My Arraignment and Tryal.

ON Tuesday the 15th. of June, 1680. * I was arraign'd at the King's-Bench Bar, for in∣tending to disturb the peace of the King∣dom, to kill the King, levy War, and alter Page  38the establish'd Religion to the Superstition of the Church of Rome; to which after I had pleaded Not Guilty, and put my self upon my Countrey, I was remanded to the Tower, Wednesday 23d. being appoin∣ted for my Tryal. About 8 of the clock that day, I was again brought by Mr. Lieutenant to the same Bar, and to∣wards 9 the Tryal began with the usual Proclamations and Formalities. Sir John Cutler was Foreman of the Jury, and next to him Sir Reginald Foster; but when Roger Jenyns of Hayes Esq; was call'd, I acquainted the Judges, That that Gen∣tleman was my near Relation, and that I left it to their Lordships to determine whe∣ther he should stand or no. The Court was well satisfi'd with this procedure, inti∣mating, that I depended (it seem'd) more on my Innocence than Friends, and so laying Mr. Jenyns aside, Mr. Harriot succeeded. Mr. Cheney follow'd him; but upon Mr. Johnson's appearance, I said to this effect; That tho' I had not hitherto challeng'd any body, yet I was un∣willing that my Jury should be compos'd wholly of such as were interested in the late Attainders about the Plot; therefore to Page  39save their Lordships some time and trouble, I desir'd them to order, that no more of those Gentlemen should be propos'd to me. The Ch. Justice answer'd, That it was the Prisoner's part, and not the Courts to except; therefore your Lordship must do it (says he) your self, when you think you are aggriev'd. I repli'd, That I spoke not this reflectingly, and to show also, that I had nothing particular against Mr. Johnson, I was contented he should stand, who thereupon took his Oath; nor did I make any further stop, only when two (who were often call'd) could not easi∣ly get into Court for the press, I bade the Clerk go on, the next on the Roll sup∣plying their places; so that the twelve sworn were these that follow:

• Sir John Cutler.
• Sir Regin. Foster.
• Tho. Harriot Esq;
• Rich. Cheney Esq;
• Tho. Johnson Esq;
• Joh. Roberts Esq;
• Franc. Dorrington Esq;
• Hugh Squire Esq;
• Charles Good Esq;
• John Pulford Esq;
• Edward Clayton Esq;
• Francis Mayo Esq;

And here the Reader may already see how resolv'd Combes, * Page  40the late Publisher of my Tryal was, to ren∣der it as disadvantagious to me as he could, when he omits these Particulars even at the very Empanelling of the Jury; which of themselves, (had they no relation to my Candour and Plain-dealing) were yet as fit to be mention'd as any other matter. Nor is he more ingenuous in the sequel, for he strangely mangles and lames as well the Evidence of my Witnesses, as my own Answers; and to make the whole the more imperfect and obscure, he leaves out, and confounds what he pleases all along; nay, to show his falshood almost in every thing, he makes Mr. Justice Raimond to speak extreamly often, tho' he said not one word to me all the while. This, I confess, may be yet gather'd by his Relation, that I was al∣most continually interrupted, so that it was still with the utmost do, before I could bring any Argument or Inference to the least head. But truly I am not to wonder at the indirect way of publishing Transacti∣ons of this nature, since every Tryal is complain'd of by those that were present; and therefore, I think, besides my own Notes, the early getting under their hands a full Account of what my Witnesses have Page  41attested, was no impertinent or over-cau∣tious Action. And thus, Reader, beg∣ging pardon for the present Digression, I shall now proceed.

After this, the Indictment was again read; and when the King's Councel, (viz. Mr. Attorney, Mr. Sollicitor, Sir George Jeoffries, and Sir Ir. Withens) had dilated on it, they call'd for Mr. Oates; but as I was about to speak, I found two Difficulties therein; the one from the Auditory, who often desir'd me to raise my voice; and the other from Mr. Attorney, who interrupting me, said, It was not time yet; notwithstanding I went on, what I spoke being to this purpose; That I had (as their Lord∣ships well knew by my often demanding Tryal) long wish'd for that happy day, as the ready means not only of obtaining my Liberty, but of showing the World how much I had been calumniated and wronged; that I had pleaded Not Guilty, and now threw my self into the Protection of that Excellent Court, and Seat of Justice, where I should find (I was sure) their Lordships as well my Councel as my Judges, and receive also of them all the le∣gal Page  42Favours usually granted Prisoners. Mr. Attorney interrupting me again, be∣fore I had quite ended the last words; the Ch. Justice ask'd, If I had any thing against Mr. Oates; meaning (as I sup∣pos'd) a legal Impediment, why he should not be heard? I answer'd, No; but that I threw my self into the Protecti∣on of the Court, and was ready now to hear, what the Man had to say; whereupon he was sworn, and then he accus'd me thus:

