The Earl of Castlemain's manifesto

THE EARL of CASTLEMAIN'S MANIFESTO.

HAving had the misfortune to be accus'd, (if he can call it so, that has been openly acquitted and freed,) I left the Publication of all Particulars, to those who still furnish'd the Curious with Transactions of that nature; But seeing they have been not a little faulty in my Tryal, which yet came not out till the end of last January 5 and seeing Mr. Turbervile has been as ex∣travagant as any of his fellows, in his wild printed Charge against me, I think it now an incumbent Duty to give the

World, (and consequently Posterity) a full Account of my Troubles, since these unparallel'd Disorders, which have not only disturb'd the flourishing State of England, but astonish'd and amaz'd the whole Universe also.

The Parliament (according to the time appointed at their July Prorogation) meeting again on Munday the 21st. of October 1678. Mr. Oates was order'd (on the 2d. day following) by the Lower House, to acquaint them with the Parti∣culars of the Plot, which he did in a Discourse of many hours, being for the most part the same, as that in the Nar∣rative, since printed by his leave and directions. But the thing expected with the greatest Impatience by the whole Town, was an account of the Persons no∣minated to the Spiritual and Temporal Imployments mention'd by him; and this he was to give in (as he did) the next day; whereupon the House sent for the Chief Justice, who having taken his Ac∣cusation upon Oath, issu'd out Warrants, and so three of the Lords (the Others, and most ••f the Gentlemen being in the Count•…•…

were secur'd that very night, or early next morning. The News flying pre∣sently about, several of my Protestant Friends came to congratulate my want of Preferment, which they took as an infallible sign of my Innocence; for they thought, I could not (if privy) have miss'd of some Imployment, when Med∣bourn a Player, and Townley an Alehouse-keeper, were already eminently promo∣ted. Within some hours after, I heard that the Earl of Powis and my Lord Arundel (for my Lord Bellasis was not yet removed by reason of the Gout, which almost always afflicts him) were at the Gate-house, expecting how the Peers would dispose of them; I went to see them, as my near Relation to the one, and my Acquaintance with the other, I thought, obliged me. There I found they were to lye that night, and so to be carried to the Tower, but little dreamed that I was immediately to succeed them; for Mr. Oates (for Reasons best known to himself) thought fit next morning (viz. Friday the 25th.) to accuse me of Treason also to the Commons, who order'd the Justices

of Westminster (that were Members,) to examine him upon Oath, and then to proceed accordingly; which as soon as I heard, I went to take my leave of my Friends, foreseeing that a Confinement would necessarily follow.

Whilst I was in my Visits, one of my Servants came to acquaint me, that Mr. Tissard (the Sheriff) and his men were at my House; so that returning home some few hours after, (to wit, about 10 at night) I found the Rooms below stairs full of People; and asking them for their Officer, I spoke to him to this effect; That I was sorry I had made him stay so long, but that he needed not to have trou∣bled himself with so many Attendants, since any one of them with Authority had been sufficient. He answer'd, That by virtue of the Warrant, (which he shew∣ed) he was to secure me and my Papers, but that he had not yet medled with them, because he understood that I had the Keys of my Cabinets and Closet about me. I gave him many thanks for his Ci∣vility in not breaking open Locks unne∣cessarily, and then calling for Lights, I conducted him, and two or three of his

Followers, to my Apart∣ment. Having there seiz'd all my Papers, he sealed them up in a Box with my own Arms, to avoid (as he told me) pretences of foul play, and so took it with him; but as for my self, (being it was very late) he suffer'd me (at my request) to lye at home with a Guard. In the morning he came again for me, and the Box being with him, I desir'd, that since he had taken not only my Letters, but all sorts of Papers also, as Bills, Acquittances, Accounts, and the like, (which might occasion perhaps, I said, some future dispute between me and my Steward, or those whom they concern'd) he would be pleas'd to let me see what he carried away. This too he civilly granted me; and when in the presence of him and the rest I had slightly viewed all, he sealed the said Box as be∣fore, and then brought it and me (toge∣ther with a Cabinet full of Deeds and Conveyances) (which I wonder'd not a little at,) to Sir Charles Harbord's, where I found not only Sir Charles, but Sir Philip Howard and Sir Edmund Wind∣ham (the Knight-Marshal) who came also thither to examine me.

When we were all seated about the Table, Sir Charles asked me, How long it was since my be∣ing at Rome? I told him, I came last thence about the year 69. Then he de∣manded, Whether I was divorc'd? I answer'd, No Whether I knew one Strange? I told him, Yes. What was he for a man? I said, He had been lately (as I heard) Provincial of the Jesuits. Where had I seen him? I reply'd, Beyond Sea. Whether I had not seen him in England? I said, Yes. When, continu'd he? I answer'd, I was not able to tell exactly, it being a good while ago. He desir'd me to inform them as near as I could. I reply'd, That I thought at my return home (which was about that time twelve month, or a little more) he among others came to welcome me; but I was sure I had not seen him in a long time. Then he asked me what I knew about the Plot? I answer'd, I knew nothing, neither did I believe there was any Plot. Did you (says he) never hear of any thing tending to a Design against the King? I answer'd, I never did in all my life, and that I thought my Relations

known Loyalty, and my Own, might as∣sure them of it. If you had been made acquainted (says he) with a Design a∣gainst the King, do you think your self bound to have discover'd it; and would you have done it? I answered, I was bound; and would have done it also.

This is the sum of my Examination; and as much of it as they deem'd fit, their Clerk (by their directions) put in writing, which I also read and subscri∣bed. Now that the Reader may see the cause of all these Questions, I shall here insert the particulars of Oats's Accusati∣on before the Commons, couch'd in his own Stile and Phrase; And thus I found it (some few days after) in the very publick Papers that went about,

That JAMES Earl of Ca∣stlemain (for so he Chri∣stned me) was, he verily believed, a Priest, and of the Order of Jesus: That the said Earl had sued a Divorce between him and his Wife Barbara, now Dutchess of Cleveland, which Divorce, he (Oats) saw about November or December last, in the hands of Richard Strange, late Provincial of the Jesuits in England;

and that in June or July last he heard the said Earl in the Chamber of John Fenwick near the Horse shoe in Drury∣lane, declare his Approbation of the late White-horse-Consult about the King's Death: present Basil Langworth and the said John Fenwick.

After Sir Charles had done with my Examination, he call'd for the Cabinet of Deeds; and taking out every Drawer, they opened some Parchments, and par∣ticularly those with Great Seals; as Colledge-Leases, Exemplifications, &c. So that to save trouble, I assur'd them there was nothing there besides Writings relating to my Estate. Sir Charles answe∣red, That among Writings it was a good place to hide Commissions: By which I found why the Sheriff had brought them away with him; And truly I think that Sir Charles did also ask me in my Exami∣nation about the so much discoursed of Commissions from Rome. Now for the sealed Box of Papers, he commanded it to be carried up to his Chamber, saying it was to be sent to the Council; And af∣ter we were risen they ask'd the Sheriff several private Questions, which (by

some words lowder than the rest) I guess'd were concerning the manner of my surrendry, and the like.

These Magistrates having thus fully performed their Duty, I told them I was not a little troubled, that my first Visit to them should be upon so ill, and so un∣expected an account; but since I had (as I hop'd) satisfi'd them in all particulars, I suppos'd I might now go home. Sir Charles answered, That they were to ac∣quaint the House with what they had done, and that in the mean time the Sheriff was to keep me in custody, who thereupon brought me to his Brother's in Covent-Garden; but within few hours after Dinner, an Order came (signed by these, and the other Justices) to convey me to the Gate-house, from whence the Council sent me afterwards by a Serjeant at Arms to the Tower.

There I remained three months, that is to say, till the next Term; For on the first day of Hillary-Term, I moved for my Habeas corpus; and being brought by it to the King's Bench-Bar, the Jud∣ges asked Mr. Attorney Jones what he had to say against my Enlargement? He

answered, That I was a Prisoner (as ap∣peared by my Commitment) for High Treason in the highest nature; but that he had but one Witness against me. My Case therefore being declared Bai∣lable, I was bound in a Recog∣nizance of 2000 l. and my Sureties, which were two, in 1000 l. a piece, that I should appear on the first of Easter Term, following. This I punctually performed; and at the end of the said Term I was again orde∣red to appear on the first of Trinity Term, which I did too; As also on the last of it; but then my Council, (to wit, Mr. Scroggs and Mr. Sanders) mov'd for my Discharge; So that Mr. Attorney (being call'd upon) answer'd, That Mr. Oats was my Accu∣ser, and if their Lordships pleas'd, they might know of him what he had against me. Mr. Oats presently appeared, and openly averr'd, in my presence, and in the face of the whole Court, That I had assented to the Death of the King: That I had sued out a Divorce from Rome; which Divorce he saw in the hands of

Provincial Strange; And that he belie∣ved I was a Priest. Tho' this were only my first Accusation; yet being of that high nature, the Court would not dis∣charge me; therefore they con∣tinu'd me on Bail to appear on the first of Michaelmas Term; as I did; And then I was remitted to the last day of it, after the former man∣ner: But long before that, there happen∣ed another Adventure, which I am here to relate.

On Saturday November 1. 1679. I dined with my Lord Powis at the Tower; and about 5 in the evening, as I was coming from seeing my Lord Bellasis, (who had been ill) some of my Lord Stafford's people mee∣ting me, said, That all the Gates were shut, and that the Gentleman Porter, with a Guard, was in quest of me. I pre∣sently desired them to tell him he might find me at their Lords; which being done, an Order of Council was shown me by a Messenger; who also told me, That I must presently attend the Board, So that calling for two Hackney-Coaches, (for they kept my own behind, to search

it for Papers) they first carried me home; where I found another Messenger, wat∣ching my Appartment, till I came my self to open the doors Here they seiz'd on all my Papers; and from thence I was brought to the Lobby, and after some stay there, unto the Council-chamber it self.

