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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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John Trevor Then we desire they may be produced here and the Copies proved upon Oath and then we shall leave them upon your Lordships Table And my Lords we desire likewise at the same time to save another trouble there may be delivered in the Convictions of Reading Lane Knox and others Then Mr. Clare was Sworn and delivered in the Copies of the Records L. H. Stew. What Record is that Mr. Clare It is the Record of the Attainder of Coleman for high Treason L. H. Stew. Did you examine it Mr. Clare I did examine it L. H. Stew. Is it a true Copy Mr. Clare To the best of my understanding it is Here is likewise a Copy of the Record of the Conviction of Ireland Pickering and Grove for high Treason L. H. Stew. Is there Judgment of Attainder entred upon Record Mr. Clare Yes my Lords there is Judgement entred Here is a Copy of the Indictment Conviction and Attainder of Whitebread Fenwick Harcourt Gavan and Turner for high Treason Here is a Copy of the Record of Attainder of Richard Langhorn for high Treason Here is a Copy of the Attainder of Green Berry and Hill for the Murder of Sir Edmond-bury Godfrey Here is a Copy of the Conviction of Mr. Nathaniel Reading for endeavouring to Suborn Mr. Bedlow to retract his Evidence against some of the Lords in the Tower and Sir Henry Tichbourn L. H. Stew. What is the Judgment there Mr. Clare The Judgment is entred upon it and 't is to pay 1000 l. Fine and to be put in and upon the Pillory in the Palace Yard Westminster for an hour with a Paper upon his head written in great Letters For endeavouring Subornation of Perjury Here is a Copy of the Record of the Conviction of Tasbrough and Price for endeavouring to Suborn Mr. Dugdale and Judgment entred upon it And here is a Copy of the Record of Conviction of Knox and Lane for Conspiring to asperse Dr. Oats and Mr. Bedlow Here is the Record of the Conviction of John Giles for barbarously attempting to Assassinate John Arnold Esq one of His Majesties Justices of the Peace and the Judgment entred thereupon is To stand three times on the Pillory with a Paper on his Hat declaring his Offence to pay ●00 l. to the King to lie in Execution till the same be paid and find Sureties for his Good Behaviour during life L. H. Stew. Deliver them all in And if my Lords have occasion to doubt of any thing being left in the Court they will be there ready ●o be used All which were then delivered in Mr. Treby My Lords we humbly desire that the Record of Coleman may be read because there is more of special matter in it than any of the rest and your Lordships may dispose of the others as you please L. H. Stew. Read the Record of Coleman Then the Clerk read in Latin the Record of the Attainder of Edward Coleman formerly Executed for high Treason by him Committed in this horrid Popish Plot which in English is as followeth viz. Of the Term of Saint MICHAEL in the Thirtieth Year of the Reign of King CHARLES the Second c. Middlesex AT another time to wit on VVednesday next after eight days of St. Martin this same Term before our Lord the King at VVestminster by the Oath of Twelve Jurors honest and lawful Men of the County aforesaid Sworn and Charged to Enquire for our said Lord the King and the Body of the County aforesaid it stands presented That Edward Coleman late of the Parish of Saint Margaret VVestminster in the County of Middlesex Gentleman as a false Traitor against the most Illustrious most Serene and most Excellent Prince our Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. and his Natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but by the instigation of the Devil moved and seduced the cordial Love and the true due and Natural Obedience which true and faithful Subjects of our said Lord the King towards Him our said Lord the King ought and of right are bound to bear utterly withdrawing and devising and with his whole Strength intending the Peace and common Tranquility of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England practised and by Law established to overthrow and Sedition and Rebellion within this Realm of England to move stir up and procure and the cordial Love and true and due Obedience which true and faithful Subjects of our said Lord the King towards Him our said Lord the King should bear and of right are bound to bear utterly to withdraw blot out and extinguish and our said Lord the King to death and final destruction to bring and put the 29 th day of September in the 27 th year of the Reign of our Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Margaret VVestminster aforesaid in the County aforesaid falsly maliciously subtilly and traiterously proposed compassed imagined and intended Sedition and Rebellion within this Realm of England to move raise up and procure and a miserable Slaughter among the Subjects of our said Lord the King to procure and cause and our said Lord the King from his Kingly State Title Power and Government of His Realm of England utterly to deprive depose deject and disinherit and Him our said Lord the King to Death and final Destruction to bring and put and the Government of the same Realm and the sincere Religion of God in this Kingdom rightly and by the Laws of this Realm established for his Will and Pleasure to change and alter and the State of this whole Kingdom in its universal parts well instituted and ordained wholly to subvert and destroy and War against our said Lord the King within this Realm of England to levy and to accomplish and fulfil these his most wicked Treasons and traiterous Imaginations and Purposes aforesaid The same Edward Coleman afterwards to wit the said Twenty ninth day of September in the abovesaid Twenty Seventh year of the Reign of our said Lord the King at the Parish of Saint Margaret VVestminster aforesaid in the County of Middlesex aforesaid falsly subtilly and traiterously devised composed and writ two Letters to be sent to one Monsieur Le Chese then Servant and Confessor of Lewis the French King to desire procure and obtain to the said Edward Coleman and other false Traitors against our said Soveragin Lord the King from the said French King his Aid Assistance and Adherence to alter the true Religion in this Kingdom then and still Established to the Superstition of the Church of Rome and to Subvert the Government of this Kingdom of England And afterwards to wit the said Twenty Ninth Day of September in the abovesaid Twenty Seventh Year