That in the year 77. * after his Negotiation for some months in Spain, (where he had seen Letters from me to the Fathers there) He, at his return home (in November) brought several Letters with him, and one among the rest to me, the Contents of which he saw; That it express'd, how zealous they of Spain were, in joyning with those of England to carry on the Design; by which word, they even meant the King's Death, and bringing in Popery; that he deliver'd the said Letter to Provincial Strange at London for me, and saw afterwards at St. Omers a Letter of mine, which (to his remem∣brance) Page  43was the first he had seen; where∣•n I acknowledg'd the receipt of that he brought me from Spain, and rejoyc'd •t the good opinion the Spanish Fathers had of me; that he (being privy to the Jesuits Letters) saw also several others subscrib'd sometimes Palmer, sometimes Castlemain, and own'd also for mine; that by and by he would give the Court an account how he knew my Hand; that in March there came another from me, which rejected the Advice of the Rectors of Liege and Gant; who desir'd to have the Secular Clergie engag'd; for I thought them to be a loose sort of men, of no Principles, and consequently unfit to be trusted. He further said, (after seve∣ral Interrogations by the Court) that I was not, he thinks, at the great April Consult, at least he does not accuse me of it, but that he saw me in May 78. at Wild-house, where he brought Messages to the Fathers; that I much desir'd there an Association with the Benedictine Monks; that he knew me not then, nor could swear that I knew him, nor that there were any words about killing the King, or other Treason; yet he believes Page  44the Discourse was bad enough; that on the 20^th. of the following June, as he was going about 7 or 8 a clock in the Evening with Mr. Langworth, to drink a kind of Ale in Fuller's Rents, which the said Mr. Langworth lik'd, they met me in Lincolns-Inne-fields; that Mr. Langworth saluting me, recommended him the said Mr. Oates as one serviceable in the present business; and also told him, who I was, bidding him take notice of me; that we went all to Mr. Fenwick's Cham∣ber, where they acquainted me with the Transactions of the April Consult, in relation to the Death of the King, and the introducing of the Catholick Religion; for Mr. Oates thinks, I did not know the Particulars of the Design before; Whereupon I said openly to them, That now I should be reveng'd for the Injuries done me. As for the manner how he came to know my Hand, it was (he said) by seeing me then write the Super∣scription of a Letter, which I gave him to carry to the general Post-house in Lon∣don, it being about 11 at night; nor did he remember, that any body came in to us then at Mr. Fenwick's, except the Maid that brought us Drink.

