The Right Honble: Roger Earl of Castlemayne Baron of Limbrick. etc.   Engraved portrait (head and shoulders) of the 1st Earl of Castlemaine (1634-1705), in a laurel wreath frame.   

THE EARL OF CASTLEMAIN's Manifesto.  Nec potest aut Veritas cum vi, aut Justitia cum credulitate conjungi. Lact. 
Printed Anno 1681.   

THE EARL of CASTLEMAIN'S MANIFESTO.  
HAving had the misfortune to be accused, (if he can call it so, that has been openly acquitted and freed,) I left the Publication of all Particulars, to those who still furnished the Curious with Transactions of that nature; But seeing they have been not a little faulty in my Trial, which yet came not out till the end of last January 5 and seeing Mr. Turbervile has been as extravagant 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 unparallelled Disorders, which have not only disturbed the flourishing State of England, but astonished and amazed the whole Universe also.  
The Parliament (according to the time appointed at their July Prorogation) meeting again on Monday the 21st. of October 1678. Mr. Oates was ordered (on the 2d. day following) by the Lower House, to acquaint them with the Particulars of the Plot, which he did in a Discourse of many hours, being for the most part the same, as that in the Narrative, 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 nominated to the Spiritual and Temporal Employments mentioned 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 Accusation upon Oath, issued out Warrants, and so 
* Lords, Powis, Arundel, Bellasis.  three of the Lords (the Others, and most ●f the Gentlemen being in the Count●… were secured that very night, or early next morning. The News flying presently 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 missed of some Employment, when Medbourn a Player, and Townley an Alehouse-keeper, were already eminently promoted. 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 Gatehouse, 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 lie that night, and so to be carried to the Tower, but little dreamt that I was immediately to succeed them; for Mr. Oates (for Reasons best known to himself) thought fit next morning (viz. Friday the 25th.) 
Oates accuses me.  to accuse me of Treason also to the Commons, who ordered 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 ask 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 troubled himself with so many Attendants, since any one of them with Authority had been sufficient. He answered, That by virtue of the Warrant, (which he shown) he was to secure me and my Papers, but that he had not yet meddled with them, because he understood that I had the Keys of my Cabinets and Closet about me. I gave him many thanks for his Civility in not breaking open Locks unnecessarily, and then calling for Lights, I conducted him, and two or three of his Followers, 
He secures me and my Papers.  to my Apartment. Having there seized 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 myself, (being it was very late) he suffered me (at my request) to lie at home with a Guard. In the morning he came again for me, and the Box being with him, I desired, 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 concerned) he would be pleased 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 before, and then brought it and me (together with a Cabinet full of Deeds and Conveyances) (which I wondered not a little at,) to Sir Charles Harbord's, where I found not only Sir Charles, but Sir Philip Howard and Sir Edmund Windham (the Knight-Marshal) who came also thither to examine me.  
When we were all seated about the Table, 
My Examination.  Sir Charles asked me, How long it was since my being at Rome? I told him, I came last thence about the year 69. Then he demanded, Whether I was divorced? I answered, 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 replied, Beyond Sea. Whether I had not seen him in England? I said, Yes. When, continued he? I answered, I was not able to tell exactly, it being a good while ago. He desired me to inform them as near as I could. I replied, 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 answered, 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 answered, I never did in all my life, and that I thought my Relations known Loyalty, and my Own, might assure them of it. If you had been made acquainted (says he) with a Design against the King, do you think yourself bound to have discovered 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 deemed fit, their Clerk (by their directions) put in writing, which I also read and subscribed. Now that the Reader may see the cause of all these Questions, I shall here insert the particulars of Oats 's Accusation before the Commons, couched in his own Style and Phrase; And thus I found it (some few days after) in the very public Papers that went about, That JAMES Earl of Castlemain (for so he Christened me) was, he verily believed, 
Mr. Oats 's Accusation.  a Priest, and of the Order of Jesus: That the said Earl had sued a Divorce between him and his Wife Barbara, now Duchess 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 called for the Cabinet of Deeds; and taking out every Drawer, they opened some Parchments, and particularly those with Great Seals; as Colledge-Leases, Exemplifications, etc. So that to save trouble, I assured them there was nothing there besides Writings relating to my Estate. Sir Charles answered, That among Writings it was a good place to hid 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 Examination 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 after we were risen they asked the Sheriff several private Questions, which (by some words louder than the rest) I guessed 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 unexpected an account; but since I had (as I hoped) satisfied them in all particulars, I supposed I might now go home. Sir Charles answered, That they were to acquaint 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 Gatehouse, from whence the Council sent me afterwards by a Sergeant at Arms to the Tower. 
Sent 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 Judges asked Mr. Attorney Jones what he had to say against my Enlargement? He answered, That I was a Prisoner (as appeared by my Commitment) for High Treason in the highest nature; but that he had but one Witness against me. My Case therefore being declared Bailable, 
Bailed Hil. Term 78.  I was bound in a Recognizance 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. 
I appeared East. Term, 1679.  This I punctually performed; and at the end of the said Term I was again ordered 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) moved for my Discharge; 
A motion in Trin. Term. 79.  So that Mr. Attorney (being called upon) answered, That Mr. Oats was my Accuser, and if their Lordships pleased, they might know of him what he had against me. Mr. Oats presently appeared, and openly averred, in my presence, and in the face of the whole Court, 
Mr. Oats' Accusation before the Judges of the King's Bench.  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 believed I was a Priest. Tho' this were only my first Accusation; yet being of that high nature, the Court would not discharge me; 
I appear in Mich. Term 1679.  therefore they continued 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 manner: But long before that, there happened another Adventure, which I am here to relate.  
On Saturday November 1. 1679. 
Taken the second time.  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 meeting me, said, That all the Gates were shut, and that the Gentleman Porter, with a Guard, was in quest of me. I presently 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, watching my Apartment, till I came myself to open the doors Here they seized on all my Papers; and from thence I was brought to the Lobby, and after some stay there, unto the Council-chamber itself.  
Having made a low Reverence to the King, 
Brought before the King and Council and Examined.  I stood not far from his Chair; then the Chancellor risen 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 something, but would allow them weekly also: And thus (said I) my Lords, I still do. Upon 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 Newgate, for 3 l. 10 s. a young man versed 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 Husband, who had formerly been a considerable French- merchant: This Fellow was, it seems, Willoughby, now Dangerfield: and him she sent sometimes to my House on ordinary Errands; but presently he played me as villainous a trick as could be imagined, considering the times we live in; the thing was this; The five Jesuits being (on the 20th. of June last) Executed, 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'll 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 dissatisfaction) Why did you send a stranger to me? And besides, what have I to do with the Jesuits Speeches? Has any body (answered I) been with you in my Name concerning that Affair? Yes, (replied he) one Willoughby (as they called him) whom I sent away as he came, as soon as he acquainted me with the message. This accident surprising and troubling me not a little, I took my leave of his Lordship, assuring him that I never sent the Fellow, and so went strait to Mrs. Cellier, (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 acquaintance with Willoughby, and the reason also I had to be angry, and to forbid him for ever coming near me again. But (answered the Chancellor) 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 proposed to him? No (replied I) I assure your Lordships. Mr. Willoughby (says the Chancellor) you may perchance refresh my Lord's memory with particular circumstances. Upon which he appeared on the other side of the Table, being before with his Keeper in a corner, unseen by me; and making a bow, I am beholding (said he) to your Lordship for confirming so material a part of my Evidence. As how, good Mr. Willoughby, answered I? That I was (said he) with the Lords in the Tower. But Sir, (answered I) did I not, after your going thus thither in my Name, forbidden you from coming at me any more? You did, answered 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 craved time to consider of it, which did not a little displease them; And when I went next to my Lord Castlemain'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. Willoughby 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 declared, That they had proposed the Killing of the King to him; and this also Willoughby attested. I know nothing of it, replied I; and thereupon 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 about 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, (replied 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 public sale of the Jesuits Speeches) at least five weeks before 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 show me circumstances to prove the Truth of his Allegation; which were, That I was then writing 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 Bookseller. These (said I) are vain things, and so far from reconciling your former Contradictions, that they create new ones; For how was it possible for you to read a paragraph in a Paper, when I myself 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 Dangerfield neither pretended to have done this by surprise, nor would it have availed 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 searched it could witness) so face the door, that it is impossible for any body to come in, and not to be presently seen by me, when there.] Now (continued I to Dangerfield) for the persons you name, they are easily guessed at, Lawson being my Solicitor, and consequently most mornings with me, and the other my Bookseller, who having Orders to bring me still whatsoever was new, could not but be often at my House, the Press being at present so prolific. He to amuse me and the Board, began again with the Compendium, and that he read only part of a Paragraph; but the Chancellor telling him, that that was not the present Question, he was sent out, and Mr. Oates came in, 
Oats came in against me.  who had not long before written in a Note that he had something to accuse me of.  
As he was going to speak, the Chancellor commanded the Clerk to give him his Oath. Mr. Oats answered, he had already sworn to what he had there to say. If you have sworn a thousand times, (replied 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; 
Oates' his Accusation before the King and Council.  That he saw me at a Meeting, in which I approved of the Design of killing the King; That I had sued out a Divorce in the Court of Rome between me and the Duchess 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 Lie 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 positively denying it, as I did, that I would glory in the Title; but for the Divorce I durst appeal to the Duchess herself, whom he had named. The Chancellor replied suddenly to this purpose, That the Duchess would say nothing to the wrong or prejudice of any body. My Lord, (answered I) I speak not this reflectingly, but to acquaint you, that she (who is concerned, and who has I am sure made much enquiry about it) does certainly know the falsity of it. Then I desired their Lordships to consider, whether it were possible, that such a silly pitiful Fellow as Oats, should have thus all Catholics Secrets (let their Quality be what it would) communicated to him. But as I was in this manner descanting on my Accuser, a Lord risen 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 assured him, I should at another time, and in another place, show him fully his mistakes, and particularly about the Divorce, (which I said several Letters of mine taken from the beginning, and still in the hands of the Council would clear) he went out; but before 〈◊〉 stirred, I addressed myself to the King 〈◊〉 these or the like words: That tho' my Innocence hindered me from fearing the punishment of a Traitor, yet I could not but deem myself extremely unhappy in being accused of Treason, when I had from time to time (as his Majesty well knew) given all the marks imaginable of my Loyalty. I asked also the Nobleman's pardon for saying any thing that offended him or the Board, & so retired.  
