and some years since and was the great Confident of the said Lady and the said Remige was for the most part taken with her Ladyship into Morgan's Chamber when the Consults were held there where he hath often seen Father Gavan Father Towers Father Evans Father Sylliard Roberts White Owens Barry and the Earl of Castlemain and other Priests and Jesuits meet and shut themselves up in the said Morgan's Chamber sometimes for an Hour sometimes for two Hours more or less and at the breaking up of the said Consults have broke out into an extasie of joy saying They hoped ere long the Catholick Religion would be established in England and that they did not doubt to bring about their Design notwithstanding they had met with one great Disappointment which was the Peace struck up with Holland saying that if the Army at Blackheath had been sent into Holland to assist the French King when he was with his Army near Amsterdam Holland had certainly been conquered and then the French King would have been able to assist us with an Army to establish Religion in England Which expressions with many others importing their confidence to set up the Romish Religion they frequently communicated to this Informant And the said Morgan went several times into Ireland to London and several other parts of England as this Informant hath just cause to believe to give and take measures for carrying on the Design and the said Remige and her Husband having first clandestinely sold their Estate and fled into France about May or June last for fear of discovery This Informant by many Circumstances being assured that the said Mrs. Remige was privy to all or most of the Transactions of the Plot. And he saith that about May last was two Years he was present at Mass with the Lord Powis in Verestreet when the Earl of Castlemain did say Mass in his Priestly Habit after the Rites and Ceremonies of the Church of Rome EDWARD TVRBERVILL Sworn the 9th day of November 1680. before Thomas Stringer William Poulteny Edmund Warcupp L. H. Steward My Lord this Affidavit is to the purpose to which you call for it this does say that your Lordship did go by the way of Calice it does absolutely so L. Stafford Now whether he be forsworn or no your Lordships may judge by these three Witnesses Mr. Turbervill My Lords that which I grounded my belief of his going to Calice upon and so consequently that Affidavit was the Letter which I received from my Lord which I have looked for but cannot find L. H. Stew. This Affidavit does not say you went from Calice to England but you went with Count Gramont to Calice L. Stafford I conceive my Lords this Affidavit and his Narrative are word for word the same only that Amendment of 72 for 73 upon which I observed before he was forsworn once I cannot tell what to say if this man can be believed And Count Gramont came by Diep too but besides my Lords in this Affidavit he does not say he believed so by the Letter tho' now he speaks of one L. H. Stew. My Lord Stafford was Count Gramont in your Lordships company when you came to Diep L. Stafford No my Lords he was in England before me a month but my Lords I cannot deny but I had one recommended to come over with me that pretended himself to be a French Count but the man was as errant a Rascal as this that swears against me and that was one that called himself Count de Brienne whom all the world knows to be a Cheat. L. H. Stew. Call your other Witnesses my Lord. L. Stafford Where is John Minhead Who stood up L. H. Steward Who do you belong to Minhead My Lord Powis L. Stafford My Lords Mr. Turbervill he says by the persuasion of my Lady Powis went to Doway and he staid in the Monastery three weeks and not liking that life he came away this may be true I say nothing to it But that which I take Exception at is this He says for this the Earl of Powis and his Lady when he came back from Doway were very angry with him and so were all his Relations and he stood in fear of his life from them Surely when Mr. Turbervill knew he was in such danger he would not have come near them Pray ask this Gentleman whether he was at my Lord Powis's and how he was entertained L. H. Steward Do you know Turbervill Minhead Yes my Lords L. H. Stew. Have you seen him at my Lord Powis's Minhead Yes my Lords L. H. Stew How was he received there Minhead Very well my Lords L. H. Stew When was that Minhead In the year 75. L. H. Stew. Was that before or after he came back to England Minhead It was after he came from Doway L. H. Stew. What Country man are you Minhead A French man L. H. Stew. What Religion are you of Minhead A Roman Catholick L. Stafford Pray ask him whether he lay in my Lords house Minhead Yes my Lords he lay with me in my lodgings L. Stafford And yet he says he was afraid of his life L. H. Stew. Did my Lord know he lay there Minhead Yes he must needs because he came through the Room to go to Bed L. Stafford May it please your Lordships he says he was threatned that he should have his Brother disinherit him and which afterwards was compassed Now I shall shew that this is impossible for he had no Inheritance to lose nor was to have none for his Brother who is elder than he this man being by a second Venter hath Children as I shall make appear by another of his Brothers who is here And this not being settled upon him who was by the second Venter could not come to