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. Dublin Reprinted by Jos Ray at College-Green and are to be sold by S. Helsham Job North Jos Howes and the rest of the Booksellers of Dublin 1681. The TRYAL of William Viscount Stafford Begun in Westminster-Hall November 30. 1680. The First Day WIlliam Earl of Powis William Viscount Stafford Henry Lord Arundel of Wardour William Lord Petre and John Lord Bellasis having been formerly impeached in the House of Lords of High Treason and other high Crimes and Offences by the House of Commons in the Name of Themselves and of all the Commons of England And the House of Commons having sent a Message to the Lords to acquaint them with the Resolution of that House to proceed to the Tryal of those Lords then in the Tower and forthwith to begin with the said Viscount Stafford and to desire their Lordships to appoint a convenient day for the Tryal of the said Viscount Stafford their Lordships did thereupon appoint the 30. day of November 1680. for his Trial And a place in Westminster-Hall having been for that purpose erected the same was as followeth viz. Therein were both Seats and Wool-packs correspondent in all points to those in the House of Lords as also a State placed at the upper end thereof with a Cabinet for the King and whom His Majesty should think fit to attend him there on the right hand the State and the like on the left hand for the Queen and her Followers As also Galleries over head for Ambassadors and others And to the end that the Commons might be fitted with Seats upon this great occasion there were erected for them on each side divers Benches on several degrees extending to the utmost Walls of the Hall At the lower end the Bar whereunto the Prisoners were to be brought being placed on the right hand thereof was a place raised about five Foot wherein the Witnesses were to stand and on the left hand a convenient Room for those particular Members of the House of Commons which were to manage the Evidence And the Right Honourable Heneage Lord Finch Baron of Daventry Lord High Chancellor of England being by His Majesties Special Letters Patent bearing date the 30. of November 1680. Constituted Lord High Steward for that present occasion upon Tuesday the said 30. of November the Lord High Steward was honorably attended from his House in Queen-street by all the Judges of His Majesties Courts in Westminster-Hall in their Robes as also by Garter Principal King of Arms in His Majesties Coat of Arms and the Gentleman Usher of the Black Rod unto whom His Majesty had the day before delivered the White Wand to be carried before his Lordship and about nine of the clock in the morning set forwards in his Coach towards Westminster sitting at the hinder end thereof Garter and the Gentleman who bore the Great Seal sitting both uncovered at the other end one of the Setjeants at Arms with his Mace being placed on the right side the Coach and the Usher of the Black Rod carrying the VVhite VVand on the left side the Judges and his Lordships Gentlemen in several Coaches following after Being thus come to the Stairs-foot ascending to the House of Peers the Judges went up two and two together the Juniors first next the Lord High Steward's Gentlemen after them the Serjeant at Arms with his Mace and the Seal bearer and lastly the Gentleman Usher of the Black Rod bearing the VVhite VVand Garter principal King of Arms going on his right hand Then his Lordship alone his Train born by one of his Gentlemen in this manner entring the House of Peers he found all the Lords in their Scarlet Robes also the Bishops in their Rochets and took his place upon the uppermost Woolsack This done and Prayers ended his Commission for Lord High Steward was read And then the Bishops receded and the Lords Adjourned themselves into the new erected a Court in VVestminster-Hall All things being thus in readiness and a large Door-place broken through the upper end of VVestminster-Hall into that Room which was heretofore the Court of VVards Their Lordships passed from their House first into the Painted Chamber then through that called the Court of Requests Thence turning on the left hand into that called the Court of VVards then entred at the Door so broke down as aforesaid into VVestminster Hall and passed through a long Gallery placed between the King's Bench and Chancery Courts into this New erected Court in VVestminster-Hall and proceeded after this manner viz. First the Assistants to the Clerk of the Parliament Then the Clerk of the Crown in Chancery and Clerk of the Parliament after them the Masters in Chancery two and two and the King's Attorney General alone Then the Judges of all Courts in VVestminster-Hall by two and two Next to them Noblemens Eldest Sons After them Four Serjeants at Arms bearing their Maces Next the Gentleman Usher of the Black Rod. Then all the Noble Men according to their respective Degrees the Juniors first viz. Barons Viscounts Earls Great Officer viz. Lord Chamberlain of the Houshould Marquesses Dukes Great Officers Lord Privy Seal Great Officers Lord President of the Council Then Four more Serjeants at Arms bearing their Maces After them the Gentleman carrying the Great Seal Then one of His Majesties Gentlemen Ushers daily-waiters carrying the White Wand Garter Principal King of Arms going on his right Hand Then the Lord High Steward alone having his Train born and after him his Highness Rupert Duke of Cumberland a Prince of the Blood This done and the whole House of Peers having taken their Places according to their Degrees the Commons being also Seated on each side and the Managers in the Room appointed for them the Commons being all bare The Lord High Steward after obeysance made towards the State took his place upon the uppermost Wool-sack and thereupon receiving the VVhite VVand from Garter and the Gentleman Usher upon their Knees delivered it to the Usher of the Black Rod who held it during the time of Sitting there Having so done his Lordship said Cryer make Proclamation of Silence Then the Cryer a Serjeant at Arms made Proclamation thus All manner of Persons are straitly commanded to keep Silence upon pain of Imprisonment God save the King Lord High Steward Make Proclamation for the Lieutenant of the Tower to bring the Prisoner to the Bar. Cryer Oyes Oyes Oyes Lieutenant