Many other things I had to urge to the Council; as their great  and slight (hardly three days before) of Dangerfield's Testimony against Colonel Mansel; his not laying to my charge any Treason; for he accused me not positively of knowing what the Lords in the Tower had proposed to him; and that as for Mr. Oates' Charge, I had been imprisoned for it, and was then actually upon Bail. I say, I had many things to urge of this nature, which I deferred till I should be again called in; for I thought I was to be cleared or sentenced viuâ voce by the Board. But after an hours waiting, Sir Tho. Doleman told me, the Lords were risen, 
Sent to the Tower the second time.  and that there was an Order drawing to commit me for High-Treason to the Tower, where I was next day carried by Sergeant 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 show how far from any favour the Lords of the Privy-Council still were, for tho' in my Case there appeared matter enough to justify some Indulgence, had they pleased, yet they deemed it fit for me to undergo the trouble of a new Confinement, (notwithstanding 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 occasions, in publicly taxing the Board of Partiality on our behalf.  
As soon as I was brought to the Tower, 
Some Accidents in 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 denied access. On the Wednesday-night following, (viz. Nou. 5.) the Gentleman-Jaylor came to me for the Lieutenant's Fee; I answered, That if the Fee were precarious, and at the Prisoner's Will, (as I had often heard it was) the ask of it now, I thought, was ill timed, for one Courtesy deserved another; and then I desired to know the reason of this severe Confinement, especially when the Warrant, shown me by the Sergeant at Arms, mentioned only Safe-custody, which is the Liberty of the Tower in other terms. He answered, That the Lieutenant did still upon the receipt of a Prisoner, attend the King, to know his Commands, and accordingly he afterwards acted. I replied, Sir John Robinson followed 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 reputed Fee, that I deemed it as much his due as his Rents, seeing otherwise an Employment would not be such a favour as 'twas designed; so that to save him trouble for the future, he was to know, that I had already paid it. To whom, answered he? To Sir John Robinson, (replied 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, therefore 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 (continued I,) I shall suddenly inform both his Majesty and Council of Mr. Lieutenant's Arbitrary usage, contrary to their express Orders, and if they approved it, I should do the like also; In the mean time pray tell him of it, and bring me the Copy of my Commitment 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 answered, That the Clerk should have brought it, had he not been abroad all day, and therefore he begged 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 forthwith bring it, which he never did till the night following, which was Saturday; and then I sent him back with it, telling him, I had been put off too long, and that my Solicitor should call, when he lacked 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 Habeas Corpus Act, which obliges the King's 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 expressly 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 upon the King after his receiving of a Prisoner, to know fully his pleasure; and that if he had erred in the not understanding 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 assured me) his temper to be uneasy 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, etc. I answered, That kind usage was at least the interpreting Orders in the best sense, 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 Compliance 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 present Restraint, which when I had told him, with all the Particulars already mentioned, he took his leave; nor am I certain whether he said any thing about his Fee; but if he did, I shown 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 beginning, all parts of it were alike) I moved for my Habeas Corpus, 
I brought my Habeas Corp 72/80.  and so was brought on Friday the 21st. to the King's-Bench. The Judges asked me, What I desired? My Council answered, To be Bailed. Whereupon Mr. Attorney Levins was sent for, who said, That I was committed for High-Treason, (as appeared by my Commitment) and that I now had another Witness against me. I answered, 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-Treason in the highest nature, they would do the like now, when it specified High-Treason only. The Judges replied, That it was not (they thought) within their power. Then my Lords (said I) I demand my Trial. Do you hear Mr. Attorney (answered the Ch. Justice) what my Lord says, He demands his Trial? This seemed to surprise a great many, for it was the first time that any body had called for Trial, since the stirs about the Plot; and Mr. Sanders hearing my Request, moved, that it might be recorded. Whereupon Sir Francis Pemberton (out of Charity I suppose to an old Acquaintance and Client) replied, Do you know Mr. Sanders what you ask? would you have a Trial 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 pleased to order me a Rule, that I may again wait upon you, when you have considered my Case more throughly than your present great business will perchance give you leave. This I obtained at last, and so returned to the Tower; but before Wednesday following, (which was the day I intended to appear again) there happened this Accident, which put me out of all hopes of success in my business.  
Mr. Oats, 
An Accident.  since his greatness, had two men called Lane and Osborn, who informed one Knox (a late Servant to the Earl of Danby) that their Master had made a Sodomitical Attempt 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 King's Fvidence, etc. And their Trial happened on Tuesday the 25 th'. of November, being the day that just preceded my aforesaid intended second Appearance. These not being found competent to cope with Mr. Oats, to make their Conspiracy plain and indisputable, had also Mr. Dangerfield, as a Witness against them. His Evidence brought up the Rear, and lay heaviest on Catholics, 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 knowing 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 presently 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 countenance a false Accusation so far as to desist for it, from doing what I had publicly declared before. 
Second Appearance.  I went therefore to the Hall as I designed; but finding it ordered, (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 Council acquaint the Court, that I had been there, and then to demand a new Rule for Friday; which being granted, I appeared accordingly, 
Third Appearance.  and found the Judges (as I expected) 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 pleased to any Charge; and that in the mean time, I hoped, they would not deny 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-Treason a slight and insufficient accusation, but I use the word Only, as some inducement to you to grant my Request, by remembering you, as I did t'other day, that I was bailed, when my Commitment mentioned High-Treason in the highest nature; and therefore I cannot doubt of less favour now, that it runs in a more soft and gentle phrase. Besides (continued I) give me leave to acquaint your Lordships, that my Council are of opinion, that I have the Law on my side. It is strange your Council should tell you so, replied the Ch. Justice. My Lord (says Mr. Sanders to me) your Solicitor has I suppose wrongly informed you; and then Mr. Scroggs turning to me, desired I would name the Council. This Answer of theirs a little surprised me; for I thought a Lawyer that takes a Fee, advises 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 reflection on these Gentlemen, but to show how high the storm was, when Lawyers themselves feared to countenance their Clients, if their Case seemed in the least dubious or disgustful. Desiring then no Disputes with my own Council, I addressed myself 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 often received of their Lordships; that I did acquiesce in their Judgement, and could now with satisfaction go back to prison, having performed the duty which I thought myself obliged to; that I hoped no misfortune of mine would be a prejudice to others; And lastly, I entreated them to remember, that I did again and again demand Trial; for being wholly innocent, I would not wave it, were there as many such Witnesses against me as could stand between Westminster and the Tower. Their Lordships received what I said very civilly, adding again, that they were sorry they could not relieve me, and so I presently returned.  

Fees again demanded.  Some few nights after the Gentleman-Gaoler came again to me in Mr. Lieutenant's Name for his Fee. I answered, I thought I had already satisfied him in that point; but if it were otherwise, I could not help it, for I had no more to say. He replied to this effect, That the Lieutenant would use means, he believed, to have it, and locking the doors, departed. Next morning I was hardly dressed, when one of my men came and told me, that the Lieutenant passing by had called for the Warder, who presently returned with this Order; That for the future he was to be in the Room whenever I gave or received Visits: I bade him do his duty, for it was equal to me who heard my discourse; but I would nevertheless shortly know by what Authority Mr. Cheek dealt thus with me. Therefore as soon as the Council sat, I sent a Petition to the King and Lords, in which I shown them what Mr. Cheek had done; and withal, that it was contrary not only to the practice of the Tower, but to their own late positive Commands; that his pretence for his arbitrary proceeding was, because I refused 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 publicly read, but the King thought fit not to order any thing thereupon; for there happened also at the same time other Petitions about Fees; and his Majesty (as I was informed) had hints beforehand, how prejudicial it would be to his Officers, if he countenanced those that refused the paying of them. But tho' he ordered nothing (as I said) in this Affair, yet, I believe, the Lieutenant was advised to be a little careful of what he did; for he seemed afterwards not so rigorous as in the beginning; and truly (for my own part) I thought, by this his more civil carriage, he was convinced that I had Right on my side, and consequently that he would not pursue the business any further.  
Within a while after, 
1679/80.  Hilary Term began, and ask then the opinion of some Friends, what I had best do; they told me, That I had sufficiently acquainted the Court with my desire of Trial; 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 pleasure; and that certainly I should in course be either suddenly brought to Bar, or bailed. 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 longer behindhand, I ordered my Council to demand Trial on the very first day of the said Term, 
Easter Term, 1680.  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 tried or set at liberty in Trinity Term, which beginning within less than three weeks after, I thought it not worth the troubling of myself or friends, to take the advantage of the late Act as to Bail in the mean while.  
When this Term came, 
Trin. Term, 80.  I was forced to a very unusual trouble and charge, viz. to move for my Arraignment, and to pay for the Habeas Corpus, etc. which brought me down. Now the reason why I thus pressed on, was, because if the day of my Trial were not appointed, (which I knew could not, or would not be till I were arraigned) several of my Witnesses might fail me in coming to Town; and than if Mr. Attorney (at the latter end of the said Term) should tell me he was ready, I must either enter these Lists unarmed, or take it as a mighty favour to lie in Prison till Michaelmas. So much then for the Preliminaries; and now for my Arraignment and Trial.  