him but for want of Issue of that Brother must go to the Uncle So he swears he was disinherited of an Estate when he was to have no Estate nor could have Call Mr. John Turbervill who appeared My Lords I desire you to ask him whether he knew that upon his coming back to England he was ill used Mr. J. Turbervill I never knew any unkindness from my elder Brother to him L. H. Stew. Are you his Brother Mr. J. Turbervill Yes my Lords by the Father not by the Mother L. H. Stew. Well what can you say Mr. J. Turbervill I never heard any thing when he returned from Doway that he was ill received by my Lord Powis but in a few days after my Brother and Sister came to Town we went to Bloomesbury and there we met together and my Brother complaining that he was unfortunate in that he had undertaken what he could not perform in going beyond Sea and now wanted a Livelihood my eldest Brother told him he had done as far as his Ability was he could do no more it was his own Choice and he had no more to say L. Staff Had he any money from his Relations Mr. J. Turbervill He
prove well enough that there was such a Plot but my Lords withall we did consider when the first Discovery of this Plot was made how afterwards it took cold how rumors were raised against it how there were endeavours to suppress the belief of it and therefore my Lords we do conceive that it is fit we should first settle that that there was a general Plot a Plot of such a Nature as the Articles express Some Objections we thought there might be raised because it hath been so long in the World some years now since the Discovery of it some persons that is some ten or eleven Prosecuted and Atatinted for it and therefore that might have been satisfaction enough that such a Plot there was besides that there have been publick Declarations of the Particulars to the World But being now to proceed before your Lordships in a judicial way We did think fit and we hope your Lordships will approve of it to spend some time in the Proof of the general Plot which we hope will be to the satisfaction of your Lordships and the whole World for we do not think that England only looks into this days Tryal but the whole World one way or other the whole Christian World is concerned in it My Lords after the Publication of these things which were not judicial how far your Lordships will believe them as Judges we know not we will prove it now that their Policies and Contrivances may be laid open to the World And first we offer it to your Lordships because we have made it part of the Charge And secondly we shall do it because we think your Lordships are not obliged to believe things that are in Print till we prove them by Witnesses judicially before you But the main Reason why we do it is because we would touch upon those Endeavours that have been used to make this seem as if it were a kind of State Plot I know not what to call â—t a Chimaera an Imagination and not a real thing This they laboured many ways to effect but we shall prove that it is a very real and a very true one When that Oats first made a Discovery it seems it had not that weight that we think now it will clearly have with your Lordships and had not the Murder of Sir Edmundbury Godfrey followed in the Neck of it the World as it was asleep would have lain so but that awaked us My Lords it fell out in this Case as it did in another when Cateline the Traytor was a great way off Rome and four other Lords with him Cassius Cethegus and others five in all it came to pass that as the great Orator that was at that time said Many were so ignorant that they would not think it many were so unwise they would not believe it some so ill that they would favour it some so much worse that they did Foster it but all of them in not believing it gave strength to the Conspiracy the Treason And so it did here for we look not upon our selves as discharg'd from the Treason when Discover'd but when Prevented My Lords another Reason to induce us into the Proof of the main Plot is this We do not look upon it as a particular Offence as if one Lord was only to be questioned and appear before your Lordships judicially for it he is indeed only before you at this time to receive his Tryal and your Judgment But my Lords this is a Treason of a Faction and of a general Party in the Nation 't is not this or that Lord but a great number 't is not this or that Lord that is mentioned in the Articles but the Conspiracy is of a great Faction This we do think and this makes us so earnest to press the general before your Lordships that we may give satisfaction to your Lordships and the World what this Plot hath been and how carried on every where My Lords The Consequence of that is very great for my Lords if there were a general Design and a general Plot as clearly there was for some were to act in Spain and some in France some in other places some in Ireland Scotland and England and a great number of Jesuits we have a matter of Thirty in Chase about this business I say my Lords if it be so if one Action be in one place and another in another yet if there be a common Consent to accomplish this Plot then what the one does is the Act of All and the Act of All is the Act of every one My Lords The Persons were many and the Places and Times many they acted in and the Designs which they were to accomplish and the means wherewith