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A63208 The tryal of William Viscount Stafford for high treason in conspiring the death of the King, the extirpation of the Protestant religion, the subversion of the government, and introduction of popery into this realm : upon an impeachment by the knights, citizens, and burgesses in Parliament assembled, in the name of themselves and of all the commons of England : begun in Westminster-Hall the 30. day of November 1680, and continued until the 7. of December following, on which day judgment of high treason was given upon him : with the manner of his execution the 29. of the same month. Stafford, William Howard, Viscount, 1614-1680. 1681 (1681) Wing T2239; ESTC R37174 272,356 282

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told you of it M. Hanson Old Mr. Sambidge and Mr. Philips the Parson of Tixall L. H. Steward Were they in the House at that time Mr. Hanson Yes L. H. Stew. Were they by when the discourse was Mr. Hanson Mr Sambidge was going to drink a Bottle of Ale as he said at my Lords Bowling Green and for a while he sits down and presently Mr. Philips comes in and sits down and Mr. Dugdale came out of the Parlour into the Room where we were come said I What News said he They say there is a Justice of Peace murdered at Westminster Sir Fr. Winn. Was Philips in the Room Mr. Hanson Yes he hath forgot it but he was there L. H. Steward Did Philips hear it Mr. Hanson He might have heard it if he would L. H. Stew. Had you any discourse with Philips about this since Mr. Hanson No my Lords Sir Fr. VVinn He is positive both as to the day of the month and as to the week and that both of them were present Sir W. Jones My Lords ●e shall prove to you now That the Post which comes out of London on Saturday comes to this place on Munday morning and those which goes out of Tuesday come there on Thursday morning and the Post which goes out of London on Thursday comes to this place on Saturday morning L. Stafford He says the Post comes such and such days I own it and in the morning too Sir Will. Jones Then I go on my Lords to another point which will be a farther Confirmation of the matter For my Lords we will prove to you and that by men of Quality that the noise of the Murder was in that Countrey the Wednesday and Thursday following the Murder Your Lordships please to observe Sir Edmundbury Godfrey was killed the Twelfth of October he was found the Thursday following which was as I take it the 16. or 17. of October We will prove now that the noise and knowledge of the Murder was in the Countrey about Tixal before he was found here near London Now we only bring this as a Confirmation of this matter that it was revealed at the Alehouse and so it went about the Countrey And for this we call Edward Birch Esquire and John Turton Esquire Sir Fr. VVinn Before we examine them I would state the time Sir Edmundbury Godfrey was missing on Saturday which was the 12. of October his Murder was not discovered till Thursday We call these persons to a double purpose the one to fortifie what our Witnesses have said and the other to shew that this man was dispatched by these Mens Confederates because they knew it so soon which could not have been but that they were in the Conspiracy themselves L. Staff I desire only that he may say whether he means me among the rest Sir Fr. Winn. My Lord I will do you no wrong I speak of those at Tixal Then Mr. Birch was sworn L. H. Steward When did you hear of the death of Sir Edmundbury Godfrey Mr. Birch Mr. Birch My Lords I did not hear any thing of the death of Sir Edmundbury Godfrey till the Saturday-Post but I presume that which these Gentlemen call me for is this I did hear before Thursday I think Tuesday was the first day that there was a Justice of Peace of Middlesex killed and it was thought the Papists murdered him and this on Tuesday and Wednesday was all over the Countrey that is Tuesday after his death for I 'll tell your Lordships how I came to take notice of it for hearing such a report in the Countrey I did not so much take notice of it but being at the Kings Bench Bar at the Tryal of Green Berry and Hill for the Murder of Sir Edmundbury Godfrey I found upon the Evidence that the Body was not found till the Thursday after he was killed that made me recollect my self as to what I had heard in the Countrey and as I stood at the Bar I told several Gentlemen that I did perfectly remember before Thursday it was discoursed of in the Countrey by several Gentlemen where I lived Sir Will. Jones Call John Turton Esquire Sir Fr. Winn. Some of my Lords here I perceive desire he should be asked a more particular Question L. H. Steward I desire to ask him this You heard of it you say on Tuesday that a Justice of Peace of Middlesex was killed I desire to know who you heard it from Mr. Birch Truly my Lords I can't tell For I 'll tell your Lordships I have some certain days that I constantly appoint to be at home in when people come about business to me Among these people several came that asked me what news I had from London I told them I had received a Letter or two by the Post and I shewed them those Letters there was little or nothing in them Thereupon they asked me if I did not hear of a Justice of Middlesex that was killed No said I. How