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justice_n	earl_n	king_n	lord_n	10,089	5	4.3990	3	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

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

I did not see you there I only went to wait upon a Gentleman that was a Priest afterwards that went to take orders Prisoner Did you not see me at Liege D. Oates No my Lord. Prisoner You were at Liege did you stay there D. Oates I lay there one Night Att. General Have you any thing to ask my Lord Prisoner Presently my Lord. J. Jones It is very reasonable my Lord should question you You own him to be the Lord Castlemain When was it you did first discover this business concern●●g my Lord Castlemain D. Oates My Lord I did discover my Lord Castlemain to be in the Plot the Last Sessions of the Long ●arliament and I accused my Lord Castlemain this ●rinity Term was Twelve Months and my Lord Castlemain was committed for when Mr. Dangerfield came in and accused my Lord Castlemain I brought a Charge a second time against my Lord Castlemain J. Jones Did you discover all this then D. Oates I did charge him for having an hand in the Design in general J. Jones To the Parliament D. Oates Yes to the Parliament Prisoner You say when I assented to the Kings Death in Fenwick's Chamber that I said I should now find a time to be reveng'd D. Oates Pray my Lord don't put me to mention such reflecting Evidence Prisoner When you were before the King you did in pursuance of this speak of a Divorce D. Oates My Lord I will give Evidence as to that if that my Lord comes to be Indicted for his Priesthood L. C. J. My Lord may ask what Questions he shall think fit Att. General My Lord says he has said it and what he said in another place he is not to treat now of Prisoner Suppose I can prove him an Ill Man in any place is not that fit to be spoken of here Since he hath brought the King upon the Stage and since he hath accused me before the King and your Lordships of a Devorce I ask him whether he saw it D. Oates I will tell your Lordship what I said as to the Divorce I heard it discours'd of generally among the Fathers beyond Sea and this was some other part of the Discourse at Wild-house and I heard my Lord Castlemain say that he had been at great charg to carry on that business of the Divorce Prisoner At Wild-house D. Oates At Wild-house Now my Lord I took no notice of it because it was not my business But my Lord after that there was a Priests Chamber that was searched and there was the whole Case stated now what is become of the State of that Case my Lord I cannot tell L. C. J. By whom was that Case stated D. Oates There was a Letter found whereby my Lord Castlemain should have the matter directed in order to the carrying on the Divorce that was to be between him and his Wise Barbara Prisoner Did not you tell the King that you saw the Divorce in Strange's hand D. Oates My Lord I will tell you this I gave an Account to the King that I saw in Strange's hand an Acconnt of a Divorce that was between my Lord Castlemain and Barbara Dutcheis of Cleaveland Recorder My Lord if he ask too many Questions that don't relate to this matter it is impossible to give an Account of every particular Prisoner My Lords I humbly submit this Case Recorder Ask him what you said to such a man upon the Ninth of August was Twelve Month must he give an Account L. C. J. He must say he does not know Recorder Indeed it is reasonable that my Lord Castlemain should ask him some questions and that Mr. Oates should give him an Account Att. General My Lord will you give me leave to speak If he may ask questions about such forreign matters as this no man can justify himself L. C. J. This is not so mighty remote but use may be made of it Att. General If he should ask whether he were such a day at such an house and tell him yes and mistake the day any man may be catch'd thus Prisoner How can a man be catch'd in the Truth Att. General My Lord Castlemain may if he can catch him in any thing he gives in Evidence here Prisoner My Lord if your Lordship over-rule me I will say no more Mr. Atturney says I come to catch him I confess I do Att. General You should not ask him Forreign Questions L. C. J. He asks a plain Question why do you labour so much that he should not ask Whether he had seen the Divorce My Lord Castlemain I have askt the question for you Whether or no he said he had seen the Divorce and he does not remember whether he said so or no. Att. General My Lord I think with your Lordships leave that he is not bound to answer Questions that are not to the Evidence L. C. J. If so be he would come to make Application it may be well enough Att. General I say it for the Method of the Evidence my Lord that I would not have these Excursions Prisoner I desire your Lordship that I may say out what I have to say I say this that no man in the World that speaks truth can be catch'd neither will Mr. Atturney suffer me to catch him Att. General I say you have liberty to catch him in any thing that doth belong to the Evidence Prisoner I come to shew you the fitness of it to this Affair He comes and tells you among other Consults of Wild-house and my meeting him in Lincolns-Inn-Fields the recommendations of Mr. Langworth and going to Fenwicks Chamber where we talk'd of altering the Government and my assenting to kill the King and since you have brought the King upon the Stage I will refresh your Memory a little since you talk of revenging my self look you if you did not mention a Divorce to the King and also to my Lord Chief Justice Att. General My Lord you are under a mistake Prisoner Pray give me leave Mr. Atturney Att. General You make such Excursions into Forreign Matters Prisoner Mr. Oates you did say you saw a Divorce I ask you whether you saw a Divorce and where or whether you said so L. C. J. He says he does not remember he said so D. Oates I do not remember whether I said so or no my Lord I have it down but indeed I did not set my thoughts a-work Att. General He hath given you an Answer that may satisfie you J. ●aymond He hath Papers wherein he hath entred Memorandums to refresh his Memory but these Papers he hath not by him L. C. J. Then he may say he hath not Att. General That he hath already my Lord. L. C. J. Have you any more to say Prisoner I have my Lord if you will give me leave to write down two words Prisoner Mr. Oates You told my Lords the Judges that I did say I was at great expence about a Divorce Dr. Oates Yes Prisoner That is very well Mr. Oates Att.