My Arraignment and Trial.  
ON Tuesday the 15th. of June, 1680. 
My Arraignment and Trial.  I was arraigned at the King's-Bench Bar, for intending to disturb the peace of the Kingdom, to kill the King, levy War, and alter the established Religion to the Superstition of the Church of Rome; to which after I had pleaded Not Guilty, and put myself upon my Country, I was remanded to the Tower, Wednesday 23d. being appointed for my Trial. About 8 of the clock that day, I was again brought by Mr. Lieutenant to the same Bar, and towards 9 the Trial 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 called, I acquainted the Judges, That that Gentleman was my near Relation, and that I left it to their Lordships to determine whether he should stand or no. The Court was well satisfied with this procedure, intimating, that I depended (it seemed) more on my Innocence than Friends, and so laying Mr. Jenyns aside, Mr. Harriot succeeded. Mr. Cheney followed him; but upon Mr. Johnson's appearance, I said to this effect; That tho' I had not hitherto challenged any body, yet I was unwilling that my Jury should be composed wholly of such as were interested in the late Attainders about the Plot; therefore to save their Lordships some time and trouble, I desired them to order, that no more of those Gentlemen should be proposed to me. The Ch. Justice answered, That it was the Prisoner's part, and not the Courts to except; therefore your Lordship must do it (says he) yourself, when you think you are aggrieved. I replied, 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 called) could not easily get into Court for the press, I bade the Clerk go on, the next on the Roll supplying 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 resolved Combs, 
Advertisement.  the late Publisher of my Trial was, to render it as disadvantageous 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 mentioned 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 falsehood almost in every thing, he makes Mr. Justice Raimond to speak extremely often, tho' he said not one word to me all the while. This, I confess, may be yet gathered by his Relation, that I was almost 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 Transactions of this nature, since every Trial is complained 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-cautious Action. And thus, Reader, begging pardon for the present Digression, I shall now proceed.  
After this, the Indictment was again read; and when the King's Council, (viz. Mr. Attorney, Mr. Solicitor, Sir George Jeoffries, and Sir Ir. Withens) had dilated on it, they called for Mr. Oates; but as I was about to speak, I found two Difficulties therein; the one from the Auditory, who often desired 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 Lordships well knew by my often demanding Trial) long wished 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 myself into the Protection of that Excellent Court, and Seat of Justice, where I should find (I was sure) their Lordships as well my Council as my Judges, and receive also of them all the legal Favours usually granted Prisoners. Mr. Attorney interrupting me again, before I had quite ended the last words; the Ch. Justice asked, If I had any thing against Mr. Oats; meaning (as I supposed) a legal Impediment, why he should not be heard? I answered, No; but that I threw myself into the Protection of the Court, and was ready now to hear, what the Man had to say; whereupon he was sworn, and then he accused me thus:  
That in the year 77. 
Mr. Oat's Evidence.  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 expressed, how zealous they of Spain were, in joining 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 delivered the said Letter to Provincial Strange at London for me, and saw afterwards at St. Omers a Letter of mine, which (to his remembrance) was the first he had seen; where●n I acknowledged the receipt of that he brought me from Spain, and rejoiced ●t the good opinion the Spanish Fathers had of me; that he (being privy to the Jesuits Letters) saw also several others subscribed sometimes Palmer, sometimes Castlemain, and owned 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 desired to have the Secular Clergy engaged; for I thought them to be a lose sort of men, of no Principles, and consequently unfit to be trusted. He further said, (after several 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 desired 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 liked, they met me in Lincolns-Inne-fields; that Mr. Langworth saluting me, recommended him the said Mr. Oats 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 Chamber, where they acquainted me with the Transactions of the April Consult, in relation to the Death of the King, and the introducing of the Catholic 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 revenged 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 Superscription of a Letter, which I gave him to carry to the general Posthouse in London, 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. Oats several Questions; for (in these Trials about the Plot) the Accused were still admonished to stay, till the Witness had finished his Evidence; but first I bade him repeat his Journey, which he did thus; That he went to Spain in Apr. 77. that he returned 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, answered he. Was there any body with me? I cannot remember that, replied he. But some in the Court said, 'Twas probable I was alone. Whereupon I then answered, That Mr. Oates was the first, I believed, that ever saw me in Lincolns-Inn-fields alone, and on foot. You saw, Mr. Oates, (continued I) Letters from me in Spain? Yes, answered he. Do not you say, Mr. Oates, (replied I) that you did not know me at Fenwick 's Chamber? I did not know you (answered 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 discourse with me after? Not to my remembrance, (answered he.) Did you ever see me, said I, at Liege? No, answered he; I came thither over night, (with one that was to take Orders) and returned next morning. Did you see me in any other place beyond Sea, said I again? No, replied he. Mr. Oats, (said I) you lay to my charge here, the saying in Mr. Fenwicks' Chamber, that I should now be revenged; 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 (answered 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 proposed it only to entrap and catch Mr. Oates. Catch him, replied I? I confess it, and that all my Questions are for that intent; but how can any thing be foreign, that proves him a Liar and an ill man? and how can one be catched that speaks Truth, being also sure of a favourable hearing in his explanation, and the King's Council to back it? Therefore, Mr. Oates, (continued I) did you tell the King or no, that you saw it? I said, (answered he) that it was the Report among the Fathers; and it was also part of the Discourse 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 (replied I) tell the King, you saw the Divorce in Mr. Strange his hands, and that he showed it you? I told the King, (answered 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 foreign Questions might be asked, no body could defend himself. 'Tis not, Mr. Attorney, (answered the Ch. Justice) so very remote, if my Lord would come to application. Mr. Attorney replied, That any man might be catched 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 catched that speaks truth; nor will Mr. Attorney give me leave to catch Mr. Oates. He answered, That I had liberty in whatever belonged to the Evidence. I come to show (replied I) the fitness of my Question in this Affair; for Mr. Oates having accused me of being at Wild-house, of meeting him in Lincolns-Inn fields, of assenting to the King's Death, because I would be revenged; therefore since he has brought the King upon the Stage, I'll now refresh his Memory, by telling him what he accused 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, (answered he) that I said so; but I remember you said, you had been at great Expense about one. I hope now (my Lord) (replied Mr. Attorney) he has given you a satisfactory Answer. 'Tis very well at present, (answered 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 desired he might not stir, till the end of the Trial, unless it were a general Privilege allowed to Witnesses, which being determined in the Affirmative, I rested satisfied, and then Mr. Dangerfield took his place.  
Now before he was sworn, I told the Judges, that he could not, I conceived, be a Witness, and therefore prayed he might be laid aside. The Ch. Justice asked, Why? Because (answered I) he has committed so many enormous Crimes, and those upon Record, that by Law he cannot be heard in any Court of Judicature. What Records (replied the Ch. Justice) have you? There are fourteen (answered I) already found; but not to be too troublesome to your Lordships, I only offer you six; which prove how he has been pillored, burnt in the hand, and even outlawed for Felony; whereupon my Solicitor (being called) delivered them to the Clerk.  
The 1st. Record showed, That having, 
* 25 Car. 2.  Anno 73. stolen 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. proved, That being, 
* 27 Car. 2. Mar. 1.  Anno 75. at Chelmsford-Assizes, (held before Sir Thomas Twisden) indicted, for stealing from one Tatterson 4 l. 10 s. he broke Prison before he could be tried, and was thereupon outlawed.  
The 3d. 4th. and 5th. showed, That at the Assizes, 
* 29 Car. 2. Aug. 4.  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 condemned 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, 
* 30 Car. 2. May 16.  Anno 78. of his again venting false Guinneys, for which (besides Imprisonment) he was fined 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, whether Dangerfield could be heard as a Witness, I demanded Council to argue it; and had Mr. Jones, Mr. Sanders, and Mr. Darnel, assigned me. Mr. Jones said he was not prepared; Mr. Sanders happened not to be in Court; so that Mr. Darnel addressing himself to the Judges, very learnedly spoke to this effect:  
I conceive (with submission to your Lordships) that notwithstanding this Pardon, Dangerfield cannot be a Witness, because the Pardon hath only taken away the Punishment, and not the Gild of his Offence. My Lords, It is adjudged in 
* Fol. 41.  11 Hen. 4. That a man attainted of Felony, (as Dangerfield is) tho' he be afterwards pardoned, 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 Goldsborough's 
* Fol. 34.  Reports; and my Lord Cook in Brown's and Crashaw's Case, (reported by Mr. Bulstrode) was of the same 
* 2d. Rep. fol. 154.  opinion; viz. That a man attainted, tho' pardoned, 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. Brownlow's 
* Fol. 47.  2d. Report, 'tis adjudged, That if the King pardons a man attainted for giving a false Verdict, yet he shall not be at another time impanell'd upon any Jury; for tho' the Punishment be pardoned, the Gild remains: Upon which Authorities I humbly submit to your Judgements, whether Dangerfield can be a Witness.  
