he was acquitted.	Castlemaine, Roger Palmer, Earl of, 1634-1705.; England and Wales. Court of King's Bench.	1681 (1681)	Wing T2214; ESTC R27542	45,091	76

a Pardon for Felonies and Out-lawries of Felony in general Mr. Darnal If the Persons and their Offences are severally and sufficiently pardoned then my Lord I will proceed unto the other Point J. Jones The whole is good D. Darnal Then my Lord I conceive notwithstanding this Pardon Mr. Dangerfield ought not to be Sworn and that no Person attainted of Felony though Pardon'd can be a Witness My Lord it hath been Adjudged in 11 Henry the 4th Quadragessimo primo that a Man Attainted of Felony as Mr. Dangerfield is though he be afterwards Pardoned cannot be Sworn of a Jury My Lord the same question hath been resolved since In Nono Jacobi It is reported in Mr. Brownlow's and Goldsborough's Reports Folio Tricessimo Quarto And my Lord Cook in Mr. Bulstrode's Second Reports 154. In Brown and Crashaw's Case is of the same Opinion He says A Man Attainted and Pardon'd cannot serve upon any Inquest and that by the same reason the Testimony of such a man for a Witness is in all Cases to be rejected L. C. J. Who says so Mr. Darnal My Lord Cook L. C. J. Men do not slight my Lord Cook Where do you say that is Mr. Darnal It is in Mr. Bulstrode's Second Reports in Brown and Crashaw's Case Fo. 154. J. Jones But you should have brought these Books hither Mr. Darnal I suppose Sir they may be had in the Hall My Lord Cook gives this Reason for it in that Case He saith That notwithstanding his Pardon he is not Probus legalis homo J. Jones That Pardon was before any Judgment it was a Pardon of Felony before any Tryal or Judgement but here is a Conviction Mr. Darnal My Lord Cook puts the case there of a Man Attainted And my Lord Induodecime Jacobi It is reported in Brownlow's Reports Folio 47. J. Raymond Which of his Reports Mr. Darnal I know but of one set out in his Name alone the other which is call'd the First Part is sett out in his and Goldsborough's Name I have Mr. Brownlow's Reports here and if your Lordship please you may see it L. C. J. What is the Page Mr. Darnal Forty Seven my Lord The case there reported is The King Pardon'd a Man Attaint for giving a false Verdict yet he shall not be at another time Empannell'd upon any Jury and the reason given there is that though the Punishment was Pardon'd yet the Guilt remain'd J. Jones That is a very short Note and not so much in the Book as you have mentioned Mr. Darnal I writ it word for word out of the Book Sir and I am sure there is so much in my Book My Lord in Mr. Justice Crooke's Elizabeth Fol. 686. in Shelborn's Case it is held that though the King may Pardon Simony yet he cannot enable a Simoniack to retain a Living L. C. J. The Act doth make him not capable Mr. Darnal I conceive Sir it is upon the same reason because the Pardon cannot take away the Guilt though it may the Punishment of the Offence J. Raymond He can't dispense with Simony he can't give a dispensation to take a Living Mr. Darnal My Lord upon these Resolutions and the reason of them I humbly submit it to your Lordship whether Mr. Dangerfield having been Attainted of Felony though he be since Pardon'd can be a Witness Att. General My Lord with your Lordships Favour this is quite contrary to the constant and general Opinion and contrary to the constant Practice For my Lord with your Lordships Favour when a Man is Pardon'd for any Crime if a Man can't say he is a Felon or he is Perjured then he can't be reckoned so to any intent or purpose whatsoever L. C. J. I told you before it is consonant to all the Reason and Law in the World that a Pardon should stop Mens Mouths from reviling speeches that signifie nothing but it is one thing to say men shall not go reviling that can have no consequent good but which tends to the Breach of the Peace and another thing to say he shall be Liber Att. General My Lord when the King gives him a Pardon it is as if he had never committed the Offence L. C. J. He may be outlawed notwithstanding the Kings Pardon and then it is not as if he had never committed the Offence J. Jones It restores him to wage battle and it makes him Liber legalis homo for if a man may wage battle he is Liber legalis homo Att. General Then my Lord if he be so he shall be a Witness For my Lord in the Point of Perjury a man that after a Conviction of Perjury had a Pardon hath been admitted several times L. C. J. Was the Exception taken Mr. Atturney Att. General Yes my Lord and he rejected before he had a Pardon J. Raymond How many Men have been Witnesses that have been convicted of Felonies after the Kings have Pardon'd them Recorder I will not adventure to say that there hath been a particular Objection made and so