come you to hear it says one I come through Cank which is within half a mile of mine own house and as I came through there came a person from Heywood that said 't is all the news about Tixal and Heywood and that part of the Countrey And this was said to me in my own House Sir Fr. Winn. How far is Heywood from Tixal Mr. Birch About a mile Sir Fr. Winn. Now my Lords I would ask Mr. Turton to the fame business Mr. Turton was sworn L. H. Stew. Mr. Turton pray hear When did you first hear in Staffordshire of the death of a Justice of Peace of Middlesex Mr. Turton My Lords there are two Races in that Countrey at a place near Lichfield and they are about the middle of October the one that year was the 15. the other the 18. the one the Tuesday and the other the Friday I was at both of them and one of the days which I cannot be positive in there was one Mr. Whitehall a Justice of Peace in Staffordshire called me from the company and desired to speak with me by my self Said he Do you hear any news No said I. Do you hear nothing said he of a Justice of Peace that is murdered I then had not heard of Sir Edmundbury Godfreys being missing No says he don't you hear he is murdered Do you know him Yes said I how do you hear it says he 't is a report about us but I did not then believe it but the next Post-day which was Munday I did hear it it was either Tuesday or Friday one of those days Sir Will. Jones If it were either one or 'tother 't is as strange and the Evidence as strong for his Body was not found till Thursday Sir Fr. VVin. And will your Lordships please to observe that by that time the report had got the name of Godfrey too when at that same time we in London did not know what was become of him Mr. Turton He asked me if I knew Sir Edmundbury
of the Reign of our said Lord now King of England c. at the aforesaid Parish of Saint Margaret VVestminster in the County of Middlesex aforesaid falsly and traiterously devised composed and writ two other Letters to be sent to one Monsieur Le Chese then Servant and Confessor of the said French King to the intent that he the said Monsieur Le Chese should intreat procure and obtain to the said Edward Coleman and other false Traitors against our said Soveraign Lord the King from the aforesaid French King his Aid Assistance and Adherence to alter the true Religion in this Kingdom of England then and still Established to the Superstition of the Church of Rome and to Subvert the Government of this Kingdom of England And that the aforesaid Edward Coloman in further prosecution of his Treasons and Traiterous Imaginations and Purposes aforesaid afterwards to wit the same Twenty Ninth Day of September in the abovesaid Twenty Seventh Year of the Reign of our said now Lord the King the aforesaid several Letters from the said Parish of Saint Margaret Westminster in the County of Middlesex aforesaid falsly subtilly and traiterously did send into Parts beyond the Seas there to be delivered to the said Monsieur Le Chese And that the aforesaid Edward Coleman afterwards to wit the First Day of December in the Twenty Seventh Year of the Reign of our Soveraign Lord CHARLES the Second now King of England c. at the aforesaid Parish of Saint Margaret Westminster in the County of Middlesex aforesaid one Letter from the aforesaid Mounsie●r L● Ches● in answer to one of the said Letters so by him the said Edward Coleman writ and to the said Monsieur L● Che●e to be sent first mentioned falsly subtilly and traiterously received and that Letter so in answer received the Day and Year last abovesaid at the aforesaid Parish of Saint Margaret Westminster aforesaid in the County of Middlesex aforesaid falsly subtilly and traiterously did inspect and read over and that the aforesaid Edward Coleman the Letter aforesaid so by him in answer received in his custody and possession the day and year last aforesaid at the aforesaid Parish of St. Margaret Westminster in the County of Middlesex aforesaid falsly subtilly and traiterously detained concealed and kept By which said Letter the said Monsieur Le Chese the day and year last abovesaid at the aforesaid Parish of St. Margaret Westminster in the County of Middlesex aforesaid signified and promised to the said Edward Coleman to obtain for him the said Edward Coleman and other false Traitors against our said Lord the King from the said French King his Aid Assistance and Adherence And that the aforesaid Edward Coleman afterwards to wit the Tenth day of December in the abovesaid Twenty seventh Year of the Reign of our said Soveraign Lord Charles the Second now King of England c. at the Parish of St. Margaret VVestminster aforesaid in the County of Middlesex aforesaid falsly maliciously subtilly and traiterously did relate and declare his traiterous Designs and Purposes aforesaid to one Monsieur Ro●vigni then Envoy Extraordinary from the French King to our said most Serene King at the Parish aforesaid in the County aforesaid residing to move and excite him the said Envoy Extraordinary with him the said Edward Coleman in his Treasons aforesaid to partake And the sooner to fulfil and compleat those his wicked Treasons and traiterous imaginations and purposes aforesaid he the said Edward Coleman afterward to wit December 19. in the abovesaid 27 th year of the Reign of our said