Now towards the close of the Charge, I began to ask Mr. Oates several Questi∣ons; for (in these Tryals about the Plot) the Accus'd were still admonish'd to stay, till the Witness had finish'd his Evidence; but first I bade him repeat his Journey, which he did thus; That he went to Spain in Apr. 77. that he return'd in November; that about December he came to St. Omers, from whence in March he went to Liege, and in April (some few days before the Consult) to London. When you met me (said I) in Lincolns-Inn-fields) was I in a Coach or on foot? On foot, answer'd he. Was there any bo∣dy with me? I cannot remember that, re∣pli'd he. But some in the Court said, 'Twas probable I was alone. Whereupon I then answer'd, That Mr. Oates was the first, I believed, that ever saw me in Lincolns-Inn-fields alone, and on foot. You saw, Mr. Oates, (continu'd I) Letters from me in Spain? Yes, answer'd he. Do not you say, Mr. Oates, (reply'd I) that you did not know me at Fenwick's Chamber? I did not know you (answer'd he) at Wild-house, which was the first place I met you at. But he came to know you, Page  46(said the Ch. Justice) by Langworth's means in Lincolns-Inne-fields, and so you went together to Fenwick's. Did you, Mr. Oates (said I) ever see me, or dis∣course with me after? Not to my remem∣brance, (answer'd he.) Did you ever see me, said I, at Liege? No, answer'd he; I came thither over night, (with one that was to take Orders) and return'd next morning. Did you see me in any other place beyond Sea, said I again? No, repli'd he. Mr. Oates, (said I) you lay to my charge here, the saying in Mr. Fenwicks Chamber, that I should now be reveng'd; did not you in pursuance of this Story before the King accuse me, that you had seen a Divorce sued out by me at Rome? I will (answer'd he) give Evidence about that, when your Lordship is indicted of Priesthood. But I pressing him again, and the Court telling him, that he must answer my Questions; Mr. Attorney with great earnestness said, That it was foreign, and spoken in another place; and that I propos'd it only to entrap and catch Mr. Oates. Catch him, repli'd I? I confess it, and that all my Questions are for that intent; but how can any thing be Page  47foreign, that proves him a Lyar and an ill man? and how can one be catch'd that speaks Truth, being also sure of a favoura∣ble hearing in his explanation, and the King's Council to back it? Therefore, Mr. Oates, (continu'd I) did you tell the King or no, that you saw it? I said, (answer'd he) that it was the Report among the Fathers; and it was also part of the Dis∣course at Wild-house; for there I heard my Lord Castlemain say, that he had been at great Charges about the Divorce. But did not you (repli'd I) tell the King, you saw the Divorce in Mr. Strange his hands, and that he show'd it you? I told the King, (answer'd he) that I saw an Account of the Divorce in Strange his hand. Here Sir Geo. Jeoffries also began to find fault with my Questions as foreign; and Mr. Attorney said, that, if such fo∣reign Questions might be ask'd, no body could defend himself. 'Tis not, Mr. Attorney, (answer'd the Ch. Justice) so very remote, if my Lord would come to application. Mr. Attorney repli'd, That any man might be catch'd at that rate; that what he spoke was for methods sake, and to avoid excursions. My Lords, Page  48(said I) I desire I may go on with what I have to say; no man can be catch'd that speaks truth; nor will Mr. Attorney give me leave to catch Mr. Oates. He answer'd, That I had liberty in whatever belong'd to the Evidence. I come to show (re∣pli'd I) the fitness of my Question in this Affair; for Mr. Oates having accus'd me of being at Wild-house, of meeting him in Lincolns-Inn fields, of assenting to the King's Death, because I would be reveng'd; therefore since he has brought the King upon the Stage, I'le now refresh his Me∣mory, by telling him what he accus'd me of before his Majesty. as also before your Lordships in this Court; therefore, Mr. Oates, did you say you saw a Divorce or no? I do not remember, (answer'd he) that I said so; but I remember you said, you had been at great Expence about one. I hope now (my Lord) (re∣pli'd Mr. Attorney) he has given you a satisfactory Answer. 'Tis very well at present, (answer'd I) and so we ended for that time.

This is the sum of his Charge, and all the material Questions and Answers to it; but as he was going out of Court, I Page  49desir'd he might not stir, till the end of the Tryal, unless it were a general Pri∣viledge allow'd to Witnesses, which be∣ing determin'd in the Affirmative, I rested satisfied, and then Mr. Danger∣field took his place.

Now before he was sworn, I told the Judges, that he could not, I conceiv'd, be a Witness, and therefore pray'd he might be laid aside. The Ch. Justice ask'd, Why? Because (answer'd I) he has committed so many enormous Crimes, and those upon Record, that by Law he cannot be heard in any Court of Judica∣ture. What Records (repli'd the Ch. Justice) have you? There are fourteen (answer'd I) already found; but not to be too troublesome to your Lordships, I only offer you six; which prove how he has been pillor'd, burnt in the hand, and even outlaw'd for Felony; whereup∣on my Sollicitor (being call'd) deliver'd them to the Clerk.

The 1st. Record show'd, That having, * Anno 73. sto∣len from one Mr. Blagrave, a Cabinet worth 10 l. and 10 pieces of Gold in it, he was convicted of the Fact, and burnt in the hand at the Old-Baily.

The 2d. prov'd, That be∣ing, * Anno 75. at Chelms∣ford-Assizes, (held before Sir Thomas Twisden) indicted, for stealing from one Tatterson 4 l. 10 s. he broke Prison before he could be tryed, and was thereupon out∣law'd.

The 3d. 4th. and 5th. show'd, That at the Assizes, * Anno 77. (held for the County of Wilts) he had three several Indictments brought against him for venting false Guinneys, and that being upon each convicted before Sir Thomas Jones, he was condemn'd to stand with a Paper on his Forehead three several days in the Pillory, and that twice (as Witnesses in Court would prove) he stood at Salisbury, but broke (before the 3d. time) Prison, and got away.

The 6th. was a Conviction at the Old-Baily, * Anno 78. of his again venting false Guinneys, for which (besides Imprisonment) he was fi∣ned 50 l. Sir Tho. Jones being then also one of the Judges.