of the Tower of London bring forth thy Prisoner William Viscount Stafford upon pain and peril shall fall thereon God save the King Whereupon the Lieutenant of the Tower brought the Prisoner to the Bar. Usher of the Black Rod. My Lord Stafford must kneel which he did Lord high Steward Rise my Lord. Then he Arose and stood at the Bar and the Lord High Steward spake to him as followeth My Lord Viscount Stafford THE Commons of England Assembled in Parliament have Impeach'd your Lordship of High Treason and you are brought this Day to the Bar to be Tryed upon that Impeachment You are not Try'd upon the Indictment of Treason found by the Grand Jury tho there be that too in the Case But you are Prosecuted and Pursued by the Loud and Dreadsul Complaints of the Commons and are to be Try'd upon the Presentment which hath been made by the Grand Inquest of the whole Nation In this so Great and Weighty Cause you are to be Judg'd by the whole Body of the House of Peers The Highest and the Noblest Court in This or perhaps in any other part of the Christian World Here you may be sure no False Weights or Measures ever will or can be found Here the Ballance will be exactly kept and all the Grains of Allowance which your Case will bear will certainly be put into the Scales But as it is impossible for my Lords to Condemn the Innocent so 't is equally Impossible that They should clear the Guilty If therefore you have been Agitated by a Restless Zeal to Promote that which you call the Catholick Cause If this Zeal have Engaged you in such Deep and Black Designs as you are Charged with and this Charge shall be fully Prov'd Then you must Expect to Reap what you have Sown for every Work must and ought to Receive the Wages that are due to it Hear therefore with Patience what shall be said against you for you shall have full Time and Scope to Answer it Aud when you come to make your Defence you shall have a very fair and equal Hearing In the mean time the best Entrance upon this Service will be to begin with Reading of the Charge Lord High Steward My Lord if your Lordship find your self infirm and unable to stand your Lordship may have a Chair to ease your self whilst the Charge is Reading and a Chair was brought accordingly and his Lordship sate thereon Clerk of the Parliament Read the Charge Articles of Impeachment of High Treason and other high Crimes and Offences against William Earl of Powis William Viscount Stafford and Henry Lord Arundel of Wardour William Lord Petre and John Lord Bellasis now Prisoners in the Tower of London 1. THat for many years now last past there hath been contrived and carried on by Papists a Trayterous and execrable Conspiracy and Plot within this Kingdom of England and other places to Alter Change and Subvert the Ancient Government and Laws of this Kingdom and Nation and to Suppress the True Religion therein Established and to Extirpate and Destroy the Professors thereof which said Plot and Conspiracy was contrived and carried on in divers Places and by several ways and means and by a great number of Persons of several Qualities and Degrees who Acted therein and intended thereby to Execute and Accomplish the aforesaid Wicked and Traiterous Designs and Purposes That the said William Earl of Powis William Viscount Stafford Henry Lord Arundel of Wardour William Lord Petre and John Lord Bellasis together with Philip Howard commonly called Cardinal of Norfolk Thomas White alias Whitebread commonly called Provincial of the Jesuits in England Richard Strange lately called Provincial of the Jesuits in England Vincent commonly called Provincial of the Dominicans in England James Corker commonly called President of the Benedictines Sir John Warner alias Clare Baronet William Harcourt John Kenis Nicholas Blundel Poole Edward Mico Thomas Bedingfield alias Benefield Basil Langworth Charles Peters Richard Peters John Conyers Sir George Wakeman Thomas Fenwick Dominick Kelly Fitzgerald Evers Sir Thomas Preston William Lovel Jesuits Lord Baltamore John Carrel John Townely Richard Langhorn William Fogarty Thomas Penny Matthew Medbourn Edward Coleman William Ireland John Grove Thomas Pickering John Smith and divers other Jesuits Priests Fryers and other Persons as false Traytors to his Majesty and this Kingdom within the time aforesaid have Traiterously Consulted Contrived and Acted to and for the accomplishing of the said wicked pernitious and Traiterous Designs and for that end did most wickedly and Traiterously agree Conspire and resolve to Imprison Depose and Murder his Sacred Majesty and to deprive him of his Royal State Crown and Dignity and by malicious and advised speaking writing and otherwise declared such their Purposes and Intentions And also to subject this Kingdom and Nation to the Pope and to his Tyrannical Government And to seize and share amongst themselves the Estates and Inheritances of his Majesties Protestant Subjects And to Erect and Restore Abbeys Monasteries and other Convents and Societies which have been long since by the Laws of this Kingdom suppressed for their Superstition and Idolatry and to deliver up and restore to them the Lands and Possessions now vested in his Majesty and his Subjects by the Laws and Statutes of this Realm And also to Found and Erect new Monasteries and Convents and to remove and deprive all Protestant Bishops and other Ecclesiastical persons from their Offices Benefices and Preferments And by this means to destroy his Majesties Person extirpate the Protestant Religion overthrow the Rights Liberties and Properties of all his Majesties good Subjects Subvert the lawful Government of this Kingdom and subject the same to the Tyranny of the See of Rome 3. That the said Conspirators and their Complices and Confederates Traiterously had and held several Meetings Assemblies and Consultations wherein it was Contrived and Designed among them what means should be used and what Persons and Instruments should be Employed to Murder his Majesty And did then and there resolve to effect it by Poisoning Shooting Stabbing or some such like ways and means and offered Rewards and Promises of advantage to several persons to execute the same and hired and imployed several wicked persons to go to Windsor and other places where his Majesty did reside to murder and destroy his Majesty which said persons or some of them accepted such Rewards and undertook the perpetrating thereof and did actually go to the said Places for that end and purpose 4. That the said Conspirators the better to compass their Trayterous Designs have Consulted to Raise and have procured and raised Men Money Horses Arms and Ammunition and also have made Application to and Treated and Corresponded with the Pope his Cardinals Nuncioes and Agents and with other Forreign Ministers and Persons to raise and obtain Supplies of Men Money Arms and Ammunition therewith to make levy and raise War Rebellion and Tumults within this Kingdom and to Invade the same with
Forreign Forces and to surprize seize and destroy His Majesties Navy Forts Magazines and places of strength within this Kingdom whereupon the Calamities of War Murders of Innocent Subjects Men Women and Children Burnings Rapines Devastations and other dreadful Miseries and Mischiefs must inevitably have ensued to the ruine and destruction of this Nation 5. And the said Conspirators have procured and accepted and delivered out several Instruments Commissions and Powers made and granted by or under the Pope or other Vnlawful and Vsurped Authority to raise and dispose of Men Moneys Arms and other things necessary for their wicked and traiterous Designs and namely a Commission for the said Henry Lord Arundel of Wardour to be Lord Chancellor of England another Commission to the said William Earl of Powis to be Lord Treasurer of England another Commission to the said John Lord Bellasis to be General of the Army to be raised another Commission to the said William Lord Petre to be Lieutenant General of the same Army and a Power for the said William Viscount Stafford to be Paymaster of the Army 6. That in order to encourage themselves in Prosecuting their said wicked Plots Conspiracies and Treasons and