do not oppose it my Lords L. H. Stew. My Lord call your Witnesses L. Stafford There is no place appointed for them and therefore I could not have them ready here I have sent for them I have a throng of them L. H. Stew. They will open the way and we will stay for them L. Stafford My Lords I desire that as Yesterday when the Witnesses were sworn against me mine did not hear what they said so I desire when my Witnesses come theirs may not be present L. H. Stew. My Lord with your Lordships Pardon it was not well done that your Witnesses were not there but if Witnesses be to confront one another shall they not hear what one another say L. Stafford My Lords I am so clear in every thing I will dispute no little matters Then my Lords Witness stood up Lord High Steward What is this mans name you call now my Lord L. Stafford Indeed my Lord I don't know Witness My Name is Bonny my Lords L. H. Stew. Does your Lordship call this man L. Staff Yes my Lords L. H. Stew. You are not upon your Oath but you are to look that a strict account will be taken of what you say Mr. Foley My Lords we desire to know where this Witness lives Bonny I live in Exeter-street by Exeter Exchange L. Staff I declare it I know him not but I am told he can witness for me L. H. Stew. Your Christian Name Bonny Thomas L. H. Stew. What Profession are you of Bonny I live as Clerk of the Kitchin to my Lord Marquess of Worcester Mr. Foley What Religion are you of Bonny A Protestant one of the Church of England L. Staff My Lords I humbly move your Lordships When I asked Mr. Smith the first day where he was made a Priest a Gentleman said he was not bound to answer any thing against himself that might make him Criminal I desire that the Question may not be put to my Witnesses what Religion they are of L. H. Stew. The Gentleman will not offer to ask any Question that may make a man accuse himself but my Lord a Papist or not a Papist is not so penal as a Priest or no Priest Mr. Foley To acknowledge a mans self a Papist is not to make him a Criminal L. H. Stew. What does your Lordship call this Witness for L. Staff To prove when I was at my Lord Marquess of Worcesters L. H. Stew. What say you when was my Lord Stafford at my Lord Marquess of Worcesters Bonny In August 78. L. H. Stew. Do you remember it perfectly Bonny Very well L. H. Stew. What day of August Bonny The 17. of August which my Lord Marquess keeps as his Wedding Day every Year and the Gentlemen of the Country are invited thither My Lord Stafford was then at Bath and my Lord Marquess was pleased to send his Coach for him to be present there that day there he staid that day and the next day and then returned on Monday And in the same month the 31. of August my Lord came again from Bath to Badminâ—on my Lord Marquess of Worcester's and upon the Monday after returned for London L. H. Stew. That was the beginning of September Bonny Yes the 2. he went to London L. H. Stew. Will you ask him Genlemen any Questions Managers No my Lords Lord High Steward Call another Witness then who stood up L. H. Stew. What is this mans Name Witness Thomas Witness Thomas White L. H. Stew. Thomas what L. H. Steward Where do you live White I live with my Lord Marquess of Worcester at Badminton L. H. Stew. What do you say White My Lords Lord Marquess of Worcester My Lord Steward I have only this to say my Lord Stafford desired that his Witnesses might not be asked what Religion they were of but I desire all my Servants may be asked for I keep none but Protestants Lord High Steward What Religion are you of White A Protestant L. Stafford My Lords I did not require it for them I know my Lord keeps none but Protestants but I asked it for others of my Witnesses that may come and be startled at it L. H. Steward What say you when was my Lord Stafford at my Lord Marquess of Worcester's House White The 17. of August 78. I fetched him from Bath being my Lords Wedding day L. H. Stew. You fetched him White Yes my Lords L. H. Stew. What place do you serve my Lord Marquess in White As Coachman L. H. Stew. Was he there afterwards White Yes he was but I can't remember the day only this being a remarkable day I can remember it L. H. Stew. Did you carry my Lord from thence towards London White Yes I did L. H. Stew. When was that White The second of September to the best of my remembrance L. H. Stew. Gentlemen Will you ask him any Questions Managers No. L. Stafford I think this is so clear I shall not need to trouble your Lordships further with more Witnesses L. H. Stew. Call whom you please my Lord and as many as you think fit they shall be heard L. Stafford One more then my Lords Who stood up L. High Stew. What is your Name Witness Richard