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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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BY Vertue of an Order to me granted by the Lords Spiritual and Temporal in Parliament Assembled dated on Thursday the 28th of Octob. 1680 I do appoint Randal Taylor near Stationers Hall to Print this Trial of Roger Earl of Castlemaine and that no other Person or Persons print the same JO. COMBE London Januar. 12. 1680-1 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 June 1680 Where he was Acquitted LONDON Printed for S. G and N. E. and are to be sold by Randal Taylor near Stationers-Hall 1681. THE TRYAL OF ROGER EARL of CASTLEMAINE ROGER PALMER Esque Earl of Castlemaine in the Kingdom of Ireland having been Arraigned at the Kings Bench Bar the Sixteenth of June 1680 for High Treason To which he Pleaded Not Guilty c. On Wednesday the 23th of June 1680 being appointed for his Trial the Court being sate and the usual Formalities perform'd the Lieutenant of the Tower delivered him into Court and then the said Court proceeded as followeth Clerk of the Crown Cryar Make Proclamation Proclamation for silence Cryer O yes Our Soveraign Lord the King doth strictly charge and command all manner of Persons to keep silence upon pain of Imprisonment O yes If any one can inform our Soveraign Lord the King the Kings Serjeant at Law the Kings Attourney General or this Inquest now to be taken of the High Treason whereof Roger Palmer Esq Earl of Castlemain in the Kingdom of Ireland stands Indicted let them come forth and they shall be heard for the Prisoner stands at the Bar upon his deliverance Clerk of the Crown Cryer Make an O yes Cryer O yes You good Men that are empannelled to enquire between our Soveraign Lord the King and Roger Palmer Esq Earl of Castlemain within the Kingdom of Ireland answer to your Names Clerk of the Crown Roger Palmer Esq Earl of Castlemain in the Kingdom of Ireland hold up thy hand These good Men that were lately called and now here appear are to pass between our Soveraign Lord the King and you upon your Life or Death if you challenge any of them you must speak as they come to the Book to be Sworn and before they are Sworn JURY Sir John Cutler Knight and Baronet Sir Reginald Foster Baronet Henry Herriott Esq Richard Cheney Esq Thomas Johnson Esq John Robert's Esq Francis Dorrington Esq Hugh Squire Esq Charles Good Esq John Pulford Esq Edward Claxton Esq Francis Mayhew Gent. Cryer O Yes Our Soveraign Lord the King doth strictly charge and command all manner of Persons to keep silence upon pain of Imprisonment C. of the Crown Roger Palmer Esq Earl of Castlemain in the Kingdom of Ireland hold up your hand You Gentlemen of the Jury that are now Sworn look upon the Prisoner and hearken to his charge You shall understand that he stands Indicted by the Name of Roger Palmer Esq Earl of Castlemain in the Kingdom of Ireland for that he as a false Traytor against our most Illustrious and Excellent Prince and Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. and his Natural Lord not having the Fear of God before his Eyes nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil his Cordial Love true due and Natural Obedience which true and Faithful Subjects of our said Soveraign Lord the King ought to bear towards him altogether withdrawing and contriving and with all his might intending to disturb the Peace and common Tranquility of this Kingdom and to bring and put our Soveraign Lord the King to Death and final Destruction and alter the true Worship of God within this Kingdom established to the Superstition of the Romish Church and to stir up and move War against our said Soveraign Lord the King within this Realm of England and to subvert the Government thereof the Twentieth day of June in the Thirtieth Year of the Reign of our said Soveraign Lord Charles the Second of England Scotland France and Ireland King Defender of the Faith c. at the parish of St. Giles in the Fields in the County of Midd. with divers other false Traitors to the Jurors unknown did traiterously imagine and intend the killing death and final destruction of our said Lord the King and to change and alter and utterly subvert the Ancient Government of this Kingdom and to depose and wholly to deprive our said Lord the King of his Crown and Government of this Realm of England and to extirpate the true Protestant Religion And to accomplish and fulfil the same most wicked Treasons and Traiterous Imaginations and Purposes aforesaid the said Roger Palmer Esq Earl of Castlemain in the Kingdom of Ireland and other false Traitors to the Jurors unknown the same Twentieth day of June in the Thirtieth Year aforesaid with force and Arms in the Parish of St. Giles in the Fields aforesaid in the County aforesaid Advisedly Devilishly Maliciously and Traiterously did assemble unite and gather themselves together and then and there Advisedly Devilishly Maliciously Subtily and Traiterously did consult and agree to bring our said Soveraign Lord the King to Death and Final Destruction and to deprive him of his Crown and Government of England and to Introduce and Establish the Religion of the Church of Rome in this Kingdom and the sooner to fulfil and accomplish the same most wicked Treasons and Traiterous imaginations and purposes aforesaid he then and there did Falsly Maliciously and Trayterously promise divers great Rewards and did pay divers Sums of Money to several Persons unknown and then and there falsly and traiter ously did write divers Notes to incite several other Persons to accomplish the Treasons aforesaid against the Life of our Soveraign Lord the King his Crown and Dignity and contrary to the form of the Statute in such Case made and provided Clerk of the Crown Upon this Indictment he hath been Arraigned and hath pleaded thereunto Not Guilty and for his Tryal he puts himself upon God and his Countrey which Countrey you are Your charge is to inquire Whether he be Guilty of the High Treason whereof he stands Indicted or not Guilty If you find him guilty you are to inquire What Goods and Chattles Lands and Tenements he had at the time when the High Treason was committed or at any time since If you find him not Guilty you are to say so and no more and hear your Evidence Cryer O yes If any one will give Evidence on the behalf of our Soveraign Lord the King against Roger Palmer Esq Earl of Castlemain in the Kingdom of Ireland let him come forth and he shall be heard for the Prisoner now stands at the Bar upon his deliverance M. Bonithon May