Lord Charles the Second now King of England c. at the aforesaid Parish of S. Margaret Westminster in the County of Middlesex aforesaid advisedly maliciously subtilly and traiterously did devise compose and write three other Letters to be sent to one Sir William Throgmorton Knt. then a Subject of our now Lord the King of this Kingdom of England and residing in France in Parts beyond the Seas to sollicite him the aforesaid Monsieur Le Chese to procure obtain of the said French King his Aid Assistance and Adherence aforesaid And those Letters last mentioned afterwards to wit the day and year last abovesaid from the aforesaid Parish of St. Margaret Westminster in the County of Middlesex aforesaid to the same Sir William Throgmorton in France aforesaid falsly and traiterously did send and cause to be delivered against the duty of his Allegiance and against the Peace of our said now Lord the King his Crown and Dignity and against the Form of the Statute in such case made and provided Wherefore 〈◊〉 was commanded the Sheriff of the County aforesaid that he should not omit c but that he should take him if c. to answer c And now to wit on Saturday next after eight days of St. Martin this same Term before our Lord the King at Westminster came the aforesaid Edw. Coleman under the Custody of Will. Richardson Gent Keeper of the Gaol of our said Lord the King of Newgate by vertue of the King 's Writ of Habeas Corpus ad Subjiciend c. into whose custody before then for the cause aforesaid he was committed to the Bar here brought in his proper person who is committed to the Marshal c. and presently of the Premisses to him above imposed being asked how he will thereof be acquitted saith that he is in no wise thereof guilty and thereof for good and evil doth put himself upon the Country Therefore let a Jury thereupon come before our Lord the King at Westminster on Wednesday next after fifteen days of St. Martin and who c. to recognize c. because c. the same day is given to the said Edward Coleman c. under the custody of the said Keeper of the Gaol of our said Lord the King of Newgate aforesaid in the mean time committed to be safely kept until c. At which Wednesday next after fifteen days of St Martin before our Lord the King at Westminster came the aforesaid Edward Coleman under custody of the aforesaid keeper of the Kings Gaol of Newgate aforesaid by vertue of a Writ of our Lord the King of Habeas Corpus ad Subjiciend c. to the Bar here brought in his proper person who is committed to the aforesaid Keeper of the Kings Gaol of Newgate aforesaid And the Jurors of the Jury aforesaid by the Sheriff of the County aforesaid hereunto impannelled being called came who being chosen tryed and sworn to speak the Truth upon the Premisses say upon their Oaths that the aforesaid Edward Coleman is guilty of the High Treason aforesaid in the Indictment aforesaid specified in manner and Form as by the said Indictment above against him his supposed and that the aforesaid Edward Coleman at the time of perpetration of the High Treason aforesaid or at any time afterwards had no Goods Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And the aforesaid Edward Coleman
being asked if he hath any thing or knows what to say for himself why the Court here ought not to proceed to Judgment and Execution of him upon the Verdict aforesaid saith nothing but as before he had said And hereupon instantly the Attorney General of our said Lord the King according to due form of Law demandeth against him the said Edward Judgment and Execution to be had upon the Verdict aforesaid for our Lord the King Whereupon all and singular the Premisses being viewed and by the Court here understood It is considered That the said Edward Coleman be led by the said Keeper of the Gaol of Newgate aforesaid unto Newgate aforesaid from thence directly be drawn to the Gallows of Tyburn and upon those Gallows there be hanged and be cut down alive to the Earth and his Entrals be taken out of hi● Belly and be burned he still living and that the Head of him be cut off and that the Body of him be divided into Four parts and that those Head and Quarters be put where our Lord the King will assign them c. L. Staff I do not hear one word he says my Lords L. H. Stew. My Lord this does not concern your Lordship any further than as to the generality of the Plot. Sir Will. Jones My Lords we have now done with our Proofs for the first general head that we opened which was to make it out that there was a Plot in general We now come to give our particular Evidence against this very Lord and before we do begin we think fit to acquaint your Lordships that our Evidence will take up some time if your Lordships will have the patience to hear it now we will give it but if your Lordships will not sit so long till we can finish it it may be some inconvenience to us to break off in the middle And therefore we humbly offer it to your Lordships consideration whether you will hear it now or no. L. H. Stew. If it cannot be all given and heard now it were better all should be given to morrow Sir Will. Jones If your Lordships please then we will reserve it till to morrow L. Staff My Lords I would only have your directions whether I shall answer this General first or stay till all be said against me That which I have to say to this General will be very short L. H. Stew. My Lord you are to make all your Answer entire and that is best for you L. Staff I am very well contented that I may be the better prepared for it L. H. Stew. Is it your Lordships pleasure that we should Adjourn into the Parliament Chamber Lords Ay Ay. L. H. Stew. Then this House is Adjourned into the Parliament Chember And the Lords went away in the same Order they came The Commons returned to their House and Mr. Speaker resumed the Chair and then the House Adjourned to eight of the clock the next morning The Second Day Wednesday December 1. 