Bevan L. H. Stew. Who do you live with Bevan I am Groom to my Lord Marquess of VVorcester L. H. Stew. What Religion are you of Bevan A Protestant Lord High Steward Do you remember when my Lord Stafford was at the Marquess of Worcester's House Bevan Yes I do Lord High Steward What time was it Bevan The 17. of August Lord High Steward Do you remember any other day Bevan No my Lord but he was there that day L. H. Steward Will you ask him any Questions Managers No my Lords L. Stafford My Lords if your Lordships please I desire my Lord Marquess of Worcester may tell your Lordships whether his men have said true or no. Lord Marquess of Worcester My Lords I do remember that my Lord Stafford was pleased to do me the Honour to come upon my Wedding day from the Bath and dine with me as most Persons of Quality that are of my acquaintance and happen to be at the Bath at that time are pleased to do And as most of the Gentlemen of the Countrey within such a distance do also And that day is the 17. of August I think he was there once or twice after from the Bath but I cannot tell precisely the days but that particular day I remember because it was my Wedding day L. H. Steward Can your Lordship remember when my Lord Stafford went to London Lord Marq. of Worcester Truly I cannot tell that my Lords L. H. Steward Did you not after that lend my Lord your Coach Lord Marq. of Worcester Yes I did to carry him as far as Sandy-lane on the Road to London but the particular day I remember not but one of the persons examined who was then my Clerk of the Kitchin must needs know because he books every day who is in
you could give an account of every day Lydcot I did not think any Question of this Nature would come on the stage there is my Lords Steward can give a very good account of this by his Account Books which are all ready to be produced he can tell where my Lord was by laying out such and such moneys And 't is an hard thing to give a Testimony after so many years of a thing that we thought not would ever be a Question L. H. Steward Let us see your Notes Lydcot My Lords I will read it to your Lordships L. H. Steward When was this written Lydcot I took this out of another Book L. H. Steward When Lydcot Lately since Mr. Turbervill's Narrative came out Sir Will. Jones Oh I desire that may be observed L. Stafford If your Lordships please I desire that he may bring his Books Oh oh will not condemn me but Law and Justice I am not to be run down with Oh oh or what such impudent Villains as these say L. H. Stew. Read what you have there Lydcot From Liege we set forth to Paris January 1. 72. where we staid three weeks and arrived thence at London January 24. there we staid till May 73. and from thence we went to Liege again in June and from Liege we set forth to London in August and returned October the 3d. 73. L. H. Stew. Were you all the while between August and October in London Lydcot I am morally certain that I did not go from my Lord all that time L. H. Stew. Where were you after October Lydcot Which October if your Lordship please L. H. Stew. October 73. Lydcot At Liege for we returned to Liege at October the 3d. and then after this my Lord sent me into England I left him at Liege and from thence I set out for England and in January I returned to Liege which was the greatest part of time that I was ever absent from him L. H. Stew. And was he at Liege are you sure all that time from October to January Lydcot Yes except he fled For I sent Letters by the Foreign Post and received Letters by the Foreign Post every week And his Account-Books will speak it Sir W. Jones My Lords we desire to ask him one Question since he can give so exact an account whether my Lord Castlemain was in England 72 and how much of that year Lydcot Yes Sir W. Jones How many months of the year 72 was he in England Lydcot I read it before We arrived from Liege to London January 24. 72. and staid at London till May 73. L. H. Stew. But where was my Lord all the year 72 Lydcot Pray my Lords do you mean New stile or Old stile L. H. Steward When I speak of his being at London I mean the stile of the Countrey Sir William Jones Then under favour he speaks of the latter part of the year I desire to know whether my Lord for all the former part of the year was in England L. H. Stew. Where was my Lord in December 72. and in November before that and in all the year up backwards Lydcot My Lords I have told you the whole year L. H. Steward But where was my Lord from January 71. to January 72 Lydcot In 71. June 19. New stile we came to London and returned in September to Liege from Liege we set forth to Paris January 1. 