Having made a low Re∣verence to the King, I stood not far from his Chair; then the Chancellor rose up and asked me if I knew one Willoughby? I answered, Yes: How long have you known him said he? I replied, I would (if his Lordship thought fit) give him an account, not only of that, but of every thing else within my knowledge concerning him, which he and the Board liking, I began thus; That one Mrs. Cellier visiting the Prisons in the beginning of the Troubles, and coming to me (as she did to others) about Charity for the poor there: I told her, I would not only then give her some∣thing, but would allow them weekly also: And thus (said I) my Lords, I still do. Ʋpon this account (continued I) and that of the St. Omers Witnesses, (which

I had provided for my own Defence in case of Trial, and which I lodged at her House) she came frequently to me; and (among the news and accidents of the Prisons) told me one day, she had taken out of New∣gate, for 3 l. 10 s. a young man verst a little in the Law, whom she thought very fit to look after several desperate Debts (to the value of 3 or 4000 l.) due to her Hus∣band, who had formerly been a conside∣rable French-merchant: This Fellow was, it seems, Willoughby, now Dangerfield: and him she sent sometimes to my House on ordinary Errands; but presently he plaid me as villanous a trick as could be imagin'd, considering the times we live in; the thing was this; The five Jesuits being (on the 20th. of June last) Execu∣ted, he came within very few days after, to me, either in my Lady Powis's Name, or pretending to go to her afterwards, and asked me if I thought it convenient to have their Speeches printed: I told him, By all means; for why should such excellent and loyal things fall to the ground? He replied, That it would cost Ten pound; Well, said I, if it does, tell my Lady I'l willingly give something towards it;

and so he departed. Not long after, I went to the Tower to see my Lord; and as soon as I met him, said he, (with an apparent dis∣satisfaction) Why did you send a stran∣ger to me? And besides, what have I to do with the Jesuits Speeches? Has any body (answer'd I) been with you in my Name concerning that Affair? Yes, (re∣plied he) one Willoughby (as they call'd him) whom I sent away as he came, as soon as he acquainted me with the mes∣sage. This accident surprizing and trou∣bling me not a little, I took my leave of his Lordship, assuring him that I never sent the Fellow, and so went straight to Mrs. Celli∣er, (who being hunted for by Sir William Waller and Captain Richardson, lay then at Powis-house) and bidding the Porter call her to me, I acquainted her what the Spark had done; and also told her, He was so great a Villain, that if ever he came any more to me, I would order my Servants to kick him out of my House. Thus, my Lord, (said I to the Chancellor) you have an account of my acquaintaince with Wil∣loughby, and the reason also I had to be angry, and to forbid him for ever coming near me again. But (answer'd the Chan∣cellor)

did you never know of any Proposal made to him by the Lords in the Tower? No, said I. Nor were you (proceeds his Lordship) ever angry with him for refusing to perform what they propo∣sed to him? No (replied I) I assure your Lordships. Mr. Willoughby (says the Chancellor) you may perchance refresh my Lord's memory with particular cir∣cumstances. Upon which he appeared on the other side of the Table, being be∣fore with his Keeper in a corner, unseen by me; and making a bow, I am behol∣ding (said he) to your Lordship for con∣firming so material a part of my Evi∣dence. As how, good Mr. Willoughby, answered I? That I was (said he) with the Lords in the Tower. But Sir, (an∣swered I) did I not, after your going thus thither in my Name, forbid you from co∣ming at me any more? You did, answe∣red he, and it was the last time I came. Then make, I pray, what advantage you can, said I. The Lords in the Tower (continues he) having made me the proposal, I crav'd time to consider of it, which did not a little displease them; And when I went next to my Lord Ca∣stlemain's,

I found him in his Study; who, as soon as he perceived me, rose up in anger, and asked me, Why I would not do that which the Lords proposed to me, and for which I was taken out of Prison? So that, finding his Lordship in passion, I ran down stairs, and went away. Willough∣by affirming this, and I the contrary, viz. That I never heard of any Proposal made him by the Lords; The Chancellor said, He would tell me what the Proposal was, to make me the better call the whole business to mind; and then declar'd, That they had propos'd the Killing of the King to him; and this also Willoughby attested. I know nothing of it, replied I; and there∣upon asked Willoughby when it was that I thus frighted him down stairs? As he was musing a while, and looking up in a considering posture, I said, You had need Friend consider well for it is the Question a∣bout time is the thing that will ever confound you and such as you are. At last he told me; It was a fortnight or three weeks after Sir Geo. Wakeman's Trial. Now, my Lords, (re∣plied I) I have all I desire, having caught him (as I expected) in a most evident Lie and Contradiction; for did he not confess

to your Lordships, that he never came to me after his Knavery at the Tower which was (as appears by the publick sale of the Jesuits Speeches) at least five weeks be∣fore Sir George Wakeman's Trial; and yet now he affirms, That my being angry with him was even a fortnight or three weeks after the said Trial. This so much startled him, that he had nothing to say, but that he would shew me circumstan∣ces to prove the Truth of his Allegati∣on; which were, That I was then wri∣ting the Compendium, a Paragraph of which he read as it lay before me on the Table: That one Lawson was then in the House, as also Turner the Booksel∣ler. These (said I) are vain things, and so far from reconciling your former Con∣tradictions, that they create new ones; For how was it possible for you to read a pa∣ragraph in a Paper, when I my self was by, and (as you urge) in an angry humour, at the very first sight of you.

[And here I must, with my Reader's leave, further acquaint him, That Dan∣gerfield neither pretended to have done this by surprize, nor would it have avai∣led him, had he said so; for my Chair

and Table in my Study, (as every one of my Servants knew, and as the very Officers that had newly search'd it could witness) so face the door, that it is im∣possible for any body to come in, and not to be presently seen by me, when there.] Now (continu'd I to Danger∣field) for the persons you name, they are easily guess'd at, Lawson being my Sollicitor, and consequently most mor∣nings with me, and the other my Book∣seller, who having Orders to bring me still whatsoever was new, could not but be often at my House, the Press being at present so prolifick. He to amuse me and the Board, began again with the Compendium, and that he read only part of a Paragraph; but the Chancellor tel∣ling him, that that was not the present Question, he was sent out, and Mr. Oates came in, who had not long before written in a Note that he had something to accuse me of.

As he was going to speak, the Chan∣cellor commanded the Clerk to give him his Oath. Mr. Oates answer'd, he had already sworn to what he had there to

say. If you have sworn a thousand times, (reply'd his Lordship) no body here will believe you, unless you swear also before them. Upon that he kissed the Book without more words, and then said; That he saw me at a Meeting, in which I appro∣ved of the Design of killing the King; That I had sued out a Divorce in the Court of Rome be∣tween me and the Dutchess of Cleveland, which Divorce he saw in the hands of Mr. Strange the then Provincial; and that he had also seen Letters both from Liege and Rome (if I forget not) that I was a Priest and had said Mass. I assured their Lordships, that I would not tell them a Lye upon any account whatsoever; and if they found me thus guilty in the least particular, I desired that all things laid to my charge might be believed. Then I told them as for my being a Priest, I should (were I one) be so far from po∣sitively denying it, as I did, that I would glory in the Title; but for the Divorce I durst appeal to the Dutchess her self, whom he had named. The Chancellor reply'd suddenly to this pur∣pose,

That the Dutchess would say no∣thing to the wrong or prejudice of any body. My Lord, (answer'd I) I speak not this reflectingly, but to acquaint you, that she (who is concern'd, and who has I am sure made much enquiry about it) does certainly know the falsity of it. Then I desir'd their Lordships to consider, whether it were possible, that such a silly pitiful Fellow as Oates, should have thus all Catholicks Secrets (let their Quality be what it would) communica∣ted to him. But as I was in this manner descanting on my Accuser, a Lord rose up and told me, That I must know I was in the King's presence, and that I was not to give his Witnesses foul language, with much more to that effect. So after some further Velitations with Mr. Oates, and that I had assur'd him, I should at ano∣ther time, and in another place, shew him fully his mistakes, and particularly about the Divorce, (which I said several Letters of mine taken from the begin∣ning, and still in the hands of the Council would clear) he went out; but before 〈◊〉〈◊〉 stirred, I address'd my self to the King 〈◊〉〈◊〉 these or the like words:

That tho'

my Innocence hindred me from fearing the punishment of a Traytor, yet I could not but deem my self extreamly unhap∣py in being accused of Treason, when I had from time to time (as his Majesty well knew) given all the marks imagina∣ble of my Loyalty. I ask'd also the Noble∣man's pardon for saying any thing that offended him or the Board, & so retir'd.

Many other things I had to urge to the Council; as their great dis-esteem and slight (hardly three days before) of Dangerfield's Testimony against Colo∣nel Mansel; his not laying to my charge any Treason; for he accused me not po∣sitively of knowing what the Lords in the Tower had proposed to him; and that as for Mr. Oates's Charge, I had been imprison'd for it, and was then actually upon Bail. I say, I had many things to urge of this nature, which I de∣ferr'd till I should be again called in; for I thought I was to be clear'd or sentenc'd vivâ voce by the Board. But after an hours waiting, Sir Tho. Doleman told me, the Lords were risen, and that there was an Order drawing to commit me for High-Trea∣son

to the Tower, where I was next day carried by Serjeant Beck, it being then near 10 at night.

These are the Particulars of my 2d. Imprisonment, and in them I have been the more fuse, to shew how far from any favour the Lords of the Privy-Coun∣cil still were, for tho' in my Case there appear'd matter enough to justifie some Indulgence, had they pleased, yet they deem'd it fitter for me to undergo the trouble of a new Confinement, (not∣withstanding the Objections against the Witnesses,) than that there should be (by their means,) the least possibility for an accused Papist to escape. But for all this constant practice of theirs, Mr. Oates has not been wanting upon several oc∣casions, in publickly taxing the Board of Partiality on our behalf.

As soon as I was brought to the Tower, Mr. Cheek (the present Lieutenant) made me a close Prisoner, whereby not only my Friends, but my very Servants, except a Valet de Chambre, were deny'd access. On the Wednesday-night following, (viz. Nov. 5.) the Gentleman-Jaylor came to

me for the Lieutenants Fee; I answer'd, That if the Fee were precarious, and at the Prisoner's Will, (as I had often heard it was) the asking of it now, I thought, was ill timed, for one Courtesie deserv'd another; and then I desir'd to know the reason of this severe Confinement, espe∣cially when the Warrant, shown me by the Serjeant at Arms, mentioned only Safe-custody, which is the Liberty of the Tower in other terms. He answer'd, That the Lieutenant did still upon the receit of a Prisoner, attend the King, to know his Commands, and accordingly he af∣terwards acted. I reply'd, Sir John Ro∣binson follow'd his written Orders; and then further told him, that as for the Money required of me, I was so far at all times from denying an Officer his re∣puted Fee, that I deem'd it as much his due as his Rents, seeing otherwise an Imployment would not be such a favour as 'twas design'd; so that to save him trouble for the future, he was to know, that I had already paid it. To whom, answer'd he? To Sir John Robinson, (reply'd I,) the former Lieutenant; for since there can be but one Fee due for

any one Imprisonment, and since being out only upon Bail, I had been still the King's Prisoner as much as ever, there∣fore having paid it to Sir John, Mr. Cheek could no more demand any thing of me, than of any other Lord in the Tower. But (continu'd I,) I shall sud∣denly inform both his Majesty and Council of Mr. Lieutenant's Arbitrary usage, contrary to their express Orders, and if they approv'd it, I should do the like also; In the mean time pray tell him of it, and bring me the Copy of my Com∣mitment at your next coming. Mr. Lieutenant (says he) is not now at home; but as he was going away, I told him, that lest any mistake should happen in the Message, (for now adays I saw mistakes in every thing,) I would write it down, as I presently did, and so read it to him in my man's hearing. Next day, I prepared a Petition for the King and Council, and at night I asked him again for my said Commitment. He an∣swer'd, That the Clerk should have brought it, had he not been abroad all day, and therefore he begg'd my pardon till the morning; but failing of it then

also, I sent my Man towards noon to demand it of the Lieutenant himself, who said, That his Clerk should forth∣with bring it, which he never did till the night following, which was Satur∣day; and then I sent him back with it, telling him, I had been put off too long, and that my Sollicitor should call, when he lack'd it.