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
the Consult D. Oates No my Lord when we say the Consult we mean what was agreed on at that Consult not concerning these matters that were done Six Months before L. C. J. Mr. Oates Tell me when you mention the Design and the Consult Do not you alwaies mean the Death of the King and the bringing in Popery D. Oates Yes my Lord but the terms are not convertible For my Lord when we say the Consult there was something else done my Lord as that Consult which had not an absolute Relation to the Design and of that I will give your Lordship one instance as the sending Father Cary to Rome which they did in some Three Years L. C. J. Some trivial matters concerning their own Government but the thing you talk of is the same Consult and Design D. Oates When I speak of the word Design it was so taken among us and so received by my Lord Castlemain L. C. J. How can you say it was so received by him D. Oates Because he used the same word and answered us according to our Interpretation J. Jones My Lord he speaks of the Design thus There was a Design for the Killing the King there was a Design of the Priests and Fathers for it but saith he Afterwards there was a general Consultation and this Design came to be form'd by this general Consult which my Lord Castlemain as he thinks had no knowledge of till the time they met together in Lincolns-Inn Fields and afterward went and discours'd about it L. C. J. It is very fair that he doth not know that my Lord Castlemain had any knowledge before the Consult of this business but he says The Design upon which the Consult was that he might know which was to destroy the King and bring in Popery And he says My Lord Castlemain did understand this word Design in that sense they did because he answered their Letters according to their Interpretation of it How do you know he understood the word Design in its utmost capacity as you understood it D. Oates When we have our Words we have our Keys whereby we understand them But I will answer this Question to the satisfaction of the Gentlemen of the Jury My Lord he hath many times spoken in his Letters of introducing the Popish Religion and annext it to the word Design of promoting the Catholick Religion here in England L. C. J. Now methinks you have brought the word Design to something else than Killing the King D. Oates Yes my Lord The Subversion of Religion and the Government L. C. J. Did he put in Government Did he talk of bringing in the Catholick Religion and altering the Government D. Oates No my Lord I won't say that L. C. J. When we are examining concerning Mens lives we must be careful of their words in such matters D. Oates One part of my Evidence I have omitted Your Lordship did ask me how I came to know my Lord Castlemain's hand My Lord somtimes we received Letters from him subscribed Palmer and sometimes subscribed Castlemain sometimes some other Name which I may not remember and they were generally received as from him And I have seen my Lord Castlemain write for that Night as near as I remember it was Post-night L. C. J. At Fenwick's Chamber D. Oates At Fenwick's Chamber and my Lord Castlemain did write a Letter subscribed it and sealed it and I was fain to go to the General Post-House it was so late J. Jones What did he subscribe then D. Oates No my Lord I saw no more than the Superscription L. C. J. Then you did not see his Name to it D. Oates No my Lord. My Lord Castlemain did ask Why he had not Answers to such and such Letters For several Letters I had seen which were not of much moment L. C. J. I wish you had one that was of moment D. Oates It cannot be expected my Lord that I should have them L. C. J. My Lord ask him what you please Prisoner You say Mr. Oates you received Letters from me in Spain D. Oates I never said so Prisoner You saw Letters in Spain from me D. Oates Yes I have seen Letters in Spain that were from you Prisoner Look you Mr. Oates Pray let me ask you a Question you said this That you did not know me when you met me at the Consult D. Oates What Consult Prisoner At Fenwick's Chamber D. Oates I did not know you at Wild-house Prisoner There you met me first D. Oates There I met the Prisoner at the Bar. L. C. J. He says he did not know you at Wild-house but he came to know you by Langworth in Lincolns-Inn-Fields and then you went together to Fenwick's Chamber Prisoner Mr. Oates Did not you say that at Wild-house you did not know me nor I you L. C. J. He says he can't tell whether you knew him or no but he did not know you Prisoner Was I familiar with you D. Oates No my Lord. Prisoner Did I talk Treason at Wild-house D. Oates It was the Discourse of the day but I do not remember every particular of the Discourse but I remember what your Opinion was concerning the Rector of Liege and the Rector of Gant Prisoner Was there any thing about killing the King at Wild-house D. Oates Really my Lord I can't remember I wont charge it there because I am upon my Oath though I morally believe as to my self that there was discourse bad enough there Prisoner Mr. Oates Pray will you hear me then the acquaintance I had with you was by Mr. Langworth and then we went that Night to Fenwick's Chamber and there we staid very long and there we had all this Discourse D. Oates Yes Prisoner Look Mr. Oates Was there any by besides Mr. Langworth and Mr. Fenwick D. Oates Really my Lord I don't remember any body was by unless a Maid might come to fill a Cup of Drink or so Prisoner Mr. Oates Pray Mr. Oates did you and I ever meet together after that time D. Oates Really my Lord I can't be exact in that Prisoner Did you never see me nor Discourse with me after that time D. Oates I cannot recollect my self as to that I cannot remember L. C. J. He does not remember that ever he was with you afterwards Prisoner You don't know whether ever I discours'd with you afterwards D. Oates I don't remember Prisoner Very well Mr. Oates Look you Sir you don't remember that I ever had any Discourse with you after that time and no body was by but Mr. Fenwick and Mr. Langworth D. Oates As I remember Prisoner Was not there another Priest there D. Oates There is no body occurs to my Memory Prisoner Mr. Oates you brought me Letters from Spain D. Oates I brought a Letter from Spain directed to ●ou in 77. Prisoner Was I in Town or out of Town D. Oates I delivered it to the Provincial Prisoner You went over to Liege did not you see me there D. Oates No my Lord