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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
it please you my Lord and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason for that he intended to disturb the Peace within this Kingdom establish'd and to destroy and alter the Government and to bring the King to Death and Final Destruction and to alter our Religion to the superstition of the Church of Rome did on the Twentieth day of June in the Thirtieth Year of the Reign of our Soveraign Lord the King consult and treat with several other Persons and that he with these Persons did agree to destroy the King and alter the Religion and cause Rebellion and further to accomplish these Treasons he did promise and agree to pay several Accompts and deposite several Sums of Money and did likewise write and publish several Books To this he hath pleaded Not Guilty If we prove these things you are to find him Guilty Att. Gen. May it please your Lordship my Lord Castlemain here stands Indicted for High Treason that is for Designing to Murther the King and alter the Government and Law and this is but a parcel of the Plot which hath been carrying on a great while and many persons tried for it and some have suffer'd and been executed for it And my Lord we will give your Lordship Evidence This my Lord Castlemain hath at several times conspired the Death of the King and that he hath reproved persons for not doing it And my Lord he hath been in Consults among Jesuits where these Matters have been carried on and this whole Design hath been negotiated And my Lord Castlemain hath been consenting and agreeing to all these Matters And my Lord when the Trials were in hand it did appear upon those Trials there were many persons brought from St. Omers to be Witnesses against Dr. Oates to prove he was not in England at that time when he said in his Depositions that he did consult with the Jesuits and these persons my Lord Castlemain had the management and instruction of at that time And all along at the Old Baily my Lord Castlemain was present there and did countenance these persons and was an Intercessor for them These are but Branches and Circumstances what is material we will prove by Witnesses Art Gen. Come Doctor Oates Pray tell what you know Prisoner My Lord I have a long time wished for this day and your Lordship may very well remember it The reason why I have so much desired a Trial is because I thought it a means and the best means and the only means to shew to the World my Innocency and also to shew to the World how much I have been calumniated by this Charge L. C. J. What have you to say Have you any thing to say against Doctor Oates Prisoner No my Lord. I only say this here I am a Prisoner at the Bar and I have pleaded not Guilty and throw my self upon this Court and therefore I am very willing to hear what this man will say D. Oates My Lord I humbly move the Court Whether or no I may use my own Method L. C. J. Give your Charge we direct nothing D. Oates My Lord In the year 1677 I was sent ever into Spain by the Jesuits that were here in England where I remained for several months and transacted Business for them and my Lord I returned from Spain in November and brought several Letters from some English Fathers there among which there was one directed for my Lord Castlemain My Lord I did not deliver the Letter to him but my Lord the Contents of the Letter were to this effect L. C. J. How came you to see the Contents D. Oates My Lord I was at the writing of the Letter and so I did see the Contents of it L. C. J. Did the Priests shew it to you Or did you only see it yourself D. Oates No my Lord It was shewn me by them And the Contents of this Letter were That the Fathers in Spain were very zealous to concur with the Fathers here in England in the Design which was the Subversion of the Government altering the Religion and the Destruction of the King L. C. J. Was that in the Letter D. Oates No my Lord not in words at length L. C. J. What was as far as you know the very Expression of the Letter D. Oates The word Design my Lord. L. C. J. Only that to promote the Design D. Oates Yes my Lord And under that word we did comprehend all those things that is as we usually took it among one another L. C. J. Did you deliver this Letter to my Lord Castlemain D. Oates No my Lord I did not deliver this Letter but when I went to St. Omers we received an Account from my Lord Castlemain of his receipt of this Letter L. C. J. What did you do with it D. Oates I left it with the Provincial my Lord who was then Mr. Strange L. C. J. Was it not given to you to give it him D. Oates It was given me to give the Lord Castlemain but being then a stranger to him I was willing to send one of his own Messengers with it L. C. J. Where was my Lord D. Oates I can't tell my Lord I did not see him then I went over to St. Omers in December 77 or the latter end of November L. C. J. Where were you when you gave this Letter to the Provincial D. Oates I was in London my Lord. L. C. J. Where did you receive this Letter D. Oates In Spain My Lord at Valledolid of one Armstrong L. C. J. Who was it directed to D. Oates To my Lord Castlemain but I did not then know him and so I gave it the Provincial my Lord I went over to St. Omers in the latter end of November or the beginning of December 77 and after I had been there some few days there did arrive a Packquet from London to St. Omers in which there was a Letter from my Lord Castlemain L. C. J. To whom D. Oates To the Fathers of the Society of St. Omers in which my Lord Castlemain gave them an Account of a Letter that he had lately received from Spain L. C. J. How did you know the Contents of this Letter D. Oates My Lord I was Privy to their Letters L. C. J. Was you acquainted with my Lord Castlemains hand D. Oates My Lord I will give you an Account of that I did not know it then but only as it was generally said among us L. C. J. How was it subscribed D. Oates Castlemain My Lord and sometimes my Lord he subscribed himself Palmer L. C. J. How many Letters have you seen D. Oates Several Letters L. C. J. Was this the first D. Oates This was the first as near as I can remember And my Lord he gave an Account in that Letter that he had received a Letter from Spain and was glad the Fathers in Spain had so good an Opinion of his Integrity in the Caused L. C. J. Did
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 w● 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