72. and arrived at London January 24. L. H. Stew. He runs past the time Sir Will. Jones My Lords we ask him a plain Question but he does not answer it he slips over the time that we desire your Lordships to ask him about L. Stafford I beseech your Lordships that it may be made plain that there may nothing be said afterwards that it was not plain Lydcot Sir Do you propose any thing to me and I will answer it Sir Will. Jones Answer not us answer my Lords Lydcot I desire any body may peruse my Notes if they please L. H. Stew. Pray Sir answer the Question whichin very short terms is this where my Lord Castlemain was all the whole year 72. Lydcot Well my Lords I will I can but read it over again From Liege we set forth to Paris January 1. 72. L. H. Stew. Are not you a rare Fellow now Lydcot My Lords I understand it according to the stile of that Country when I am there and of this place when I am here L. H. Stew. Answer me according to our stile Lydcot This that I have written here in the Book out of which I took it hath been written ever since that time and I did not think I should er'e be called to account about it L. H. Stew. Begin January the 1st 71. Lydcot We went from Liege to Paris where we staid about a week or such a time and we arrived at London January 24. that is the Old stile and staid at London till May 8. 73. L. H. Stew. That is impossible for you ' scape a year and a half to together Lydcot My Lord was here in England in January L. H. Stew. You begin very gravely with January stylo veteri that you came from Liege and so January 24. stylo veteri you came to London Lydcot When I speak of any style I understand it according to the style of the Country L. H. Stew. But in your account what is become of all the time from January 71. to January 72. say and swear if you can where my Lord was all that time Lydcot He must be in London L. H. Stew. Can you take it upon your Oath that my Lord was in London from January 71. stylo veteri to May 73. stylo veteri Lydcot I cannot know how to count better than I have done L. Stafford Mr. Turbervill says my Lord Castlemain was in 73. at Powis-Castle I beseech your Lordships this man may be asked and that without any interruption where my Lord was that year Sir Will. Jones With your Lordships favour I must desire your Lordships to ask Mr. Turbervill whether he did say positively the year â—3 for if my Ears and my Notes do not fail me he said As he remembred and that is the reason why we ask about the year 72. Mr. Turbervill My Lords I do not say positively nor cannot which year it was Lydcot My Lords I do stand upon it that he was in London January 72. and went away May 73. L. H. Stew. What becomes of the mean time between January 71. and May 73 Lydcot My Lords I explain my self as well as I can L. H. Stew My Lord Stafford will you call any more Witnesses L. Stafford Yes my Lord. L. H. Stew. Call them then Earl of Shaftsbury My Lord High Steward I desire my Lord Stafford may be asked how many Witnesses my Lord hath more for it now grows late L. H. Steward My Lord I desire to know how many Witnesses you have more L. Stafford Three or four I can't well tell how many Lords Adjourn Adjourn
the least concerned of any I thought and I hoped it would prove so I can take all the Oaths in the world I said no more L. H. Stew. What else do you know Porter Only such things as these he hath often said Earl of Shaftsbury Pray my Lords ask him how came Turbervill to talk of Witnesses about the Plot. L. H. Stew. Upon what occasion came Turbervill to talk of these matters Porter It was only voluntary of himself it was speaking of my Lord Powis and the rest of the Lords in the Tower Earl of Shaftsbury My Lords I mean of his own being a Witness L. H. Stew. How came Turbervill to say he hoped God Almighty would never forsake him so far as to let him swear against innocent Persons he was never called to be a Witness Porter But my Lords some of his Friends did say they were fearful of him in regard he was reduced to poverty His Friends were fearful L. H. Stew. Who were fearful Porter His Brother and Sister Mr. Turbervill and his Wife L. H. Steward Did he take notice to you that they were afraid he would come in Porter Yes Mr. Turbervill did tell me himself that they heard he would come in L. H. Stew. Have you said all you have to say Porter My Lords that is all I have to say L. H. Stew. Then call another my Lord. L. Stafford Where is Mr. Yalden Who stood up L. H. Steward What is your Name Witness Yalden L. H. Stew. Your Christian Name Witness John L. H. Stew. What is your Profession Yalden A Barrester at Law L. H. Stew. How long have you been called to the Bar Yalden I was called to the Bar last Trinity Term 12 months L. H. Stew. What House