Mr. Attorney on the contrary urged, That the King's Pardon had not only taken away the Punishment; but the Gild 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 offered Trial by Battle, and the Plaintiff counterpleaded it by saying, The Defendant being apprehended, escaped and broke Prison, which presumes a guiltiness; but (proceeds he) if the King pardons that breaking of Prison, the Desendant shall be restored to the Battle, and the Counterplea taken away, Mr. Solicitor argued to the same purpose; That the King's Pardon doth not only clear the Offence itself, but all the Dependencies, Penalties, and Disabilities incident to it. Mr. Sergeant Jeofferies' 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 Pardon to be a Witness; and this Sir Francis Withens did also much insist upon. The Court answered as to the Practice, That perhaps no Exception had been made to it by the Parties concerned; but doubting a little Mr. Darnel's Citations, they called 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 Dangerfield) upon an Outlawry for Felony, could not be a Witness, tho' pardoned; but if attainted, and burnt in the hand, he might. Now this being thought the present Case, tho' since upon further consideration it is found to have been a mistake; for Dangerfield was not burnt in the hand for the Felony upon which he was Outlawed, but lately pardoned; so that by reason of that Attainder, he can never be again a legal Witness. I say, this being 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 considered; and thereupon he was sworn, the Dispute having lasted above an hour.  
His Evidence was this; 
Dangerfield's Evidence.  That being sent to me with a Letter from my Lady Powis, which he gave me, I dispatched him back with an Answer, which her Ladyship opened and read aloud in his presence, Mrs. Cellier being also by: That the said Answer expressed a liking of him the said Dangerfield, 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 Trials: That when any One was out of his Part, it was common for to say, I must go to my Lord Castlemain; and being asked by the Ch. Justice, Who said so? He answered, That among others, he heard Gifford say it: That I ordered the taking Lane out of Prison: That I approved of the Letters and List of Names, which he brought me from Mr. Nevil, alias Pain, to be conveyed into the Houses of the Presbyterians, being all to the same effect with those he had already put into Col. Mansel's Chamber, tending to the credit of the Sham-Plot: That to this end I ordered him to employ men to transcribe the said Letters: That I being informed by a Letter from him, that the Persons employed had finished 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 proposed to you? He asked, If it were to kill the King? And I answered, 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 Compendium; 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 used to call the King TYRANT; and being asked how and upon what occasion I said so; He answered, That if he demanded of me (for example) when his Majesty returned 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 asked 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 therefore forbade Mrs. Cellier from ever sending him any more to my House; telling her withal, If he came, I would order my Servants to kick him? This he absolutely denied; and then I said, I should now (with the Courts Permission) produce Evidence to disprove what had been alleged against me, and that I would begin with Mr. Oates; tho' I could not but rejoice, that Mr. Dangerfield was received as a Witness, since every word that he had mentioned to them should be proved a notorious Lye.  
The 1st thing I offered, 
Mr. Parker and the Hastings Record.  was, (after the calling for Mr. Parker) a Record from Hastings, which showed, that Mr. Oates had (Anno 1675.) accused this Parker of Sodomy, and that He having been tried for it, was by the Jury brought in Not Guilty. The Ch. Justice asked me, What I meant by this; for it followed not (he said) because the Jury, did not find a Charge, that therefore the Accuser was to be deemed forsworn? I do not (my Lord) (replied 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 induced the Jury to their Verdict; to wit, The known antecedent Malice of Mr. Oats against Mr. Parker, and the positive Testimony of Neighbours against him; for some averred, That they being then in, or near the Place where the Fact was said to be committed, saw not Mr. Parker there; and others, That Mr. Parker was with them all that Afternoon at a merry Meeting. Mr. Justice Dolbin answered, That Mr. Oates stood not there to answer all pretended faults; and the Ch. Justice asked, That supposing it true, that Mr. Oates prosecuted a man for Felony, 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 Defendants Evidence must be perjured when it goes for the Plaintiff, and the Plaintiffs when it goes for the Defendant. My Lord, (answered I) this is my Inference, 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 Villainy and Practice. The Ch. Justice replied, That no body knew the Motives of the Jury but themselves; and that the business amounted to nothing. Here is also, (said I) an Order of Council, which shows how malicious and designed Mr. Oats his Accusation was; for whilst this young Parker was in Prison, expecting his Trial, the said Mr. Oats (to take all comfort 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 securing him by a Messenger, he remained in Custody, till the King (upon the examination of the whole Matter at the Board) declared him wronged; and then dismissing him, sent away Oats with the greatest Contempt imaginable. Was this, says the Ch. Justice, before the Plot? Yes, my Lord, answered I. 'Tis of no moment, replied 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 answered, (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 (continueth the Ch. Justice?) Having thus, (My Lord) (said I) showed 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 (answered the Ch. Justice) there's a Rowland for your Oliver.  
Mr. 
Mr. Berry.  Berry, alias Hutchinson, (who was the man) appeared at Call; and I, to show the said Berry's familiarity and great acquaintance with Mr. Oates, demanded, If he had not formerly reconciled 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 charged him with Treason? I replied, That he had been a Popish Priest, but was now converted, and had publicly acknowledged 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 Country, about April 77. he found Mr. Oats ready to go to Valadolid, where he went to study his Philosophy and Divinity: That he received from thence Letters from him: That in the Winter following, (when he came to London again) he understood Mr. Oates was returned, 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 College, and that he would suffer no more for Conscience, it being a hard thing to want Bread: That finding Mr. Oats in so poor a condition, he the said Mr. Berry, employed him to write several by-things for him, and gave him 10 s. for his pains: That Mr. Oats did much complain of the Jesuits, because they did not regard him; and said, That they had offered him a Futler's place: That after the Discovery made by Mr. Oates, he the said Mr. Berry went and questioned him very much about the things he had accused the Jesuits of, saying, that he heard, that the Scholars of St. Omers, (who were at least sixscore in number) and not only virtuous persons, as he (Mr. Berry) well knew, but often commended as such by Mr. Oates himself) could witness his being at the College with them, when he pretended his being here in Town; to which Mr. Oats answered, That he valued not what they could say, for they were all outlawed 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 punged, the said Mr. Berry began to exhort him to speak Truth, and to remember there was a God in Heaven, with more to that purpose; but the King's Council instead of applauding his Serinon, laid again Treason to his charge, as having persuaded a Subject to the Popish Religion, and having no Pardon. They pressed therefore to have his Confession recorded, and him consequently secured. 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 sense, I had brought my Witness to the Gallows; and asked also my Council, if he had methodised that excellent Evidence? I repeated to him, That Mr. Berry 's Conversion to the Protestant Religion had wiped away all faults of that nature; 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 arguing, Mr. Berry slipped away, which being at last perceived, they commanded him to be recalled; and then the Ch. Justice asked him, What Religion he was of? He answered, 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 called, and refusing to do it, a grave and Reverend Divine, (who was Dean of Rippon, as I was told) risen up and acquainted the Court, that this Mr. Berry was his Curate at Barking; that the Bishop of London, having heard something against his Preaching, had sent him (the said Doctor) word, that he would provide him another; and that last Saturday at Dinner his Lordship told him, he was distracted. Mr. Oats presently acknowledged, that he had known, and looked upon him to be such a one; and so without more words he was dismissed.  
Then I called for one Mr. 
Mr. Armstrong.  Armstrong, and asked him, If he had not been Mr. Oates' School-fellow at Valladolid? He answered, Yes; and so I desired 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. Oats 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. Oats answered, That he was ready to Commence, when Armstrong and other Youths came, who being but Strangers, and not understanding their Philosophical Dictates, the Fathers desired him, (Oats) to teach them, and to show them the way to School, which he twice or thrice did. Armstrong replied, That it was not so, and that Oats was but a Scholar himself as the rest were.  
After this I called for Mr. 
Mr. Palmer, and Mr. Dorrington.  Dorrington and Mr. Palmer; Mr. Palmer first appearing, I entreated him to give an account of Mr. Oates' condition at St. Omers; who said, That Oats was but a Scholar there whilst he stayed; that he still went to School, and played with the rest of the Schoolboys; but being an ancient man, he had more freedom than the rest, and so sat at a by-Table in the Refectory, between the Fathers and Scholars. Mr. Dorrington could not for the Crowd presently get into Court; but way being at last made, I asked him the same thing, which he affirmed, and so retired.  
The next Call was for Mr. 
Mr. Grigson, and Rigby.  Grigson and Ellen Rigby; Grigson coming in, I asked him, if Mr. Oates were not his Lodger? He answered, Yes, at Easter, 77. as also after; and in short declared, that he was in a poor condition during his stay with him. Mr. Oates asked 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 testify, (as she had done in Sir Geo. Wakeman's Trial) That Mr. Oats used (in the year 78.) to beg of Mr. Pickering in the Savoy, 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 denied not his poor condition, but confessed, he had nothing to live upon but what he was allowed by the Jesu●…; Whereupon the Court said, that it se●…d they allowed him but very meanly.  
These Witnesses being gone, I asked Mr. Oates, whether he did not say, he came over with Mr. Hildesley to the Consult in April 1678? He answered, Yes; and then Mr. 
Mr Hildesley.  Hildesley was called, who absolutely denied his coming over with him. The Court said, That this business had already been before them, and that Mr. Oates his being then in Town was proved by others. I do not (replied I) come now to meddle with that business, neither shall I bring any old thing before the Court, without some new proof or inference; and thereupon I called one Mr. Osborn, 
Mr. Osborn.  who declared to this purpose; That in April 78. he met Mr. Hildesley newly come from St. Omers, and discoursing with him about their former Schoolfellows, and what new ones were then there, Mr. Hildesley said, He had left there among others a Minister at School called Samson Lucy, his true Name being Oats; but that he demeaned himself so ill, that he believed 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 Ladies of quality ready (one of them being a Protestant) to witness, that Mr. Osborn had told them this very Story at that time, to wit in Apr. 78. 
