WUXIAM AND MANY.

53

theme of all the Tory satirists from Dryden downwards; andeven on the Continent the Salamanca Doctor was a nickname in •ordinary use.* The Lords, in their hatred of Oates, so farforgot their own dignity as to treat this ridiculous matterseriously. They ordered him to efface from his petition thewords, “Doctor of Divinity.” He replied that he couldnot in conscience do it; and he was accordingly sent hack togaol.**

These preliminary proceedings indicated not obscurely whatthe fate of the writ of error would be. The counsel for Oateshad been heard. No counsel appeared against him. TheJudges were required to give their opinions. Nine of them werein attendance; and among the nine were the Chiefs of the threeCourts of Common Law. The unanimous answer of these grave,learned and upright magistrates was that the Court of King’sBench was not competent to degrade a priest from his sacredoffice, or to pass a sentence of perpetual imprisonment; andthat therefore the judgment against Oates was contrary to law,and ought to be reversed. The Lords should undoubtedly haveconsidered themselves as bound by this opinion. That theyknew Oates to be the worst of men was nothing to the purpose.To them, sitting as a court of justice, he ought to have beenmerely a John of Styles or a John of Nokes. But their indigna-tion was violently excited. Their habits were not those whichfit men for the discharge of judicial duties. The debate turnedalmost entirely on matters to which no allusion ought to havebeen made. Not a single peer ventured to affirm that the judg-ment was legal: but much was said about the odious characterof the appellant, about the impudent accusation which he hadbrought against Catharine ofBraganza, and about the evil con-

* Van Cittcrs, in las despatches to the States General, uses this nick-name quite gravely.

*+ Lords’Journals, May 30. 1689»

CFIAP

XIV.

J689.