are you of Yalden Grays-Inn L. H. Stew. Are you a Practiser Yalden Yes my Lords L. H. Steward What Religion are you of Yalden Of the Church of England L. H. Steward Well what can you say Yalden I am summoned to appear by Order of this House and I desire to know of my Lord what he is pleased to examine me about L. Staff What Mr. Turbervill hath said in his hearing about the Plot. L. H. Stew. What Discourse hath passed between you and Turbervill about the Plot Yalden My Lords in February or March last I was walking in Grays-Inn-Walks with Mr. Turbervill and Mr. Powell and he dined with me a day or two after and there Mr. Turbervill and I were talking of the Distractions of the Times how Trade was ruined how the whole Kingdom was out of order and he was a little touched at some things and cryed out Go Dam me now there is no Trade good but that of a Discoverer but the Devil take the Duke of York Monmouth Plot and all for I know nothing of it L. H. Stew. That is odd that he should say it was a good Trade to be a Discoverer and at the same time say he knew nothing of the Plot. Yalden This I understood to be his meaning he cursed himself and them because he knew nothing of the Plot to discover for he would have got money by it as I understood as well as others Mr. Turbervill My Lords Mr. Yalden did declare yesterday he was summoned in by my Lord Stafford the last night and that he had nothing to say but what was by Hear say Mr. Yalden My Lords I do declare what I say is true and yesterday Mr. Powell gave me a Caution to take heed what I did and swore by God it would else be the worse for me L. H. Steward Who did Yalden Mr. Powell L. H. Steward Who is that Yalden Mr. Turbervill's Friend And I said I do not appear here as a voluntary Evidence but by an Order of the House of Lords I do not know what weight my Evidence may have for I can say nothing but what I heard him say and so perhaps it will be taken but for an Hear-say Mr. Turbervill You said you knew nothing but by Hear-say L. H. Stew. Will you ask him any Questions Gentlemen Managers No my Lords L. Stafford My Lords I shall not trouble your Lordships with any more Witnesses as to these Points I have here a Copy of the Warrant for the Yaught to go to Diep and if there be any Question whether I did come over from Diep at Christmas 75. if you please the Book may be searched L. H. Stew. My Lord it is all lost for I hear not one word L. Stafford I say my Lords if it be fit to trouble your Lordships with it I can prove that I did come over in the Yaught from Diep at Christmas 75. Here is the Copy of the Warrant for it to go for me And whether you will have it proved that I did come over thence I submit to you L. H. Steward I suppose that is fully proved already that you did come by Diep Managers We do not deny it L. H. Stew. You do not stand upon it Gentlemen do you Managers No no my Lords L. H. Stew. 'T is admitted to you my Lord. L. Stafford My Lords when I went from your Lordships Bar last night I had no thoughts of examining any Witnesss but what I have already done But my Lords since I was here there hath something happened about which I desire Dr. Oats may be called again I shall give you the reason why I move it afterwards upon something I heard yesternight L. H. Stew. Call Dr. Oats again Who appeared and stood up L. H. Steward My Lord what does your Lordship call him for L. Stafford He did say that he being a Minister of the Church of England did seemingly go over to the Church of Rome or some such words I desire he may answer that first L. H. Steward What say you Dr. Oats Yes I did say I did but seemingly go over L. Stafford I desire to know whether he was really a Papist or did but pretend Dr. Oats I did only pretend I was not really one I declare it L. H. Stew. What do you make of that L. Stafford I desire to know how long Dr. Oats was in Spain Dr. Oats My Lords I came into Spain in May and I came home again in November L. H. Steward That is six months L. Stafford He is called Dr. Oats I beseech your Lordships to ask him whether he were a Doctor made at the Universities here or abroad Dr. Oats My Lords if your Lordships please any matter that is before your Lordships I will answer to it but I hope your Lordships will not call me to account for all the Actions of my life whatever Evidence is before your Lordships I will justifie L. H. Stew. The Doctor hath never taken it upon his Oath that he was a Doctor and why do you ask it L. Stafford He is called a Doctor and I would know whether he did never declare upon his Oath that he took the Degree at Salamanca Dr. Oats My Lords I am not ashamed of any thing I
