Selected quad for the lemma: justice_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A31233
|
The Earl of Castlemain's manifesto; Manifesto
|
Castlemaine, Roger Palmer, Earl of, 1634-1705.
|
1681
(1681)
|
Wing C1245; ESTC R8304
|
54,743
|
145
|
this Parker of Sodomy and that He having been try'd for it was by the Jury brought in Not Guilty The Ch. Justice ask'd me What I meant by this for it follow'd not he said because the Jury did not find a Charge that therefore the Accuser was to be deem'd forsworn I do not my Lord repli'd I say he must but I urge this Record to prove that he did accuse one whom the Jury found innocent and then I shall show by Witnesses the Motives that induc'd the Jury to their Verdict to wit The known antecedent Malice of Mr. Oates against Mr. Parker and the positive Testimony of Neighbours against him for some averr'd That they being then in or near the Place where the Fact was said to be committed saw not Mr. Parker there and others That Mr. Parker was with them all that Afternoon at a merry Meeting Mr. Justice Dolbin answer'd That Mr. Oates stood not there to answer all pretended faults and the Ch. Justice ask'd That supposing it true that Mr. Oates prosecuted a man for Felony and the Jury acquitted him what use could I make of it For according to my Doctrine there being in most Cases Witnesses on both sides the Defendants Evidence must be perjur'd when it goes for the Plaintiff and the Plaintiffs when it goes for the Defendant My Lord answer'd I this is my Inference Parker is innocent and Oates is his positive Accuser of a capital Crime when he the said Parker was in another place which shows his malicious Villany and Practice The Ch. Justice repli'd That no body knew the Motives of the Jury but themselves and that the business amounted to nothing Here is also said I an Order of Council which shows how malicious and design'd Mr. Oates his Accusation was for whilst this young Parker was in Prison expecting his Tryal the said Mr. Oates to take all comfort and assistance from him accuses his Father who was a Justice of the Peace and a considerable man in the Town of scandalous words against the Lords of the Privy Council and so securing him by a Messenger he remain'd in Custody till the King upon the examination of the whole Matter at the Board declar'd him wrong'd and then dismissing him sent away Oates with the greatest Contempt imaginable Was this says the Ch. Justice before the Plot Yes my Lord answer'd I. 'T is of no moment repli'd he It plainly shows says I what kind of man Mr. Oates was and therefore I refer it to the Jury's Consideration The Jury answer'd Sir Geo. Jeoffries must not take notice of it for it signifies nothing and thereupon Parker who came to show all the Particulars of that Matter withdrew without being heard What has your Lordship more to say continues the Ch. Justice Having thus My Lord said I show'd you some of Mr. Oates his Actions whilst he was a Protestant I will now acquaint you with others after his becoming a Papist and first I will bring you one who made him of that Religion and whom Mr. Oates has since re-converted to be a Protestant Why then answer'd the Ch. Justice there 's a Rowland for your Oliver Mr. Mr. Berry Berry alias Hutchinson who was the man appear'd at Call and I to show the said Berry's familiarity and great acquaintance with Mr. Oates demanded If he had not formerly reconcil'd him and made him a Papist He answering Yes the Ch. Justice said I ought not to ask such Questions as might endanger his life and presently the King's Council charg'd him with Treason I repli'd That he had been a Popish Priest but was now converted and had publickly acknowledg'd his Errors At last after a great deal of do he was commanded to tell what he knew of Mr. Oates and then he spoke thus That at his coming out of the Countrey about April 77. he found Mr. Oates ready to go to Valadolid where he went to study his Philosophy and Divinity That he receiv'd from thence Letters from him That in the Winter following when he came to London again he understood Mr. Oates was return'd and gone to be a Scholar at St. Omers That in the Summer after he met with Mr. Oates in Town who told him That he had left the Colledge and that he would suffer no more for Conscience it being a hard thing to want Pread That finding Mr. Oates in so poor a condition he the said Mr. Berry imploy'd him to write several by-things for him and gave him 10 s. for his pains That Mr. Oates did much complain of the Jesuits because they did not regard him and said That they had offer'd him a Futler's place That after the Discovery made by Mr. Oates he the said Mr. Berry went and question'd him very much about the things he had accus'd the Jesuits of saying that he heard that the Scholars of St. Omers who were at least sixscore in number and not only vertuous persons as he Mr. Berry well knew but often commended as such by Mr. Oates himself could witness his being at the Colledge with them when he pretended his being here in Town to which Mr. Oates answer'd That he valu'd not what they could say for they were all outlaw'd persons and further Mr. Berry said that Mr. Oates was very kind to him and gave him 20 s. Mr. Berry having given this Evidence and Mr. Oates denying all that pung'd the said Mr. Berry began to exhort him to speak Truth and to remember there was a God in Heaven with more to that purpose but the King's Council instead of applauding his Serinon laid again Treason to his charge as having perswaded a Subject to the Popish Religion and having no Pardon They press'd therefore to have his Confession recorded and him consequently secur'd Then one of them turning to me said in a tone audible enough at least to those at or about the Bar That by abounding in my own sence I had brought my Witness to the Gallows and ask'd also my Councel if he had methodiz'd that excellent Evidence I repeated to him That Mr. Berry 's Conversion to the Protestant Religion had wip'd away all faults of that nature nor knew I what to say more but to tell him if he had a mind to hang his Converts he might Now whilst the Court and the King's Council were arguing Mr. Berry slipt away which being at last perceiv'd they commanded him to be recall'd and then the Ch. Justice asked him What Religion he was of He answer'd A Protestant The King's Council notwithstanding insisted still to have his foresaid Confession recorded which made the Ch. Justice at last declare that it should be done in case any body made Oath of it But several being called and refusing to do it a grave and Reverend Divine who was Dean of Rippon as I was told rose up and acquainted the Court that this Mr. Berry was his Curate at Barking that the Bishop of London having heard something against his Preaching had sent him the said
