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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
I say this I went a Ship-board in April I returned from Valledolid in November I arrived in London in November and staid in London some time and then I went to St. Omers in November or December new Stile or old Stile I staid at St. Omers from thence I went to Watton then my Lord in the Month of March we went to Leige and returned back again In the Month of April we came hither some time before the Consult and staid here some time after Prisoner What time were you at Leige pray Sir D. Oates In March 77. J. Jones The end of 77. D. Oates No my Lord we were at St. Omers again in March L. C. J. You returned in March 77 78 D. Oates Yes my Lord the Stile doth so alter Prisoner That is before Lady-day D. Oates Yes my Lord it was before Lady-day we Arrived here in London in May or in April and we staid here some few days Prisoner When did you come over again pray Sir D. Oates My Lord it is now Two Years ago or better and I can't remember every particular time My Lord we were here in May. Prisoner I will ask him as many Questions as I think reasonable and when my Lord I do desire times and he can't tell the times he must tell me so L. C. J. Mr. Oates Answer my Lord what Questions he asks you D. Oates I will tell my Lord Castlemain as near as I can remember my Lord. Prisoner Mr. Oates When was it you came over D. Oates Really it was some few days before the Consult Prisoner How many days do you think D. Oates Really I can't remember L. C. J. I suppose you have your Memorials D. Oates Really my Lord no. L. C. J. Have you any thing more to ask Prisoner Yes my Lord a great many Questions Were you present Mr. Oates pray at that Consult when I consented to the Kings Death Was you by D. Oates I was present at the Consult but I do not charge you to be at the Consult L. C. J. He asks you where it was he agreed to it D. Oates At Mr. Fenwick's Chamber I remember it was about Seven or Eight a Clock that we were going over Lincolns-Inn-Fields L. C. J. How long might you be at Fenwicks D. Oates It was about 11 or 12 a Clock I came away Prisoner When you met me in Lincolns-Inn-Fields was I in a Coach or on Foot or was any body with me D. Oates I can't say whether your Lordship had a Man with you or no. L. C. J. Was there any body with him D. Oates I did not take notice of that L. C. J. You were two hours together pray let me ask you this Question What was your Discourse about D. Oates That was part of the Discourse my Lord. L. C. J. What You have given us a very short Account of it in Four lines You were two hours together What was the main of your Discourse about D. Oates My Lord I will give you as plainly as I can the Discourse at that time C. L. J. Pray let us know what the main of your Discourse was about D. Oates One part of their Discourse was about the Revenues of their Colledges and how they had suffer'd by the French's taking St. Omers and what losses they had sustained by reason of the change of Government by the Conquest for the Crown of Spain had entailed on the Colledge of St. Omers Five or Six Hundred a Year for the maintaining the Foundation of their House or Foundation Rent and it was taken away by reason of the Conquest that France had made over the Spanish Dominions there and they were consulting how they should Write to Father Le Chese to be an Instrument to move the French King to restore this Annuity that was a Settlement entailed upon it L. C. J. How came you into this Discourse D. Oates This was after the other Discourse L. C. J. How came you to Discourse this Affair here in England D. Oates I will tell your Lordship as near as I can remember When we met in Lincolns-Inn-Fields Mr. Langworth recommended me to my Lord Castlemain and bad me take notice of him I can't say this is my Lord Castlemain but this is that Man I saw L. C. J. Did he call him by his Name D. Oates He told him that I was such a one and that I was serviceable to them And upon our way as we went to Mr. Fenwick's Chamber he inquired into the Causes of my coming over so soon again for he said I went over but last Month. Said he How came it to pass he came over so soon again Saith he We wanted him to do some business for us And there were more particulars of the Transactions of the Consult mentioned to my Lord Castlemain L. C. J. How did they bring in the Particulars of that Design D. Oates This is as near as I can remember L. C. J. How came they to talk of laying aside the King and bringing in the Catholick Religion D. Oates My Lord After they had given an Account of the Transactions of the Consult This was one part of the Consult L. C. J. Pray how came they to bring it in in Discourse D. Oates My Lord they spake of the particulars of it L. C. J. I wonder what introduced the particulars Was it to acquaint him with those particulars D. Oates My Lord I have nothing to say to that they were things so generally talked of by those of the Jesuitical party that when ever they met they scarce did talk of any thing else but of that and so they did at this time L. C. J. Pray tell me the whole discourse as you can remember that relates to this time D. Oates My Lord I have told your Lordship we met with my Lord Castlemain in Lincolns-Inn-Fields I have told you my Lord that we went to Mr. Fenwicks I have told you my Lord that after some Discourse how it was introduced I cannot be positive but as near as I can remember they were speaking of my going over and coming again so soon my going from the Consult to St. Omers and returning again into England so soon and so one word brought in another L. C. J. Did you know then that my Lord Castlemain had ever heard of this matter before D. Oates My Lord I don't know but I am morally certain as to my self but I can't swear he did Att. General Did he speak of it to him as a stranger to it D. Oates No. J. Jones By the Letter you spake of he knew before L. C. J. Answer my Brother's Question Was the Letter you had seen before or after that Discourse at Fenwicks D. Oates My Lord that was after the Consult L. C. J. Then you know he did know of the Design D. Oates My Lord I think not of the particulars of the Design L. C. J. That is he knew of this Design for the main When you talk of the Design you always mean