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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

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it please you my Lord and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason for that he intended to disturb the Peace within this Kingdom establish'd and to destroy and alter the Government and to bring the King to Death and Final Destruction and to alter our Religion to the superstition of the Church of Rome did on the Twentieth day of June in the Thirtieth Year of the Reign of our Soveraign Lord the King consult and treat with several other Persons and that he with these Persons did agree to destroy the King and alter the Religion and cause Rebellion and further to accomplish these Treasons he did promise and agree to pay several Accompts and deposite several Sums of Money and did likewise write and publish several Books To this he hath pleaded Not Guilty If we prove these things you are to find him Guilty Att. Gen. May it please your Lordship my Lord Castlemain here stands Indicted for High Treason that is for Designing to Murther the King and alter the Government and Law and this is but a parcel of the Plot which hath been carrying on a great while and many persons tried for it and some have suffer'd and been executed for it And my Lord we will give your Lordship Evidence This my Lord Castlemain hath at several times conspired the Death of the King and that he hath reproved persons for not doing it And my Lord he hath been in Consults among Jesuits where these Matters have been carried on and this whole Design hath been negotiated And my Lord Castlemain hath been consenting and agreeing to all these Matters And my Lord when the Trials were in hand it did appear upon those Trials there were many persons brought from St. Omers to be Witnesses against Dr. Oates to prove he was not in England at that time when he said in his Depositions that he did consult with the Jesuits and these persons my Lord Castlemain had the management and instruction of at that time And all along at the Old Baily my Lord Castlemain was present there and did countenance these persons and was an Intercessor for them These are but Branches and Circumstances what is material we will prove by Witnesses Art Gen. Come Doctor Oates Pray tell what you know Prisoner My Lord I have a long time wished for this day and your Lordship may very well remember it The reason why I have so much desired a Trial is because I thought it a means and the best means and the only means to shew to the World my Innocency and also to shew to the World how much I have been calumniated by this Charge L. C. J. What have you to say Have you any thing to say against Doctor Oates Prisoner No my Lord. I only say this here I am a Prisoner at the Bar and I have pleaded not Guilty and throw my self upon this Court and therefore I am very willing to hear what this man will say D. Oates My Lord I humbly move the Court Whether or no I may use my own Method L. C. J. Give your Charge we direct nothing D. Oates My Lord In the year 1677 I was sent ever into Spain by the Jesuits that were here in England where I remained for several months and transacted Business for them and my Lord I returned from Spain in November and brought several Letters from some English Fathers there among which there was one directed for my Lord Castlemain My Lord I did not deliver the Letter to him but my Lord the Contents of the Letter were to this effect L. C. J. How came you to see the Contents D. Oates My Lord I was at the writing of the Letter and so I did see the Contents of it L. C. J. Did the Priests shew it to you Or did you only see it yourself D. Oates No my Lord It was shewn me by them And the Contents of this Letter were That the Fathers in Spain were very zealous to concur with the Fathers here in England in the Design which was the Subversion of the Government altering the Religion and the Destruction of the King L. C. J. Was that in the Letter D. Oates No my Lord not in words at length L. C. J. What was as far as you know the very Expression of the Letter D. Oates The word Design my Lord. L. C. J. Only that to promote the Design D. Oates Yes my Lord And under that word we did comprehend all those things that is as we usually took it among one another L. C. J. Did you deliver this Letter to my Lord Castlemain D. Oates No my Lord I did not deliver this Letter but when I went to St. Omers we received an Account from my Lord Castlemain of his receipt of this Letter L. C. J. What did you do with it D. Oates I left it with the Provincial my Lord who was then Mr. Strange L. C. J. Was it not given to you to give it him D. Oates It was given me to give the Lord Castlemain but being then a stranger to him I was willing to send one of his own Messengers with it L. C. J. Where was my Lord D. Oates I can't tell my Lord I did not see him then I went over to St. Omers in December 77 or the latter end of November L. C. J. Where were you when you gave this Letter to the Provincial D. Oates I was in London my Lord. L. C. J. Where did you receive this Letter D. Oates In Spain My Lord at Valledolid of one Armstrong L. C. J. Who was it directed to D. Oates To my Lord Castlemain but I did not then know him and so I gave it the Provincial my Lord I went over to St. Omers in the latter end of November or the beginning of December 77 and after I had been there some few days there did arrive a Packquet from London to St. Omers in which there was a Letter from my Lord Castlemain L. C. J. To whom D. Oates To the Fathers of the Society of St. Omers in which my Lord Castlemain gave them an Account of a Letter that he had lately received from Spain L. C. J. How did you know the Contents of this Letter D. Oates My Lord I was Privy to their Letters L. C. J. Was you acquainted with my Lord Castlemains hand D. Oates My Lord I will give you an Account of that I did not know it then but only as it was generally said among us L. C. J. How was it subscribed D. Oates Castlemain My Lord and sometimes my Lord he subscribed himself Palmer L. C. J. How many Letters have you seen D. Oates Several Letters L. C. J. Was this the first D. Oates This was the first as near as I can remember And my Lord he gave an Account in that Letter that he had received a Letter from Spain and was glad the Fathers in Spain had so good an Opinion of his Integrity in the Caused L. C. J. Did