to hide and hinder the Discovery of the same and to secure themselves from Justice and Punishment the Conspirators aforesaid their Complices and Confederates have used many wicked and diabolical Practices viz. They did cause their Priests to Administer to the said Conspirators an Oath of Secrecy together with their Sacrament and also did cause their said Priests upon Confessions to give their Absolutions upon Condition that they should conceal the said Conspiracy And when about the Month of September last Sir Edmundbury Godfrey a Justice of Peace had according to the Duty of his Oath and Office taken several Examinations Informations concerning the said Conspiracy and Plot the said Conspirators or some of them by Advice Assent Counsel and Instigation of the rest did incite and procure divers Persons to lie in wait and pursue the said Sir Edmundbury Godfrey divers days with intent to Murder him which at last was perpetrated and effected by them for which said horrid Crimes and Offences Robert Green Henry Berry and Lawrence Hill have since been Attainted and Dominick Kelly and Girald and others are fled for the same After which Murder and before the Body was found or the Murder known to any but the Complices therein the said Persons falsly gave out that he was alive and privately Married And after the Body found dispersed a false and malitious Report That he had Murdered himself Which said Murther was committed with design to stifle and suppress the Evidence he had taken and had knowledge of and discourage and deter Magistrates and Others from Acting in further Discovery of the said Conspiracy and Plot For which end also the said Sir Edmundbury Godfrey while he was alive was by them their Complices and Favourers threatned and discouraged in his proceedings about the same 7. And of their further Malice they have wickedly contrived by many false Suggestions to lay the Imputation and Guilt of the aforesaid Horrid and Detestable Crimes upon the Protestants that so thereby they might escape the Punishments they have justly deserved and expose the Protestants to great Scandal and subject them to Persecution and Oppression in all Kingdoms and Countries where the Romish Religion is received and professed All which Treasons Crimes and Offences above mentioned were Contrived Committed Perpetrated Acted and done by the said William Earl of Powis William Viscount Stafford William Lord Petre Henry Lord Arundel of Wardour and John Lord Bellasis and other the Conspirators aforesaid against our Sovereign Lord the KING His Crown and Dignity and against the Laws and Sta tutes of this Kingdom Of all which Treasons Crimes and Offences the Knights Citizens and Burgesses in Parliament Assembled do in the Name of themselves and of all the Commons of England Impeach the said William Earl of Powis William Viscount Stafford William Lord Petre Henry Lord Arundel of Wardour and John Lord Bellasis and every of them And the said Commons by protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusations or Impeachments against the said William Earl of Powis William Viscount Stafford William Lord Petre Henry Lord Arundel of Wardour and John Lord Bellasis and every of them And also of replying to the Answers which they and every of them shall make to the Premises or any of them or to any other Accusation or Impeachment which shall be by them Exhibited as the cause according to Course and Proceedings of Parliament shall require do pray that the said William Earl of Powis William Viscount Stafford William Lord Petre Henry Lord Arundel of Wardour and John Lord Bellasis and every of them be put to Answer all and every the Premises And that such Proceedings Examinations Trials and Judgments may be upon them and every of them had and used as shall be agreeable to Lâ—v and Justice and Course of Parliament The Humble Answer of William Viscount of Stafford now Prisoner in His Majesties Tower of London to the Impeachment of High Treason and other high Crimes and Misdemeanors exhibited against him and others to the Right Honorable the Lords Spiritual and Temporal in Parliament by the Knights Citizens and Burgesses in Parliament assembled in the name of themselves and of the Commons of England THe said Viscount saving to himself all advantage and benefit of Exceptions to the generality incertainty and insufficiency of the said Impeachment most humbly beseeching their Lordships thereof to take due notice and thereunto at all times to have a just regard He answereth and saith That he is not Guilty of all or any of the Offences charged against him by the said Impeachment and for his Tryal humbly and willingly putteth himself upon his Peers no ways doubting but that by the Grace of God and their Lordships impartial Justice he shall make his Innocence appear All which he most humbly submitteth unto their Lordships further Consideration Stafford Lord High Steward Gentlemen of the House of Commons be pleased to proceed Then Mr. Serjeant Maynard one of the Committee appointed to manage the Evidence began as followeth My Lords MAy it please your Lordships By the Command of the House of Commons who have imposed upon Us this Task we are here to Prosecute this great Charge against the Prisoner the Lord at the Bar. My Lords There are two Parts that are in this great Charge there is a General which is the Subversion of the whole Nation the King Himself to be Murdered the Protestant Religion to be Suppressed War to be introduced and those other things that are expressed in the Articles This General is charged in particular upon this Lord And my Lords it was in consideration how far it was fit to meddle with this General at this particular Tryal For if this Lord be guilty of such Crimes it will
the Bar does swear what is said there is true Lord Stafford Then he says there he saw Letters signed by me to Fenwick and others I do humbly desire to know whether that be Evidence or no that a man says he saw Letters and does not say he knew them to be my hand nor what the Letters were in particular nothing that he did prove of it I must appeal to your Lordships to all my Lords to my Lord High Steward and the rest that were of the Council at that time whether Dr. Oats did not positively name some and left ne out at the Council Table And whether Dr. Oats did not say there was no Lord concerned in the Plot and whether some of my Lords did not say so and told some other Lords of it from whom I had it And in order to this desire Sir Philip Lloyd may be examined and if he did not know of my being in it then he hath since forsworn himself L. H. Stew. My Lord I know not where you are nor what you are about are you objecting against Oats upon any Evidence out of the Journal Lord Stafford My Lords I go upon this that hath been read L. H. Stew. Pray my Lord produce your Witnesses that did hear him say any thing and take your advantage of it Lord Stafford I call Sir Philip Lloyd L. H. Stew. Where is Sir Philip Lloyd L. Stafford My Lords I do not know I think he is here I hope he will come Then he appeared amongst the Members of the House of Commons and was called to the Bar amongst the other Witnesses and stood up L. H. Stew. What does your Lordship ask Sir Philip Lloyd L. Staff Whether he was not by