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
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
that ever he committed L. C. J. Here is the Case Supposing it be true now that Mr. Oates prosecuted a man for Felony and he gave Testimony supposing it should be so and yet the Jury acquitted him What use can you make of it You can make no Inference it is a thing we must allow all the Juries in England For there is Witness generally given on both sides and when there are for the Plantiff the Defendants Evidence are all Perjured and when for the Defendant the Plaintiffs Evidence are Perjured Prisoner My Lord this is the Inference Thus much I make of it that this Parker is Innocent Oates swears positively he did so the other swears positively this man was not there to shew the Malice Oates had against him L. C. J. My Lord you can go no further than you have gone The result of all is that the Jury found him not Guilty For what grounds no man can come to say but the Jury men themselves No man can tell what prevailed with the Jury to find him not Guilty that is in their own Consciences and these are things that cannot be Examined His Jury notwithstanding Mr. Oates was the only Prosecutor they found him not Guilty and it amounts to nothing Prisoner My Lord there is another thing while this man was in Prison what does Oates do but comes here to London accuses the Father who was a considerable man in the Town a Justice of the Peace and Mayor the year before accuses him because he should not assist his Son accuses him before the King of speaking scandalous words Then he gets him by a Messenger brought up before the Council the King was present at the hearing and there it was proved to the King as the order of Council shews that he was an honest man and so the Council sent Oates away with the greatest contempt and freed the other man L. C. J. Was this before the Plot was discovered Prisoner Yes my Lord in pursuance of it L. C. J. You said it was that he should not help his Son his Son was not free Prisoner No he was in Prison my Lord. Recorder My Lord may think hard if he hath not some competent liberty but he must keep to the business You say that notwithstanding he hath the Opinion of the Court that the Jury must take notice then the Jury must take notice it signifies nothing Prisoner Very well Having told you this I desire you would be pleased to take notice after Oates was thus forced to run away from Hastings here it seems he was converted to be a Papist by a Person whom Mr. Oates hath since converted to be a Protestant and you shall see what an Account this Gentleman will give of him L. C. J. What is his Name Prisoner Hutchinson L. C. J. What will you do against him Prisoner Several things my Lord. L. C. J. You must not do it If you are able to disprove Mr. Oates in any of these particulars you may do it If you alledg Testimony against the particular matter he hath sworn you will do very well but pray my Lord keep to that Prisoner I will my Lord. I will submit any thing to your Lordships Commands and therefore my Lord I will tell you for what reason I sent for this man to tell you how Mr. Oates went to Spain and how he lived in Spain L. C. J. If you can shew the Jury any reason why they should not believe his Evidence that will be very proper L. C. J. What is your Name Hutchinson My name is Hutchinson Prisoner Mr. Hutchinson pray say what you have to say and not follow Mr. Oates's method I only ask you this Question Sir Whether you did convert this man that is reconcile him to the Church of Rome Hutchinson Yes my Lord that I did L. C. J. You ought not to ask him such Questions you bring him in danger of his life you are not to ask him such Questions Recorder Let us see the Statute Book Clerk of the Crown It is High Treason L. C. J. You thought this had been meritorious now and it is High Treason Recorder This it is to abound in a mans own sense We must beg your Lordships Advice in this L. C. J. Are you a Protestant now Hutchinson Yes my Lord. Prisoner He was a Priest and confesses his Error L. C. J. Did you know Oates first in Spain Hutchinson No my Lord I knew him first here and we were in company and I told him He could not be a true Priest since he was of the Church of England Att. Gen. He offers such things as are not Evidence L. C. J. Pray what do you know of his Imployment in Spain Hutchinson I received Letters from him when he was in Spain He went over to study Philosophy and Divinity there and I saw his recommendations to the Rector of Liege L. C. J. Did you see him Hutchinson Yes my Lord I did see him before he made this disturbance L. C. J. What disturbance Do you know What Discourse had you with him Hutchinson I employed him in writing for me L. C. J. Writing what Hutchinson In writing certain things against the Corruption of the Church of Rome He had Ten Shillings I gave him and this was before the Discovery he made as he pretends of the Plot. And he told me he would suffer no more for Conscience sake It is an hard thing said he Mr. Berry for a man to want Bread Upon which I gave him Ten Shillings L. C. J. He says having been formerly with Mr. Oates he imployed him to transcribe many things for him and Mr. Oates said to him he was resolved no more to suffer for Conscience sake How saith he not so Oh but Mr. Berry said he it is a very sad thing to want Bread And upon that he says he gave him Ten Shillings for his pains in writing Hutchinson And hereupon my Lord in May was Twelve-month he sent for me when I heard he had done some more mischief and I went to him my Lord. L. C. J. That was after the Discovery Hutchinson Yes my Lord upon that he was very kind to me and gave me Twenty Shillings Said he Mr. Berry you have been civil to me and you shall never want any thing so long as I have it Said I Mr. Oates are these things true that you swear against the Jesuits Said he as I hope for salvation they are And that was the truest word he spake these three years Then said I Mr. Oates answer me this only one thing There are an Hundred and twenty Persons that saw you every day and dined and supp'd with you at St. Omers and these you have recommended to me for Vertuous People and I know them to be so He said They are Outlawed men L. C. J. What did Mr. Oates say more Hutchinson He was with me frequently my Lord. Recorder He paid you your Angel well when he gave you Twenty Shillings Hutchinson Mr.