1680. A Message was sent from the Lords by Sir Timothy Baldwyn and Sir Samuel Clark Mr Speaker The Lords have sent us to acquaint this House That they intend to proceed to the Tryal of William Viscount Stafford at ten of the clock this morning in Westminster-Hall Mr. Speaker left the Chair and the Commons came into Westminster Hall in the new erected Court And the Managers appointed by the Commons went into the Room prepared for them in that Court to proceed to the particular Evidence against William Viscount Stafford About ten of the clock in the morning the Lords came into the said Court in their former Order and Proclamation being made of Silence and for the Lieutenant of the Tower to bring his Prisoner to the Bar they proceeded L. H. Stew. My Lords expect you should go on with your Evidence and proceed in the Tryal of this Noble Lord. L. Stafford My Lords if your Lordships please I humbly desire that my Counsel may be near me for the Arguing of what is fit to them to speak to as to points of Law for points of Fact I do not desire it L. H. Stew. My Lord you have an Order for your Counsel to attend and they must and ought to attend Mr. Serjeant Maynard The Counsel must not suggest any thing to him while the Evidence is giving they are not to be heard as to matter of Fact L. H. Stew. It is not intended to make use of Counsel as to matter of Fact but they may stand by Mr. Serjeant Maynard My Lords they may stand within hearing but not within prompting L. Staff I assure you if I had all the Counsel in the world I would not make use of them for any matter of Fact Mr. Treby My Lords will you please to order them to stand at a convenient distance that they may not prompt the Prisoner Sir Will. Jones My Lords I hope your Lordships will consider that a man in a Capital Cause ought not to have Counsel to matter of Fact 'T is true he may advise with his Counsel I deny it not but for him in the face of the Court to communicate with his Counsel and by them be told what he shall say as to matters of Fact is that which with submission is not to be allowed If your Lordships order they shall be within hearing I do not oppose it but then I desire they may stand at that distance that there may be no means of intercouse unless points in Law do arise L. H. Stew. You were best make that exception when there is Cause for it in the mean time go on with your Evidence Sir Franc. Winn. We did perceive his Counsel came up towards the Bar and very near him and therefore we thought it our duty to speak before any inconvenience happened This Lord being accused of High Treason the allowing of Counsel is not a matter of Discretion If matters of Law arise all our Books say that Counsel ought to be allowed But we pray that there may be no Counsel to advise him in matter of Fact nor till your Lordships find some Question of Law to arise upon the Evidence L. H. Stew. When there is Cause take the Exception but they do not as yet misbehave themselves Mr. Treby My Lords we presume your Lordships did from the strength and clearness of yesterdays Evidence receive full satisfaction concerning the general Plot and Conspiracy of the Popish Party It being an Evidence apparently invincible not out of the mouths of two or three Witnesses only but of twice that number or more credible persons Upon which we doubt not but your Lordships who hear and Strangers and unborn Posterity when they shall hear will justifie this Prosecution of the Commons and will allow that this Impeachment is the proper voice of the Nation crying out as when the knife is at the throat By the Evidence already given I say it is manife●t that there was a general grand Design to destroy our
to give some Reasons to your Lordships why those Laws that were against them should be repealed as well Protestant Dissenters as those of the Church of Rome and why they should have some kind of Toleration among whom you did permit those of the Romish Religion to appear too I forget their Names And I remember particularly one of the forts of them an Anabaptist I think did urge for a Reason that which is a great truth that they held Rebellion to be the Sin of Whitchcrast I believe it is as bad as any Sin can be My Lords that came to nothing at that time but my Lords I believe that after that all of all Religions had Meetings among themselves to endeavour to get that Toleration which they proposed humbly to your Lordships there I will never deny my Lords that my Opinion was and is that this Kingdom can never be happy till an Act of Parliament pass to this Effect it was my Opinion then and I did endeavour it all I could that the Dissenting Protestants might have a Comprehension and the other a Toleration I acknowledge