[13] See below in Trials for Treason.
[14] The Grounds and Occasions of the Contempt of the Clergy and Religion enquired into. By John Eachard, D.D., Master of Catherine Hall, Cambridge, 1670.
[15] 7 State Trials 360–375. 10 State Trials 1097–1132.
[16] Florus Anglo-Bavaricus 93, 94, 95.
[17] 7 State Trials 324, 1325, Lettre écrite de Mons à un ami à Paris. Florus Anglo-Bavaricus 95.
[18] Simpson Tonge’s Journal, S.P. Dom. Charles II 409: 39. Simpson Tonge to L’Estrange, Brief Hist. i. 38. Simpson Tonge’s Case, House of Lords MSS. 246–249.
[19] S.P. Dom. Charles II 414: 185. Sydney Godolphin to Sir Leoline Jenkins, September 25, 1680.
[20] S.P. Dom. Charles II 409: 36.
[21] Evelyn, Diary January 25, 1665.
[22] Simpson Tonge’s Journal S.P. Dom. Charles II 409: 39. Simpson Tonge to the King, ibid. 414: 139. Simpson Tonge to L’Estrange, Brief Hist. i. 38. Kirkby, Compleat and True Narrative 1. Impartial State of the Case of the Earl of Danby 14. Brief Hist. ii. 100–125. Burnet ii. 158. North, Examen 170. Ralph i. 382, 542. In this account of Oates and the revelation of the Plot I have made considerable use of Mr. Seccombe’s monograph on Titus Oates in Twelve Bad Men, and of Sir George Sitwell’s study of The First Whig. I am unable however to follow these writers, and especially Sir George Sitwell, to whom I am much indebted for a loan of his book, in placing much reliance upon witnesses on the Catholic and Tory side. These labour under as great a bias as their opponents, and on some points are convicted of falsehood. This applies in particular to the evidence of L’Estrange and Simpson Tonge, upon whose authority the story of the deliberate concoction of the Plot by Oates and Dr. Tonge rests. That Tonge was a fanatic and Oates a villain is unquestioned; and it is probably as just to call Tonge villain and Oates fanatic. But that their rascality took this form is not proved. Simpson Tonge was also a rascal, and his repeated contradictions, in the hope of gain from both parties, make it impossible to discover the truth from him. In the winter of 1680 L’Estrange challenged Oates (Observator i. 138) to prosecute young Tonge for defamation of character. The challenge passed unnoticed; but the fact proves nothing, for however many lies Tonge had told, Oates was not then in a position to risk a rebuff or to court an inquiry into his own conduct. And L’Estrange’s bare assertion is no proof of the truth of the fact asserted. The way I have treated this, as all other doubtful evidence in the course of this inquiry, is always to disbelieve it, unless it is corroborated from other sources, or unless the facts alleged are intrinsically probable, and the witness had no motive for their falsification. When the test is applied to the present case, I believe that no other result than that stated above can be obtained.