Some were of opinion that Mr. Cheek did thus confine me till Saturday, (which was the 7th. day) and delay the sending a Copy of my Commitment, on purpose that I should lose the advantage of the Ha∣beas Corpus Act, which obliges the Kings Bench either to Bail or a Trial, if it be prayed in the first week of the Term. But whatever the Lieutenant's motives were, he brought himself within the Penalty of the said Act; for it expresly declares, That the non-delivery of the Copy of a Commitment within six hours demand, is the forfeiture of one hundred pounds to the Prisoner; and the second Conviction, the loss of his very Office or Employment.

Tho' the Clerk (as I said) brought me not the Commitment till Saturday-night, yet Mr. Cheek came to see me in the

morning, and then acquainted me, that in answer to my Petition, the Liberty of the Tower was granted by the Board; that he hoped I would not take that little Confinement unkindly at his hands, it being his duty, he thought, to wait up∣on the King after his receiving of a Pri∣soner, to know fully his pleasure; and that if he had erred in the not under∣standing the strict words of an Order, his being so short a time in the place might very reasonably plead his excuse; nor was it (he assur'd me) his temper to be uneasie or troublesome to any under his Charge; for he could live (he said) without the least Dispute his whole life∣time with men of Honour and Worth, and so named my Lord Arundel, my Lord Bellasis, and Sir Henry Titchborn, &c. I answer'd, That kind usage was at least the interpreting Orders in the best sence, and not in the worst; that the Order was so plain, that it was impossible (one would have thought) to mistake it, but that my greatest trouble was, that Mr. Cheek (whom I had long known and been acquainted with) should deal more severely with me, than a Stranger; yet

since I was his Prisoner, he should find as much Complyance and Civility from me as from any man in the Tower. To this he made a courteous Reply, and then asked me about the Cause of my pre∣sent Restraint, which when I had told him, with all the Particulars already mention'd, he took his leave; nor am I certain whether he said any thing about his Fee; but if he did, I shewed him again the Reasons of my disputing it, as I had done before by his Officer.

Having now the satisfaction of seeing my fellow-Prisoners and other Friends, I thought fit to use the means (which the Law provided) for my Liberty, and therefore towards the end of the Term, (for having not the advantage of the be∣ginning, all parts of it were alike) I moved for my Habeas Corpus, and so was brought on Friday the 21st. to the King's-Bench. The Judges asked me, What I desired? My Councel answer'd, To be Bail'd. Whereupon Mr. Attorney Levins was sent for, who said, That I was commit∣ted for High-Treason, (as appear'd by my Commitment) and that I now had another

Witness against me. I answer'd, That the new one had not laid Treason to my Charge, and that I hoped since the Court was so favourable formerly as to bail me upon a Commitment of High-Trea∣son in the highest nature, they would do the like now, when it specifi'd High-Treason only. The Judges reply'd, That it was not (they thought) within their power. Then my Lords (said I) I de∣mand my Tryal. Do you hear Mr. At∣torney (answer'd the Ch. Justice) what my Lord says, He demands his Tryal? This seem'd to surprize a great many, for it was the first time that any body had called for Tryal, since the stirs about the Plot; and Mr. Sanders hearing my Request, moved, that it might be recor∣ded. Whereupon Sir Francis Pemberton (out of Charity I suppose to an old Ac∣quaintance and Client) reply'd, Do you know Mr. Sanders what you ask? would you have a Tryal recorded about Treason, when there are two Witnesses ready to prove it? My Lords, (said I to the Court) my coming hither was principally for Bail, which I humbly conceive your Lordships may legally grant; Therefore

be pleas'd to order me a Rule, that I may again wait upon you, when you have consider'd my Case more through∣ly than your present great business will perchance give you leave. This I ob∣tain'd at last, and so returned to the Tower; but before Wednesday follow∣ing, (which was the day I intended to appear again) there happen'd this Ac∣cident, which put me out of all hopes of success in my business.

Mr. Oats, since his great∣ness, had two men call'd Lane and Osborn, who inform'd one Knox (a late Servant to the Earl of Danby) that their Master had made a Sodomitical At∣tempt on the Body of the said Lane; whereupon Knox encouraged them to bring the Affair upon the Stage, as they did; But within a while after they were Indicted, for maliciously conspiring to blast the Kings Fvidence, &c. And their Trial happened on Tuesday the 25^th. of No∣vember, being the day that just preceded my aforesaid intended second Appea∣rance. These not being found compe∣tent to cope with Mr. Oats, to make their Conspiracy plain and indisputable, had al∣so

Mr. Dangerfield, as a Witness against them. His Evidence brought up the Rear, and lay heaviest on Catholicks, for he made them the main Contrivers of this business, tho' before the storm fell on my Lord Danby, as may be seen in the Printed Trial. Dangerfield having thus a large Field to sport in, and know∣ing that I was again shortly to appear in that very Court about Bail, deposed, That the Affidavits or Charge against Oats (which Lane had sworn to) had been sent from the Tower to one Mr. Nevil (a Protestant) and to me, to enlarge upon as we should think fit. This being pre∣sently all about the Town, several of my Friends advised me not to stir any more that Term; but I told them I must beg their Pardon; for tho' the Judges might perchance be now loss favourable and indulgent; yet I would never counte∣nance a false Accusation so far as to de∣sist for it, from doing what I had pub∣lickly declared before. I went therefore to the Hall as I de∣sign'd; but finding it order'd, (by reason of a long Cause, or some business of that nature) That no person who came by their

Habeas Corpus, should be that day heard, I thought it not amiss to have my Coun∣cel acquaint the Court, that I had been there, and then to demand a new Rule for Friday; which being granted, I appeared accordingly, and found the Judges (as I ex∣pected) severer than usually; for Mr. Justice Dolben told me even at first to this purpose; That I might have spared my pains, they having heard (since my last being there) strange things of me. And my Lord Ch. Justice said, That I had (it seems) made so ill use of my late Liberty, and of the favour of the Court, that it would be the worse, he believed, for others. After I had heard this and more to the same effect, I told their Lordships, that none could hinder the tongue of an ill man; that I would answer when they pleas'd to any Charge; and that in the mean time, I hop'd, they would not de∣ny me my Liberty upon Bail, seeing my Commitment was for High-Treason only. At this some of the standers by repeated the words for High-Treason only, with no little Emphasis and wonder. My Lords, (said I) 'tis not that I think High-Trea∣son

a slight and insufficient accusation, but I use the word Only, as some induce∣ment to you to grant my Request, by re∣membring you, as I did t'other day, that I was bail'd, when my Commitment mention'd High-Treason in the highest na∣ture; and therefore I cannot doubt of less favour now, that it runs in a more soft and gentle phrase. Besides (conti∣nu'd I) give me leave to acquaint your Lordships, that my Councel are of opinion, that I have the Law on my side. It is strange your Councel should tell you so, reply'd the Ch. Justice. My Lord (says Mr. Sanders to me) your Sollicitor has I suppose wrongly inform'd you; and then Mr. Scroggs turning to me, desir'd I would name the Councel. This Answer of theirs a little surprized me; for I thought a Lawyer that takes a Fee, ad∣vises me to proceed as I propose, if he forbids it not, according to the common Axiom, Qui non vetat, cum potest, jubet. I speak not this with any reflexion on these Gentlemen, but to show how high the storm was, when Lawyers themselves fear'd to countenance their Clients, if their Case seem'd in the least dubious or

disgustful. Desiring then no Disputes with my own Councel, I addrest my self to the Judges, and after they had again told me, that my Request could not be granted, I said, I was sorry that I had been forced thus to trouble them; that I knew they would pardon it, since that excellent Court was the only place, which men in my present condition were to fly to; that I should always acknowledge with a great sense, the favours I had of∣ten received of their Lordships; that I did acquiesce in their Judgment, and could now with satisfaction go back to prison, having perform'd the duty which I thought my self obliged to; that I hop'd no misfortune of mine would be a prejudice to others; And lastly, I en∣treated them to remember, that I did again and again demand Tryal; for be∣ing wholly innocent, I would not wave it, were there as many such Witnesses against me as could stand between West∣minster and the Tower. Their Lordships received what I said very civilly, ad∣ding again, that they were sorry they could not relieve me, and so I presently return'd.

Some few nights after the Gentleman-Gaoler came again to me in Mr. Lieutenant's Name for his Fee. I answer'd, I thought I had already satisfi'd him in that point; but if it were otherwise, I could not help it, for I had no more to say. He repli'd to this effect, That the Lieutenant would use means, he believ'd, to have it, and locking the doors, departed. Next morning I was hardly drest, when one of my men came and told me, that the Lieutenant passing by had called for the Warder, who pre∣sently returned with this Order; That for the future he was to be in the Room when∣ever I gave or received Visits: I bade him do his duty, for it was equal to me who heard my discourse; but I would ne∣vertheless shortly know by what Autho∣rity Mr. Cheek dealt thus with me. Therefore as soon as the Council sate, I sent a Petition to the King and Lords, in which I shewed them what Mr. Cheek had done; and withal, that it was con∣trary not only to the practice of the Tower, but to their own late positive Commands; that his pretence for his ar∣bitrary proceeding was, because I refu∣sed

him those Fees, which I had already paid, and so I stated my Case. I added further, That supposing I had been his Debtor, yet I knew that that illustrious Board would never suffer them who had the charge of Prisoners, to be their own Judges and Carvers. This was publickly read, but the King thought fit not to order any thing thereupon; for there happen'd also at the same time other Pe∣titions about Fees; and his Majesty (as I was informed) had hints before-hand, how prejudicial it would be to his Offi∣cers, if he countenanc'd those that refu∣sed the paying of them. But tho' he or∣der'd nothing (as I said) in this Affair, yet, I believe, the Lieutenant was ad∣vis'd to be a little careful of what he did; for he seemed afterwards not so ri∣gorous as in the beginning; and truly (for my own part) I thought, by this his more civil carriage, he was convinc'd that I had Right on my side, and con∣sequently that he would not pursue the business any further.

Within a while after, Hilary Term began, and asking then the opinion of some Friends, what I had best

do; they told me, That I had sufficient∣ly acquainted the Court with my desire of Tryal; that doubtless the King's Council had already resolved whom to try and whom to bail; that it would perchance disgust them to be further pressed by me, because it might shock and interfere with their present measures; that my best way was therefore to expect their plea∣sure; and that certainly I should in course be either suddenly brought to Bar, or bail'd. I was no way averse to this Advice, knowing that if the worst came to the worst, the following Term (being that of Easter) would put me in statu quo; and truly I found no help till then. Therefore resolving to be no lon∣ger behind-hand, I order'd my Councel to demand Tryal on the very first day of the said Term, and to have it recorded also. This was done accordingly, and on the last of it, (my Bill being found by the Grand-Jury) I was to be try'd or set at liberty in Trinity Term, which beginning within less than three weeks after, I thought it not worth the troubling of my self or friends, to take the advantage of the late Act as to Bail in the mean while.