they were to accomplish them were many too Great and wicked were their Designs to destroy our King to take him out of the World and why upon hopes of better times to them under him that should succeed him Another part of the Design was to destroy not this or that man that stood in their way but the whole Body of the Protestants here in England not a Murder but a Massacre and a Slaughter of all whosoever they were that came near them and none were to escape for if any meant to flee they would be sure to cut them off nay not only to destroy our King though that be the greatest Offence that our Law can take hold off but to destroy our Religion and to destroy us because of our Religon To accomplish this that we may open the generals of it Arms were to be provided Men to be raised an Army was formed in effect and who to Lead and who to Command and who to pay But my Lords not only were Arms to be had here among our selves but a French Aid must be fetch'd in Assistance from France must come too Intelligences and Letters are written and Correspondencies had and Aids promised by the Ministers from thence My Lords 'T is a strange thing that English men should contrive to have an Invasion of Strangers upon their own Country and surely they are the worst Biggots in the world that were so zealous to destroy their own Nation and they were not wise sure to think that if the French did come in they should continue great Lords or great Men and yet thus it was in general It is very strange that it should enter into the heart of any man to destroy so many persons But my Lords if we look upon what did incourage them and what confirmed them in this Design and what they have published to the world about their Religion we shall not wonder at it since they tell us 't is lawful to kill an Heretick King and the King of England is an Heretick they say and so declared so that whosoever would Kill him did a lawful and pious piece of Service to God Nay not only so but a Meritorious and Glorious one too for which they may be Canonized for Saints My Lords
when the Collectors came to the Convent of our Fryers in Sligoe all the Fryers gathered together into a room and these Collectors coming in did read their Commission given them from one James Taaffe as they said and I was there personally present though a Novice and upon reading their Commissions they said Forty Shillings was to be paid by the Prior and the Fryers of that Convent and the Provincial of the Order of the Dominicans questioned the Power of the said Reynolds and Berne and so did the Prior and I asked why the money was levyed they gave answer That that levy and several other levyes was to encourage the French King in whose Kingdom were several Bishops of Ireland Clergymen and others whose business it was to provoke the King to bring an Army to invade Ireland when ever time should serve Lord High Stew. Have you done with him now Mr. Treby Yes Lord High Stew. Will your Lordship ask him any Questions Lord Stafford My Question is only whether he profess himself of the Church of Rome or a Protestant Mr. Dennis I am a Roman Catholick still my Lord. L. High Steward Are you Mr. Dennis I am my Lords Lord Stafford Then I have no more to say Sir John Trevor Then we call Mr. Jenison Who was sworn Mr. Treby Mr. Jenison you have been among the Papists and you have had great confidence among them pray declare what you know of their Designs for the Destruction of the Protestant Religion or the means of doing it whether by the Murder of the King or what other means tell your whole knowledge Mr. Jenison My Lords In the beginning of the year 78. I have heard Mr. Ireland and Mr Thomas Jenison both Jesuits speak of a Design they had to gain a toleration of Conscience for their Party in England and the way then designed to get it was by procuring a great Sum of Money from their Party and by bribing the then Parliament I have heard them likewise discourse of securing the Duke of York's Succession and that they told me was to be done by procuring of Commissions to be granted to those of their Party to be ready to rise upon the Death of the King I likewise have heard them discourse of the necessity and usefulness to their Party of the Alteration of the Government established and that their Religion could never flourish till that was done and this Kingdom altered according to the French Model In the month of June 78 I was at Mr. Ireland's Chamber and there happening a discourse that the Roman Catholick Religion was like to come into England Mr. Ireland did then say there was but one that stood in the way and that it was an easie thing to Poyson the King and that Sir George Wakeman might easily and opportunely do it I asked Mr. Ireland whether Sir George Wakeman was the Kings Physician His answer was No but he was the Queens and so might have an opportunity to do it In the month of August the same year the day that I came from Windsor I went to Mr. Ireland's Chamber and I found he was newly come from Staffordshire and was drawing off his Boots on the frame of a Table he asked me whence I was come I told him from Windsor He inquired of me about the Diversions of the Court I told him I understood His Majesty did take delight in Hawking and Fishing but chiefly in Fishing and that he went accompanied only with two or three early in the morning Then Mr. Ireland