have said or done I own what is entred as my Oath before your Lordships and am ready to answer it but I am not bound to say what does not at all concern this business L. Stafford I say my Lords 't is entred upon your Lordships Books that he did swear at the Council he was at Madrid with Don John of Austria I would know of him whether he did so Dr. Oats My Lords I would have my Lord to propose the Question to the Court of Peers L. H. Steward Have you sworn any thing of Don John of Austria Dr. Oats My Lords I refer my self to the Council Book L. Stafford I beseech your Lordships I may have that Book L. H. Steward I believe it is in the Narrative turn to the Journal you have that mentioned there To which the Clerk turned but it could not be sound L. H. Stew. If you will not acknwledge it we must stay till the Book be brought Dr. Oats My Lords if your Lordships please I will repeat as well as I can what was said at the Council Table but I had rather the Council Book were fetched because I am upon my Oath but my Lords I always thought the Council Book is no Record upon any man L. Stafford I desire it may be produced or he own that he said so Lord High Steward What you said at the Council Table you said upon your Oath and 't is lawful to lay it before you Dr. Oats But if your Lordships please as to what was said at the Council Table if my Lord will bring any one Viva voce to swear what was said by me there that will make something L. H. Stew. That may be material as he says That your Lordship should bring some body to swear he said so for the Clerks may mistake him L. Stafford If your Lordships please that the Book may be sent for I will make it out Sir W. Jones It could not be read if it were here L. H. Stew. If the Clerks will swear what is in the Books it may Sir W. Jones But whether the Clerks will take that upon them or no may be Question Lord. High Steward Go on in the mean time L. Stafford I cannot conclude with him without it L. H. Stew. Where is the Council Book For the Clerks inform me 't is not in their custody but the Gentlemen of the House of Commons have been attended with the Book and other Papers relating to it L. Stafford In the mean time give me leave to say something though perhaps it may be nothing to the purpose Mr. Yalden was just now going down ' and Turbervill threatned to lay him by the Heels L. H. Stew. If he did so 't is a Misdemeanor and he must be punished for it Call Yalden and Turbervill L. H. Stew. Mr. Turbervill Have you dared or threatned Yalden the Witness to lay him by the Heels Mr. Turbervill I did not speak any such words to him Mr. Dugdale was just by me all the while L. Stafford I tell you but what he said and what I can prove by Witness pray call Yalden Mr. Turbervill This Gentleman Captain Scudamore stood by me too L. H. Stew. But I ask you upon this Misdemeanor Whether you threatned Yalden to lay him by the Heels Mr. Turbervill My Lords I stood by Mr. Dugdale till he was gone down L. H. Stew. How could he lay him by the Heels By what Authority could he do it Mr. Turbervill I did not speak such a word upon my Oath L. Stafford Ask Yalden I am told he did L. H. Stew. I am afraid you are misinformed my Lord for he could not do it 't is not in his power L. Stafford He threatned he would Goal him but if you won't Examine it I submit to you Dr. Oats My Lords Yalden it seems calls us a Pack of Rogues that give Evidence for the King and here are Witnesses of it Yalden stood up L. H. Stew. Yalden were you threatned by Turbervill Yalden Yes I will tell you how I was threatned my Lords Mr. Turbervill pulls me by the Arm when I had given my Evidence and asked me if I knew him and bid me take care L. H. Stew. Do you call that a threatning Yalden My Lords I did not make this Complaint nor did I desire it should be made but speaking this in the Room some body carried it to my Lord. Mr. Turbervill My Lords now he hath done let me speak I pray Mr. Yalden did say in the hearing of Captain Scudamore who is here he had got a great many Clients here but you says he have got nothing but a pack of Rogues Yalden That is a mistake L. H. Stew. This is fine work But Gentlemen will you call Captain Scudamore now or will you stay till afterwards Sir Fr. Winn. My Lords Mr. Turbervill desires it may be now and we do also desire it upon this occasion Captain Scudamore is a man of Quality and will give you a true account We did not think to have interposed in my Lord Stafford's Evidence but he having impeached our Witnesses of a Misdemeanor we conceive it fittest to clear it at this time Then Captain Scudamore was sworn L. H. Stew. Mr. Scudamore what are you called for Can you say any thing that happened between Turbervill and Yalden Captain Scudamore The Gentleman that is here that said he was one of Grays-Inn I do not know his Name L. H. Stew. 