When this Term came, I was forc'd to a very unusual trouble and charge, viz. to move for my Arraignment, and to pay for the Habeas Corpus, &c. which brought me down. Now the reason why I thus pres∣sed on, was, because if the day of my Tryal were not appointed, (which I knew could not, or would not be till I were arraign'd) several of my Witnesses might fail me in coming to Town; and then if Mr. Attorney (at the latter end of the said Term) should tell me he was ready, I must either enter these Lists un∣arm'd, or take it as a mighty favour to lye in Prison till Michaelmas. So much then for the Preliminaries; and now for my Arraignment and Tryal.

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

the 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

save 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,

the 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

attested, 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

Favours 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)

was 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

the 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,

(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

foreign, 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,

(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

desir'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

Witness, 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

Case; 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,

Mr. 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

for 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,

That 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

he 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

as 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

merry 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

Peace, 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

has 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

return'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.

Oates 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

at 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

what 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

so 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

but 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

he 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

Inference; 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

the 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

him 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,

as 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

of 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

happen'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

Court, 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;

and 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

repli'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

every 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

Defence 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

I 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

with 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,

especially 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,

and 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.

My Defence.

THat of any Crime, I ne∣ver thought Treason would be laid to my charge, who still ran in a contrary career, as not a few about the King himself well knew. That I was not a little satisfi'd, (since 'twas my Fate to be accus'd) that my two Adversaries, (as had been shown) were persons well known to his Majesty and his Illustrious Council; the one in old Mr. Parker's Case, to say no more of it; and the other a Forger of Treasonable

Letters to entrap the Innocent, as Dan∣gerfield's Commitment (by the Board) to Newgate, upon Col. Mansel's account, tells the World in express terms. That (in the 1st. place) as for Mr. Oates, who pretends to have been such a Negotiator in Spain and Flanders, where he perus'd and read my Letters, (and who makes himself al∣so so necessary an Instrument, and Ma∣nager here in England, that few, if any, conceal'd their Treason from him) it has been prov'd by his very School-fellows, that he was but an ordinary Scholar, both at Valladolid and St. Omers, going all that while to School as the rest did, and continuing so to the day of his depar∣ture. That at his return to London, (tho' it were in the heat of the Plot, and prin∣cipal time of the Transactions in questi∣on) he is found to have been in the most lamentable and contemptible con∣dition that could be imagin'd; as tran∣scribing of common Papers towards a Livelihood; as getting Mr. Fenwick out of charity to pay sometimes for his poor Lodging; as begging Alms at the Savoy in these his great and visible necessities;

and as being so little esteeem'd and valu'd by the Jesuits, that they thought a Butler's place a sufficient preferment for him; Nay the Witnesses were very many, that could prove this wretched Poverty of his, and he himself has confess'd it; a thing very strange, supposing him only a Confede∣rate with ordinary men in an ordinary matter; but yet more wonderful, had he had (as he tells us) the Lives and Fortunes of the chiefest Catholicks thus hanging on his Lips. That as for Mr. Berry, if he were ever distemper'd in his Brain, it was not of late, I mean, since the Bishop gave him the Cure of Souls, and leave to preach, as he presently did upon his Recantation, (which was not long after the Discovery of the Plot) and yet then, he the said Mr. Berry acquainted the King and his prime Ministers, with most of the present Particulars; After which Mr. Oates was pleas'd to be very kind to him both in money and fair words. That it was very improbable, that at the first dash, and at the bare Recommendation of a Jesuit, I should, without any necessity, communicate the highest Treason to a Stranger, who knew

not me, and with whom I never had any acquaintance, either before or after, as he himself acknowledg'd; and this also to one of no Garb, of no seeming extra∣ordinary parts, and so mean also in his rank and condition, that I sent him (as he himself says) to the general Post-house in London with a Letter: Nor is this Letter pretended to have Treason in it; for he tells us, that he only saw its Su∣perscription; and yet had it been of that nature, any Servant, any Footman of mine, or even any known Porter, might have been as well trusted with it as a fel∣low-Plotter, the main danger being at the Post-house, where Letters lye at six and sevens, and are also often open'd in suspitious times by Authority. That it was hardly credible for him not to re∣member (as he now swears) that he said he had seen my Divorce, since he pub∣lickly accus'd me of it four times; to wit, before the Commons; before the Justices of Westminster, who by an Or∣der of that House first committed me; be∣fore the Judges of this Court, and before the King in Councel, even to my very face. That as to his coming over with

Mr. Hildesley in April 78. Mr. Hildesley not only denies it, but Mr. Osborn ac∣knowledges, that he told him so in that very month, even when there could be no possible end or design in Hildesley to lye; and Mr. Osborn is so far from a ca∣pacity of being suborn'd, that there are even Protestant Witnesses of quality, to vouch his Evidence That it was very unlikely, that I should inveigh in a Let∣ter of mine against the Seculars, since most of the Catholicks in Town, and seve∣ral Protestants in Court will testifie, that none ever belong'd to me but a Secular; nor was the whole Body of the Clergie otherwise than very kind to me both at home and abroad. That I call God to witness, that instead of Mr. Langworth's recommending of Mr. Oates to me, or my speaking Treason in his hearing, I ne∣ver heard his Name mention'd, (that I know of) till after the Discovery of the Plot; nor ever saw his face, till I met him in this Court, even after my first Im∣prisonment. That I hope my word (ha∣ving always liv'd with repute among my Acquaintance) shall be sooner taken, than a man's who has already (as ap∣pears

by the Accusation of young Parker) been censur'd and disbeliev'd even by Juries themselves, where he was their Minister; and this upon account of evil practices, as I have shown, and as Mr. Parker wou'd have fully prov'd; nor should I have fail'd of convicting him long ago of Perjury, had I not been hin∣der'd in it as aforesaid. That Mr. Oates's Falshood, and consequently my Acquit∣tal, reflects no more on the Votes of the two precedent Parliaments concerning the Plot, than it does on the Integrity of the Grand Jury, which found the pre∣sent Bill; for as they could lawfully (upon Oath made) declare it Billa ve∣ra, and therefore that the Party accus'd ought to be try'd for his life, so the Par∣liament upon like Information might justly put the People upon their guard, and securing the suspected, call whom they pleas'd to the Bar of Justice, which was the intent and scope of that Vote. Neither could a Discovery or Detection of his ill Practices now, any ways ar∣raign the Courts, that sentenc'd Mr. Cole∣man and the rest, since Courts can do no more than hear, and afterwards judge,

as verily they think and believe. That Mr. Oates has most evidently contra∣dicted himself even in this Tryal, in say∣ing, (a) That he saw Letters of mine in Spain; for upon another question, the (b) first he had seen, were (as near as he can remember) at St. Omers; and yet he went not thither, according to his own confession, in (c) several weeks after his Return from Spain. Besides, the words, As near as I can re∣member, confirm further the Abuse, showing us the whole Mystery, and how the false-Step happen'd; viz. That the question about the St. Omer Letters be∣ing casual, and he having forgotten the Account given of his Spanish Intrigues, the Affirmation Yes, occurr'd next to his thoughts, adding to it only his usual phrase, As near as I can remember; for 'tis seldom or never that he is positive in any Answer, especially if he be strictly

press'd and put to it. In the next place, (after that notorious Shuffle, of his not remembring, that he said he had seen my Divorce) he mends the business with swearing, that part of our Discourse at (d) Wild-house, was about that matter; as also, that he heard my Lord Castlemain say there, That he had been at great charge to carry on the business of the Divorce; and yet twice before he positively affirms, That he (e) knew me not at Wild-house. Again, To evade (if he could) Mr. Armstrong's material Evidence of his (the said Oates's) being but an ordi∣nary Scholar at Valladolid; for he went to the same School with him and the rest, and lived as the others did, without distincti∣on; nay Mr. Berry also, (by Mr. Oates's own Letters) witness'd the same thing: I say, to avoid this, he would have it, That, by the desires, forsooth, of the Fa∣thers, he went only twice or thrice to show them the way to School; which is so wild an Invention, that it equals any contra∣diction whatsoever; for how can a man imagine, that the Fathers should send a Stranger, and one also that came to treat

and consult about Affairs of State, and things of the highest consequence, to show young Scholars the Logick School, when as the meanest wretch in the House could do it as well, and better; nor was the employment fit for any other. And as one stumble still occasions more, so this puts Mr. Oates upon averring, that He taught the Youths their Philosophical Dictates: a most excellent and apposite Office for an Extraordinary Envoy, and more especially when every body that knows him, knows what a Philosopher and Clerk he is.

To conclude then with him; That I do again and again recommend to my Jury's Consideration his Procedure a∣gainst the Parkers, as a thing which History can never pass by, and which must most evidently show them what a man he is; for if a Witness has already in a criminal Charge been found by a Ju∣ry of his Neighbours and Acquaintance to be of a malicious humour, to alledge Particulars that several of known Inte∣grity have disprov'd, and consequently that he was not to be believ'd, what Jury that is convinc'd of the said Procedure,

can afterwards depend on his bare Testi∣mony in an Accusation of the like na∣ture, especially when it is as apparent as the day, how far his Interest as well as Malice is thereby gratify'd.

Now for Dangerfield he is so noto∣rious and scandalous, that there is no man perchance in England against whom there have been more recorded Villanies; produced; so that if the Law stops not his mouth, yet his many nefarious crimes have taken all Credit from him; That (among his great and sundry Transgressions) he has already been con∣victed and punish'd for falsly accusing Col. Mansel of Treason, and if he has been once thus faulty, why not again, especially since there is nothing but his own prostituted word to make good his Accusation? That I had no manner of ac∣quaintance with him, but as he was sent on Ordinary Errands by Mrs. Cellier, viz. for the weekly Allowance to the poor Prisoners, for the boarding of my Witnesses, who lay at her House, and the like. That finding that he went to the Earl of Powis and others at the Tower in my name, about Printing the Jesuits

Speeches, I fell out with Mrs. Cellier, and told her, That if ever he came again to my House I would have him kickt; That this great displeasure of mine was not only confess'd by Dangerfield, when I was examin'd by the King and Councel, but is proved now both by Mrs. Cellier and Mr. Duddel, whom He (the said Dangerfield) complain'd of it to; That 'tis incredible that I should presently talk Treason, to one whom I had so severely treated; and 'tis yet more incredible, that I should be thus open to him, and then terrifie him with my words and ge∣stures so, as to make him (as he swears) run down Stairs, and to be gone for good and all. That it is a falshood, and con∣tradiction too, to say, He was taken out of Newgate by the Lords in the Tower to kill the King, since his first admittance to them was long after, and this also by a trick, viz. a pretended message in my name, which made me so angry with him that I threatned to have him kickt (as aforesaid) if ever he came near me more. Besides how ridiculous it is, to say, that the Lords (were they the greatest Traytors in the World) would propose to

an unknown Fellow such a Design, who was sure of a better reward by discove∣ring it, than they could give for doing it. That it is a prodigious and unpa∣rallel'd Impudence, and of a sad conse∣quence also, to have a Witness thus mince and inlarge his Evidence at pleasure; for at the Councel when I was Commit∣ted, he only charg'd me with being angry with him for not doing what the Lords proposed, but never said, I express'd what the Proposal was; whereas he ac∣cuses me at present of absolutely confes∣sing it to be the killing of his Majesty, tho it be non-sence and incredible, as has been shown; and that his former Accusation was only thus, I appeal not only to his Narrative, but to the King himself and all the Lords that attended him there in Coun∣cel. That 'tis evident that Dangerfield calls for Counter-Witnesses only to con∣found and to perplex (if he could) the buisiness, for Woodman was sent (we see) by Mrs. Cellier or her Daughter; and the 3 l. brought by him was not for Dan∣gerfield, but the Prisoners. Turner also knows not the time when he saw him at

my House; for 'tis sometimes in June, sometimes in July; which is nothing to August, the month when Dangerfield swear's to have heard this Treason. Nei∣ther does Turner say, he saw me and Dangerfield together, but that he was ex∣pecting below; and who can tell had this been as late as July but he might come to speak with one of my Foot-boys? That it is false he ever carri'd Letters from me to the Countess of Powis, and she her self denies it, a Lady even more eminent for her known Probity and Virtue, than for her great Quality and Birth.