of a Court in this nature viz. That if I should come to prove a Falshood sworn by Mr. Oates in another place they were not to take notice of it since I must have first prov'd him perjur'd which was not their business now to try for if what I pretended to were granted I might make what Witness I pleas'd a Lyar because being unprepar'd he could not defend himself But if Mr. Oates swore in another place contrary to what he here asserts it would be a very proper and fit thing to show Now continu'd he Mr. Oates only swears he does not remember he had seen the Divorce but remembers you said You had spent much money about one which comes only to an Hear-say from your Lordship I answer'd as I had done before That I never so much as offer'd at one and therefore could not spend money about it That his seeing of it was his constant charge and that if he ly'd in one thing he might do so in another I further said That I would have indicted him for Perjury long ago if I might for to that end I had sent to the Clerk of the Peace for Copies of the Indictments against Mr. Ireland and Mr. Langhorn according to my Councel's Directions but that he would not deliver them without Mr. Attorney's Warrant who refus'd one tho' often solicited as those that waited upon him could attest I bade them answer'd Mr. Attorney first petition the King and Council for an Order and when they did so it was not granted them I know repli'd I that the Council would not but yet I did all I could in the Affair The Court still deeming Mr. Oates's Testimony of my saying I had spent much money about a Divorce no contradiction and his former averring that he saw one a foreign thing I urg'd again That he had averr'd it in that very Court before their Lordships which they all assur'd me they did not remember Finding it therefore ungrateful to bring this business to a further examination I submitted the whole to them tho' I offer'd to prove what they had forgotten and so I bade Mr. Lytcott withdraw Then the Court commanded the Records already mentioned against Dangerfield to be read which being done Mr. Duddel and Mrs. Ceiliere I call'd for one Mr. Duddel who had been formerly a Witness subpoena'd against Mrs. Cellier by Dangerfield as also for Mrs. Cellier her self At her appearing some of the Auditory began to hiss but upon my entreating the Judges to forbid that Bear-Garden proceeding there was a stop put to it nor was there the least offer at any other rudeness during the whole Tryal I ask'd then Mrs. Cellier Whether I had not chidden her at Dangerfield's going to the Tower in my Name to the Earl of Powis and the rest about printing the Jesuits Speeches and whether I did not tell her If ever Dangerfield came more to my House I would make my Servant kick him She acknowledg'd all to be true affirming that it happen'd on that very * June 23.29 day twelve-month besides she protested she would have sent him after to me with a Letter but that he refus'd it saying he would rather go a hundred miles than come near me But Dangerfield denying all Mr. Duddel positively witnessed That the said Dangerfield had about a week after the Execution of the five Jesuits express'd to him the great trouble he was in at my anger for his going to the Tower as aforesaid My Lady Powis I desir'd also that my Lady Powis who then happen'd to be in Court might be ask'd Whether she had written to me by Dangerfield as he had sworn Which being done her Ladiship standing in her place solemnly declar'd She never sent Letter to me or any body else by Dangerfield that she receiv'd none from me nor from any body else by him nor ever read one to any body in his presence Mrs. Celliere being call'd back declar'd also that she never knew or heard of any thus brought from me And then I acquainted the Judges that I would now disprove the Lye of my teaching the St. Omers Scholars their Lesson as Dangerfield said I had done but the King's Council hinder'd me by calling of Counter-Witnesses to confirm my Adversaries Testimony and these were Sir Richard Barker Mr. Lawson Mr. Turner and one Woodman who all testifi'd as follows Sir Richard Barker began Sir R. Barker and related as he had done in the Jesuits and Mr. Langhorn's Tryal how his Servants acquainted him of Mr. Oates's being at his House before Whitsontide 78. but upon my telling the Court that I medled not now with that Matter the Knight was dismiss'd and so there was no need of his Maid or Boy who were at hand as the King's Council inform'd the Court Mr. Lawson Mr. Lawson was next call'd upon and as soon as he appeared Mr. Justice Dolben gave him great Commendations as being a Gentleman's Son of Quality and a very honest man as also that tho' he were my Solicitor yet he would not he was sure say an Untruth or words to that purpose But before he was sworn Mr. Attorney put him by and call'd Turner which proceeded as we since found from this That he the said Mr. Lawson being subpoena'd by Dangerfield the night before had declared to some of his Acquaintance That he was so far from seeing Dangerfield at my House in August 78. that he was gone out of Town long before to the North to attend that Circuit Now this Evidence so diametrically opposite to Dangerfield's Oath would have demonstrated his falshood and therefore having timely notice of it He or some of his Gang caus'd Mr. Attorney to stop as I mention'd and Turner being call'd was ask'd Mr. Turner When he saw Dangerfield last at my House The man appearing in as great confusion and disorder as any one can be imagin'd that comes into so great an Assembly answer'd That he could not exactly tell The Court bade him tell as near as he could He repli'd He believ'd in June about Mr. Langhorn's Tryal Might it not have been said the Chief Justice in July He answer'd He thought it might But why said the Ch. Justice again might it not be in August He continuing still confus'd answer'd He could not be positive but he believ'd it was in July Did you then see Dangerfield said the Court with my Lord No answer'd he As I was coming down stairs I saw him in a Room below waiting Woodman being call'd Woodman was question'd about money brought from me who said That he was sent to my House with a Letter from Mrs. Cellier by her Daughter as he remembers for money and that he receiv'd there about 3 l. But being ask'd Whether it were for Dangerfield he repli'd He knew nothing of that but thought it was for the Prisoners These are all the Witnesses pro and con and now I call'd for Mr. Lytcott again as one of my Witnesses