'T is Yalden Captain Scudamore I heard a Gentleman ask him if he came there to get Clients And he said I know nothing among you but Roguery L. Stafford Whereabouts did this Gentleman stand Captain Scudamore In the Passage Mr. Turbervill Here are five or six more that heard him say so Yalden That which I said was this That I might come hither for Practice but I did not come hither for Roguery L. H. Stew. My Lord Stafford until such time as the council-Council-Book comes which may be sent for Will your Lordship proceed to something else L. Wharton My Lord Steward I humbly conceive That it was resolved in the Lords House the day before yesterday that no Book should be sent for out of the Court and it was done upon the Judgment of all the Judges of England Yalden My Lords They will not permit me to go down L. H. Stew. There is a strange Quarrel between you Witnesses and an Affectation of complaining one of another Let Mr. Yalden go down Sir W. Jones My Lords I would only acquaint your Lordships that the council-Council-Book that my Lord does make mention of was in the hands of our Clerk we did not know of it when it was first discoursed of but now understanding that here it is we desire it may be delivered in to any body that hath occasion for it L. H. Stew. Hand it in Which was done L. H. Stew. What day does your Lordship speak of L. Stafford The 28 29 or 30. of September Clerk Then this is not the Book
disturbance But we desire your Lordships to consider whether this practise of having things written down for the Clerk to read may not introduce a Custom which may in time grow inconvenient for future Example I see no great danger in the particular Instance before your Lordships now but it is dangerous in such Cases to do any thing that is new in this Court Lord High Steward All the matter is whether it be read by my Lord who cannot be heard or read by the Clerk Sir Thomas Lee. We only oppose it out of fear of making a President which may be of ill consequence Lord High Steward Read it my Lord and raise your voice for it concerns you to speak out Lord Stafford Reading out of his Paper My Lords when I offered Matter of Law to your Lordships on Saturday last I did in no wise admit the Matter of Fact to be true that was alledged against me and so I desire to be understood And I hope your Lordships will not lay the less weight upon the Testimony of my Witnesses because they are not sworn for the Law does not suffer them to be sworn which is no fault of mine nor ought not to turn to my Prejudice I must appeal to your Lordships Judgments in point of Fact how far the Kings Witnesses are to be believed against me considering the whole matter and my Counter-proof Next I submit to your Lordships Judgments this point That the Impeachment being founded upon the Common Law and the Statute of 25 th Edw. 3. and not upon the Statute of 13 th of this King two of the Witnesses Dugdale and Turbervill do only swear Treasonable words spoken by me and not my Overt Act for they swear only that I promised them Money and Rewards to kill the King Now I humbly pray your Lordships Judgment whether bare speaking of words be an Overt Act and Treason at the Common Law or upon that Statute and whether there be more than speaking of Words in a Consult or otherwise proved by Dugdale and Turbervill I appeal to you then the other Witness Oats is but a single Witness who speaks of the receiving of a Commission This is that I offer to your Lordships now for your Judgments and then I desire I may have your Opinion in other things Lord High Steward Is this all your Lordship hath to say Lord Stafford For the present my Lords Lord High Steward You must say all you have to say now Lord Stafford Is it your Lordships pleasure to hear Counsel to nothing at all I did likwise alledge to your Lordships th' other day that People that swear for Money are not competent credible Witnesses how far that was proved or I may prove by my Counsel I submit to your Lordships Lord High Stewared Look you my Lord you have so far received already the pleasure of the House You have raised several Questions of Law whether every Overt Act require two Witnesses to prove it You have had the Opinion of the Judges and there is no more to be said in it As to that whether Impeachments continue from Parliament to Parliament and the other thing whether Proceedings may be upon an Impeachment without an Indictment these are matters of the Course and Constitutions of Parliaments my Lords will consider of them by themselves and will permit no Counsel to argue them For the other Point That words