That lastly, it is a most apparent Ʋn∣truth, that I did teach the St. Omer Youths, what they were to witness; for Pro∣testants in Court can testifie, that being sent to St. Omers about Christmas 78. to know whether Mr. Oates had been there all April and May, as was asserted in Mr. Ireland's Tryal, they found it confirm'd by the whole Colledge, and saw fourteen of the chief Scholars (among which was Gifford) make Oath before the City Magistrates, That the said Oates never lay out of the Colledge from the 10th of Dec. 77. to the 23 of June following,

but one night at Watten; for that he the said Oates sitting at a distinct Table in the Refectory, and reading every Sunday and Holiday all April, May, and part of June in the Sodality, could not possibly be absent, (as he pretended) without every bodies ta∣king notice of it. Nor can this Testimony be invented by me to serve a present Turn, since the then Certificate of the Premisses (under the very Seal of that City) is not only here in Court, but prin∣ted in the Compendium before ever I was accus'd by Dangerfield; Nay, which is more, in the Letter from Mons, a Pam∣phlet of a much longer standing (as da∣ted Febr. 19.78. old stile) and publick several weeks here in Town, before ever the said Dangerfield was so much as ta∣ken out of Prison; for that happen'd not till April, as appears by his own Narrative. All which evi∣dently proves, that had those Youths (who were most of them also Lads of the upper Forms) been really taught what they had affirm'd at the Old Baily, they had their Lesson beyond Sea, and not from me.

This was the effect of my De∣fence, and truly tho' I had pro∣vided Witnesses to clear my self in every small particular, yet I found such trou∣ble, at least towards the latter end of the Tryal, (when any pretence of tedi∣ousness, or impertinence could be obje∣cted) that I thought it also fit to omit the calling of them, notwithstanding they were legally summon'd, and ready in the Hall or Court, as my Sollicitors inform'd me. For first, I had subpoena'd Sir John Nicholas, who was present at my Exa∣mination before the King and Council, and could have consequently confirm'd (had it been needful) Mrs. Celliers and Mr. Duddels Testimony; for Danger∣field had acknowledg'd at the Board, That I had forbidden him my House at his going to the Tower in my name, as I formerly mention'd; and Sir John could not but know also, that Oates had sworn there, the seeing of my Divorce, &c. Secondly, Mr. Cellier was cited; for he could testifie, that being by when I chid his Wife, I had forbidden her from ever sending Dangerfield to me more. 3ly. Mr. Gadbury, who could witness, that he

never had any discourse with Danger∣field about me, and thereby I should have shewn how falsly he had averr'd in his Narrative, That the said Mr. Gadbury was angry with him because he had displeased (by his ti∣midity) the Lords in the Tower, and espe∣cially me, who had design'd to advance him, and help to make his Fortune. 4ly. I had sent to Mr. Nevil (whom Danger∣field calls my true Second, and one from whom I had Papers) to attest, That I never receiv'd Paper from him in his life, nor sent him any; as also that I ne∣ver consulted with him about, or spoke to him of any Affidavits, nor of any other matters that related to Lane or Knox, tho' Dangerfield had accus'd me of it in their Tryal. 5ly. Justice Foster to prove (as I heard he had done before the Councel) a Forgery committed by Dangerfield, since his very Pardon and his being one of the Kings Witnesses; for he had it seems shewn one Hill an Affidavit to swear to, and then present∣ly enterlining it with some matters con∣cerning the Duke, brought the said Hill to take his Oath before this Magistrate,

who like a worthy man, reading first the Paper to him, discover'd the Villany. I intended also to have had Mr. Hill him∣self in Court, had he not then been in Execution in the Fleet.

The Verdict being thus given in, as I have said, I desir'd a Re∣lation of mine to go to the Gentlemen of the Jury, and to acquaint them from me, that being extremely sensible how tired they must needs be, I should take it as a very particular Obligation, if they would let him attend them to some Ta∣vern, till I could come my self and wait upon them. This he did, and in the mean while I staid at the Bar, expecting my Discharge; which going to be pro∣nounc'd, Mr. Cheek rose up and told the Court, that I had not yet paid my Fees: Whereupon the Judges saying, that was a necessary Duty, I answer'd, I had al∣ready perform'd it. Mr. Cheek or his Counsel reply'd, That what I had paid to Sir John Robinson, was nothing to him. My Lords, (said I) No Prisoner is to pay but once; nor have I been any more than once so; for I was only upon Bail, and therefore never discharg'd since

my first going to the Tower. The Judges upon this, stopt a little, and after a mo∣ments speaking together, Mr. Justice Dolben told me, that I was twice commit∣ted, and for that reason I must pay my Fee again. Pray my Lord, said I, let my Counsel argue the Point, and besides, what is the Fee I must pay, if it be due? We know not that, (reply'd Mr. Justice Dolben) but this we must tell you, you cannot be discharg'd till your Fees are paid; and so they rose, leaving Mr. Lieu∣tenant and me in dispute; for he told me, that he would carry me to the Tower again, unless he were satisfy'd: and my answer was, Let him do it at his peril. In short, after some words on both sides, he commanded the Gentleman-Jayler, and the Warders that attended, to bring me back on pain of their Suspension; and then going out of the Court, I went from the Bar directly to the Fleece, where I understood my Jury were.

When I came up, I saluted them, and then spoke to this effect: That tho' I were not to thank them for their Justice, which notwithstanding I should never forget, yet I was to acknowledge the

present favonr which brought me thus acquainted with so many extraordinary Persons, whom I had never so much as once seen before. Their return was like themselves, and as obliging as could be imagin'd; but nothing pleas'd me more, than that they seem'd unanimously to own me not only a free man, but an ho∣nest man also. I desir'd Mr. Johnson too in particular, to believe that it was not out of any Dislike or ill Opinion of him, that I made some little hesitation and stop at his being called to the Book; for that I had (I assured him) as great a value for him, as any of his Friends and Servants could have. He answer'd, that he was exceedingly satisfy'd with my carriage, and was consident also that the two other Gentlemen (whom I had accidentally pass'd by) were of the same sentiment. Not long after, and when we had all seated our selves, a Gentleman of quali∣ty (who was a friend both to Mr. Cheek and me) came to us, and desiring some few words aside, he told me, that to a void noise, this difference must be ac∣commodated. I answer'd him, That the time of doing it was past, it being

already as publick as it could be; and therefore I should now see what the Law said in the Case, for if any thing were due to him, he should have it to the utmost Farthing, if not, his bringing me to the Tower (a place I had no aversion to for a night, and especially when it was to try an Experiment) might be a greater inconvenience to him than he was aware of. When he had done, I told the Company, since they were the prime men of the County, (and that therefore most business came before them) I should again, I believ'd, trou∣ble them with some Concerns of mine; and then gave an Account of the parti∣culars of this Affair. They answer'd, that certainly the Lieutenant was ill advis'd, for that I had been (as they yet con∣ceiv'd) but once a Prisoner, so that there could be but one Fee due.

In short, after an agreeable Conversa∣tion of several hours with these worthy Patriots, (for their Discourse still tended to the interest and advantage of Eng∣land) we parted, and then I sent for the Gentleman-Jaylor and the Warders, tel∣ling them that I would go to the Tower,

if they durst carry me. They answer'd, that they hop'd I would not be offended with them, seeing what they did was in Obedience to their Superior's commands. I reply'd, That every Command of a Su∣perior was not to be obey'd; and then calling for my Coach, and taking the Gentleman-Jaylor with me (the rest following in others) they brought me to my Lodging, but put no Sentinel in the Night-time at the door as formerly. In the morning I sent to Mr. Cheek to know if my present Imprison∣ment were by his Orders. He answe∣ring Yes, I resolv'd to stay all that day, and by accident I did so the next also; for he was gone, before I was up, to Windsor, and return'd not till it was very late.

The day following (being Saturday the 26 of June) I went after Dinner to his House, and told him, I was come to bid him Adieu, not doubting also but he would excuse me, if out of Curiosity I askt why he had thus detain'd me a Pri∣soner? He answer'd, because I had not paid him my Fees, and that the Judges themselves had (as I saw) declar'd they

could not discharge me till this were done. I reply'd, that he well knew (I suppos'd) the reason of my Refusal; to wit, because I had paid them before; that the Judges thought not fit to hear my Councel argue the matter, nor to tell me what these Fees were; that if his procee∣dure were justifiable, it was well; and that (as for my own part) having done what I thought very convenient, I had no more to say, but to ask, what he de∣manded of me? He answer'd, that being a Peer there was 100 l. due to him; 10 l. to the Gentleman Porter, and 5 l. to the Gentleman Jaylor. I said, that by my Tryal he found I was no Peer in Law; and that, tho' few ever refus'd to be kind to the Gentleman Jaylor, yet a Fee for him I believ'd was never exacted be∣fore. He reply'd, that I was a Peer; that my Lord Aston had paid 100 l. and that what he demanded for the Gentleman Jaylor was his due; I told him that I was so far from disputing his demands, that if he requir'd yet more, it should be paid him, and that I would take my own time to examine the Legality. Then desiring him to order some body (as he

did) to receive those sums of my Steward at my Lodging, we parted; and so I went to take my leave of the Lords, whilst the money was telling. Within some little time after (when I thought all was done) my Secretary came to me, and said that Mr. Cheek refus'd to sign an Acquittance, which had caus'd my Steward to take back the money: I de∣sir'd him to go to my Councel forthwith, and know what should be further done; who sent me word, that tho' every body look'd upon one as a strange Man that refus'd so reasonable a thing as an Ac∣quittance, yet the Law obliged none to it, therefore Witnesses would be as good as his hand. Hearing this, I sent him back to Mr. Cheek to tell him, he might have the money, since my Councel had in∣form'd me, that Witnesses were as much to my purpose, as what was before re∣quir'd. He answer'd, that so he had his dues, I might have as many as I pleas'd; upon which the money was paid him, and presently I took Coach and went home. This is the account of what pass'd between the Lieutenant and me; and since it was a very publick business, and

one also that may again come upon the Stage, I thought it not amiss to inform the Reader with all the particulars that relate to it.