when Dr. Oats was asked if there were any Lords concerned in the Plot and he said no and whether he did not tell me so a day or two before I was committed in the Pâ—inces Lodgings L. H. Stew. What say you Sir Philip â—loyd did you ever hear Dr. Oats deny upon his Oath that ever he heard of any Lords that were concerned in the Plot Sir Philip Lloyd My Lords Truly I cannot remember any such thing If my Lord put me in mind of any particular Circumstance or time I may recollect it I must confess I think I have heard such a thing rumor'd but I am so unfortunate I cannot remember any thing positively of it L. Stafford He did tell me so I am sure Sir Philip Lloyd Truly my Lords I would be glad to remember any thing to justifie the Truth but I can't remember this L. Stafford But whether it were so or no your Lordships that were of the Council can tell L. H. Steward My Lord I do not know Your Lordship cannot be refused if you press it to ask any of the Lords of the Council if they remember any such thing that did pass there but if I were there or in the Council I deal plainly with your Lordship I cannot say that there was any such thing said L. Stafford If there be any here that were there besides I desire they may be asked L. H. Stew. If your Lordship will call upon any other of my Lords that were there they will tell you Lord Stafford I do not know who were there I can't call them L. H. Stew. You may ask any of the Lords of the Council who were there that time Dr. Oats was examined Lord Marquess of Worcester My Lords I was not at the Council then but I heard it not there indeed but as a general Report abroad L. Stafford I desire my Lord Privy Seal may tell what he knows of it Lord Privy Seal What is it your Lordship would know of me L. Stafford Whether Oats did not say he had no more to accuse Lord Privy Seal Where my Lord L. Stafford At the Council Table Lord Privy Seal 'T is a very hard thing for me to charge my memory with all the Questions at an Examination we use to refer to the Examinations themselves I have seen some Examinations I wish all were so wherein the Questions are put down as well as the Answers and I cannot charge my memory that he said he had no more to accuse L. Staff I desire then all the Lords of the Council that are here to say whether or no he was not asked this Question particularly by my Lord Chancellor and I desire particularly his Lordship would say whether he can't remember it whether he had any thing to say against some Lords and he answered they were to know of it but God forbid he should accuse them L. H. Stew. When should that be L. Stafford My Lords I can't say the day for I was not in Town But I desire to ask whether you did not ask him upon the first Discovery of the Plot whether he had any thing to say against some Lords L. H. Stew. Do you desire to know whether I asked him this Question if he had any thing to say against some Lords L. Stafford I do not say positively your Lordship but whether that Question was not asked him L. H. Stew. Certainly I should never ask any such Question of any man alive I might ask in general of any Lord but not of some L. Stafford Some or other Lords it was L. H. Steward I don't remember it and 't is impossible for any man living to remember what Questions he did ask two or three years ago upon an Examination L. Stafford I desire I may have leave to ask the Earl of Berkley a Question L. H. Steward What is it you would ask him L. Stafford My Lords I humbly ask his Lordship whether he did not hear Dr. Oats say after he had accused some persons before the Council that he had no more to accuse Earl of Berkley My Lords I had the Honour to be of the Privy Council about the time of the Discovery of the Plot but I do not remember that I heard Dr. Oats say any such thing there L. Staff Or in the House of Lords for I may mistake And therefore I desire my Lord of Berkley would declare what he heard Dr. Oats say before the House of Lords Earl of Berkley Yes my Lords in the Lords House I will tell your Lordships what I remember My Lord Chancellor to the best of my remembrance did ask Dr. Oats at the Bar of the House this Question My Lords desire to know if you can accuse any other Person or Persons of what Quality soever and you are incouraged by their Lordships to Accuse them His Answer was My Lords I have no more to accuse in relation to England but in relation to Ireland I have L. H. Steward That was after he had accused your Lordship my Lord Stafford Sir W. Jones We pray my Lords we may have the favour to ask that very Honourable Lord at what time Dr. Oats said this for the satisfaction of those that are present Earl of Berkley My Lords it was after Dr. Oats had accused my
his right name or addition is likewise a just Cause to arrest the Judgment There is likewise another Question how far it may be valued I know not I submit it as I do all to your Lordships Though I am tried upon the Act of 25 Edw. 3 d. yet there is nothing more in that Act than what is included in the Act of the 13 th of this King And I humbly conceive my Lords by that Act and the last Proviso in it a Peer that is accused and found Guilty of the Crimes therein mentioned is to lose his Seat in Parliament those are the words and since 't is so put down in the Act it is so to be understood and that is all the punishment And I humbly demand your Lordships Judgment upon these points whether it be so or no And humbly demand your Lordships Judgments upon these Points whether it be so or no Lord High Steward Has your Lordship any more to say Lord Stafford No my Lords I submit to your Lordships and desire your Judgment in these Points Then the Lords adjourned into the Parliament Chamber and the Committee of Commons returned to their own House and the Speaker having reassumed the Chair the whole Body of the House went with their Speaker to the Bar of the House of Lords to demand Judgment of High Treason against William Viscount Stafford upon the Impeachment of the Commons of England in Parliament in the name of the Commons in Parliament and of all the Commons of England The Commons with their Speaker went back to their House Then the Lords took into consideration what Judgment was to be given upon William Viscount Stafford and it was moved that he might be beheaded After some debate the Judges were asked whether if any other Judgment than the usual Judgment for High Treason were given upon him it would attaint his Blood The Judges were of opinion that the Judgment for High Treason appointed by Law is to be drawn hanged and quartered and in the Courts and Proceedings below they can take no notice of any Judgment for High Treason but that Then Sir Creswell Levinz the Kings Attorney-General desired to be heard on his Majesties behalf which the House gave leave for him to be who said he knew no other Judgment by Law for High Treason but Drawing Hanging and Quartering if any other Judgment were given it would be prejudicial to His Majesty and be a Question in the inferiour Courts as to his Attainder of High Treason Whereupon their Lordships ordered That the Lord High Steward do pronounce the ordinary Judgment of Death upon the Lord Viscount Stafford as the Law hath appointed in Cases of High Treason And a Message was