Advertisement.  For the Reader must know, that these collateral Witnesses talking (it seems) about a Gentlewoman in Berkshire, 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 newly come from St. Omers, and so told them the Discourse they had had together; which passage being remembered by the Protestant Lady, after Mr. Oates 's Discovery, 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 Oats came not over with him, as he swears; and Mr. Justice Jones was pleased 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 otherwise being still a Hear-say; yet the Jury might, if they pleased, 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 called for Mr. Lytcott, another of my Witnesses, to prove, that I had never offered at a Divorce, and consequently that even Mr. Oates' present Testimony, of my declaring, that I had spent much money about one, was a lie. Having therefore desired him to speak, he said, That it was morally impossible there should be a Divorce, because (he knew) there was never such a Design. The Court not liking the Issue, seemed from the beginning to discourage it, which I desired, 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 pleased to think the Evidence could be of no moment. But I urged, that it would certainly be material; for if he proved, (as I knew both he and others could) that I never endeavoured at a Divorce, than it was false that I spent money about one. Besides Mr. Oates, (as should be proved, if their Lordships had forgotten it) had accused me, even in that very Court before 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 never offered at it— The Court (interrupting 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 Trial charged me with saying, That I had spent much money about the Divorce, whenas I had never aimed at it; my Lord Chief Justice said, He would acquaint me with the usual proceed of a Court in this nature; viz. That if I should come to prove a Falsehood sworn by Mr. Oates in another place, they were not to take notice of it, since I must have first proved him perjured, which was not their business now to try; for if what I pretended to were granted, I might make what Witness I pleased a Liar, because being unprepared 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 (continued he) Mr. Oats 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 answered as I had done before, That I never so much as offered at one, and therefore could not spend money about it: That his seeing of it, was his constant charge, and that if he lied in one thing, he might do so in another. 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 Indictments against Mr. Ireland, and Mr. Langhorn, according to my Council's Directions, but that he would not deliver them without Mr. Attorney's Warrant, who refused one, tho' often solicited, as those that waited upon him could attest. I bade them (answered Mr. Attorney) first petition the King and Council for an Order, and when they did so, it was not granted them. I know (replied I) that the Council would not; but yet I did all I could in the Affair. The Court still deeming Mr. Oates' 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 urged again, That he had averred it in that very Court before their Lordships; which they all assured me, they did not remember. Finding it therefore ungrateful to bring this business to a further examination, I submitted the whole to them, tho' I offered to prove, what they had forgotten, and so I bade Mr. Lytcott withdraw.  
Then the Court commanded the Records (already mentioned against Dangerfield) to be read; which being done, 
Mr. Duddel, and Mrs. Ceiliere.  I called for one Mr. Duddel, (who had been formerly a Witness subpoena'd against Mrs. Cellier by Dangerfield) as also for Mrs. Cellier herself. At her appearing some of the Auditory began to hiss; but upon 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 Trial. I asked then Mrs. Cellier, 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 Dangerfield came more to my House, I would make my Servant kick him? She acknowledged all to be true, affirming, that it happened on that very 
* June 23.29.  day twelvemonth; besides, she protested, she would have sent him after to me with a Letter, but that he refused it, saying, he would rather go a hundred miles than come near me. But Dangerfield denying all, Mr. Duddel positively witnessed, That the said Dangerfield had (about a week after the Execution of the five Jesuits) expressed to him the great trouble he was in at my anger, for his going to the Tower as aforesaid. 
My Lady Powis.  I desired also that my Lady Powis (who then happened to be in Court) might be asked, Whether she had written to me by Dangerfield, as he had sworn? Which being done, her Ladyship (standing in her place) solemnly declared, She never sent Letter to me, or any body else by Dangerfield; that she received none from me, nor from any body else by him; nor ever read one to any body in his presence. Mrs. Celliere being called back, declared also, that she never knew or heard of any thus brought from me. And then I acquainted the Judges, that I would now disprove the Lie, of my teaching the St. Omers Scholars their Lesson, as Dangerfield said I had done; but the King's Council hindered me, by calling of Counter-Witnesses to confirm my Adversaries Testimony; and these were Sir Richard Barker, Mr. Lawson, Mr. Turner, and one Woodman, who all testified as follows:  
Sir Richard Barker began, 
Sir R. Barker.  and related (as he had done in the Jesuits and Mr. Langhorn's Trial) how his Servants acquainted him of Mr. Oates' being at his House before Whitsuntide 78. but upon my telling the Court, that I meddled not now with that Matter, the Knight was dismissed; and so there was no need of his Maid or Boy, who were at hand, as the King's Council informed the Court. 
Mr. Lawson.  Mr. Lawson was next called 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 called Turner, which proceeded (as we since found) from this; That he (the said Mr. Lawson) being subpoena'd by Dangerfield the night before, had declared 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 attend that Circuit. Now this Evidence (so diametrically opposite to Dangerfield's Oath) would have demonstrated his falsehood; and therefore having timely notice of it, He, or some of his Gang caused Mr. Attorney to stop, as I mentioned; and Turner being called, was asked, 
Mr. Turner.  When he saw Dangerfield last at my House? The man appearing in as great confusion and disorder, as any one can be imagined that comes into so great an Assembly, answered, That he could not exactly tell. The Court bade him tell as near as he could. He replied, He believed in June, about Mr. Langhorn's Trial. Might it not have been (said the Chief Justice) in July? He answered, He thought it might. But why (said the Ch. Justice again) might it not be in August? He (continuing still confused) answered, He could not be positive, but he believed it was in July. Did you then see Dangerfield (said the Court) with my Lord? No, (answered he) As I was coming down stairs, I saw him in a Room below waiting. Woodman being called, 
Woodman.  was questioned 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 received there about 3 l. But being asked, Whether it were for Dangerfield? he replied, He knew nothing of that, but thought it was for the Prisoners.  
These are all the Witnesses pro and con; and now I called for Mr. Lytcott again, as one of my Witnesses to disprove Dangerfield's Lie about my Teaching the St. Omers Scholars; for I confess, that I was more concerned at this Calumny, than at all the rest; But when Mr. Justice Dolben told me, that he would undertake 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 addressing myself to the Bench, I said; That I would now with their permission make a Recapitulation of what had passed; and so going to peruse my Notes, (for I had written a great deal) the Ch. Justice replied, 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 Trial:) 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 otherwise. This had no little weight with me; and besides it would be infinitely advantageous 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 grateful, I was willing the Ch. Justice should presently sum up the Evidence; who having begun, was interrupted by the Attorney; 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 urged, That there were two positive Witnesses; that tho' something might be objected against Dangerfield, yet Robberies were to be discovered by Robbers, and Treason by Traitors; that notwithstanding he had formerly been dishonest, he might be otherwise now; and that Turner had proved his being at my House in July or August. Upon this again I offered at my Defence, but the Ch. Justice risen up to be gone; therefore considering with myself the former Reasons, as also that my Defence could be but natural Inferences, from what my Accusers, or my own Witnesses had affirmed, (which (methought) might occur to any body at the bare summing up of things) I desired 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 mentioned, as being nicely careful when the King's Life is concerned. Then he showed what Mr. Oates had alleged; 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 accused when a Jury goes against his Testimony. That Hildesley denies his coming over with him in the Packet Boat, but yet it was probable, that Mr. Oates was here, which I seemed to admit. That the Jury must consider things probable and inprobable, or else that the confidence of a Swearer might take away any man's life. That truly he understood not, how I could be so free, when Mr, Oats neither knew me, nor knows whether 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 infamous were proved against Oats, yet there was enough against him; That 'tis the Duty of a Judge to make just Observations 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 Traitor, he had been as good a Witness as Oats, 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 consider. That in disproof of Dangerfield my Lady Powis and Mis. Cellier affirmed no Letter was sent from me; That it had been proved too, that I forbidden him my House in June or the beginning of July, and that he then declared he had rather go 100 miles than come near me; which not only contradicts, what he deposed, to wit, That I was never angry with him before he refused the Treason proposed by me; but shows also a great improbability, that I would be thus angry with him for going to the Tower in my name, and so angry also upon his refusing to kill the King. That Turner cannot 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 Oats and Dangerfield, for one might be believed, when perchance the other might not; That if two Witnesses be produced, and one only of Credit, there is but one Witness to be reckoned 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 summed the Evidence which was approved of by the rest; and tho' it were so clear, that he who afterwards should have condemned me, would have done it (I dare say) if one had risen from the Dead, yet it was not (I must confess) all I intended, 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 occasioned various discourses and guesses all about; for some would have it an infallible sign of my Condemnation; but others were of the contrary sentiment, 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 approved with a great shout over all the Hall, which was seconded by another in the Palace-yard; and truly I must needs say, that I found every body extremely satisfied with my success, as I passed through the Crowd to my Coach. I mention not this, as if I thought any Catholic (and much less myself) popular, but I do it to show that no people are naturally so well pleased with the preservation of a Fellow-Subject, as Englishmen, and consequently how necessary it is to ferment their Passions, and to put them quite besides themselves, before their humour can turn bloody and inhuman.  
These are the Particulars of my Trial; 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 obvious Deductions from the Premises.   

My Defence.  