Having thus far put an end to the troubles which Oates and Dangerfield created me, I continu'd a while in Lon∣don about my private Affairs, and then went down to my Brother's near Wind∣sor; where I determin'd to stay till Christmass, or thereabouts, as the quietest and best time in Winter to pass the Seas. But the Parliament (assembling in October) sat not long, be∣fore I heard of Turbervile's odd Charge against me, specified soon after to this effect, in his printed Narratives: That he and several Priests were at Consults with me at Powis Castle; That being with my Lord Powis in Verestreet, he heard me (about May 78.) say Mass; and That he had also been at Confession with me. Con∣sidering therefore, that the Term was al∣ready begun; that Papist it self was no good name; that Priest was a worse; and that should I chance to be confin'd

on this Information, I must necessarily continue so, to the end of Hilary Term, I thought it best to begin my intended Journey, and so with what convenient haste I could, I came over.

This then is Mr. Turber∣vile's Accusation, but how weak and idle, is evident by the very first part of it; to wit, his Allegation, That I was at Con∣sults with him at Powis Castle, and yet I have not been so much as within those Walls, since the great Plague in 65. which is seven years before his admit∣tance into that Family; for he came not there till 72. even according to his second Oath and Recol∣lection, which he call'd 73. in the first Depositions. Now that what I affirm is true, appears by my Lord Powis's Daughter the Lady Mary, (on whom he waited) who can depose, that she neither saw me, nor believes me to have been there, since the time afore∣said. In the like manner by my Lady Frances, and my Lady Anne, her two Sisters; by Sir John Gifford, who liv'd there a great while, and by all my Lords

Gentlemen, and the principal Officers of his Family; by the Steward of my own Estate in that County, who dwells near, and very often comes there; and lastly, by my Friends and Relations at London, that still knew from time to time where I was. I will also appeal to all the Gen∣tlemen of Montgomeryshire, (most of whom I have the happiness to be known to, and to some nearly related) whether ever they saw me in those parts since the before-mentioned year. I will also ap∣peal to the Magistrates, and chief Inha∣bitants of Pool, a place not only in, and about which my Estate lies, and my Te∣nants live, but so near the Castle, that it joyns in a manner to the Park Pale; so that a Stranger, that comes to my Lord's, is as much seen and talk'd of by them, as if he lodg'd in the Town it self. Nor can any body (tho' he considers as little as Mr. Turbervile) pretend that I was there privately intriguing; for no mad man would draw a certain suspicion on him∣self by a discovery, (which must neces∣sarily happen in a vast Family, and in a Country where I was well known) when my publick appearing could raise

in no Creature the least jealousie, having Concerns there to look after, and a Kins∣man and Friend to visit. Besides, I can positively prove by several of Note and Credit, where I was any particular week these many years; for my being almost always out of England makes it easie, and beyond the reach of Dispute or Difference.

'Tis true, that coming to Paris about Christmass 71. and receiving there Let∣ters from a great Nobleman, about a bu∣siness, (publick enough afterwards) I stept over to London to wait upon him; but as I was again returning, (and had taken even leave of my Friends in gene∣ral) there befel my Brother Sir Philip Palmer some Troubles, which (as ma∣ny worthy men of the Long Robe well know) forc'd me to a very tedious stay, before I could compose them; nor did I during my whole abode in England, (which was somewhat above a twelve-month) lye two nights together out of Town, (as not a few can witness) ex∣cept in October 72. when I went with some Relations to my said Brother's House, and there I also stay'd less than a

week. Nay so far was I from going into Wales, that my Steward brought me up my Accounts at the end of that year, and several of my Montgomeryshire Acquain∣tance were pleas'd to come and see me, and among others my late Lord Herbert of Cherbury; so that had I been near him, I should not have fail'd in what I was always wont to do, viz. of visiting his Lordship when I came into the Coun∣trey. But the Mystery of Mr. Turber∣vill's Story is, (for all Fables have their Mythologie) that a Brother of mine was a great part of the year 73. at Powis-Castle, as the Gentlemen of that County can attest. I speak not this as if Mr. Tur∣berville mistook the one for the other, but to show what gave the hints to his fancy; and certainly had I been there, I could not be such a fool, (tho' Papists be the weakest men alive, if we judge by what is said of them) as to deny it thus positively, when so many Prote∣stants of repute and quality (whom I call upon) must needs rise in judgment against me; and when the thing in it self, even with Mr. Turbervill's Comment to it, cannot affect or prejudice me, who

have been try'd and acquitted of all Trea∣sons relating to the Plot.

As for my being a Priest, (which at one time or other must be known, if I be one) I do not only positively deny it, but lay the Lye on the Tenets of my Religion, which doubtless I would not do, when Catho∣licks (they say) are so concern'd for its honour and interest, that they will die with an Untruth in their mouths, tho' it be (as we all confess and declare) a damnable act, and a sin equal to that against the Holy Ghost.

In the next place, Whereas Mr. Turberville will have it, That I said Mass to my Lord Powis at his Lodging in Vere-street, I will be bound, that not only my Lord, my Lady, their Children, their chiefest Attendants, and Mr. Percy, (the Master of the House in Vere-street) but any five, ten, or twenty, of the prime Catholicks of Quality in England shall attest, that they have been so far from hearing my Mass, that they verily believe (for several weighty Reasons) that I am not in Orders. Now that I should impart this Secret to such a

man as Turberville, who confesses upon Oath, That he made his Fscape out of the Monastery he had entred into, which shows how slight and unsteady a person he was, and con∣sequently how little zeal he had for his Religion in general: I say, that I should impart this Secret to such a man, and not to my best Friends and Acquaintance, is an Imagination that becomes such a Witness.

But to come yet closer to the business, Mr. Turberville and I have been so far from this wonderful intimacy and dear∣ness, That I protest I never saw him to my knowledge. And because the Gentle∣man, and others in his present Post and Station, have often in reserve some poor forlorn wretch, (for I'le cast my self up∣on the Oath of any man of Repute and Estate) to vouch a by-Circumstance, which they know will be deni'd. I shall now prove this my Assertion, not only by the afore-named Testimony of my Lord Powis, my Lady, their Children, and those of the best Note in their Fami∣ly, but by all my own Servants also; nay by two of Mr. Turberville's Brothers,

and by several of Credit that know me and him, with the manner of his Life and Actions. For all these can and will testifie, that they never saw, heard, nor yet believe, that he had the least Con∣verse or Acquaintance with me; where∣as if his Tale were in any degree true, 'twould be impossible that they should be all ignorant of it, especially, having been (as he swears) together at Powis-Castle; and seeing also that my own Domesticks must take notice (either sooner or later) of those that have any thing to do with me. Nor is it to be pretended even by Mr. Turberville him∣self, (notwithstanding the great quick∣ness of his Invention) that still he came incognito, and by stealth to me; for how weak and silly must it appear to any child to hear it said, that we (forsooth) were thus cautious, and made so many grimaçes, and good morrows, when those who are at present most charged with plotting, conversed always as open∣ly together, as Friends, Neighbours, and Correspondents usually do. There∣fore, super totam materiam, to speak in a Schoolman's phrase, (and by the Orders

given me, he has made me a piece of one) does not this his Evidence qua∣drate and agree with his former solemn Deposition; That his Po∣pish Enemies (by reason of his leaving his Monastery) got at last his Brother (who also serv'd my Lord Powis) to disinherit him; whenas not only his said Brother (as a bare Borderer on for∣ty) may have Children enough before his death; but he himself, (I mean, Mr. Turberville our Witness) is only a fifth Brother, and which is less, a third by a second Venter; so that a Lawyer of an ordinary size may tell us, what an Heir at Law he is (according to the custom of England) to this Estate, had none of the intermediate Brothers any Chil∣dren.

Nay let the whole World judge, even the most partial men breathing, whe∣ther Mr. Turberville, that ran away from his Monastery, that had no zeal for his Religion, that liv'd sharking ever since, that has turn'd Protestant, at least pre∣sently after Mr. Oates's Discovery, (for he was then actually sent down to Glamor∣ganshire to catch Priests) would not∣withstanding

all Encouragements from the Parliaments, from the King's reite∣rated Proclamations, and from the whole people in general, suffer me, who was imprison'd from the beginning, and at last try'd for my life, to be legally and publickly acquitted, if his present Charge had been then thought of.

But tho' not one Judge perchance in Westminster-Hall could, (bating the con∣tempt which people might justly have of the Charge) prove himself no Priest, if a Villain would point blanck swear it, yet I can by God's Providence, (besides what has already been alledg'd) make, à priori, the falshood of this Accusation evident; and thus I should have done long ago, had it been grateful at my Tryal, to show Mr. Oates's small mistake about the Divorce; for the Circumstan∣ces that demonstrate the untruth of the one, would have done the same to the other; and then Mr. Turberville had had a Buoy or Light-house to guide him from this Shallow, on which he has at last so strangely and childishly stranded.

Now that the Reader may also understand the Grounds

of this Fancy, and how it had its Rise, he is to know, that resolving with my self, (some 7 years since) not to marry again, should it be never so much in my power; and considering too, that it was the best time to settle my Brother, (or Heir at Law) in the World, if I inten∣ded him any real and solid advantage, by what might at length fall unto him, I thought fit to give him, and some others of my Relations, the greatest part of my Estate in present, with the rest in Rever∣sion, and then married him to his, and my own satisfaction. This being look'd upon by many as an unusual Action, and some reflecting, that I (who took so much pleasure in travelling) was now retired, and diverted my self in turning over Books, and the like; as also that my Lady Cleveland had withdrawn her self some few years after into a Monaste∣ry, (which is the common method of married people in the Church of Rome, that intend to change their state of life) it presently became bruited, that I was, or shortly would be in Orders. No won∣der then if Mr. Oates made this a part of his Accusation; and by the way I must

tell him, (that in my poor judgment) 'tis not only the chief flower of his Gar∣den, to wit, the best grounded Charge, that ever yet came from him, but also manag'd with the most caution and wis∣dom, qualities (as many think) not ve∣ry natural to him; for he has here only sworn, (as I show'd before) That he saw Letters (forsooth) signifying my say∣ing Mass, and therefore could not be ea∣sily disproved, were he never so much the Inventer of the Story. But if Mr. Turberville has been more bold and da∣ring, and thereby run himself, (as I said) on ground, he may yet urge this for him∣self; That (being engag'd, perhaps, by the prevalent Entreaty of special Friends to accuse me) He was necessitated to this poor Topick of a Priest, seeing the Law had already acquitted me of the Plot; for otherwise we should have had, (I warrant you) wonderful Particulars in Print from some or other, not only of late Consults at Powis-Castle, (tho' I have not been there, as I mention'd, these 15 years) but of a constant correspondency with him in his Noviceship at Doway, in his French Expedition, and in all his other Adventures also.