These were the Heads of the Records; but it being now a Point in Law, whe∣ther Dangerfield could be heard as a Page  51Witness, I demanded Councel to argue it; and had Mr. Jones, Mr. Sanders, and Mr. Darnel, assign'd me. Mr. Jones said he was not prepar'd; Mr. Sanders happen'd not to be in Court; so that Mr. Darnel addressing himself to the Judges, very learnedly spake to this effect:

I conceive (with submission to your Lordships) that notwithstanding this Pardon, Dangerfield cannot be a Wit∣ness, because the Pardon hath only taken away the Punishment, and not the Guilt of his Offence. My Lords, It is ad∣judg'd in * 11 Hen. 4. That a man attainted of Felony, (as Dangerfield is) tho' he be afterwards pardon'd, cannot be sworn of a Jury. Of the same opinion also was the Court of Common-Pleas in 9 Jacobi, as we find it in Brownlow's and Goldsbo∣rough's * Reports; and my Lord Cook in Brown's and Crashaw's Case, (re∣ported by Mr. Bulstrode) was of the same * opinion; viz. That a man attainted, tho' pardon'd, can never serve upon an Inquest, and consequently cannot be a Witness in any Page  52Case; and the Reason he gave was, because he is not Probus & legalis homo; for, (says he) Poena mori potest, culpa perennis erit. In Mr. Brown∣low's * 2d. Report, 'tis adjudg'd, That if the King pardons a man attain∣ted for giving a false Verdict, yet he shall not be at another time impanell'd upon any Jury; for tho' the Punishment be pardon'd, the Guilt remains: Upon which Authorities I humbly submit to your Judgments, whether Dangerfield can be a Witness.

Mr. Attorney on the contrary urg'd, That the King's Pardon had not only ta∣ken away the Punishment; but the Guilt also, and so clears the Person from the Crime and Infamy; and for this, he cited the Case in Fitz-Herbert Coron, where, in an Appeal of Felony, the Defendant offer'd Tryal by Battel, and the Plain∣tiff counterpleaded it by saying, The Defendant being apprehended, escap'd and brake Prison, which presumes a guiltiness; but (proceeds he) if the King pardons that breaking of Prison, the Desendant shall be restored to the Bat∣tel, and the Counterplea taken away, Page  53Mr. Sollicitor argu'd to the same pur∣pose; That the King's Pardon doth not only clear the Offence it self, but all the Dependencies, Penalties, and Disabili∣ties incident to it. Mr. Sergeant Jeoffe∣ries cited Cuddington's Case, in my Lord Hobart's Reports, That the Pardon takes away the Reatum as well as the Poenam; and he said besides, That the constant Practice at the Old-Baily had been, to admit an attainted Felon after his Par∣don to be a Witness; and this Sir Francis Withens did also much insist upon. The Court answer'd as to the Practice, That perhaps no Exception had been made to it by the Parties concern'd; but doubt∣ing a little Mr. Darnel's Citations, they call'd for the Books, and finding them true, sent Mr. Justice Raimond to the Common-Pleas for their Opinion, which was, That a man attainted (as Danger∣field) upon an Outlawry for Felony, could not be a Witness, tho' pardon'd; but if at∣tainted, and burnt in the hand, he might. Now this being thought the present Case, tho' since upon further considera∣tion it is found to have been a mistake; for Dangerfield was not burnt in the hand Page  54for the Felony upon which he was Out∣law'd, but lately pardon'd; so that by reason of that Attainder, he can never be again a legal Witness. I say, this be∣ing thought the present Case, the Court told me, as they did before, that tho' he were to be heard, yet any Record to invalidate his Testimony, and show what a man he was, should be read and consider'd; and thereupon he was sworn, the Dispute having lasted above an hour.

His Evidence was this; * That being sent to me with a Letter from my Lady Powis, which he gave me, I dispatch'd him back with an Answer, which her Ladiship open'd and read aloud in his presence, Mrs. Cellier being also by: That the said Answer express'd a liking of him the said Dan∣gerfield, as a fit man to instruct the Youths, who were sent from St. Omers against Mr. Oates: That I did teach those Youths what to say at the Tryals: That when any One was out of his Part, it was common for to say, I must go to my Lord Castlemain; and being ask'd by the Ch. Justice, Who said so? He answer'd, Page  55That among others, he heard Gifford say it: That I order'd the taking Lane out of Prison: That I approv'd of the Letters and List of Names, which he brought me from Mr. Nevil, alias Pain, to be convey'd into the Houses of the Presbyterians, being all to the same ef∣fect with those he had already put into Col. Mansel's Chamber, tending to the credit of the Sham-Plot: That to this end I order'd him to imploy men to tran∣scribe the said Letters: That I being in∣form'd by a Letter from him, that the Persons imploy'd had finish'd their Work, I sent him by a Messenger (that is now in Court) 40 s. having sent as much more to Mrs. Cellier, as she told him: That in the middle of August, 79. he (Dangerfield) came to me, (and one of my Servants that was by, being sent away) I said to him, (with a very austere countenance, and like one that meditated Revenge) Why did you refuse to perform what the Lords in the Tower pro∣pos'd to you? He ask'd, If it were to kill the King? And I answer'd, Yes; but seeing me in fury, he ran down stairs, and never came to me more: That (as Page  56he thinks) I was then writing the Com∣pendium; for he saw some words in a Paragraph, which he after wards saw in the printed Book, and I had also then a Pen in my hand and Ink by: That I us'd to call the King TYRANT; and being ask'd how and upon what occasion I said so; He answer'd, That if he de∣manded of me (for example) when his Majesty return'd from Windsor? I would say, When the Tyrant pleases; and he heard me use the word to Mrs. Cellier in Powis-house.