are no Overt Act that rests for their Opinion in another Case when it shall come for they have now no such Case before them Lord Stafford Thumbly conceive there is Lord High Steward There is a great difference between bare words being an Overt Act and perswasion by Promises of Money and Rewards to kill the King which is a very great Overt Act. Lord Stafford Is it possible to do an Act by Words If it be so I never heard it before Lord High Steward Otherwise men may promise Rewards to â—0 several persons to kill the King and then say 't is all but Words Lord Stafford I say it not but I humbly conceive the Law says it Lord High Steward What say you Gentlemen of the House of Commons Lord Stafford My Lords I have something to say which I desire to speak first My Lords I hope I have cleared to your Lordships that all the Witnesses have swore false against me and this I have made out by Proofs I say not much to that My Lord was searching for his Papers Truly my Lords I am confounded with the Noise and other Circumstances but my Lords I shall if your Lordships please to give me leave humbly represent my Case to you how I take it to be in matter of Fact as to my own Condition not any thing but how I am now before your Lordships I was my Lords committed by my Lord Chief Justices Warrant on the 20. or 21. of October 78. Friday the 25. of October I was brought to your Lordships Bar I was Impeached I do not remember the day my Lords the beginning of December in one Parliament Articles exhibited against me in another Parliament I was brought upon these Articles exhibited and being called to your Lordships Bar the Articles were read to me and I gave in my Answer that was sometime in May 79. and in the end of May the 27. if I mistake not if I do I desire it may be rectified by your Books I with the other Lords were brought to this place in order to our Trial. We staid some time there and then were remanded by your Order to the Tower where I continued till November twelve month after without having heard any thing concerning it so that I was first Impeached in one Parliament Articles brought against me and pleaded to in a second and now brought to my Trial in a third and what your Lordships will say upon this I submit to you and whether these be Proceedings according to Law your Lordships will judge My Lords I humbly conceive that Magna Charta says That Justice shall be denied nor delayed to no man whether it hath not been delayed to me let your Lordships judge If you say the Prorogation of the Parliament is the cause of that delay I hope your Lordships will give me leave to say That from the 5. of December to the 30. when the first Parliament was Prorogued or during the Session of the other Parliament there was time enough sure wherein I might have been brought to my Trial and if these proceedings be lawful and just there is no man living but may be kept off from time to time till some Accidents happen that their ends may be gained I leave it to your judgment whether it may be only my Case now or of some of your Lordships in future Ages to be accused of things that you never heard of before and not brought to justifie your selves but kept in Prison My Lords There is a Statute I have forgot where it is but such a one I have read that though
for this is for January L. Stafford My Lords Is it your Lordships pleasure I may have Pen Ink and Paper allowed me L. H. Stew. Yes yes give my Lord Pen Ink and Paper which they did Then the Lord High Steward looked upon the council-Council-Book L. H. Stew. My Lord Stafford In this Council-Book as far as we can inform our selves by the Table of it there is nothing at all of it it must be the Council-Book in September Sir Will. Jones We have no other Book but that L. H. Stew. Why did not your Lordship send all this while to the Council Table for any thing that was material but give the Court the trouble to be interrupted upon your Inquiries L. Stafford My Lords you may do what you please I did not know any such thing would have needed to be urged I have proof enough without the book The use I should have made of it is this I do appeal to some of your Lordships you that were of the Council I do appeal to which of you that were by whether Dr. Oats did not say at the Council Table he had been at Madrid he went from Vallidolid to Madrid and there did preach something at the Jesuits Colledge at Madrid what it was I cannot tell when Don John of Austria was by L. H. Stew. If any of my Lords of the Council do remember it they may Testifie L. Privy Seal My Lords I shall tell your Lordships as much as I remember of it Dr. Oats was examined about his Journey into Spain and amongst the rest some Question hapned to be asked whether he had seen Don John of Austria he said he had seen one that was called so that he knew him not but he was pointed to one that they said was Don John of Austria that I heard L. Stafford My Lord I thank you L. H. Stew. You hear what is said Dr. Oats Dr. Oats My Lords suppose I did say so I think there is no crime in it L. H. Stew. 