it to be my Intention and I think it was no ill one for if that be a true Copy of the Commons Votes which is in Print there is some such thing designing there as a Comprehension and I was of Opinion that it were sufficient that such as were of the Church of Rome might by Act of Parliament serve God in their own Houses and privately in their own Way not in publick and that for it they should pay something to the King out of their Estates but truly not much That they should be severely punished if they or any of them did endeavour to persuade any Subject to their Opinion or did come to Court or enjoy any Office whatsoever though it were but that of a Scavenger but that they should pay their proportion to all chargeable Offices That I profess my Lords was my Opinion and I confess to your Lordships 't is so still I was in some hopes that it would have been done in that Sessions because I was afraid it was unlikely to be done at any time else I confess to your Lordships I was heartily and cordially against the Test because it hindred those just and honest things that were for the Good of the Kingdom My Lords there was the first or or the second Day brought into your Lordships House the Record of Mr. Coleman's Tryal and for the Letters in it I do my Lords declare to your Lordships I never read of one of them before but I have read them since they have been in Print And when I read them first cursorily over my Opinion was and is That Coleman's endavouring by Money out of France and keeping off the Parliament to get a Toleration was that which he could not justifie by Law how fat it was Criminal that I do not know I am not so skilled in the Law I think it was not justifiable but he hath paid for it severely since My Lords I do declare that ever since I had the Honour to fit among your Lordships which is now 40 Years for in the Year 1640. I was by His Majesties favour called up a Peer I have valued my self upon the Honour of sitting with you and I do declare when I have sat in this House when your Lordships have desired the King when it was hot weather and unseasonable to put off the Sitting of the Parliament I was never glad of it but sorry when they were prorogued but for a short time This I profess is true and I hope I am no Criminal in it for I do value the Parliaments Sitting to be the only means to keep this Kingdom quiet My Lords 'T is very true by Coleman's Letters and what I have seen in print since I do believe there have been some Consultations for a Toleration and if I had known as much then as I have since I have been in the Tower I had perhaps prevented many things for my Lords I hold England to be a great and an happy Body but it is as other great Bodies are it may be now as you know before it was over-grown or sick it was then and I pray God it be not now but I hold nothing can cure it but that old English Physician the King your Lordships and the Commons in Parliament assembled But if I had known any such Design as Coleman's Letters do hint I would not have continued in England My Lords For that damnable Opinion of King-killing if I were of any Church whatsoever and found that to be its Principle I would leave it My Lords this is as true as I can speak any thing in the world I beg your Lordships pardon for troubling you with my impertinencies and hope you pardon it to my weakness My Lords I do profess before Almighty God and before your Lordships my Judges I know no one tittle nor point of the Plot and if I did I hold my self bound to declare it For the present I shall say little more unless the Managers give me occasion if they will reply and make any Objections I desire I may answer them I know the great disadvantages I am under when these Gentlemen who are great Scholars and Learned Men reply upon me who have those great helps of Memory Parts and Understanding in the Law all which I want And therefore I hope your Lordships will dot conclude me upon what they or I have said but will be pleased to debate the matter among your selves and be as well my Counsel as my Judges My Lords when I offer to your Lordships matter of Law I did in no wise admit the matter of Fact Lord High Steward My Lord I cannot hear you Lord Stafford My Lords if your Lordships please that Paper may be read Lord High Steward Deliver your Paper in my Lords cannot hear Lord Stafford I cannot ●eny to your Lordships that what happened to me on Saturday night disturbed me very much Every day since I came ●●ther there hath been such shouting and houting by a Company of barbarous Rabble as never was heard the like I believe but it was at a distance most of the time and so it did not much concern me But Saturday night it was so near and so great that really it hath disturbed me ever since it was great to day but at a distance if it were not thus I should not offer a Paper to be read I scarce know what I do or say considering the Circumstances I am in Lord High Steward Take my Lords Paper and read it Sir Thomas Lee. My Lords I desire you will please to consider whether this may not introduce a new Custom by reading of this Paper As to what my Lord is pleased to say I am sorry for the occasion that any disturbance should arise to my Lord from the Rabble or any one else I hope his Lordship believes we cannot help nor do we contribute to that