Oates Speak the truth there is a God in Heaven Dr. Oates Shall I be allowed to satisfie the Court as to this Evidence I will give the Court a very good account L. C. J. The substance is this That you were poor Is it true that he gave you Ten Shillings Dr. Oates My Lord I believe I might not have much money among them L. C. J. And you said You would suffer no more for Conscience sake Dr. Oates That is not so my Lord. L. C. J. And That it is an hard thing to want Bread Dr. Oates My Lord I never wanted Bread Hutchinson But you said so to me Mr. Oates Att. Gen. Hark Mr. Hutchinson Dr. Oates To shew the Invalidity of this Evidence my Lord the Bishop of London hath turn'd him out of his Living at Barkin L. C. J. What is that Dr. Oates To shew that he is not fit to be trusted L. C. J. Why you have never a Living Dr. Oates Yes I have my Lord. L. C. J. Where Dr. Oates In Kent my Lord. L. C. J. How long have you had it Dr. Oates I was restored to it last Summer Recorder He says That he had Discourse with him concerning his Priesthood Whether Mr. Oates thought himself to be a good Priest that is as he was made by the Order of the Church of England Att. Gen. He says He converted Mr. Oates to be a Papist Dr. Oates And I have a Charge of High Treason against that man for seducing me from my Religion my Lord. I will swear he turn'd me to the Church of Rome and I desire it may be recorded Dr. D. I have one thing to tell your Lordship the man is mad he is distracted L. C. J. This Doctor of Divinity is a very honest man he will tell you Dr. D. He was my Curate at Barkin and my Lord of London having some Information against the manner of his Preaching sent me word to Rippon he would provide me another Curate On Saturday last dining with him my Lord told me he was distracted Recorder His Behaviour is a very concurrent Testimony J. Raymond I appeal to my Lord if I did not tell him as he came into the Court that he was a distracted man L. C. J. Call another Witness Prisoner Here 's a Gentleman was his School-fellow at Vallodolid I ask you Mr. Armstrong Whether you knew any thing of Mr. Oates there L. C. J. How long had he been there Armstrong He was Three months there before me L. C. J. How long was he there in all Armstrong A matter of a moneth L. C. J. Was he not there Four months Armstrong Yes a matter of Four months in all L. C. J. He says He had been there Three months before he came and a month after he came and that then he was but a common Scholar Dr. Oates My Lord I will satisfie the Court when they question me L. C. J. In what would you satisfie us Dr. Oates About being a Scholar I was ready to commence when they came but being they were Strangers in the Town not being Town Scholars and not undertaking Philosophical Dictates the Fathers did pray me to shew them the way to School and I went with them two or three times L. C. J. Call another my Lord. Prisoner Mr. Palmer and Mr. Dorrington L. C. J. Did you know Mr. Oates at St. Omers Palmer Yes my Lord and he was an ordinary Scholar there and dined and supp'd with us L. C. J. You said he dined at another Table Palmer Yes my Lord he did dine at a Table by himself but it was at the same time Dr. Oates Had I Scholars Commons Pray my Lord ask them that Palmer He had the same Commons that we had but they had a respect for him as he was an ancienter man and that was the reason that he had more freedom than the rest Prisoner My Lord He says he came from St. Omers at the Consult Pray Sir who did you come along with Did you come with Hilsley Dr. Oates Hilsley came with me in the Pacquet-boat Prisoner Call Mr. Hilsley and Osbourne My Lord this Gentleman I would bring nothing to offend your Lordship or nothing that hath been old if it had not some new inference from it Therefore my Lord this is the reason that I sent for Mr. Hilsley Mr. Hilsley did you come with Mr. Oates in April in the Pacquet-boat Hilsley No my Lord. Prisoner You left him at St. Omers Hilsley Yes my Lord. Prisoner Now my Lord I have several Witnesses to prove this And pray Mr. Osbourn tell my Lord what he said to you Osbourn My Lord about the latter end of April I heard Mr. Hilsley was in Town I went to see him and one time at a Coffee-house about the Turnstile wâ— fell in Discourse L. C. J. My Lord you say you have two Persons of Quality I will tell you my Lord what you shall expect I will not be for one and not for t'other but be equal as near as I can If he comes only to testifie what Hilsley told him it signifies nothing Prisoner I do depend upon Hilsley but this is that Hilsley told him That there was one Oates at St. Omers L. C. J. That is no Evidence nor can Ladies of Quality prove by their own Experience what Mr. Hilsley affirms That Oates came not over with him Prisoner My Lord They can tell and one Lady a Protestant that talking with this Gentleman before the Plot L. C. J. This is only Discourse what another man says If Mr. Oates himself should have said so then indeed it is proper but to shew you this it is impossible supposing they speak truth that is if they do witness what they do not That long before they heard of the Name of Oates this Gentlemau should tell them one Oates was left at St. Omers it signifies nothing Prisoner Does not that confirm Mr. Hilsley's testimony L. C. J. No indeed Prisoner I only refer this to you my Lord Hilsley says in April he did leave Oates and here are four or five Witnesses that Hilsley told them so J. Jones All that my Lord says is this That he did leave Mr. Oates at St. Omers If it be objected They are Catholicks as they call them says my Lord Hilsley did tell this Story before there was any Plot. Why should he tell them so It is not in favour of that Religion that he speaks but the time of testifying such a thing shews he speaks true This is all Prisoner This is the Inference This is only to corroborate and shew you the credit of his testimony J. Raymond It may be a mistake though and it is of no more force than what he says now Att. Gen. They were all mistaken in that matter Dr. Oates My Lord he did leave me at St. Omers but I overtook him at Calais L. C. J. Will you swear it Mr. Oates Dr. Oates I say upon my Oath I did it L. C. J. It were a great