that the Court hath had the Debate of it but I will undertake to give your Lordship several instances of Men that have been Convicted and the Judges sitting there knew them to be so Convicted and did not take notice of it J. Raymond I speak of Witheringon particularly Recorder He was a Witness though every man did know that Witherington was Convicted I begg your Lordships leaves to speak it that the Judges themselves did know that he was Convicted and had received Sentence of Death Sir F. W. The constant Practices of the Judges is a mighty Conclusion L. C. J. What think you Mr. Atturney if a Man be Convicted of Felony and afterwards hath a General Pardon is he a Witness Att. General Yes truly my Lord it signifies the same thing my Lord as to be a Freeman again J. Jones He cannot be of a Jury if he be Attainted of Felony and the reason is because he is not Probus legalis homo and why he should not as well be of a Jury as a Witness I cannot understand Att. General There is a great deal of difference my Lord a great many Men may be admitted to be Witnesses that cannot be admitted to be Jury men J. Jones Shew me any man that is excluded from a Jury and admitted to be a Witness except in the case of Kindred Att. General An hundred L. C. J. Shew me any Man who being of a Jury was excluded and yet made a Witness Att. General A Villian was not admitted to be a Jury man but a Villain was always to be a Witness and that was a point of Infamy L. C. J. What Infamy was contain'd in being a Villain Att. General He was a Criminal he was not Liber homo L. C. J. But though he be not a Freeman he may be an honest man Recorder My Lord Hobart says A Pardon takes away the Guilt L. C. J. It takes away Guilt so far as he shall never be questioned but

Letters and Lists of Names containing matter to the same effect as I told you before as those in Mansell's Chamber and all tending to the Credit of the Sham Plot or the Presbyterian Plot. Now my Lord a pretty while after this in August as near as I can remember about the middle of August I went to wait upon his Lordship the very next day after I had been treated withal in the Tower to kill the King whom God preserve my Lord and his Lordship had a Servant then in the Room and he sent his Servant down Stairs and looked upon me with a very Austere Countenance Said he Why would you offer to refuse the business for which you were taken out of Prison L. C. J. To you Mr. Dangerfield To me my Lord. L. C. J. Who was by Mr. Dangerfield No body but his Lordship and my self for he sent his Servant out before So he asked me Why I would offer to refuse the business I was taken out of Prison for I asked his Lordship What that was Said he Was not you at the Tower yesterday Yes my Lord I was Would your Lordship have me Kill the King I suppose that 's the business Yes that is said he Upon which my Lord fell into such a fury that I was fore'd rudely to leave the Room and went down Stairs I think at the same time his Lordship was writing the Compendium of the late Plot for there I saw some words in a Paragraph that lay upon the Table which I afterwards saw in that Book There was Ink set upon the Table and open in his Lordships hand And his Lordship did use in his Discourse to call his Majesty Tyrant L. C. J. Have you heard him In what company Mr. Dangerfield In his familiar Discourse As to ask when his Majesty will return from Windsor Says he When the Tyrant pleases And I remember I heard his Lordship mention the word Tyrant to Mrs. Cellier at Powis-house Att. General How came that Discourse about Killing the King What was the occasion of that Discourse L. C. J. Had you refused it to my Lord Mr. Dangerfield Yes my Lord I refused L. C. J. What did you say to him Mr. Dangerfield I said any body but my King my Lord. L. C. J. He said Why did you refuse to do that for which you were taken out of Prison What is that my Lord Was not you at the Tower yesterday Why won't you do it What is it my ●ord Is it to Kill the King I suppose that it is saith he That your Lordship intends Yes says he That is it why won't you do it That is what he says Att. General That is the Evidence we give J. Jones You say he was very violent L. C. J. Was you ever in his company afterwards Mr. Dangerfield No not after that my Lord that I know of L. C. J. What kind of fury did he shew to you at that time Mr. Dangerfield My Lord he was in a great rage as his Lordship is very cholerick he was bustling about and I knew not what he intended to do and I was unwilling to stand the Test of his Anger His Lordship seemed by his look to be meditating Revenge L. C. J. How Mr. Dangerfield I say this After his Lordship had sent his Servant out of the Room said he Why would you offer to refuse the business for