sent to the House of Commons from their Lordships by Sir Timothy Baldwyn and Sir Samuel Clark Mr. Speaker We are commanded by the Lords to acquaint this House That their Lordships are going presently into Westminster-Hall to give Judgment against William Viscount Stafford Mr. Speaker left the Chair The Committee of Commons appointed for the Management of the Evidence against the Prisoner with the rest of the Commons went into Westminster-Hall to the Court there erected to be present when the Lords gave Judgment of High Treason against him upon the Impeachment of the Commons of England After a short time their Lordships were adjourned into Westminster-Hall coming in their former Order into the Court there erected where being seated and the Lord High Steward being on the Wool-sack attended by Garter principal King of Arms the Usher of the Black Rod Eight of the Serjeants at Arms kneeling with their Maces the Ninth Macer making proclamation for Silence which being done the Lord High Steward gave Judgment upon the Prisoner as followeth Lord High Steward My Lord Stafford THat which your Lordship hath said in Arrest of Judgment hath been found by my Lords upon due Consideration had of it to be of no moment at all It is no Essential part of any Trial That the Prisoner should hold up his Hand at the Bar there is no Record ever made of it when it is done the only use of it is to shew the Court who the Prisoner is when that is apparent the Court does often proceed against him though he refuse to hold up his Hand at the Bar therefore the omission of that Ceremony in this Case is no legal Exception as all the Judges have declared And as to the Proviso's in the Statute of the 13th year of this King their Lordships do find that they are in no sort applicable to this Case forasmuch as the Proceedings against your Lordship are not grounded upon that Statute but upon the Statute of the 25. E. 3. And yet if the Proceedings had been upon the latter Statute the Proviso's therein could have done your Lordship no service at all My part therefore which remains is a very sad one for I never yet gave Sentence of Death upon any man and am extremely sorry that I must begin with your Lordship Who would have thought that a person of your Quality of so Noble an Extraction of so considerable Estate and Fortune so eminent a Sufferer in the late ill Times so interested in the Preservation of the Government so much obliged to the Moderation of it and so personally obliged to the King and his Royal Father for their particular Favours to you should ever have entred into so Infernal a Conspiracy as to contrive the Murder of the King the Ruin of the State the Subversion of Religion and as much as in you lâ—y the Destruction of all the Souls and Bodies in three Christian Nations And yet the Impeachment of the House of Commons amounts to no less a Charge and of this Charge their Lordships have found you Guilty That there hath been a General and Desperate Conspiracy of the Papists and that the Death of the King hath been all along one chief part of the Conspirators Design is now apparent beyond all possibility of doubting What was the meaning of all those Treatises which were publisht about two years since against the Oath of Allegiance in a time when no man dreamt of such a Controversie What was the meaning of Father Conyers's Sermon upon the same Subject but only because there was a Demonstration of Zeal as they call it intended against the Person of the King which the scruples arising from that Oath did somewhat hinder To what purpose were all the Correspondencies with Foreign Nations The Collections of Money among the Fathers abroad and at home What was the meaning of their Governing themselves here by such Advices as came frequently from Paris and Saint Omers And how shall we expound that Letter which came from Ireland to assure the Fathers here that all things were in a readiness there too as soon as the Blow should be given Does any man now begin to doubt how London came to be Burnt Or by what ways and means poor Justice Godfrey fell And is it not
Lord Stafford but before he had accused the Queen L. Stafford I beseech you my Lords to mark it and I am very glad of it he said he had no more to accuse in relation to England and yet after that he accused the Queen L. H. Stew. My Lord then the best account of it will be on the Journal the Question and Answer is entred there Die Jovis 31. die Octobr. 1678. Post Meridiem TItus Oats being at the Bar is directed to proceed in giving an Account of the Commissions given to several Lords and other Persons for Offices Civil and Military Upon which he proceeded in a particular Narrative thereof with some Circumstances tending to make out the truth thereof and then was commanded to withdraw but stay without Then upon Consideration had hereof the Lord Chancellor by directions of the House caused him to be called in again and told him that the Lords expect not his entring into particular Circumstances but if there be particular Persons concerned of what Quality soever they be the House expected he should name them but he named none but those he had mentioned in his Narrative nor could name no other Person Lord Stafford Then my Lords he said He knew no Persons more than he he had discovered and after did he not accuse the Queen and several others if he said true then he knew no body more if not he is Forsworn Sir VVill. Jones Pray prove he did Accuse the Queen L. Stafford He did so in the Council and he is clearly Perjured in that and so not to be believed And I say besides after that Dr. Oats had consulted with himself and possibly with some others what his Narrative should be and what he should accuse Persons of and did only accuse me of seeing some Letters signed Stafford and now he comes to give Evidence he knows more of my having a Commission After this rate it may be he may know a great deal more to morrow when he hath invented it And 't is a great sign he did not know of any more if he did know of that for I never had any Correspondence with the Jesuits nor any business transacted with them these twenty four or twenty five years Indeed at Ghent the English Jesuits were desired to do a little thing for me and they refused it me it was to send over a man that was to be a Witness in a Suit I had beyond Sea And I never writ one Letter to a Jesuit since nor he to me that I know of nor never had to do with them that I know of I never heard of Fenwicks Name nor Harcourts till I heard of the Plot nor of Johnson nor Thompson Jesuits and if any can prove it I will acknowledge my self guilty of all that is said against me And for that Dr. Oats at first said He only saw Letters of mine and after comes and accuses me of a Commission I appeal to your Lordships if there can be any truth or belief in him I cannot say more than what I have said already and I do challenge Dr. Oats at the day of Judgment to say if ever he saw me in his life till I was committed or if I did ever go by any Name but that of Stafford I will be content to dye immediately If I had gone by the Name of Howard I need not be ashamed of it for 't is a Name good enough to be owned I know there is a worthy Gentleman that bears the Name of Howard of Effingham but I