it does not set a Man as if he had neuer Offended It cannot in reason be said a Man guilty of Perjury is as Innocent as if he had never been Perjured Att. General I say if a Man be Pardoned he is as if he were not Guilty L. C. J. If I were in my Lord Castlemain's Case I would submit it but when he hath given his Testimony my Lord shall have liberty to give in the Records against him of what Crimes he hath committed J. Jones I do confess indeed that my Lord Hales in his little Book of the Pleas of the Crown saith That a Man that hath had the benefit of his Clergy is restored to his Credit J. Raymond If that case be allowed it is a plain case for there is no Man can wage Battle but he that is Liber legalis homo Recorder A Man broke Prison and therefore he could not wage Battle he replies the King hath Pardoned me that Felony and thereupon he is admitted to wage Battle J. Jones Where there is no Judgment given in the Case and the King doth Pardon a Man that doth make a very great difference Recorder In the Case of Witherington my Lord Chief Justice did look upon the Records and afterwards said he was a good Witness and was Admitted Prisoner If you have Law by you I must consent L. C. J. Then you must consent Recorder There are several Persons who have had Pardons after Robberies and we are forced to make use of some of these Fellows L. C. J. Before Conviction Recorder No after Conviction my Lord I have known a Prisoner at the Bar when my Lords the Judges have been there to be a Witness And if the Court had made any doubt it would have been a Question before this time of day Att. General My Lord if you please Mr. Dangerfield may be Sworn If your Lordship pleases L. C. J. My Lord shall have the benefit of excepting against his credibility Then Mr. Justice Raymond went down to the Court of Common Pleas to know their Opinion J. Jones Have you any other Witness in the mean time Att. General No my Lord he is a principal Witness Sir F. W. Besides the common Practice here is a Book that says he shall wage Battle J. Jones That is when there is a Pardon before Conviction Sol. General But here my Lord he says the Reatum is taken away and then it takes away his disabilities too The difference can be nothing here before Conviction and after because before Conviction there is a disability before Conviction he is disabled from waging Battle So that that makes no difference before Conviction and other Cases after Conviction and the disability is taken away by the Pardon and he is restored to be a Freeman L. C. J. There is a disability upon Presumption tho not upon Conviction Sol. General There is the same legal impediment in the one as in the other but his Credit is left to the Breast of the Jury Recorder When a Pardon comes it takes away not only Poenam but Reatum and the Reason my Lord Hobart gives L. C. J. Nay give your Reason Recorder For Felony is Contra Coronam Dignitatem is a Fault against the King and when the King Pardons it it ceases and in another place it is said It Pardons all disabilities incident to him J. Jones That is before Conviction still L. C. J. Don't my Lord Cook tell you expresly That the taking a Pardon doth not prove any Offence You take a Pardon it ought not to be concluded that you are Guilty but the proper conclusion of a Wise Man is that you would be safe It can't be thought that every Man that hath a Pardon in England is guilty of all those Offences that are there Pardoned J. Jones There is a difference between a General Pardon and a particular Pardon when a Man doth accept of a special Pardon it must be intended that he hath some Consciousness of Guilt or else he would not take it but he that is Included in a general Pardon may be clear because all Men are Included in it unless some Persons particularly excepted and the difference is taken in that very point from accepting a General and a Special Pardon L. C. J. That the Acceptance of a General Pardon doth not barely of it self intend Men to be Guilty of the Crimes is plain and the reason is most apparent for besides that Men be safe so there be times that give a Reason why Men should have a Pardon because no man knows when he is safe Perjury so abounds that no man can say he is safe and that is a Reason why Men should be very willing to accept of Pardons Clerk of the Crown Here 's my Lord Hales's Book about the Pleas of the Crown Recorder He says when the King hath discharged and pardoned him he hath cleared the Person of the Crime and Infamy J. Jones It is so no doubt Sir F. W. May we pass upon these Authorities J. Jones Sir Francis We are not willing to go about it till it be concluded for that purpose we have desired my Brother Raymond to know the Judges Opinions of the Common Pleas. Recorder He doth expresly say it hath restored him to his Credit and in Witherington's Case he did call for the very Records Att. General If it restore him to his Credit I hope it shall not blemish him so much when he is Sworn that he shall not be believed L. C. J. We won't have any prepossession in that Case his Crimes shall be all taken notice of Is it fit to have Men Guilty of all sorts of Villanies and not to observe it J. Jones In that very Case my Lord Hobart says A Man may say of a Pardoned Man he was a Felon though he cannot say now he is a Felon and now what can be objected to this Case Recorder Things may be objected against a Person and his Credit left to the Jury but the Question now is Whether he shall be a Witness or no L. C. J. We have Men grown so Insolent they behave themselves with that vile Insolence that now they take upon them to speak against whole Societies of Men as if so be there were any thing in them that should render them better then their former Lives or Natures Humility becomes penitents and no wicked Man is supposed to be penitent that hath not that but these carry it with that Insolency as if they were not concern'd themselves when God knows the best of them discover what they do by being but parties themselves Mr. Justice Raymond return'd from the Court of Common Pleas. L. C. J. I will tell you what my Brethrens Opinions are he hath put it to them on both Accounts That he was convicted of Felony and Burnt in the Hand for it that he was outlawed for Felony and hath a General Pardon They say they are of Opinion That a General Pardon would not restore him to