THat of any Crime, 
My Defence.  I never 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 satisfied, (since 'twas my Fate to be accused) 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 Dangerfield's 
* Oct 79. Dang. Nar. p. 49.  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 perused and read my Letters, (and who makes himself also so necessary an Instrument, and Manager here in England, that few, if any, concealed their Treason from him) it has been proved by his very Schoolfellows, 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 departure. That at his return to London, (tho' it were in the heat of the Plot, and principal time of the Transactions in question) he is found to have been in the most lamentable and contemptible condition that could be imagined; as transcribing 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 esteeemed and valued 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 confessed it; a thing very strange, supposing him only a Confederate 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 Catholics thus hanging on his Lips. That as for Mr. Berry, if he were ever distempered 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. Oats was pleased 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 acknowledged; and this also to one of no Garb, of no seeming extraordinary parts, and so mean also in his rank and condition, that I sent him (as he himself says) to the general Posthouse in London with a Letter: Nor is this Letter pretended to have Treason in it; for he tells us, that he only saw its Superscription; 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 fellow-Plotter, the main danger being at the Posthouse, where Letters lie at six and seven, and are also often opened in suspicious times by Authority. That it was hardly credible for him not to remember (as he now swears) that he said he had seen my Divorce, since he publicly accused me of it four times; to wit, before the Commons; before the Justices of Westminster, who by an Order of that House first committed me; before the Judges of this Court, and before the King in Council, 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 acknowledges, that he told him so in that very month, even when there could be no possible end or design in Hildesley to lie; and Mr. Osborn is so far from a capacity of being suborned, that there are even Protestant Witnesses of quality, to vouch his Evidence That it was very unlikely, that I should inveigh in a Letter of mine against the Seculars, since most of the Catholics in Town, and several Protestants in Court will testify, that none ever belonged to me but a Secular; nor was the whole Body of the Clergy 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 never heard his Name mentioned, (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 Imprisonment. That I hope my word (having always lived with repute among my Acquaintance) shall be sooner taken, than a man's who has already (as appears by the Accusation of young Parker) been censured and disbelieved even by Juries themselves, where he was their Minister; and this upon account of evil practices, as I have shown, and as Mr. Parker would have fully proved; nor should I have failed of convicting him long ago of Perjury, had I not been hindered in it as aforesaid. That Mr. Oates' Falsehood, and consequently my Acquittal, 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 present Bill; for as they could lawfully (upon Oath made) declare it Billa vera, and therefore that the Party accused aught to be tried for his life, so the Parliament upon like Information might justly put the People upon their guard, and securing the suspected, call whom they pleased 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 arraign the Courts, that sentenced Mr. Coleman 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 
* N. B. Lest any body should question whether Mr. Oates did thus contradict himself, the Reader is to know, that the Particulars are all mentioned, even by his Friend, the late Publisher of this Trial, as the Pages in the Margin show.  contradicted himself even in this Trial, in saying, 
(a) Pag. 22  That he saw Letters of mine in Spain; for upon another question, the 
(b) P. 12.  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) P. 16.  several weeks after his Return from Spain. Besides, the words, As near as I can remember, confirm further the Abuse, showing us the whole Mystery, and how the false-Step happened; viz. That the question about the St. Omer Letters being casual, and he having forgotten the Account given of his Spanish Intrigues, the Affirmation Yes, occurred 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 pressed and put to it. In the next place, (after that notorious Shuffle, of his not remembering, that he said he had seen my Divorce) he mends the business with swearing, that part of our Discourse at 
(d) P. 25.  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) P. 23.  knew me not at Wild-house. Again, To evade (if he could) Mr. Armstrong's material Evidence of his (the said Oates') being but an ordinary Scholar at Valladolid; for he went to the same School with him and the rest, and lived as the others did, without distinction; nay Mr. Berry also, (by Mr. Oates' own Letters) witnessed the same thing: I say, to avoid this, he would have it, That, by the desires, forsooth, of the Fathers, he went only twice or thrice to show them the way to School; which is so wild an Invention, that it equals any contradiction 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 Logic 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. Oats 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 against 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 Jury of his Neighbours and Acquaintance to be of a malicious humour, to allege Particulars that several of known Integrity have disproven, and consequently that he was not to be believed, what Jury that is convinced of the said Procedure, can afterwards depend on his bare Testimony in an Accusation of the like nature, especially when it is as apparent as the day, how far his Interest as well as Malice is thereby gratified.  
Now for Dangerfield he is so notorious and scandalous, that there is no man perchance in England against whom there have been more recorded Villainies; 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 convicted and punished for falsely 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 acquaintance 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 kicked; That this great displeasure of mine was not only confessed by Dangerfield, when I was examined by the King and Council, but is proved now both by Mrs. Cellier and Mr. Duddel, whom He (the said Dangerfield) complained 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 terrify him with my words and gestures so, as to make him (as he swears) run down Stairs, and to be gone for good and all. That it is a falsehood, and contradiction 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 threatened to have him kicked (as aforesaid) if ever he came near me more. Besides how ridiculous it is, to say, that the Lords (were they the greatest Traitors in the World) would propose to an unknown Fellow such a Design, who was sure of a better reward by discovering it, than they could give for doing it. That it is a prodigious and unparallelled Impudence, and of a sad consequence also, to have a Witness thus mince and enlarge his Evidence at pleasure; for at the Council when I was Committed, he only charged me with being angry with him for not doing what the Lords proposed, but never said, I expressed what the Proposal was; whereas he accuses me at present of absolutely confessing it to be the kill of his Majesty, though it be nonsense and incredible, as has been shown; and that his former Accusation was only thus, I appeal not only to his 
* vid. Dang. Nar. p. 23.  Narrative, but to the King himself and all the Lords that attended him there in Council. That 'tis evident that Dangerfield calls for Counter-Witnesses only to confound 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 Dangerfield, 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. Neither does Turner say, he saw me and Dangerfield together, but that he was expecting below; and who can tell had this been as late as July but he might come to speak with one of my Footboys? That it is false he ever carried Letters from me to the Countess of Powis, and she herself 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 Untruth, that I did teach the St. Omer Youths, what they were to witness; for Protestants in Court can testify, 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 Trial, they found it confirmed by the whole College, and saw fourteen of the chief Scholars (among which was Gifford) make Oath before the City Magistrates, That the said Oats never lay out of the College from the 10th of Dec. 77. to the 23 of June following, but one night at Watten; for that he the said Oats 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 taking notice of it. Nor can this Testimony be invented by me to serve a present Turn, since the than Certificate of the Premises (under the very Seal of that City) is not only here in Court, but printed in the Compendium before ever I was accused by Dangerfield; Nay, which is more, in the Letter from Mons, a Pamphlet of a much longer standing (as dated Febr. 19.78. old stile) and public several weeks here in Town, before ever the said Dangerfield was so much as taken out of Prison; for that happened not till April, as appears by his own 
* Pag. 2.  Narrative. All which evidently proves, that had those Youths (who were most of them also Lads of the upper Forms) been really taught what they had affirmed at the Old Bailie, they had their Lesson beyond Sea, and not from me.  
This was the effect of my Defence, 
My further Witnesses.  and truly tho' I had provided Witnesses to clear myself in every small particular, yet I found such trouble, at least towards the latter end of the Trial, (when any pretence of tediousness, or impertinence could be objected) that I thought it also fit to omit the calling of them, notwithstanding they were legally summoned, and ready in the Hall or Court, as my Solicitors informed me. For first, I had subpoena'd Sir John Nicholas, who was present at my Examination before the King and Council, and could have consequently confirmed (had it been needful) Mrs. Celliers and Mr. Duddels Testimony; for Dangerfield had acknowledged at the Board, That I had forbidden him my House at his going to the Tower in my name, as I formerly mentioned; and Sir John could not but know also, that Oats had sworn there, the seeing of my Divorce, etc. Secondly, Mr. Cellier was cited; for he could testify, 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 Dangerfield about me, and thereby I should have shown how falsely he had averred in his 
* Vid. Dang. first Nar. p. 25.  Narrative, That the said Mr. Gadbury was angry with him because he had displeased (by his timidity) the Lords in the Tower, and especially me, who had designed to advance him, and help to make his Fortune. 4ly. I had sent to Mr. Nevil (whom Dangerfield calls my true Second, and one from whom I had Papers) to attest, That I never received Paper from him in his life, nor sent him any; as also that I never 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 accused me of it in their Trial. 5ly. Justice Foster to prove (as I heard he had done before the Council) a Forgery committed by Dangerfield, since his very Pardon and his being one of the King's Witnesses; for he had it seems shown one Hill an Affidavit to swear to, and then presently enterlining it with some matters concerning the Duke, brought the said Hill to take his Oath before this Magistrate, who like a worthy man, reading first the Paper to him, discovered the Villainy. I intended also to have had Mr. Hill himself in Court, had he not then been in Execution in the Fleet.  
The Verdict being thus given in, 
Mr. Cheek's Pretences.  as I have said, I desired a Relation 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 Tavern, till I could come myself and wait upon them. This he did, and in the mean while I stayed at the Bar, expecting my Discharge; which going to be pronounced, Mr. Cheek risen up and told the Court, that I had not yet paid my Fees: Whereupon the Judges saying, that was a necessary Duty, I answered, I had already performed it. Mr. Cheek or his Counsel replied, 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 discharged since my first going to the Tower. The Judges upon this, stopped a little, and after a moment's speaking together, Mr. Justice Dolben told me, that I was twice committed, 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, (replied Mr. Justice Dolben) but this we must tell you, you cannot be discharged till your Fees are paid; and so they risen, leaving Mr. Lieutenant and me in dispute; for he told me, that he would carry me to the Tower again, unless he were satisfied: 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 imagined; but nothing pleased me more, than that they seemed unanimously to own me not only a free man, but an honest man also. I desired 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 answered, that he was exceedingly satisfied with my carriage, and was confident also that the two other Gentlemen (whom I had accidentally passed by) were of the same sentiment. Not long after, and when we had all seated ourselves, a Gentleman of quality (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 accommodated. I answered him, That the time of doing it was past, it being already as public 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 ware 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 believed, trouble them with some Concerns of mine; and then gave an Account of the particulars of this Affair. They answered, that certainly the Lieutenant was ill advised, for that I had been (as they yet conceived) but once a Prisoner, so that there could be but one Fee due.  