Now the chief Question which I ask'd him was; Whether I were not angry for his going to the Tower to my Lord Powis and the rest in my Name, about printing the Jesuits Speeches, and there∣fore forbade Mrs. Cellier from ever sen∣ding him any more to my House; telling her withal, If he came, I would order my Servants to kick him? This he absolute∣ly deni'd; and then I said, I should now (with the Courts Permission) produce Evidence to disprove what had been al∣ledg'd against me, and that I would be∣gin with Mr. Oates; tho' I could not but rejoyce, that Mr. Dangerfield was re∣ceiv'd Page  57as a Witness, since every word that he had mention'd to them should be proved a notorious Lye.

The 1st thing I offer'd, * was, (after the calling for Mr. Parker) a Record from Hastings, which show'd, that Mr. Oates had (Anno 1675.) accus'd 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) be∣cause 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 in∣duc'd the Jury to their Verdict; to wit, The known antecedent Malice of Mr. Oates against Mr. Parker, and the posi∣tive 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. Par∣ker there; and others, That Mr. Parker was with them all that Afternoon at a Page  58merry Meeting. Mr. Justice Dolbin an∣swer'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 Fe∣lony, 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 De∣fendants 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 Infe∣rence, 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 Villa∣ny and Practice. The Ch. Justice repli'd, That no body knew the Motives of the Jury but themselves; and that the busi∣ness 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 Try∣al, the said Mr. Oates (to take all com∣fort and assistance from him) accuses his Father, (who was a Justice of the Page  59Peace, and a considerable man in the Town) of scandalous words against the Lords of the Privy Council, and so secu∣ring him by a Messenger, he remain'd in Custody, till the King (upon the exa∣mination 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. 'Tis 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 an∣swer'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 (conti∣nues 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 Page  60has since re-converted to be a Protestant. Why then (answer'd the Ch. Justice) there's a Rowland for your Oliver.

Mr. * 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 for∣merly 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 acknow∣ledg'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 Coun∣trey, about April 77. he found Mr. Oates ready to go to Valadolid, where he went to study his Philosophy and Di∣vinity: 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 Page  61return'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, be∣cause 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, say∣ing, 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 him∣self) could witness his being at the Col∣ledge 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. Page  62Oates 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 pur∣pose; but the King's Council instead of applauding his Serinon, laid again Trea∣son to his charge, as having perswaded a Subject to the Popish Religion, and ha∣ving 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 Evi∣dence? I repeated to him, That Mr. Berry's Conversion to the Protestant Re∣ligion had wip'd away all faults of that na∣ture; 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 argu∣ing, Mr. Berry slipt away, which being Page  63at 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 cal∣led, and refusing to do it, a grave and Reverend Divine, (who was Dean of Rippon, as I was told) rose up and ac∣quainted the Court, that this Mr. Berry was his Curate at Barking; that the Bi∣shop of London, having heard something against his Preaching, had sent him (the said Doctor) word, that he would pro∣vide him another; and that last Saturday at Dinner his Lordship told him, he was distracted. Mr. Oates presently acknow∣ledg'd, that he had known, and look'd upon him to be such a one; and so with∣out more words he was dismiss'd.

Then I called for one Mr. * Armstrong, and ask'd him, If he had not been Mr. Oates's School-fellow at Valladolid? He answer'd, Yes; and so I desir'd him to tell the Court in Page  64what condition Mr. Oates lived there. He said, That he himself came not to Valladolid till about Sept. 77. Mr. Oatei having been there some three months before him: That Mr. Oates was only a Scholar like himself and others, sitting at the same Table, and going to the same School with them, till his departure. Mr. Oates answer'd, That he was ready to Commence, when Armstrong and other Youths came, who being but Strangers, and not understanding their Philosophi∣cal Dictates, the Fathers desir'd him, (Oates) to teach them, and to show them the way to School, which he twice or thrice did. Armstrong repli'd, That it was not so, and that Oates was but a Scholar himself as the rest were.