Mr. Oates he doth swear this namely That after the Consult for I will bring it in short that after the Consult that was for killing the King and altering the Government my Lord Castlemain being acquainted with it at Mr. Fenwick's Chamber did hope it good success and that he should come to be reveng'd Mr. Dangerfield he hath proved That being treated with to kill the King and having refused to do it my Lord Castlemain was very angry with him for it and said Why wan't you do that for which you were taken out of Prison Here are two Witnesses express What is said against Mr. Oates signifies nothing As to Mr. Dangerfield there are some Exceptions which we must confess to be true but he is a Witness and my Lord such matters are to be expected to be proved by such Witnesses for if a man will discover Robberies he must go to such persons as do such things and if Treasons it must be among them that have been employed in such things Though he were a dishonest man before yet he may be honest now He was never guilty of any Treason but as he was employed amongst them There are some Witnesses brought to encounter him and one is my Lady Powis who as he says sent him with a Letter to my Lord Castlemain but she says she did never send a Letter by him And others say he would never come at my Lord Castlemain after he was angry which was in June Now for that Gentlemen you do hear Turner say That in July or August for he can't tell which he thinks it might be July he saw Dangerfield at my Lord Castlemains so that that encounters that Evidence L. C. J. If Mr. Atturney had not interrupted me I would not have left out any thing of this nature for I would be certainly careful where the Kings life lies at Stake I would be sure to preserve my Sovereign above all things and therefore no man ought to think that I should be partial in a Cause wherein our Religion and the Life of the King and the Government is in danger But I must say on the other side That there should be good competent Proofs of these things against those accused because their Lives and Fortunes and Honours and a●l are at stake And so Gentlemen we shall discharge our Consciences to the best of our understandings and deal uprightly on both hands For the Case it stands thus It is truly observed by Mr. Atturney That there are but two material Witnesses to the Charge of this Indictment that is to say Mr. Oates and Dangerfield Mr. Oates his Testimony is in two things the one close the other is more remote That more remote is That he had a Letter to send to my Lord Castlemain which he gave to the Provincial to send it and as he says he saw a Letter subscribed Castlemain and that afterwards by seeing him write a Superscription he could recollect the Character so well that he believed that to be his hand which he saw in Spain among the Jesuits or the Fathers as they call them there to whom they communicated that Letter wherein he mentioned the general Design that is the bringing in Popery which is the bringing in the Catholick Religion as they call it That is more remote He says there were Letters past between them wherein my Lord approved of some things and disapproved of others which related to the Design by which says Mr. Oates we meant the whole Matter and Transaction of Killing the King and that doth appear by that Letter he saw of my Lord Castlemains for that annexes to Design the advancing the Catholick Religion The first time he saw him he did not know who he was and there at Wild house he says That my Lord Castlemain should drop out some words which were suspicious and one thing as if he understood something of this matter that they had then in agitation But more particularly he says That when he came to Fenwick's Chamber there was the great matter They talk d before but of the Design in general at Wlld house but afterwards meeting in Lincolns-Inn Fields where he was told who he was they went to Fenwick's Chamber where they fell a discoursing about several things that related to the Concern and at last they tell upon the matter in hand and said They were glad to see the Fathers so unanimous in this ma●ter I asked about what matter He said The Killing of the King and bringing in Popery To which he says That my Lord should make Answer He wished them good success in their Design and that then he should be revenged This is the substance of what Mr. Oates says Against whose Testimony I must tell you there hath been but little There is but little thrown upon Mr. Oates by way of disgrace and infamy For that Verdict that the Jury sound against his Evidence it is not material for then every man must be accused when the Jury does not go according to the testimony he gives It is not to be denied but there is something said against him in another particular and that is his coming over from St. Om●rs where he says that Mr. Hilsley came over with him in the Pacquet Boat but Mr. Hilsl●y denies it Mr. Oates would have salved it by saying he left him at St. Omers 'T is true says Mr. Oates but I overtook him afterwards but he says to the point that he came not with him Now it is not denied on the other hand but Mr. Oates might be here and my Lord of Castlemaine seems to admit it and it is probable enough Mr. Oates might be here This is all I remember in reference to Mr. Oates You must weigh well with your selves how probable or not probable what he does swear is But I must tell the Jury they are to weigh the natures of people among themselves as they carry probability or not or else the confidence of a Swearer shall take away any man's life whatsoever And to that that Mr. Oates says first I understand not how he should be so free Mr. Oates being a Stranger to him when he knew not my Lord and doth not know whether my Lord knew him or no. But he says my Lord must needs see the Jesuits trusted him and that might make him more confident That afterwards going to Fenwick's House he spake broader in plain English They were talking of a Design to kill the King and bring in the Catholick Religion and Mr. Oates says he wished them good success in the Design and that then he should be revenged How far this Oath is to be taken or not I must leave to your Consideration The next is Mr. Dangerfield for nothing infamous is proved against Mr. Oates Dangerfield is a man of whom there is enough You see what Crimes there are for it is the Duty of every Judge and I can't see how he can discharge his Conscience and the Duty he ows to the Government