In short, after an agreeable Conversation of several hours with these worthy Patriots, (for their Discourse still tended to the interest and advantage of England) we parted, and then I sent for the Gentleman-Jaylor and the Warders, telling them that I would go to the Tower, if they durst carry me. They answered, that they hoped I would not be offended with them, seeing what they did was in Obedience to their Superiors commands. I replied, That every Command of a Superior was not to be obeyed; 
I returned to the Tower.  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 Nighttime at the door as formerly. In the morning I sent to Mr. Cheek to know if my present Imprisonment were by his Orders. He answering Yes, I resolved 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 returned 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 asked why he had thus detained me a Prisoner? He answered, because I had not paid him my Fees, and that the Judges themselves had (as I saw) declared they could not discharge me till this were done. I replied, that he well knew (I supposed) the reason of my Refusal; to wit, because I had paid them before; that the Judges thought not fit to hear my Council argue the matter, nor to tell me what these Fees were; that if his proceedure 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 demanded of me? He answered, that being a Peer there was 100 l. due to him; 10 l. to the Gentleman Porter, and 5 l. to the Gentleman Jailor. I said, that by my Trial he found I was no Peer in Law; and that, tho' few ever refused to be kind to the Gentleman Jailor, yet a Fee for him I believed was never exacted before. He replied, that I was a Peer; that my Lord Aston had paid 100 l. and that what he demanded for the Gentleman Jailor was his due; I told him that I was so far from disputing his demands, that if he required 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 refused to sign an Acquittance, which had caused my Steward to take back the money: I desired him to go to my Council forthwith, and know what should be further done; who sent me word, that tho' every body looked upon one as a strange Man that refused so reasonable a thing as an Acquittance, 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 Council had informed me, that Witnesses were as much to my purpose, as what was before required. He answered, that so he had his deuce, I might have as many as I pleased; upon which the money was paid him, and presently I took Coach and went home. This is the account of what passed between the Lieutenant and me; and since it was a very public 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 Oats and Dangerfield created me, I continued a while in London about my private Affairs, and then went down to my Brother's near Windsor; where I determined to stay till Christmas, or thereabouts, 
1680.  as the quietest and best time in Winter to pass the Seas. But the Parliament (assembling in October) sat not long, before I heard of Turbervile's odd Charge against me, specified soon after to this effect, in his printed Narratives: 
* First Nar. p. 10.  That he and several Priests were at Consults with me at Powis Castle; 
* Ibid. p. 12.  That being with my Lord Powis in Verestreet, he heard me (about May 78.) say Mass; and 
* 2d. Nar. p. 12.  That he had also been at Confession with me. Considering therefore, that the Term was already begun; that Papist itself was no good name; that Priest was a worse; and that should I chance to be confined 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. Turbervile's Accusation, 
Mr. Turbervile's Falsehood about my being at Pewis Castle.  but how weak and idle, is evident by the very first part of it; to wit, his Allegation, That I was at Consults 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 admittance into that Family; for he came not there till 
* 2d. Nar. p. 2.  72. even according to his second Oath and Recollection, which he called 73. in the 
* First Nar. p. 5.  first Depositions. Now that what I affirm is true, appears by my Lord Powis' 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 aforesaid. In the like manner by my Lady Frances, and my Lady Anne, her two Sisters; by Sir John Gifford, who lived 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 Gentlemen 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  year. I will also appeal to the Magistrates, and chief Inhabitants of Pool, a place not only in, and about which my Estate lies, and my Tenants live, but so near the Castle, that it joins in a manner to the Park Pale; so that a Stranger, that comes to my Lords, is as much seen and talked of by them, as if he lodged in the Town itself. 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 himself by a discovery, (which must necessarily happen in a vast Family, and in a Country where I was well known) when my public appearing could raise in no Creature the least jealousy, having Concerns there to look after, and a Kinsman 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 easy, and beyond the reach of Dispute or Difference.  
'Tis true, that coming to Paris about Christmas 71. and receiving there Letters from a great Nobleman, about a business, (public enough afterwards) I stepped over to London to wait upon him; but as I was again returning, (and had taken even leave of my Friends in general) there befell my Brother Sir Philip Palmer some Troubles, which (as many worthy men of the Long Robe well know) forced 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 twelvemonth) lie two nights together out of Town, (as not a few can witness) except in October 72. when I went with some Relations to my said Brother's House, and there I also stayed 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 Acquaintance were pleased 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 failed in what I was always wont to do, viz. of visiting his Lordship when I came into the Country. But the Mystery of Mr. Turbervill's Story is, (for all Fables have their Mythology) 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. Turberville 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 Protestants of repute and quality (whom I call upon) must needs rise in judgement against me; and when the thing in itself, even with Mr. Turbervill's Comment to it, cannot affect or prejudice me, who have been tried and acquitted of all Treasons relating to the Plot.  
As for my being a Priest, 
Of 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 Lie on the Tenets of my Religion, which doubtless I would not do, when Catholics (they say) are so concerned 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, 
Of my saying Mass.  Whereas Mr. Turberville will have it, That I said Mass to my Lord Powis at his Lodging in Verestreet, 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 Verestreet) but any five, ten, or twenty, of the prime Catholics 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, 
* First Narrat. p. 7.  That he made his Fscape out of the Monastery he had entered into, which shows how slight and unsteady a person he was, and consequently 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 dearness, That I protest I never saw him to my knowledge. And because the Gentleman, and others in his present Post and Station, have often in reserve some poor forlorn wretch, (for I'll cast myself upon the Oath of any man of Repute and Estate) to vouch a by-Circumstance, which they know will be denied. 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 Family, 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 testify, that they never saw, heard, nor yet believe, that he had the least Converse or Acquaintance with me; whereas 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 Domestics 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 himself, (notwithstanding the great quickness 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 openly together, as Friends, Neighbours, and Correspondents usually do. Therefore, 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 quadrate and agree with his former solemn Deposition; 
* First Nar. p. 7.  That his Popish Enemies (by reason of his leaving his Monastery) got at last his Brother (who also served my Lord Powis) to disinherit him; whenas not only his said Brother (as a bare Borderer on forty) 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 Venture; 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 Children.  
Nay let the whole World judge, even the most partial men breathing, whether Mr. Turberville, that ran away from his Monastery, that had no zeal for his Religion, that lived sharking ever since, that has turned Protestant, at least presently after Mr. Oates' Discovery, (for he was then actually sent down to Glamorganshire to catch Priests) would notwithstanding all Encouragements from the Parliaments, from the King's reiterated Proclamations, and from the whole people in general, suffer me, who was imprisoned from the beginning, and at last tried for my life, to be legally and publicly acquitted, if his present Charge had been then thought of.  
But tho' not one Judge perchance in Westminster-Hall could, (bating the contempt which people might justly have of the Charge) prove himself no Priest, if a Villain would point blank swear it, yet I can by God's Providence, (besides what has already been alleged) make, à priori, the falsehood of this Accusation evident; and thus I should have done long ago, had it been grateful at my Trial, to show Mr. Oates' small mistake about the Divorce; for the Circumstances 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. 
The Grounds of the Fancy.   
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 myself, (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 intended 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 Reversion, and then married him to his, and my own satisfaction. This being looked upon by many as an unusual Action, and some reflecting, that I (who took so much pleasure in travelling) was now retired, and diverted myself in turning over Books, and the like; as also that my Lady Cleveland had withdrawn herself some few years after into a Monastery, (which is the common method of married people in the Church of Rome, that intent to change their state of life) it presently became bruited, that I was, or shortly would be in Orders. No wonder then if Mr. Oates made this a part of his Accusation; and by the way I must tell him, (that in my poor judgement) 'tis not only the chief flower of his Garden, to wit, the best grounded Charge, that ever yet came from him, but also managed with the most caution and wisdom, qualities (as many think) not very natural to him; for he has here only sworn, (as I showed before) That he saw Letters (forsooth) signifying my saying Mass, and therefore could not be easily disproved, were he never so much the Inventor of the Story. But if Mr. Turberville has been more bold and daring, and thereby run himself, (as I said) on ground, he may yet urge this for himself; That (being engaged, 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 mentioned, these 15 years) but of a constant correspondency with him in his Noviceship at Douai, in his French Expedition, and in all his other Adventures also.  
To end then with this Gentleman, 
Several Laymen sworn to be Priests.  I do here again protest and declare, that his Accusation against me, is false, both in part and in the whole; and yet it is not to be wondered at as strange, seeing Priesthood has of late been sworn against other Laymen as well as myself; for upon this Account, and Oates' Oath, Mr. Preston (as every body knows) was dragged from his very Wife into Prison, where he lay above 18 months; and old Mr. Gawen (who had been but few years a Widower, and never out of England) was by such a Deposition solemnly arraigned and tried; and besides, Sir Thomas Gascoign would perhaps have run the same risk, 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 manner of way plainer than before, should I be deemed not only a Priest, but a Bishop. Nor would I (certainly) be ashamed of a Function (were I of it) of which, men as great in Quality, as eminent in Learning, and as famous for Sanctity as History can show, have been. Nay from the same fountain, and no other, the Church of England herself 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 incline me to it (for 'tis no ill action, even in Law to be a Catholic Priest, and stop there) if the Ceremony should be performed in the most open and public manner that can be thought of, that solemnity 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 Trial. 
* vid. p. 177.  He doubts there of Mr. Lytcott's being Fellow of King's College, because such places are bestowed (he hopes) on more deserving and less suspicious 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 Castlemain is, but to have gone also and taken Notes at several Trials, for his Lord's service, who was concerned in the Accusation.  