which you were taken out of Prison Said he Were not you at the Tower yesterday Said I Yes my Lord I was Would you have me kill the King Is that the business Yes that it is said my Lord very angrily Prisoner When did you go to the Tower Was this the next day after it Mr. Dangerfield The next day after it Prisoner Mr. Dangerfield Pray let me ask you one Question Did not I threaten to kill you or have some of my Servants kill you if you came unto me again Mr. Dangerfield One time his Lordship saw me at my Lady Powis's house and he shewed me a very particular Favour I speak it in the presence of Almighty God nothing out of revenge nor for any sort of Interest Prisoner Was I never angry with you but at that time Mr. Dangerfield No my Lord I know not or any other time that your Lordship was angry L. C. J. Now what say you my Lord Prisoner The First thing I desire to do is here are two Gentlemen gives in Evidence against me the one is Mr. Oates the other Mr. Dangerfield Mr. Oates says That he in Spain did see several Letters from me That when he came over into England he brought a Letter from Spain to me that that Letter was given to the Provincial and the Provincial he supposes gave it me Now my Lord I only desire this that the first thing that shall be done is that you will please to call Mr. Parker who will shew you what a kind of Man Mr. Oates is And I am glad since you say that Mr. Dangerfield is a good Witness that I can prove that every word he says is a lie And so begin with Mr. Oates Prisoner My Lord I would offer you a Record a Record of some particular Actions from Hastings L. C. J. Read the Record The Record Read L. C. J. What use can you make of this Prisoner My Lord the case is only this My Lord I will tell you here is Mr. Oates this is only to shew what kind of Man this Mr. Oates is Mr. Oates he comes and accuses a Man at Hastings for Buggery there he is Indicted and comes to his Tryal and then he is found Innocent Now my Lord I sent for this Mr. Parker to tell your Lordship what kind of man this Mr. Oates was and for that purpose shew the whole proceeding L. C. J. My Lord you shall have all the Justice in the World but we must have right done to the Kings Evidence You have brought in a thing whereby all you can make against Mr. Oates is this That he was the Prosecutor of a Man for the Crime of Buggery and is supposed to have taken his Oath there and notwithstanding the Jury would not believe him and found the Man not Guilty Prisoner My Lord I come to shew you the motives how the Jury came to clear him that is by proving this man was in another place at that time and satisfied the Court and Jury that he was from Eleven a Clock or sooner till Eight or Ten a Clock with them in Company where it was only the malice that was between Oates and Parker And several Witnesses that were in the place where he said the Buggery was committed said that he was not there and they Witnesses positively said they were with him and all looked upon Mr. Oates as a detestable man and sent him out of the Court. L. C. J. Do you prove this by any but Parker J. Raymond This ought not to be admitted for if it be Mr. Oates stands here to answer all the Faults

that ever he committed L. C. J. Here is the Case Supposing it be true now that Mr. Oates prosecuted a man for Felony and he gave Testimony supposing it should be so and yet the Jury acquitted him What use can you make of it You can make no Inference it is a thing we must allow all the Juries in England For there is Witness generally given on both sides and when there are for the Plantiff the Defendants Evidence are all Perjured and when for the Defendant the Plaintiffs Evidence are Perjured Prisoner My Lord this is the Inference Thus much I make of it that this Parker is Innocent Oates swears positively he did so the other swears positively this man was not there to shew the Malice Oates had against him L. C. J. My Lord you can go no further than you have gone The result of all is that the Jury found him not Guilty For what grounds no man can come to say but the Jury men themselves No man can tell what prevailed with the Jury to find him not Guilty that is in their own Consciences and these are things that cannot be Examined His Jury notwithstanding Mr. Oates was the only Prosecutor they found him not Guilty and it amounts to nothing Prisoner My Lord there is another thing while this man was in Prison what does Oates do but comes here to London accuses the Father who was a considerable man in the Town a Justice of the Peace and Mayor the year before accuses him because he should not assist his Son accuses him before the King of speaking scandalous words Then he gets him by a Messenger brought up before the Council the King was