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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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matter if you had any body to prove that this Gentleman came alone but that is still but one mans testimony Prisoner But here is Confirmation to his Evidence that he could not invent it Att. Gen. You had Sixteen once but the contrary was proved and believed and so it may be again Prisoner Call Mr. Gregson and Rigby Mr. Gregson were not you Landlord to Mr. Oates before the Plot was discovered How long before the Plot did he lie at your House L. C. J. What time Gregson A Week before Easter 77. J. Raymond When did he go away from you Sir Gregson The Sunday after Easter day J. Raymond When did you see him again Gregson He came to me about All Saints J. Raymond The same year Gregson Yes Dr. Oates Who paid for my Quarters Pray ask him that my Lord. Gregson He paid for it himself Dr. Oates Did not Mr. Fenwick pay for it Gregson He did after you came from St. Omers Dr. Oates My Lord when I came last from St. Omers I went directly to his House Prisoner Was not he in a poor condition Gregson He was then indifferently poor Prisoner My Lord This is only to prove his condition Dr. Oates My Lord I had only what the Jesuits allow'd me L. C. J. You had nothing but what they allow'd you Dr. Oates Nothing else my Lord. J. Jones They allow'd you a very scanty living Prisoner Call Mr. Littcott Mr. Littcott Do you know any thing about a Divorce L. C. J. What should he know Prisoner Pray my Lord don't discourage me J. Raymond But you must not ask things that are not to the purpose Littcott My Lord It was morally impossible there should be a Divorce L. C. J. Was there any endeavour by my Lord concerning it Littcott There was no such Design L. C. J. How was that But pray mind you will be morally not believed else Do you know my Lord used any endeavours in order to obtain a Divorce Recorder That is all that he says He never knew any thing Prisoner I only say this my Lord Mr. Oates comes here and says That he heard me say That I did spend a great deal of money Now if I satisfie the Court that I never spent a Farthing towards a Divorce L. C. J. If he had said Your Lordship laid out Sums of money then it had been an Answer to that if you could prove you had not Prisoner You know I stand here accused for a great Crime pray give me leave J. Raymond If it were a matter of moment we would Prisoner Pray my Lord hear me here is a Man says I spent a great deal of money about a Divorce I come to tell your Lordship That this very man before your Lordships and also before the King and if your Lordships have forgot it I will shew you Witnesses that he spake it before the King and before the House of Commons that I did actually sue out a Divorce Now I will shew my Lord that I neither could nor did go about it L. C. J. We are not to take notice of that now If he did say a false thing before the House of Commons we cannot take notice of it now For we cannot go to try whether he said so and whether that be true or false Prisoner I humbly begg my Lord If this man that is upon his Oath hath sworn before the King that he did actually see the Divorce and I prove that it was impossithat he should see the Divorce because it was impossible to get a Divorce L. C. J. What then J. Raymond You must not be permitted to prove that it is not pertinent to the Question Prisoner My Lords with humble submission to you he hath told me this before your Lordships that I spent a great deal of money about a Divorce L. C. J. My Lord You will be satisfied when we have acquainted you what the ordinary Proceedings of a Court of Justice are in this Nature what is and what is not to be admitted If you should come to prove Mr. Oates had falsly sworn a thing in another Court and five or six Witnesses shall come and say it is not true we are not to hearken to it The reason is this first you must have him perjured and we are not now to try Whether that thing sworn in another place be true or false Because that is the way to accuse whom you please and that may make a man a Liar that cann't imagine this will be put to him and so no mans testimony that comes to be a Witness shall leave himself safe And this is another Case If he swore in another place what is contradictory to what he says now then it is proper If you could prove that he had sworn in another place that he never saw you it is very proper but now to us he says That he doth not remember whether ever he had seen a Divorce or that you had sued out a Divorce All that he remembers is That you said you had expended a great deal of money about a Divorce and that is all he testifies here Prisoner My Lord my Evidence against Mr. Oates is this That he waves what he said before when I came to ask him and says I don't remember Now my Lord if he lies in one thing he may in another J. Raymond No man can remember all the things that ever he did in his life Prisoner I have Witnesses to appeal to to witness every thing and I represent it here to you that I would with all my heart have Indicted him of Perjury but for Mr. Atturney General for I Imploy'd Two to Attend the Clerk of the Peace for Copies of the Indictments against Mr. Langborn and Mr. Ireland they did come to the Clerk of the Peace saith the Clerk of the Peace I can't do it without Mr. Atturney's Authority My Lord saith he I would give them you with all my heart but I must have leave from the Table Att. General No my Lord I told you I would not give it you without you had an Order from the King and the Council did not think fit to give it you Prisoner I think this is a little pertinent J. Jones How doth any thing that your Lordship excepts against in this Gentleman's Testimony contradict it self All that you accuse him of is That Mr Oates had said he heard you say you had spent a great deal of Money about a Divorce Prisoner I only shew if you are pleased to hear it that he reported to the King that he actually saw the Divorce J. Jones That agrees well enough with what he says now Prisoner He said so in your Lordships hearing L. C. J. I don't remember it If I did I would speak of it I don't remember it upon my word J. Raymond I protest I don't remember a word J. Jones In the Court did he say it J. Raymond Here we are all three that were present I protest I don't remember it but