never did If your Lordships please to let me ask Mr. Dugdale one Question L. H. Stew. Call Dugdale again who appeared What say you to him my Lord L. Stafford I desire to ask Dugdale whether he did not in his Depositions before Mr. Lane and Mr. Vernon swear that the 20 th of October I offered him 500 l. to kill the King Mr. Dugdale No September L. Stafford Ay September Mr. Dugdale Yes I think I did make that Deposition before Captain Lane I am certain I did that my Lord Stafford the 20 th or 21 th of September offered me 500 l. L. Stafford Then did not he say presently upon this he went to Mr. Evers Chamber L. H. Stew. He says so now Mr. Dugdale My Lords I am not certain it was the same day it was assoon as I could have opportunity it was presently after Lord Stafford Did he not say he told Erers what I said to him and he did not understand the meaning of it Mr. Dugdale I did say so to Mr. Evers I did ask Mr. Evers what my Lord Stafford's meaning was whether his intention was true or no to do as he said and whether my Lord was in that Condition as to be able to perform his promise for I feared payment of the mony and he told me Harcourt and the rest of the Jesuits would furnish it L. H. Steward So he said Yesterday L. Staff Then ask him if he did not say the beginning of September I met him at Tixal and I spake to him about such a business Mr. Dugdale My Lords I did say to the best of my Remembrance it was about that time the latter end of August or the beginning of September I would not be positive nor could not to five days Lord Stafford No I think not to 5000. Then I askt him this Question whether he did not presently upon that when I told him about the Design go to Mr. Evers and ask what it meant L. H. Steward He said so but now he went to Evers and asked what you meant L. Stafford I beseech you I may be understood whether he did not say in the beginning of September which was before the 20. or 21. in the Journal L. H. Stew. Is it in the Journal L. Stafford Yes L. H. Stew. Why then read it Die Sabbati 28. Decembris 1678. The Earl of Essex acquainted the House that he had received an Information out of the Countrey of very great Concernment which was read as followeth Staffordsh December 24th 1678. The Information of Stephen Dugdale Gent. late servant to the Lord Aston of Tixal concerning the Plot against our Soveraign Lord the King as followeth 1. THis Informant saith that presently after one Howard Almoner to the Queen went beyond the Seas he was told by George Hobson Servant to the said Lord Aston that there was a Design then intended for the Reformation of the Government to the Romish Religion 2. He informeth that in the beginning of September 1678. he met in Tixal nigh the Lord's Gates the Lord Stafford who said to this Informant it was said that they were troubled for that they could no say their Prayers but in a hid manner but suddenly there would be a Reformation to the Romish Religion and if there was but a good Success they should enjoy their Religion And upon the 20 th day of September last the said Lord Stafford told this Informant that there was a Design in hand and
enquiring where there was a conveniency to go over I heard that a Yatcht was sending to Diep for my Lord Stafford and Mr. Henry Sidney His Majesties Envoy Extraordinary now in Holland I took that occasion and we weighed Anchor on Friday the 24. of December and it being foul weather and we being tossed long upon the Sea we did not come to an Anchor before Diep till Sunday was sevennight at Two a Clock in the Afternoon which was January 2. Then I came with the Captain immediately ashoar to enquire for my Lord and Mr. Sidney I enquired for my Lord and they told me he was at Rohan expecting to hear of the arrival of the Yatcht upon which the Captain desired me to write a Letter to my Lord and I did so upon sight of which Letter he came to Diep on Tuesday in the Afternoon which was as I take it the 4. of January and we were at the Bastile there then together when he came that evening and the next day I went on my own occasions to Paris and my Lord and Mr. Sidney did come over together in the Yatcht L. Stafford If you please I will call my two Servants again to this matter Lord. High Steward Call them my Lord. Then Furnese and Leigh stood up Lord High Steward Which way came my Lord Stafford out of France into England by Diep or by Calice Furnese By Diep L. H. Steward What say you Boy which way came my Lord Leigh By Diep my Lords L. H. Steward You came with him Leigh Yes we did L. H. Stew. My Lord The Question is not whether you came by Calice or no but whether you writ a Letter to him to Diep that you would go by Calice Lord Stafford He swore yesterday that I did come by Calice L. H. Stew. Do you say my Lord came by Calice Mr. Turbervill My Lords I had a Letter from his Lordship which he wrote to me that he would come by Calice L. Stafford He did not name the Letter yesterday nor is 't in the Information L. H. Stew. Read the Affidavit The Information of Edward Turbervill of Skerr in the County of Glamorgan Gent. WHo saith That being a younger Brother about the Year 1672 he became Gentleman Usher to the Lady Mary Molineaux Daughter to the Earl of Powis and by that means lived in the House of the said Earl about three Years and by serving and assisting at Mass there grew intimate with William Morgan Confessor to the said Earl and his Family who was a Jesuit and Rector over all the Jesuits in North-Wales Shropshire and Staffordshire And he during the three years time often heard the said Morgan tell the said Earl and his Lady that the Kingdom was in a high Fever and that nothing but Blood-letting could restore it to Health and then the Catholick Religion would flourish Whereunto the said Earl many times replied It was not yet time but he doâ—â—ted not but such means should be used in due time or words to that effect And he heard the Lady Powis tell the said Morgan and others publickly and privately That when Religion should be restored in England which she doubted not but would be in a very short time she would persuade her Husband to give 300 l. per annum for a Foundation to maintain a Nunnery and this Informant was persuaded by the Lady Powis and the said Morgan to become a Fryar the said Lady enâ—ouraging this Informant thereunto by saying that if he would follow his Studies and make himself capable she questioned not but he might shortly be made a Bishop by her Interest in England because upon Restauration of the Catholick Religion there would want People fit to make Bishops and to do the Business of the Church and thereupon she gave this Informant Ten Pounds to carry him to Doway where this Informant entred the Monastery and continued about three weeks and with much difficulty made his escape thence and returned for England for which the said Earl and his Lady and all the rest that encouraged him to go to the Monastery became his utter Enemies threatning to take away his Life and to get his Brother to disinherit him which last is compassed against him And Father Cudworth who was than Guardian of the Fryars at Doway some days before his escape thence told this Informant That if he should not persevere with them he should lose his life and friends And