replyed He were easily taken off or removed to which I answered God forbid being surprized at that time O said he I say not that it is lawful Then there happened some interruption to our Discourse about Staffordshire then we fell into a Discourse of their Religion that he said was suddenly to come into England and he asked me if I would be one of those that would go to Windsor to assist to take off the King I told him no then he told me he would remit the 20 l. I owed him if I would go to Windsor to be one of those that were to take off the King My Lords I told him I would have no hand in any such matter and that I would not for twenty times 20 l. have any hand in the Death of the King said he Would you do nothing for the bringing in of our Religion I told him I thought it would never come in by blood I told him further God forgive me if the King were taken off so well and good but I would have nothing to do with it He left not the Discourse there but asked me if I knew any Irishmen that were stout and couragious I told him yes I did and named Captain Levallian Mr. Karney Mr. Broghall and Mr. Wilson all Gentlemen of my acquaintance about Grays-Inn When I named these he asked me if I would go along with them to Windsor to assist them in taking off the King I told him I did not think any man of Estate would ingage in such a matter that I was Heir to an Estate my Brother being a Priest and that Captain Levallian was Heir to a very good Estate and therefore I did believe he would not do such a thing unless the Pique which he had to the King or Religion might move him to it My Lords be approved of these persons and said he knew the first two of them Levallian and Karney and he set down as I remember the other two Names in writing He told me he was going to the Club to Mr. Coleman and Mr. Levallian and Mr. Karney at that time and then asked me for the Money the Twenty pounds that I owed him He told me he wanted Fourscoure Pounds and he desired me that I would return it as soon as I came into the Countrey Now my Lords the same day that I received this Twenty pound of Ireland I went with Mr. Thomas Jenison the Jesuit to Harcourts Chamber to give the Fathers thanks for the Loan of the Money and there Mr. Jenison falling into Discourse on that common Topick of their Religion coming into England he did then use that Expression which Dr. Oats hath in his Narrative If C. R. would not be R. C. he should not be long C. R. And he did interpret it thus in Latine Si Carolus Rex non esset Rex Catholicus non foret din Carolus Rex And he did add my Lords upon the Discourse that if the King were Excommunicated or Deposed he was not longer King and it was no sin or no great sin to take him off and if it were discovered who did it two or three might perhaps suffer but denying the Fact the matter soon would be blown over My Lords about two Months after the Mustering the Forces upon Hounslowe-Heath Mr. Thomas Jenison did tell me he had a matter of great Consequence to impart to me that there was a Design on foot so laid as that it could not well be
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 â—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 â—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 Mounsieâ—r Lâ— Chesâ— in answer to one of the said Letters so by him the said Edward Coleman writ and to the said Monsieur Lâ— Cheâ—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 Roâ—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
we find it is no new thing look into all the Nations where the Pope hath any Power or a possibility of hope to gain a Power nothing hath been able to stand in their way but they have broken through all the Bonds of Nature and other Obligations to attain their Ends. Look into Spain King Philip there removed his own Son by what means the Story tells us he was Heir apparent but he was a Protestant and there also the Father puts Fire to his own Daughter because she was a Protestant there a Spaniard goes from Spain into Germany to murder and did murder his Brother for no other cause but because he was a Protestant Leave Spain and go into France what Massacres have been committed there under the colour of a Marriage in Queen Elizabeth's time and before that how many hundred Albingenses and Waldenses have been put to the Sword for Religion Come we to our own Country and look into England what hath been done here when Queen Elizabeth had a Successor of another Religion how many Attempts were there made upon her Person to bring that Successor in When King James came to the Crown let us remember the Gunpowder Treason wherein all the Nation was to be destroyed King Lords and Commons together and in Parliament assembled were then to be a Sacrifice a Burnt-offering though they might call it a Peace-offering for these Gentlemen are for Sacrifices of Blood as Peace-offerings to reconcile us to the Pope If this be made out we think their Principles having produced these fruits in other Ages we may believe they would do so now What has been said as History of former times is not offered as Evidence of Fact to the present Case but induces a probability that what hath been done by such persons may be done by them again But my Lords we shall make it clear and bring it home to this Lord that he hath had his Head his Tongue his Hand his Heart and his Purse