After this I called for Mr. * Dorrington and Mr. Palmer; Mr. Palmer first appearing, I entreated him to give an account of Mr. Oates's condition at St. Omers; who said, That Oates was but a Scholar there whilst he stay'd; that he still went to School, and play'd with the rest of the School-boys; but being an ancient man, he had more freedom than the rest, and Page  65so sate at a by-Table in the Refectory, be∣tween the Fathers and Scholars. Mr. Dorrington could not for the Crowd presently get into Court; but way being at last made, I ask'd him the same thing, which he affirm'd, and so retir'd.

The next Call was for Mr. * Grigson and Ellen Rigby; Grigson coming in, I ask'd him, if Mr. Oates were not his Lodger? He an∣swer'd, Yes, at Easter, 77. as also after; and in short declar'd, that he was in a poor condition during his stay with him. Mr. Oates ask'd Grigson, if Mr. Fenwick had never paid for him? He said, Yes, after he came from St. Omers. As for Ellen Rigby, I said, she was ready to testifie, (as she had done in Sir Geo. Wakeman's Tryal) That Mr. Oates us'd (in the year 78.) to beg of Mr. Pickering in the Sa∣voy, and that at last she had Orders (as being a Servant there) not to let him come in any more. The Court intimated, that they had heard this of her formerly, and therefore I told her she might retire, as she did, without speaking. Besides Mr. Oates deni'd not his poor condition, but confest, he had nothing to live upon Page  66but what he was allow'd by the Jesu•…; Whereupon the Court said, that it se•…d they allow'd him but very meanly.

These Witnesses being gone, I ask'd Mr. Oates, whether he did not say, he came over with Mr. Hildesley to the Con∣sult in April 1678? He answer'd, Yes; and then Mr. * Hildesley was call'd, who absolutely de∣ni'd his coming over with him. The Court said, That this business had alrea∣dy been before them, and that Mr. Oates his being then in Town was proved by others. I do not (repli'd I) come now to meddle with that business, neither shall I bring any old thing before the Court, without some new proof or infe∣rence; and thereupon I called one Mr. Osborn, * who declar'd to this purpose; That in April 78. he met Mr. Hildesley newly come from St. Omers, and discoursing with him about their former School-fellows, and what new ones were then there, Mr. Hildesley said, He had left there among others a Minister at School called Samp∣son Lucy, his true Name being Oates; but that he demean'd himself so ill, that Page  67he believ'd he would be sent away as soon as the Provincial came. To show also that this was no invention of Mr. Osborn, I told the Court I had some La∣dies of quality ready (one of them be∣ing a Protestant) to witness, that Mr. Osborn had told them this very Story at that time, to wit in Apr. 78. * For the Reader must know, that these collateral Witnesses talking (it seems) about a Gentlewoman in Barkshire, Mr. Osborn (their near Relation being by) acquainted them, that he had that day met with a Kinsman of hers, to wit, his old School-fellow Hildesley, who was new∣ly come from St. Omers, and so told them the Discourse they had had together; which passage being remembred by the Pro∣testant Lady, after Mr. Oates's Discove∣ry, made her much more question the truth of his Information, when once she found that he pretended to come over with the said Hildesley.

I insisted much upon this Evidence, as a Confirmation of Hildesley's Testimony, and consequently that Oates came not over with him, as he swears; and Mr. Justice Jones was pleas'd to repeat my Page  68Inference; but the Ch. Justice (upon my offering the collateral Witnesses) told me, that it was needless to call them, except I could bring some that came over with Fildesley; the thing other∣wise being still a Hear-say; yet the Jury might, if they pleas'd, consider it. Mr. Justice Dolben also thought it but a Hear-say, and that therefore it brought with it no new force or value.