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
made intercession by Friends to my Sister and she told me that she gave him 7 l. to bear his Charges to Paris with that Proviso that he would never trouble them more L. H. Stew. But were they not angry with him Mr. J. Turbervill Here he is he cannot say they ever gave him an angry word in their days I 'm sure I never did L. H. Stew. Did you not forbid him the House Mr. J. Turbervill No. Mr. Edw. Turbervill These are people that take not the Oaths of Allegiance and Supremacy and therefore are not fit to be Witnesses L. Stafford Now your Lordships see what a Villain he is Mr. Serj. Maynard You must give good words my Lord for none but good words are given you Lord Stafford I must call them Vill●ius or my self Traitor L. H. Steward You say they gave him 7 l. upon condition they should never see him more Mr. J. Turbervill I did not say my Sister said upon condition she would give him 7 l. he would never trouble us more it was his Declaration Lord Stafford One thing I w●●ld ask Mr. Turbervill more and that is about this man's being disinherited Whether he could or whether he was Heir to any Estate or not L. H. Steward What say you to it Mr. J. Turbervill By all the Information of our Relations the Estate was made by my Grand-father to my Father for life and after my Fathers life to my Mothers and after my Mothers life to my Eldest Brother and the Heirs males of his Body and for want of such afterwards to me and the Heirs males of my Body and in case I had none then to my Fathers Brother and his Heirs males and if he had no Heirs males then after that to the right Heirs of the Grand-father This was before my time L. H. Stew. Well then that Remainder to the right Heirs might come to him and so there was some Estate for him to lose and that Remainder might be docked by the Tenant in Tail I would ask Was there any Recovery suffered to bar that Intail Mr. J. Turbervill Yes I think there was one upon my Brothers Marriage L. H. Stew. Mr. Turbervill Were you told you should be disinherited Mr. E. Turbervill Yes my Lords L. H. Stew. Who told you so Mr. E. Turbervill My eldest Brother L. H. Stew. What did he tell you Mr. E Turbervill He told me it should not come to me L. H. Stew. How should it come to you Mr. E. Turbervill I am not so good a Lawyer as to tell that whether it could or no but I thought by Succession Lord Stafford Then he says he came to serve my Lady Mullineux in 72. it may be it is so as he says I don't know it of my own knowledge but I pray he may answer whether it was in 71 or 72. Mr. J. Turbervill In January or February 71. Mr. Treby That is the beginning of the year 72 according to the Almanack L. Staff My Lords for the present I do not remember any thing more Oh yes my Lords he says he was at such a time at my Lord Powis's when my Lord Castlemain was at Powis-Castle which must be either in the year 72 73 or 74. Now I desire you would ask Mr. Lydcot whether my Lord Castlemain was there or could be there in any of those years Then Lydcot stood up L. H. Stew. What do you ask him my Lord Lord Stafford I desire to ask him whether in the year 72 73 or 74. which are the years Turbervill says he was at my Lord Powis's at Powis-Castle whether my Lord Castlemain was at Powis-Castle or could be there at that time L. H. Stew. Was my Lord Castlemain there in any of those years Lydcot My Lords I can prove he was not as much as I am capable of proving a Negative I was with him in the years 72 73 and 74. L. H. Steward Where Lydcot He was in England in 73. I was with him all the while and I am sure since I knew him he was never in Wales and I was never absent from him since I knew him which is nine years not four months in all I have travelled with him and been abroad with him L. H. Stew. Turbervill When do you say my Lord Castlemain was at Powis Castle Mr. Turbervill I think it was in the year 73. L. H. Stew. By what Token do you remember him there Mr. Turbervill He was arguing with my Lord Powis about Religion and several times he did so I believe it was in the year 73. L. H. Stew. What say you to that Lydcot I can assure your Lordships he was not there then I was always with him that year he had many times a design to go there but he could not but put it off and the last time he was there I can prove it was fifteen years ago L. H. Stew. I desire to know of you this Friend can you take it upon you to affirm upon the Faith of a Christian that you were never from my Lord Castlemain all the year 73 Lydcot I can give an account to half a week where he was And when I was absent from him it was beyond Sea and all that while I kept Correspondence with him every Post and received Letters from him constantly once a week dated from Liege This was in the time of my absence L. H. Stew. Were you at Liege when my Lord was in England or were you with him all the time that he was in England Lydcot My Lords I was with him all the time he was in England and was never absent from him all that compass of time but when he sent me into England from Liege L. H. Stew. Then he was at Liege himself Lydcot Yes my Lords L. H. Stew. Was that in the year 73 Lydcot Yes my Lords I was then in England But my Lords I can give you an whole account for my Lord and I never made any Journeys but I put them down L. H. Steward You say you can give a particular account of the whole year 73. even to the compass of four days in that year at most Lydcot No my Lords I do not say so but I say I can give an account of the whole time I have been with him within four months L. H. Stew. Were any of those months within the year 73 Lydcot No I was with him all the year 73. L. H. Stew. Will you take it upon you to say That every day in 73. you were with my Lord Lydcot Every day my Lords L. H. Stew. Every week Lydcot Yes I do not think but that I was My Lord did me the honour to make me as it were his Companion Mr. Serj. Maynard No you do your self the honour to make your self his Companion he made you his Servant L. H. Steward Come where are your Notes you pretend to speak by your Diary or your Journal let us hear a whole account of the year 73. for you come to testifie as if