To end then with this Gen∣tleman, I do here again pro∣test and declare, that his Ac∣cusation against me, is false, both in part and in the whole; and yet it is not to be wondred at as strange, seeing Priesthood has of late been sworn against other Lay∣men as well as my self; for upon this Ac∣count, and Oates's Oath, Mr. Preston (as every body knows) was dragged from his very Wife into Prison, where he lay above 18 months; and old Mr. Ga∣wen (who had been but few years a Widower, and never out of England) was by such a Deposition solemnly ar∣raign'd and tryed; and besides, Sir Tho∣mas Gascoign would perhaps have run the same risque, had he not absconded as soon as he got out of the Tower. I am sure my being in Orders has no relation to the Plot, and puts not the least grain into the Balance, since it will be no man∣ner of way plainer than before, should I be deemed not only a Priest, but a Bishop. Nor would I (certainly) be asham'd of a Function (were I of it) of which, men as great in Quality, as emi∣nent in Learning, and as famous for San∣ctity

as History can show, have been. Nay from the same fountain, and no other, the Church of England her self derives her Ordination. Let me then say thus much to Mr. Turbervile with my last Adieu; That should God ever make me capable of this State of life, and in∣cline me to it (for 'tis no ill action, even in Law to be a Catholick Priest, and stop there) if the Ceremony should be per∣form'd in the most open and publick man∣ner that can be thought of, that solem∣nity will be a perpetual Record against him, and consequently an Evidence of the Injury he has done the Kingdom, to the manifesting of his monstrous folly and weakness in so gross an accusation.

So much then for Mr. Turberville; and here I should have ended were I not obliged to say something, to what Sir William Jones thought fit to mention of me in my Lord Staffords Tryal.

He doubts there of Mr. Lytcott's being Fellow of Kings Colledge, because such places are bestow'd (he hopes) on more deserving and less suspi∣cious men, than he appears to be, that owns himself not only the Secretary, and

continual Companion of one so famous in the Popish Party as my Lord Castle∣main is, but to have gone also and taken Notes at several Tryals, for his Lord's service, who was concern'd in the Ac∣cusation.

First for Mr. Lytcott's being Fellow of Kings Colledge, it will be acknowledg'd by the whole Body; and upon this ac∣count it was he became my Secretary; for having my self had the satisfaction and honour to be a Fellow-Commoner of that Royal Foundation, and conse∣quently acquainted with very worthy and excellent men, I knew not (till some better occasion offer'd it self) how to express the great sence I had of their Fa∣vours and Civilities, but by having ever since my departure one of theirs still with me. Mr. Lytcott had, 'tis true, some other accidental Recommendati∣ons, as related to several persons of very considerable fashion and quality, whom I esteem'd; Nor do I by any means deny the giving him order to take Notes at Tryals; nay this, or the equivalent, I de∣sir'd of others also, till I freed my self from the calumny of the Plot. But had

I known it a Crime against any Law ei∣ther human or divine (and till I do, I cannot repent me of the Action) I should not have sent him, neither would he (I dare say) have gone; for his Colledge, and Friends cannot but own as well his great Probity, as his constant zeal for the Government. And as he (who very well knew it) attested, being summon'd to my Lord Staffords Tryal, that I was not at Powis Castle in the years 72 nor 73, so, by what I have here already shown, the whole matter has been prov'd and made good beyond the possibility of the least doubt or scruple.

In the next place, as to my being so famous in the Popish Party, as Sir William says I am, I do not know (I confess) what he means. Certainly that man is a very weak one, who (considering the hardships we struggle with, the Obloquy we lie under, and the mis-interpretation of all our actions) hopes to geat Fame by being a Papist; but if this Gentleman puts Fame in the worst sence, (for the word has opposite significations) and so in∣timates, as if I were become to the World Infamous, by my Religion and Practice,

I shall here in a few words give him a true and short account of both.

That I am a Catholick, I shall always acknowledge, as often as I am ask'd; but tho' my Religion were erronious, yet to me it must be a true and saving one, according to the Principles of our lear∣nedst Adversaries; for I have often, and diligently searcht the Scriptures, which they own to be the Rule of Faith; I have earnestly pray'd to God (as they require) for his Illumination; I have argu'd with learned men, a thing too enjoyn'd by them; I have always been ready to give a Reason of my Belief, to whomsoever should ask it of me, according to the Apostle's advice, and theirs; and lastly, I have read not only as much Controversie, as, per∣chance, most men of my age in England, but twenty Protestant Books (I dare say) for one Catholick, and yet still I am the same. Nor will any body (I hope) pre∣tend partiality or prepossession in the case, seeing that must have much rather enclin'd me to the contrary side; for had I been of a Religion not obnoxious to the Laws, I might as well (it may be) have advanc'd my Fortunes as others, wanting

(I thank God) neither Relations, Friends, nor Estate to give me a Rise or begin∣ning. Nay so great a propensity have I still for the Religion of all Governments, and particularly my own, that I thus far declare with Mr. Hobbs, (who thought every body bound to be of his Prince's Faith) that it is a great fault not to com∣ply with the establish'd Practice in every particular, that is not truly sinful in my Judgment.

'Tis Conscience then, that makes me a Dissenter, and therefore I may be pitied, but not blam'd; for should any Turk or Jew profess the Gospel, and yet in his heart think it false, he would be damn'd notwithstanding the verity of it. Hu∣mane Reason can demand nothing of one (as eminent Protestants tell us) but a sincere Conviction; nor does the pro∣foundest among them propose more. And if that shocking Article to flesh and bloud, and reckon'd also by our Ene∣mies as our most dangerous Tenet, (I mean the real and substantial presence of Christ in the Sacrament) blots not a Lu∣theran out of the Book of Life, why should it me? 'Tis true, we differ in the

Mode or Manner of his being there, but not in the Reality; so that as great hard∣ships, and as seeming contradictions arise to man's capacity from the one, as from the other opinion.

To confirm further also, those who might otherwise doubt of my being in the way of Salvation, as to Faith; I un∣feignedly believe all those very Points, which Protestant Divines call the grand Fundamentals of Christianity; for I be∣lieve the Incarnation; I believe the Tri∣nity; things as incomprehensible and op∣posite to our finite Nature, as can be thought of; nor could any Doctrine be more stifly deny'd and rejected, than this has been by several Christians; nay I de∣clare as the Church of England does, when she reads the Creed of St. Athana∣sius, That whosoever will be saved must ne∣cessarily hold what is there express'd. I be∣lieve also in the Merits, Mediation, and Satisfaction of Christ, so that no Action of ours can possibly please but through his Merits; no Mediation of any Crea∣ture can have the least force or weight, without the virtue of his Mediation; and no Satisfaction of ours can be valid,

but as it is grounded on, and perfected by the All-sufficiency of his Satisfaction. I further believe, that Faith and Good Works must joyntly help in the great bu∣siness of Salvation; that both are God's gifts, and that we are not able so much as to think one good thought, or do the least good Action, without his free Grace and Assistance. Lastly, I believe that the Holy Scriptures are the Word of God; that the Reading of them is profitable; that it is lawful to have them in the Vul∣gar Tongue; but I believe (and the like perchance do all Christian Churches) that there are some things hard in them, which the unlearned and unstable may wrest to their own destructi∣on; and that they are not of a private Interpretation. Now should any judge otherwise, viz. That every body truly interprets, who sincerely considers them, yet I am still in the right; for then as a private man I think (and this with all sincerity) that the hardness before express'd, and the other words of St. Peter, (which intimate they are not of a private interpretation) ought to be un∣derstood in the plain and obvious sence.

If then by agreeing thus with Prote∣stants, in what they call the chief Funda∣mentals of Christianity; and if also by the consent of their great and famous Au∣thors, several persons (that have lived and died in our Religion) are in Heaven; for they stile them Saints, they admire their Actions, they propose them as Examples, and the like; I say, if then by reason of these things, I may rationally be assur'd that this Interior part of my Belief (to wit, that which principally relates to my self) cannot damn me, I will now very strictly examine the Exterior, or what touches others, and consequent∣ly the matters that concern the Govern∣ment.

First, As to Government in general, I believe Monarchy (from my heart) to be the best; and I think far the better of it, as often as I consider our late Miseries and Disorders; yet had I been born in a lawful Commonwealth, Aristocracy, or Elective Kingdom, I should look upon my self bound in conscience to defend the Establishment, as I found it, (let it be which of these it will) against all pre∣tences to the contrary, tho' they suited

never so much with my own inclinations and Judgment.

In the next place, I believe our pre∣sent Soveraign Charles the 2d. to be the true, sole and undoubted King of Eng∣land, and that no Monarch in Christen∣dom has a more indisputable Title to his Crown than He; which I look upon to be a great Blessing to his Subjects, being all oblig'd to obey, not only for wrath, but for conscience sake also.

Thirdly, I have been so far from hear∣ing (till Mr. Oates and others of the same stamp mention'd it) of any Excom∣munication, or Declaration of Heresie issu'd out against the King by his Holi∣ness, or any of that Church, that I am as much assur'd, that it is false, as that he never Christen'd or Confirm'd his said Majesty; for I have been twice my self at Rome, and know that the Popes have still spoken of him with great Honour and Respect: And besides, there was ne∣ver yet any Prence (always born and bred out of the Romish Communion) that underwent this Censure.

Lastly, were our King excommunicated and declared a Heretick, yet I do un∣feignedly

believe, that it would be a horrible Treason and Sin in any Subject to Plot against, maim or hurt, and much more to kill him; and I do further de∣clare, that every English, Scotch, or Irish man is in conscience bound to prevent such a mischief, tho' it be with never so great a danger to his own life.

As for the Doctrine of de∣posing Kings, I never knew nor heard of any Religion, in which there were not some that have held it; nay not only Luther, Calvin, Zuinglius, Beza, and all the prime Leaders of the Refor∣mation, have in express terms declared the same, and practis'd it; but Pamphlets have been lately cry'd about the Streets, which boast, that there is no Reform'd Church from the Waldenses to this day, that has not deem'd the procedure lawful. Now Papists are so far from holding it a piece of Faith, that Bellarmine (the Pope's great Champion) shows the con∣trary; and Cardinal Perron (no small Friend to his Holiness's power) calls it explicitely and plainly a Problematical Opinion. Nor has it only been written

against, by several and several zealous Papists, but publickly and solemnly con∣demn'd in Popish Countries, in Popish Ʋniversities, and by Popish Ecclesiasticks themselves.

As for the Oath of Allegiance, I am ab∣solutely for the binding part of it, as to my Duty, tho' there may appear some difficulty as to the wording of it; inso∣much that I shall most willingly take this very Oath, if (I say) a word or two were chang'd, or the strictest that ever was propos'd by Catholick Princes to their People; and truly I do sincerely believe, that they are as careful of their safety and interest, and are as much Ma∣sters of both, as any Governours upon the face of the whole Earth.