further added That this King should not last long and that his Successor should be wholly for their purpose And Father Cross Provincial of the Fryars told this Informant That had he been at Doway when this Informant made his escape thence he should never have come to England And this Informant finding himself friendless and in danger in England went to Paris where one of his Brothers is a Benedictine Monk who persuaded this Informant to return for England and in order thereunto about the latter end of November 1675. he was introduced into the acquaintance of the Lord Stafford that he might go for England with his Lordship and three weeks he attended his Lordship and had great access and freedom with his Lordship who gave him great assurances of his Favour and Interest to restore him to his Relations esteem again And said That he had a piece of service to propose to this Informant that would not only retrieve his Reputation with his own Relations but also oblige both them and their Party to make him happy as long he lived And this informant being desirous to embrace so happy an Opportunity was very inquisitive after the means but the said Lord Stafford being somewhat difficult to repose so great a Trust as he was to communicate to him exacted all the Obligations and Promises of secresie which this Informant gave his Lordship in the most solemn manner he could invent Then his Lordship laboured to make this Informant sensible of all the advantages that would accrue to this Informant and the Catholick Cause and then told this Informant in direct terms that he might make himself and the Nation happy by taking away the Life of the King of England who was a Heretick and consequently a Rebel against God Almighty Of which this Informant desired his Lordship to give him time to consider and told his Lordship that he would give him his Answer at Diep where his Lordship intended to ship for England and to take this Informant with him but this Informant going before to Diep the Lord Stafford went with Count Gramont by Calice and sent this Informant orders to go for England and to attend his Lordship at London but this Informant did not attend his Lordship at London but went into the French service and so avoided the Lord Stafford's further importunities in that Affair And this Informant further saith That one Remige a French woman and vehement Papist who married this Informants Brother lived with the Lady Powis all the time this Informant resided there
apparent by these Instances that such is the frantick Zeal of some Bigotted Papists that they resolve No means to advance the Catholick Cause shall be left unattempted though it be by Fire and Sword My Lord As the Plot in General is most manifest so your Lordships part in it hath been too too plain What you did at Paris and continued to do at Tixal in Staffordshire shews a settled purpose of mind against the King and what you said at London touching Honest Will shews you were acquainted with that Conspiracy against the Kings Life which was carrying on here too And in all this there was a great Degree of Malice for your Lordship at one time called the King Heretick and Traytor to God and at another time you revil'd him for misplacing his Bounty and rewarding none but Traytors and Rebels And thus you see that which the Wise man forewarn'd you of is come upon you Curse not the King no not in thy heart for the Birds of the Air shall reveal and that which hath wings will declare the matter Three things I shall presume to recommend to your Lordships consideration In the first place Your Lordship now sees how it hath pleased God to leave you so far to your self that you are fallen into the snare and into the pit into that very pit which you were digging for others Consider therefore that God Almighty never yet left any man who did not first leave him In the next place Think a little better of it than hitherto you have done what kind of Religion that is in which the Blind Guides have been able to lead you on into so much ruin and destruction as is now like to befall you In the last place I pray your Lordship to consider That true Repentance is never too late A devout penitential sorrow joyn'd with an humble and hearty Confession is of mighty power and efficacy both with God and man There have been some of late who have refus'd to give God the Glory of his Justice by acknowledging the Crimes for which they were condemned nay who have been taught to believe that 't is a mortal Sin to confess that Crime in publick for which they have been absolv'd in private and so have not dar'd to give God that Glory which otherwise they would have done God forbid your Lordship should rest upon Forms God forbid your Lordship should be found among the number of those poor mistaken souls whom the first thing that undeceives is Death it self Perhaps your Lordship may not much esteem the Prayers of those whom you have long been taught to miscal Hereticks But whether you do or no I am to assure your Lordship That all my Lords here even they that have condemned you will never cease to pray for you that the end of your life may be Christian and Pious how Tragical soever the means are that must bring you thither And now my Lord this is the last time that I can call you My Lord for the next words I am to speak will Attaint you The Judgment of the Law is and this Court doth Award That YOU go to the place from whence you came from thence you must be drawn upon a Hurdle to the place of Execution When you come there you must be hang'd by the Neck but not till you are dead for you must be cut down alive your Privy-Members must be cut off and your Bowels ript up before your Face and thrown into the Fire Then your Head must be severed from your Body and your Body divided into four Quarters and these must be at the disposal of the King And God Almighty be merciful to your Soul Prisoner My Lords I humbly beseech you give me leave to speak a few words I do give your Lordships hearty Thanks for all your Favours to me I do here in the presence of God Almighty declare I have no Malice in my Heart to them that have condemned me I know not who they are nor desire to know I forgive them all and beseech your Lordships all to pray for me My Lords I have one humble Request to make to your Lordships and that is my Lords That the little short time I have to live a Prisoner I may not be a close Prisoner as I have been of late but that Mr. Lieutenant may have an Order that my Wife and Children and Friends may come at me I do humbly beg this Favour of your Lordships which I hope you will be pleased to give me Lord High Steward My Lord Stafford I believe I may with my Lords leave tell you one thing further That my Lords as they proceed with Rigour of Justice so they proceed with all the Mercy and Compassion that may be And therefore my Lords will be humble Suitors to the King that He will remit all the Punishment but the taking off your Head Prisoner Weeping My Lords your Justice does not make me cry but your Goodness Then the Lord High Steward broke his Staff and the Lords adjourned into the Parliament Chamber and the Commons returned to their House and the Prisoner with the Ax born before him with the Edg towards him it being carried contrarily