present at the hearing and there it was proved to the King as the order of Council shews that he was an honest man and so the Council sent Oates away with the greatest contempt and freed the other man L. C. J. Was this before the Plot was discovered Prisoner Yes my Lord in pursuance of it L. C. J. You said it was that he should not help his Son his Son was not free Prisoner No he was in Prison my Lord. Recorder My Lord may think hard if he hath not some competent liberty but he must keep to the business You say that notwithstanding he hath the Opinion of the Court that the Jury must take notice then the Jury must take notice it signifies nothing Prisoner Very well Having told you this I desire you would be pleased to take notice after Oates was thus forced to run away from Hastings here it seems he was converted to be a Papist by a Person whom Mr. Oates hath since converted to be a Protestant and you shall see what an Account this Gentleman will give of him L. C. J. What is his Name Prisoner Hutchinson L. C. J. What will you do against him Prisoner Several things my Lord. L. C. J. You must not do it If you are able to disprove Mr. Oates in any of these particulars you may do it If you alledg Testimony against the particular matter he hath sworn you will do very well but pray my Lord keep to that Prisoner I will my Lord. I will submit any thing to your Lordships Commands and therefore my Lord I will tell you for what reason I sent for this man to tell you how Mr. Oates went to Spain and how he lived in Spain L. C. J. If you can shew the Jury any reason why they should not believe his Evidence that will be very proper L. C. J. What is your Name Hutchinson My name is Hutchinson Prisoner Mr. Hutchinson pray say what you have to say and not follow Mr. Oates's method I only ask you this Question Sir Whether you did convert this man that is reconcile him to the Church of Rome Hutchinson Yes my Lord that I did L. C. J. You ought not to ask him such Questions you bring him in danger of his life you are not to ask him such Questions Recorder Let us see the Statute Book Clerk of the Crown It is High Treason L. C. J. You thought this had been meritorious now and it is High Treason Recorder This it is to abound in a mans own sense We must beg your Lordships Advice in this L. C. J. Are you a Protestant now Hutchinson Yes my Lord. Prisoner He was a Priest and confesses his Error L. C. J. Did you know Oates first in Spain Hutchinson No my Lord I knew him first here and we were in company and I told him He could not be a true Priest since he was of the Church of England Att. Gen. He offers such things as are not Evidence L. C. J. Pray what do you know of his Imployment in Spain Hutchinson I received Letters from him when he was in Spain He went over to study Philosophy and Divinity there and I saw his recommendations to the Rector of Liege L. C. J. Did you see him Hutchinson Yes my Lord I did see him before he made this disturbance L. C. J. What disturbance Do you know What Discourse had you with him Hutchinson I employed him in writing for me L. C. J. Writing what Hutchinson In writing certain things against the Corruption of the Church of Rome He had Ten Shillings I gave him and this was before the Discovery he made as he pretends of the Plot. And he told me he would suffer no more for Conscience sake It is an hard thing said he Mr. Berry for a man to want Bread Upon which I gave him Ten Shillings L. C. J. He says having been formerly with Mr. Oates he imployed him to transcribe many things for him and Mr. Oates said to him he was resolved no more to suffer for Conscience sake How saith he not so Oh but Mr. Berry said he it is a very sad thing to want Bread And upon that he says he gave him Ten Shillings for his pains in writing Hutchinson And hereupon my Lord in May was Twelve-month he sent for me when I heard he had done some more mischief and I went to him my Lord. L. C. J. That was after the Discovery Hutchinson Yes my Lord upon that he was very kind to me and gave me Twenty Shillings Said he Mr. Berry you have been civil to me and you shall never want any thing so long as I have it Said I Mr. Oates are these things true that you swear against the Jesuits Said he as I hope for salvation they are And that was the truest word he spake these three years Then said I Mr. Oates answer me this only one thing There are an Hundred and twenty Persons that saw you every day and dined and supp'd with you at St. Omers and these you have recommended to me for Vertuous People and I know them to be so He said They are Outlawed men L. C. J. What did Mr. Oates say more Hutchinson He was with me frequently my Lord. Recorder He paid you your Angel well when he gave you Twenty Shillings Hutchinson Mr.