As for the Oath of Supremacy, all Catholicks in the World agree in a Spiri∣tual Dependency on Rome; so that even those few that take this very Oath, do it, I suppose, upon a supposition or fan∣cy, (as they have it in their Books) That the Explanatory Act (in the 5th. of the Queen) declares, That she pre∣tends to no Supremacy in spiritual matters; and thus the Pope's Power is again (they

think) restored, and the whole made there∣by a bare Oath of Allegiance; but I make some doubt whether this was ever thought of by any Protestants, and doubtless they are the best Interpreters of their own pe∣nal Laws. In short, I design not to dis∣pute any Point, but with all Modesty and Candor to hint, why I cannot in Conscience comply with these Oaths; neither do I in∣tend any way to lessen the Regalia, or Tem∣poral Power of our Kings; for I will ever defend it with my Life and Fortune against all Persons whatsoever; nor can Protestant Princes (I think) be enslaved or subjuga∣ted by our Opinion, since we find the Catho∣lick ones to have been, and to be still the freest and mightiest Potentates, that we read of in the Christian Commonwealth.

As for the Constitution and Frame of the Government of England, by King, Lords and Commons, I do admire it as the best that ever was, and beseech God it may con∣tinue so to the end of the World; nor does any thing more plainly demonstrate to me, that the Principles of Popery tend not to a Tyrannick and Arbitrary Sway, than that the Laws which preserve our Liberty and Property, were propos'd in the flourishing

Times of that Religion by Popish Peers, were approved by Popish Commons, were put in execution by Popish Judges, and lastly were deem'd so good and holy by the Popish Clergie, that they solemnly desir'd God's Vengeance and Wrath to fall on the Infrin∣gers of them.

As for Dispensations to Lye, Kill, For∣swear, and the like, I do not only abhor them, and protest that I never heard from any Papist, that they are or were grantable; but I also declare, that I verily believe, That neither the Pope by himself, nor with a Council, can give me leave to commit such Sin or Sins, or any Act now forbidden by God, or the Law of Nature; and this I mean in the ordinary sence, as every Pro∣testant understands it in the reading. Nor do I believe, that either the Church Colle∣ctive, (and much less a single man) can re∣mit a Sin, à parte ante, that is to say, before it be committed; and when it is commit∣ted, that it cannot be forgiven even by God himself, without hearty sorrow in the Offender, and a resolution never to do the like again; so that I look upon all Dissem∣blers or Church-Papists, (as they are term'd) in a far worse condition than an Infidel.

This also I must beg leave to add here, that whereas many fancy and cry, that our Ghostly Fathers have a marvellous Autho∣rity among us, I do declare, that I verily believe, that there are no Priests among the Eastern Sects abroad, nor Ministers a∣mong our Dissenters at home, nor in short any Clergie among any separate Christians, but have forty times more interest in their respective Congregations, than the Popish have had here, these many and many years. That some particular man has had, per∣chance, power with his Patron, I do not deny, and the same I have known happen to a Valet de Chambre, to a House-keeper, and it may be to Servants of an inferior degree; but so averse generally are the English Ca∣tholicks, I can say, (at least since my time) to take the Directions of their Confessarius, in any thing that has a tendency to tempo∣ral Affairs, that the best way oftentimes to perswade some to a business, was to tell them, That the Priest did advise against it. What I here alledge, I am very confident is true; and for the further proof of it, I ap∣peal to any Protestant of repute, that has ever been of our Communion.

The Premisses then being the Credenda,

or sum of my Religion and Belief in Specu∣lation, there remains now a line or two of the Practice; and here also I shall show my self (to the dissatisfaction of my Ene∣mies) a zealous Lover of my Countrey; for truly I ever thought that this, and a sincere devotion to the lawful establish'd Govern∣ment, were Synonimous words, and differ'd only in sound.

I had not (I confess) by reason of my years, an immediate share in the misfor∣tunes of the late Times, but I am sure after∣wards I felt great effects of them; for all my near Relations were not wanting, (be∣sides their personal Attendance) in helping the then King with Men, Money, Plate, &c. So that They of the Protestant Religion un∣derwent for this Loyalty, Plunderings, Compositions, Decimations, Imprisonments, and the like, and Those of the Catholick, the Confiscation, and sale of all they had. As for my self, as soon as I came to Age and my Estate, I was no ways behind-hand in my actual Duty; for I sent his present Ma∣jesty a very considerable Sum beyond Seas, and was ready also, Anno 59. (as not a few about him know) with Men, Horses and Arms, to further his Restauration; for which

(within a while after) I was imprison'd, and had run the Fate of several of his other faithful Subjects, had not the Times alter'd as they did; then being chosen of the Free-Parliament, I had the satisfaction of voting his Return, and was ever as forward as any in expressing the Zeal and Service I had for him. Nor fail'd I also, (happening then to be in England) to hazard my life in the Dutch War; and when I return'd again into Foreign Parts, I did what I could (by the French Account I printed there) to ob∣viate the Lyes which tended to the disho∣nour of the Nation.

'Tis not by way of Exprobration, that I offer this Memorial, but 'tis to remember the Reader, that a long series of Loyal Actions, indicates a Loyal Heart, and that Habits are not lost on a sudden. I do also appeal to any man of Quality, I know in England, and to all I have been free with abroad, whether ever they heard me pro∣pose or defend Paradoxes in State-affairs, or found by any by-word a mutinous Ten∣dency; for I may safely aver, that there was never yet a Treason gradually carry'd on, where the Associates (how wary soever they were in the main) have not endea∣vour'd

at some time or other, to raise Dis∣contents, to aggravate matters of Fact, and to alienate the minds of their Acquaintance from the Prince. But these were still Actions so averse to my nature, that I always steer'd a quite opposite course; nor did this hap∣pen, I must say, (and I think every body is sufficiently satisfy'd of it) in hopes of pre∣ferment at Court, but it was in obedience and pursuance of those just Principles, which the Laws of God and Man oblige a Subject to; and therefore I can call God to witness, that I never heard of any thing that tended to the temporal prosperity of the Kingdom, which did not elate and transport me; or if the contrary happen'd, that created me not an extraordinary trou∣ble and affliction.

As for my private Transactions, I mean those between man and man; whose Ox, whose Ass have I taken; or to whom have I omitted the doing of a kindness, when I was oblig'd to it either out of Gratitude or Civility? I must confess, with St. Paul, as to my Religion, I ever wisht, and still do, that all men were such as I am except these Bonds; and I think every Perswasion does the like. I do also with him declare, That

Evil cannot be done, that Good may come of it; so that I vow by all that is Holy, (since I hope that that Divine Grace, which in∣structs, will also strengthen) That I would not commit a premeditated sin to convert the whole World; for God will be serv'd his own way, and when we do otherwise, 'tis ex∣tremely far from a Service. Religion there∣fore never made me yet neglect a Friend, or postpone a Relation; and so constant I have still been in this, that there are none of all my Protestant Kindred, but will acknow∣ledge that my Affection has been as great, and my Zeal in their Concerns as intense, as if we had been of the same Faith. For my part, I always keep my Opinions to my self, unless when I am ask'd the reason of them by some, or told Magisterially by others, that nothing can possibly be said to such a Point: And if I chance to Write, it is in re∣ference to my own Defence; nor can I think it a crime to Reply, when a man of Parts and Worth attacks me, for otherwise I ne∣ver did, nor ever shall do it I am sure. 'Tis not my profession to make Converts; and truely when I accidentally met any, the usual Encouragement from me was, what several of them experimentally have found

and heard in Catholick Countries, where they now seek Relief, That Heaven was the only Gain to be expected by their Change; for Papists (I must say) are not so over-liberal as some think. Heaven (I thank God) was the only thing which I did, or could pro∣pose to my self; 'tis this also which assures me, if my Religion were true in mild wea∣ther, it must needs be so in a Storm; and lastly, 'tis this which made me always Loyal, and passionately to wish, That England might surpass both in Glory and Plenty, all the happy Nations that surround it.

Thus having given Sir William an ac∣count of my Principles both in Theory and Practice (and if the Church of Rome obliges me to any one contrary Tenet, I absolutely deny and reject it, which no body can do and be a Catholick.) I say, having given him this account, I hope for the future he will be so kind, as to believe I am greedy of no other Fame in the World, but to be deem'd (as I am) a true and faithful Englishman, and therefore when I make the least step or deviation out of the Road of Loyalty, I de∣sire that this present Record under my own hand may rise in Judgment to my eternal Reproach and Infamy.

Finis.

Amiens, Mar. 7. 1681.

Notes

• Lords, Powis, Arundel, Bellasis.
• Oates accuses me.
• He secures me and my Papers.
• My Examina∣tion.
• Mr. Oats's Ac∣cusation.
• Sent to the Tower.
• Bailed Hil. Term 78.
• I appeared East. Term, 1679.
• A motion in Trin. Term. 79.
• Mr. Oats's Accusation before the Judges of the Kings Bench.
• I appear in Mich. Term 1679.
• Taken the second time.
• Brought before the King and Council and Ex∣amined.
• Oates came in against me.
• Oates's his Ac∣cusation before the King and Council.
• Sent to the Tower the second time.
• Some Accidents in the Tower.
• I brought my Habeas Corp 72/80.
• An Accident.
• Second Ap∣pearance.
• Third Appea∣rance.
• Fees again demanded.
• 1679/80.
• Easter Term, 1680.
• Trin. Term, 80.
• My Arraignment and Tryal.
• Advertise∣ment.
• Mr. Oate's Evi∣dence.
• 25 Car. 2.
• 27 Car. 2. Mar. 1.
• 29 Car. 2. Aug. 4.
• 30 Car. 2. May 16.
• Fol. 41.
• Fol. 34.
• 2d. Rep. fol. 154.
• Fol. 47.
• Dangerfield's Evidence.
• Mr. Parker and the Hastings Record.
• Mr. Berry.
• Mr. Armstrong.
• Mr. Palmer, and Mr. Dorrington.
• Mr. Grigson, and Rigby.
• Mr Hildesley.
• Mr. Osborn.
• Advertise∣ment.
• Mr. Duddel, and Mrs. Ceiliere.
• June 23.29.
• My Lady Powis.
• Sir R. Barker.
• Mr. Lawson.
• Mr. Turner.
• Woodman.
• My Defence.
• Oct 79. Dang. Nar. p. 49.
• N. B. Lest any body should question whether Mr. Oates did thus contradict himself, the Reader is to know, that the Particulars are all mention'd, even by his Friend, the late Publisher of this Tryal, as the Pages in the Margin show.
• (a)

  Pag. 22
• (b)

  P. 12.
• (c)

  P. 16.
• (d)

  P. 25.
• (e)

  P. 23.
• vid. Dang. Nar. p. 23.
• Pag. 2.
• My further Witnesses.
• Vid. Dang. first Nar. p. 25.
• Mr. Cheek's Pretences.
• I return'd to the Tower.
• 1680.
• First Nar. p. 10.
• Ibid. p. 12.
• 2d. Nar. p. 12.
• Mr. Turbervile's Falshood about my being at Pewis Castle.
• 2d. Nar. p. 2.
• First Nar. p. 5.
• Of my being a Priest.
• Of my say∣ing Mass.
• First Narrat. p. 7.
• First Nar. p. 7.
• The Grounds of the Fancy.
• Several Lay∣men sworn to be Priests.
• vid. p. 177.
• 2 Pet. 3.16.
• 1 Pet. 1.20.
• Vid. further the Rep. to Answer of Ca∣thol. Apol. as also The Comp.