during his Trial was sent back to the Tower His Majesty afterwards ordered the Lord High Chancellor to issue out under the Great Seal of England the following Writs for Executing the said late Viscount Stafford the first being to the Lieutenant of the Tower to deliver him on the Twenty ninth of December 1680. between Nine and Eleven a Clock in the Forenoon at the usual place without the Tower-Gate to the Sheriffs of London and Middlesex and the other being for them then and there to receive him into their Custody and to lead him to the usual place upon Tower-Hill and there to cause his Head to be cut off and severed from his Body Which Writs were in Form following CAROLUS Secundus Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Locumtenenti Turris nostrae London salutem Cum Willus Vicecomes Stafford per Communes Regni nostri Angliae in Parliamento assemblat ' de alta proditione necnon diversis aliis criminibus offensis per ipsum perpetrat ' commissis impetit ' fuit Ac superinde per Dominos Temporales in praesenti Parliamento nostro convent ' triat ' convict ' debita juris forma attinct ' fuit morti adjucat ' existit Cujus quidem Judicii executio adhuc restat facienda Cumque praedictus Vicecomes Stafford in Turri nostra London sub custodia tua detent ' existit Precipimus tibi per presentes firmiter injungendo mandamus quod in super vicesimum nonum diem instantis mensis Decembris inter horas nonam undecimam ante Meridiem ejusdem diei ipsum Vicecomitem Stafford usque locum usualem extra portam Turris predictae ducas ac ipsum Vicecomitibus Civitatis nostrae London Middlesex adtunc
ibidem deliberes Quibus quidem Vicecomitibus nos per aliud breve eis inde direct ' precipimus predictum Vicecomitem Stafford adtunc ibidem recipere ut fiat executio Judicii predicti modo forma prout dictis Vicecomitibus London Middlesex per aliud breve nostrum predictum precepimus Et hoc nullatenus omittas sub periculo incumbente Aliquo Judicio Lege Ordinatione seu Mandato praeantea habit ' fact ' ordinat ' seu dat' in contrarium non obstante Teste meipso apud Westm decimo octavo die Decembris Anno regni nostri tricesimo secundo BARKER CAROLUS Secundus Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Vic. London Vic. Middlesex salutem Cum Will. Vicecomes Stafford per Communes regni nostri Angliae in Parliamento assemblat ' de alta proditione necnon diversis aliis criminibus offenfis per ipsum perpetrat ' commissis impetit ' fuit Ac superinde per Dominos Temporales in presenti Parliamento nostro convent ' triatus convict ' debita juris forma attinct ' fuit morti adjudicat ' existit Cujus quidem Judicii executio adhuc restat facienda Precipimus vobis per presentes firmiter injungendo mandamus quod in super vicesimum nonum diem hujus instantis Decembris inter horas nonam undecimam ante meridiem ejusdem diei dictum Vicecomitem Stafford extra Portam Turris nostrae London vobis tunc ibidem deliberandum prout per aliud breve Locumtenenti Turris nostrae London directum precepimus in custodiam vestram adtunc ibidem recipiatis ipsum sic in custodia vestra existentem statim usque usualem locum super le Tower-hill ducatis Ac caput ipsius Willi. Vicecomitis Stafford adtunc ibidem amputari ac a corpore suo omnino separari faciatis aliquo Judicio Lege Ordinatione seu Mandato praeantea habit ' fact ' ordinat ' seu dat' in contrarium non obstante Et hoc sub periculo incumbente nullatenus omittatis Teste meipso apud Westm decimo octavo die Decembris Anno regni nostri tricesimo secundo BARKER There were two Writs to the Sheriffs both alike verbatim one delivered in London the other in Middlesex Whereupon the Sheriffs doubting whether that was a sufficient Authority for them to execute the Prisoner by Beheading only the Sentence of Death being otherwise given petitioned the Lords in Parliament to take the Premises into consideration and to make such Order as should be agreeable to Right and Justice as by the following Petition appears TO THE Right Honourable the LORDS TEMPORAL in PARLIAMENT Assembled The Humble Petition of Slingsby Bethel Esq and Henry Cornish Esq Sheriffs of London and Middlesex Sheweth THAT your Petitioners have received a Writ under the Great Seal of England Reciting that Judgment had been given by your Lordships against William Viscount Stafford for High Treason and diverse other Crimes and Offences upon the Impeachment of the Commons in Parliament Assembled and commanding your Petitioners to cause the said Viscount Staffords Head to be Severed from his Body upon the Twenty Ninth Day of this instant December notwithstanding any Judgment Law Ordinance or Command to the contrary That your Petitioners have not as yet Received any Command from your Lordships for Executing the said Judgment May it therefore please your Lordships to take the Premisses into Consideration and to make such Order therein as shall be agreeable to Right and Justice And your Petitioners shall always pray c. Upon which Petition the Lords did Declare as followeth Die Martis 21 Decembris 1680. UPon Application from the Sheriffs of London and Middlesex making some Scruples concerning the Execution of the late Lord Viscount Stafford which were sound by this House to be unnecessary This House do Declare That the Kings Writ ought to be obeyed The said Sheriffs likewise made Application to the House of Commons upon the aforesaid matter who made the following Resolve Die Jovis 23 Decembris 1680. REsolved c. That this House is content that the Sheriffs of London and Middlesex do Execute William late Viscount Stafford by Severing his Head from his Body only Wednesday December 29. 1680. ABout the hour of Ten in the Morning the Sheriffs received the Prisoner according to the Command of the Writs from the Lieutenant of the Tower and brought him upon the Scaffold which was erected on Tower-Hill The Prisoner took a Paper out of his pocket and putting off his Hat read it as his Speech which the very same day before Two of the Clock came out in Print as his Speech and he delivered divers Copies signed by himself to Mr. Sheriff Cornish and other Gentlemen about him He then desired he might have liberty to pray in his own way which being granted he kneeled down by the Block and taking out of his pocket another Paper he read a Latin Prayer which done he gave the Paper to Mr. Sheriff Bethel and then spoke to the People about the Scaffold to this Effect God bless you all Gentlemen God preserve His Majesty He is aâ—good a Prince as ever govern'd you Obey Him as faithfully as I have done and God bless you all Gentlemen Then he stripp'd himself to his Wastcoat and after some â—ew short private Discourses with his Friends he laid down his Neck on the Block and stretched himself The Executioner being demanded by the Sheriffs whether he had any Sign he answered No. Then the Prisoner raised up his Head and said He had no Sign to give but the Executioner might take his opportunity and laid his Neck on the Block again After which in a short time the Executioner did his Office by Severing his Head from his Body and holding up the Head in his Hand carried it about the Scafsold shewing it to the People and saying Here is the Head of a Traitor The Body was put into a Coffin and conveyed to the Tower FINIS