This business being thus over I call'd for Mr. Lytcott, another of my Witnesses, to prove, that I had never offer'd at a Divorce, and consequently that even Mr. Oates's present Testimony, of my de∣claring, that I had spent much money about one, was a lye. Having therefore desir'd him to speak, he said, That it was morally impossible there should be a Di∣vorce, because (he knew) there was ne∣ver such a Design. The Court not liking the Issue, seem'd from the beginning to discourage it, which I desir'd, they would not do; but Sir George Geoffries, to discountenance it further, would have it, that all that my Witness had to say was, That he never knew of any; and Mr. Justice Dolben was pleas'd to think Page  69the Evidence could be of no moment. But I urg'd, that it would certainly be material; for if he proved, (as I knew both he and others could) that I never endeavour'd at a Divorce, then it was false that I spent money about one. Be∣sides Mr. Oates, (as should be prov'd, if their Lordships had forgotten it) had accus'd me, even in that very Court be∣fore their Lordships, as also before the King and Council, and before the House of Commons, That he saw the Divorce which I sued for; Therefore having ne∣ver offer'd at it—The Court (inter∣rupting me here) asked, What then? and that I must not go to prove what was not pertinent to the Question; or what was said in another place, tho' false. But I insisting, that he had now at this very Tryal charg'd me with saying, That I had spent much money about the Divorce, whenas I had never aim'd at it; my Lord Chief Justice said, He would acquaint me with the usual proceedings 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 Page  70him perjur'd, which was not their busi∣ness now to try; for if what I preten∣ded 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 ano∣ther. 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 In∣dictments against Mr. Ireland, and Mr. Langhorn, according to my Councel's Directions, but that he would not deli∣ver them without Mr. Attorney's War∣rant, who refus'd one, tho' often solici∣ted, Page  71as those that waited upon him could attest. I bade them (answer'd Mr. At∣torney) first petition the King and Coun∣cil for an Order, and when they did so, it was not granted them. I know (re∣pli'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 bu∣siness to a further examination, I sub∣mitted the whole to them, tho' I offer'd to prove, what they had forgotten, and so I bade Mr. Lytcott withdraw.

Then the Court comman∣ded the Records (already mentioned against Dangerfield) to be read; which being done, * I call'd for one Mr. Duddel, (who had been for∣merly a Witness subpoena'd against Mrs. Cellier by Dangerfield) as also for Mrs. Cellier her self. At her appearing some Page  72of the Auditory began to hiss; but up∣on 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. Cel∣lier, 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 Dan∣gerfield came more to my House, I would make my Servant kick him? She acknow∣ledg'd all to be true, affirming, that it happen'd on that very * day twelve-month; be∣sides, 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. Dud∣del 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 an∣ger, for his going to the Tower as aforesaid. * I desir'd also that my Lady Powis (who then Page  73happen'd to be in Court) might be ask'd, Whether she had written to me by Dan∣gerfield, 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 Danger∣field; 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. Cel∣liere being call'd back, declar'd also, that she never knew or heard of any thus brought from me. And then I ac∣quainted the Judges, that I would now disprove the Lye, of my teaching the St. Omers Scholars their Lesson, as Danger∣field said I had done; but the King's Council hinder'd me, by calling of Coun∣ter-Witnesses to confirm my Adversaries Testimony; and these were Sir Richard Barker, Mr. Lawson, Mr. Turner, and one Woodman, who all testifi'd as fol∣lows:

Sir Richard Barker be∣gan, * 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 Page  74Court, 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 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 decla∣red 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 at∣tend that Circuit. Now this Evidence (so diametrically opposite to Danger∣field's Oath) would have demonstrated his falshood; and therefore having time∣ly notice of it, He, or some of his Gang caus'd Mr. Attorney to stop, as I men∣tion'd; Page  75and Turner being call'd, was ask'd, * 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 (con∣tinuing still confus'd) answer'd, He could not be positive, but he believ'd it was in Ju∣ly. Did you then see Dangerfield (said the Court) with my Lord? No, (an∣swer'd he) As I was coming down stairs, I saw him in a Room below waiting. Woodman being call'd, * 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 re∣ceiv'd there about 3 l. But being ask'd, Whether it were for Dangerfield? he Page  76repli'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 to disprove Dan∣gerfield's Lye about my Teaching the St. Omers Scholars; for I confess, that I was more concern'd at this Calumny, than at all the rest; But when Mr. Ju∣stice Dolben told me, that he would un∣dertake it would be time lost, I thought it better to wave a thing not absolutely material, than to displease and put the Court out of humour: Therefore ad∣dressing my self to the Bench, I said; That I would now with their permission make a Recapitulation of what had pass'd; and so going to peruse my Notes, (for I had written a great deal) the Ch. Justice repli'd, That I might do as I thought sit, but that he must be gone. Wherefore several about me hinted, That the Court and Jury were all tired, by reason of the excessive heat, (for I had been near 6 hours at the Bar, and 5 in my Tryal:) That there was but one Witness at most against me: That all was plain, that the Judges would fully give an account of Page  77every thing; and that more words would rather be a prejudice, than other∣wise. This had no little weight with me; and besides it would be infinitely advantagious for me, (I knew) to have at the close all the Judges present, to give their Opinion as to Dangerfield's Testimony. Therefore to make short work of it, which I saw would be grate∣ful, I was willing the Ch. Justice should presently sum up the Evidence; who ha∣ving begun, was interrupted by the At∣torney; for he told him, that he had something to say. His Lordship desiring him to be short, because the King had sent for him, he urg'd, That there were two positive Witnesses; that tho' some∣thing might be objected against Danger∣field, yet Robberies were to be discover'd by Robbers, and Treason by Traitors; that notwithstanding he had formerly been dishonest, he might be otherwise now; and that Turner had prov'd his being at my House in July or August. Upon this again I offer'd at my De∣fence, but the Ch. Justice rose up to be gone; therefore considering with my self the former Reasons, as also that my Page  78Defence could be but natural Inferences, from what my Accusers, or my own Witnesses had affirmed, (which (me∣thought) might occur to any body at the bare summing up of things) I desir'd his Lordship to stay, telling him, that I had done; and then he began to this effect:

First he told the Attorney, that, had he not interrupted him, yet he would have omitted nothing now mention'd, as being nicely careful when the King's Life is concern'd. Then he show'd what Mr. Oates had alledg'd; and said, I had thrown but little upon him by way of Infamy; For if the Verdict of Hastings were material, every Witness must be ac∣cus'd when a Jury goes against his Testi∣mony. That Hildesley denies his coming over with him in the Pacquet Boat, but yet it was probable, that Mr. Oates was here, which I seem'd to admit. That the Jury must consider things probable and inprobable, or else that the confi∣dence of a Swearer might take away any man's life. That truly he understood not, how I could be so free, when Mr, Oates neither knew me, nor knows whe∣ther Page  79I knew him; That Mr. Oates says to this; That, I must needs have seen that the Jesuits entrusted him, and therefore was the more confident of him, when I spoke so plainly to him in Mr. Fenwincks Chamber; but how far this Oath was to be taken, the Jury must consider. That as for Dangerfield, tho' nothing infa∣mous were prov'd against Oates, yet there was enough against him; That 'tis the Duty of a Judge to make just Ob∣servations to the Jury; That tho' a man may be a Witness in Law, yet they must consider his Credit; That had he been only a Traytor, he had been as good a Witness as Oates, but that 6 Enormous Crimes are against him, and whether a man can presently become a Saint by being a Witness, they were also to con∣sider. That in disproof of Dangerfield my Lady Powis and Mis. Cellier affirm'd no Letter was sent from me; That it had been prov'd too, that I forbid him my House in June or the begining of July, and that he then declared he had rather go 100 miles than come near me; which not only contradicts, what he de∣pos'd, to wit, That I was never angry Page  80with him before he refus'd the Treason pro∣pos'd by me; but shows also a great im∣probability, that I would be thus angry with him for going to the Tower in my name, and so angry also upon his refu∣sing to kill the King. That Turner can∣not charge himself whether he were at my House in June, July or August, but thinks only it was in July; That there was a great difference between Oates and Dangerfield, for one might be be∣liev'd, when perchance the other might not; That if two Witnesses be produc'd, and one only of Credit, there is but one Witness to be reckon'd to the matter; and one was not enough to find a man Guilty of Treason; in which Opinion all the Judges did unanimously agree, and Mr, Justice Dolben added this, That since the Law required two Witnesses that they must necessarily be both believed.

In this manner the Chief Justice sum'd the Evidence which was approv'd of by the rest; and tho' it were so clear, that he who afterwards should have con∣demn'd me, would have done it (I dare say) if one had risen from the Dead, yet it was not (I must confess) all I inten∣ded, Page  81especially in relation to Mr. Oates, as I shall presently show the Reader. As soon then as his Lordship had ended, he went away, & the Jury withdrew to their Chamber, where they remained so long, that it occasion'd various discourses and guesses all about; for some would have it an infallible sign of my Condemnation; but others were of the contrary senti∣ment, as thinking that too much haste might disparage the Plot, and raise doubts, whether what had already past, were well done. In fine (after above an hours stay) they returned, and no sooner pronounced their Verdict, Not Guilty, but it was approv'd with a great shout over all the Hall, which was seconded by another in the Palace-yard; and tru∣ly I must needs say, that I found every body extremely satisfied with my suc∣cess, as I past through the Crowd to my Coach. I mention not this, as if I thought any Catholick (and much less my self) popular, but I do it to show that no people are naturally so well plea∣sed with the preservation of a Fellow-Subject, as Englishmen, and consequently how necessary it is to ferment their Pas∣sions, Page  82and to put them quite besides themselves, before their humour can turn bloudy and inhumane.

These are the Particulars of my Try∣al; And now it will not be (I suppose) disgustful to the Reader, if I give him an Account (as I hinted before) of my intended Defence; for I took Notes all along, and so drew these plain and ob∣vious Deductions from the Premisses.