First for Mr. Lytcott's being Fellow of King's College, it will be acknowledged by the whole Body; and upon this account it was he became my Secretary; for having myself had the satisfaction and honour to be a Fellow-Commoner of that Royal Foundation, and consequently acquainted with very worthy and excellent men, I knew not (till some better occasion offered itself) how to express the great sense I had of their Favours and Civilities, but by having ever since my departure one of theirs still with me. Mr. Lytcott had, 'tis true, some other accidental Recommendations, as related to several persons of very considerable fashion and quality, whom I esteemed; Nor do I by any means deny the giving him order to take Notes at Trials; nay this, or the equivalent, I desired of others also, till I freed myself from the calumny of the Plot. But had I known it a Crime against any Law either 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 College, 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 summoned to my Lord Staffords Trial, 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 proved 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 misinterpretation of all our actions) hopes to geat Fame by being a Papist; but if this Gentleman puts Fame in the worst sense, (for the word has opposite significations) and so intimates, 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 Catholic, I shall always acknowledge, as often as I am asked; but tho' my Religion were erroneous, yet to me it must be a true and saving one, according to the Principles of our learnedst Adversaries; for I have often, and diligently searched the Scriptures, which they own to be the Rule of Faith; I have earnestly prayed to God (as they require) for his Illumination; I have argued with learned men, a thing too enjoined 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 Controversy, as, perchance, most men of my age in England, but twenty Protestant Books (I dare say) for one Catholic, and yet still I am the same. Nor will any body (I hope) pretend partiality or prepossession in the case, seeing that must have much rather inclined 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 advanced my Fortunes as others, wanting (I thank God) neither Relations, Friends, nor Estate to give me a Rise or beginning. 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 comply with the established Practice in every particular, that is not truly sinful in my Judgement.  
'Tis Conscience then, that makes me a Dissenter, and therefore I may be pitied, but not blamed; for should any Turk or Jew profess the Gospel, and yet in his heart think it false, he would be damned notwithstanding the verity of it. Humane Reason can demand nothing of one (as eminent Protestants tell us) but a sincere Conviction; nor does the profoundest among them propose more. And if that shocking Article to flesh and blood, and reckoned also by our Enemies as our most dangerous Tenet, (I mean the real and substantial presence of Christ in the Sacrament) blots not a Lutheran 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 hardships, 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 unfeignedly believe all those very Points, which Protestant Divines call the grand Fundamentals of Christianity; for I believe the Incarnation; I believe the Trinity; things as incomprehensible and opposite to our finite Nature, as can be thought of; nor could any Doctrine be more stiffly denied and rejected, than this has been by several Christians; nay I declare as the Church of England does, when she reads the Creed of St. Athanasius, That whosoever will be saved must necessarily hold what is there expressed. I believe 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 Creature 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 jointly help in the great business 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 Vulgar Tongue; but I believe (and the like perchance do all Christian Churches) that there are some things 
* 2 Pet. 3.16.  hard in them, which the unlearned and unstable may wrest to their own destruction; and that they are not of a 
* 1 Pet. 1.20.  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 expressed, and the other words of St. Peter, (which intimate they are not of a private interpretation) ought to be understood in the plain and obvious sense.  
If then by agreeing thus with Protestants, in what they call the chief Fundamentals of Christianity; and if also by the consent of their great and famous Authors, several persons (that have lived and died in our Religion) are in Heaven; for they style 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 assured that this Interior part of my Belief (to wit, that which principally relates to myself) cannot damn me, I will now very strictly examine the Exterior, or what touches others, and consequently the matters that concern the Government.  
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 myself bound in conscience to defend the Establishment, as I found it, (let it be which of these it will) against all pretences to the contrary, tho' they suited never so much with my own inclinations and Judgement.  
In the next place, I believe our present Sovereign Charles the 2d. to be the true, sole and undoubted King of England, and that no Monarch in Christendom has a more indisputable Title to his Crown than He; which I look upon to be a great Blessing to his Subjects, being all obliged to obey, not only for wrath, but for conscience sake also.  
Thirdly, I have been so far from hearing (till Mr. Oates and others of the same stamp mentioned it) of any Excommunication, or Declaration of Heresy issued out against the King by his Holiness, or any of that Church, that I am as much assured, that it is false, as that he never Christened or Confirmed his said Majesty; for I have been twice myself at Rome, and know that the Popes have still spoken of him with great Honour and Respect: And besides, there was never yet any Prence (always born and bred out of the Romish Communion) that underwent this Censure.  
Lastly, were our King excommunicated and declared a Heretic, yet I do unfeignedly 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 declare, 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 
* Vid. further the Rep. to Answer of Cathol. Apol. as also The Comp.  deposing 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 Reformation, have in express terms declared the same, and practised it; but Pamphlets have been lately cried about the Streets, which boast, that there is no Reformed Church from the Waldenses to this day, that has not deemed the procedure lawful. Now Papists are so far from holding it a piece of Faith, that Bellarmine (the Pope's great Champion) shows the contrary; and Cardinal Perron (no small Friend to his Holiness' power) calls it explicitly and plainly a Problematical Opinion. Nor has it only been written against, by several and several zealous Papists, but publicly and solemnly condemned in Popish Countries, in Popish Universities, and by Popish ecclesiastics themselves.  
As for the Oath of Allegiance, I am absolutely for the binding part of it, as to my Duty, tho' there may appear some difficulty as to the wording of it; insomuch that I shall most willingly take this very Oath, if (I say) a word or two were changed, or the strictest that ever was proposed by Catholic Princes to their People; and truly I do sincerely believe, that they are as careful of their safety and interest, and are as much Masters of both, as any Governors upon the face of the whole Earth.  
As for the Oath of Supremacy, all Catholics in the World agree in a Spiritual Dependency on Rome; so that even those few that take this very Oath, do it, I suppose, upon a supposition or fancy, (as they have it in their Books) That the Explanatory Act (in the 5th. of the Queen) declares, That she pretends to no Supremacy in spiritual matters; and thus the Pope's Power is again (they think) restored, and the whole made thereby 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 penal Laws. In short, I design not to dispute any Point, but with all Modesty and Candour to hint, why I cannot in Conscience comply with these Oaths; neither do I intent any way to lessen the Regalia, or Temporal 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 subjugated by our Opinion, since we find the Catholic 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 continue 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 Tyrannic and Arbitrary Sway, than that the Laws which preserve our Liberty and Property, were proposed 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 deemed so good and holy by the Popish Clergy, that they solemnly desired God's Vengeance and Wrath to fall on the Infringers of them.  
As for Dispensations to Lie, Kill, Forswear, 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 sense, as every Protestant understands it in the reading. Nor do I believe, that either the Church Collective, (and much less a single man) can remit a Sin, à parte ante, that is to say, before it be committed; and when it is committed, 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 Dissemblers or Church-Papists, (as they are termed) 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 Authority among us, I do declare, that I verily believe, that there are no Priests among the Eastern Sects abroad, nor Ministers among our Dissenters at home, nor in short any Clergy 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, perchance, power with his Patron, I do not deny, and the same I have known happen to a Valet de Chambre, to a Housekeeper, and it may be to Servants of an inferior degree; but so averse generally are the English Catholics, I can say, (at least since my time) to take the Directions of their Confessarius, in any thing that has a tendency to temporal Affairs, that the best way oftentimes to persuade some to a business, was to tell them, That the Priest did advise against it. What I here allege, I am very confident is true; and for the further proof of it, I appeal to any Protestant of repute, that has ever been of our Communion.  
The Premises then being the Credenda, or sum of my Religion and Belief in Speculation, there remains now a line or two of the Practice; and here also I shall show myself (to the dissatisfaction of my Enemies) a zealous Lover of my Country; for truly I ever thought that this, and a sincere devotion to the lawful established Government, were Synonimous words, and differed only in sound.  
I had not (I confess) by reason of my years, an immediate share in the misfortunes of the late Times, but I am sure afterwards I felt great effects of them; for all my near Relations were not wanting, (besides their personal Attendance) in helping the then King with Men, Money, Plate, etc. So that They of the Protestant Religion underwent for this Loyalty, Plunderings, Compositions, Decimations, Imprisonments, and the like, and Those of the Catholic, the Confiscation, and sale of all they had. As for myself, as soon as I came to Age and my Estate, I was no ways behindhand in my actual Duty; for I sent his present Majesty 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 imprisoned, and had run the Fate of several of his other faithful Subjects, had not the Times altered 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 failed I also, (happening then to be in England) to hazard my life in the Dutch War; and when I returned again into Foreign Parts, I did what I could (by the French Account I printed there) to obviate the Lies which tended to the dishonour 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, indicateth 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 propose or defend Paradoxes in State-affairs, or found by any byword a mutinous Tendency; for I may safely aver, that there was never yet a Treason gradually carried on, where the Associates (how wary soever they were in the main) have not endeavoured at some time or other, to raise Discontents, 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 steered a quite opposite course; nor did this happen, I must say, (and I think every body is sufficiently satisfied of it) in hopes of preferment 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 happened, that created me not an extraordinary trouble 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 obliged to it either out of Gratitude or Civility? I must confess, with St. Paul, as to my Religion, I ever wished, and still do, that all men were such as I am except these Bonds; and I think every Persuasion 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 instructs, will also strengthen) That I would not commit a premeditated sin to convert the whole World; for God will be served his own way, and when we do otherwise, 'tis extremely far from a Service. Religion therefore 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 acknowledge 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 myself, unless when I am asked 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 reference 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 never did, nor ever shall do it I am sure. 'Tis not my profession to make Converts; and truly when I accidentally met any, the usual Encouragement from me was, what several of them experimentally have found and heard in Catholic 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 propose to myself; 'tis this also which assures me, if my Religion were true in mild weather, 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 account 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 Catholic.) 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 deemed (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 desire that this present Record under my own hand may rise in Judgement to my eternal Reproach and Infamy.  
Finis.  
Amiens, Mar. 7. 1681.