'T is not objected against you as a Crime but as a mistake in your Oath there was no such man there L. Privy Seal My Lords I would not be misunderstood in the Evidence I give I did not say that Oats said he knew him but that he knew him not and only was told such a man was he Dr. Oats It was made apparent that I did not know him because I mistook his Person L. Stafford I do stand upon it That upon his Oath and I have reason to believe he did so because I am so informed he said it was Don John of Austria L. Privy Seal No my Lord Dr. Oats said he was a tall lean man and it seems he was a little fat man L. Stafford If any man would shew him a man to counterfeit Don John of Austria he would not shew him a lean man for a fat L. H. Stew. Go on my Lord. L. Stafford I shall now put your Lordships in mind that he swore but my Memory is bad and my Eyes much worse that he saw me receive a Commission and it seems he saw what it was too Now it is strange that amongst so many Commissions that were given none should be extant I desire him to shew the Commission he saw me receive L. H. Stew. Would your Lordship have him shew the Commissions which he saw you receive L. Stafford I do not believe he can shew my Commission for I am sure there was none I desire him to shew any one of my Letters he talks of He says he came over feigning to be a Papist when he was not and that they shewed him presently all my Letters and now he is come to discover the Plot I ask him did he keep any one of my Letters L. H. Stew. Have you any of any Lords Letters by you Dr. Oats My Lords I could not keep any Letters sent to the Fathers I had a fight of them but none of them to my particular use L. Stafford Does he know my Hand did he ever see it in his life Dr. Oats Yes I do know his Hand I believe I have a Letter of my Lords by me but not about me 't is of no Concern I 'm sure I have one of my Lord Arundel's L. Stafford But he says he hath a Letter of mine let him shew one of my Letters Dr. Oats He writes a mixt Hand I think 't is but an indifferent one L. Stafford So many Comissions and so many Letters as are spoken of and not one to be found or produced L. H. Stew. Can you send for the Letter Dr. Oats My Lords I am not certain of that L. H. Stew. Where did you see my Lord write Dr. Oats At Fenwick's my Lords when I carried the Letter to the Post L. Stafford How often hath he seen me at Fenwick's Dr. Oats My Lords not above twice if twice L. Stafford My Lords I cannot say I did not see him there but I can say I don't know the place nor that ever I was there Dr. Oats My Lords will his Lordship say I never saw him at Dr. Perrots L. Stafford Who Dr. Oats My Lord Stafford L. Stafford Where did he live Dr. Oats In Dukes-street going into Lincolns-Inn-Fields he is the Arch-Priest of the Seculars that is the Principal of the Secular Clergy and he hath the care of the English Colledge for the sending of Scholars to the Colledge Mr. Fisher my Lord Stafford and Dr. Perrot were together discoursing about sending his Son thither and Mr. Fisher would have one sent with him that was Dr. Perrot's Man L. Stafford I do profess before God I was never at Dr. Perrot's in my whole life L. H. Stew. Did not you send your Son abroad L. Stafford No my Lords not I. L. H. Stew. Had he a Servant at Dr. Perrot's to attend him Dr. Oats No my Lords not that I know of I cannot say he had not L. Stafford I tell you positively as I am a Christian my Lords I did not send my Son to Lisbon he went against my Will I told him I had an aversion to it but said I will not lay my Commands on you not to go but he would go I could not help it I told him Do you mean to go into the Colledge he would not tell me L. H. Stew. Pray my Lord does not your Lordship know Dr. Perrot Lord Stafford Yes my Lords I do L. Stafford Were you never with him at his House in Duke-street L. Stafford No my Lords never in my life nor saw that Fisher he speaks of ever in my life Dr. Oats My Lords 't is against the Rules of that House that any be admitted of that House if their Parents be Catholicks without consent of their Parents L. Stafford If he be admitted there I know it not Dr. Oats He lives there L. Stafford But I protest before God my Lords I asked him that Question Will you go to the Colledge No says he I will go to lie at the Bishops House but