in this damnable and horrible Contrivance and Treason for the destroying of the King the Government our Religion and our Nation We shall bring it home to him But my part is only to open the general Conspiracy And indeed my Lords it is an heavy burden on my aged Shoulders considering that the Winter of Infirmity and Age is growing so fast upon me My Lords the particulars concerning this Noble Lord because the Credit of it rests on the Testimony only of one man viz. Mr. Oats whose Testimony being taken by Sir Edmunbury Godfrey a Justice of Peace and kept in writing by him then Sir Edmundbury Godfrey was way-laid and murdered by men of the Popish Religion thereby to suppress the Examination that he had taken This startled and opened the eyes of the world to look about us for farther Discovery lest we should be led as Oxen to the slaughter not knowing whether we went Afterward it pleased God to bring some of their own Religion and party to make farther Discovery Whereupon several Jesuits Guilty of the Plot were therefore Prosecuted and brought to Judgment and Death After the Murder of Godfrey several Fables were spread abroad as if he were alive and Married as was declared to several Lords others of the party Reported he had Murdered himself but his Body being found it was hard for the party to invent or tell whether he first strangled himself and then run himself through or first run himself through and then strangled himself that was a Dilemma to disprove their Fables touching Godfrey's Murder It then fell out that Mr. Bedlow came as a second Discoverer whose Testimony Concurred with Oats And then there being two Witnesses as is necessary in case of Treason the Design was to take off Bedlow that there should remain but one a single Witness In order to which Reading tempts Bedlow with Rewards to lessen his former Testimony and qualifies that which he had deposed positively was but matter of hear say For which Reading the Instrument in that Design and Attempt was Indicted and Convicted by three Witnesses and suffered accordingly But then this Attempt upon Bedlow failing the next Attempt was to take off Oats his Testimony by charging him with an Infamous offence for which purpose one Knox is imployed who Suborns Lane and Osborn and they Swore it against Oats But on Re-examination Confess the Subornation and Falshood of their Design and Knox and Lane are therefore Indicted and found Guilty Thus when the Treason was discovered the Murder of an Officer of Justice is made the means to hide it and then False and Infamous stories set on Foot of that Officer to hide that Murder and Perjury and Subornation the means to blast the Discoverers These wicked and ill practices we take to be a second reproof of the Plot both in general and particular the Records of which Convictions are here before your Lordships ready to be proved For Cui bono none would do such wicked practices but to hide a greater Sin and worse Designs if possible will be opened and proved by one to whom that is particularly appointed My Lords we speak this that the World may receive Satisfaction we will let our Evidence be all open and publick in the face of the Sun and shew we go not about by private Subornations though there are endeavours to encounter us by such My Lords If we make out these things here is Matter enough for the Satisfaction of the World as to the general Contrivance But my Lords As you sit here as Judges of this Lord the Prisoner at the Bar we must bring it down to particular Persons and we shall do it even to him that those things which were mentioned in General were his Contrivance at least-wise as a man highly deeply guilty of Conspiring the Kings Death and in order to that of raising an Army and the other things that have been opened My Lords I beseech you to pardon me if I have troubled you too long The Particulars were many and I have had little help to prepare it from any body but my self but I submit my self to your Lordships and hope that what is wanting in me will be supplyed by others that follow and I also hope you will find no defect in our Evidence at all whatsoever may have been in the opening of it Then Sir Francis Winnigton another of the Committee appointed for the Management of the Evidence began as followeth My Lords I Shall begin where Mr. Serjeant Maynard ended and confine my self to this Case as it stands before you and to open the particular Evidence relating to the Lord the now Prisoner at the Bar. My Lords I look upon the Cause of this day to be the Cause of the Protestant Religion and I doubt not but that Plot which has alarm'd all Christendom will be so clearly made out in this Tryal that the most malicious of our Enemies will henceforth want Confidence to deny it That the Religion of the Papists
the Conviction of Tasborough and Price to corrupt Dugdale a principal Witness as to this Plot. I only mention these particulars my Lords and certainly as you are a great Court of Record you will take notice of them It would be a hard thing perhaps to spend the time in reading all since all of them are made known to the world already but we shall in the course of our Evidence produce them and you may read such of them as you please All the use we make of them is for the proof of the general Plot which is requisite to be done for it will be hard to believe the Prisoner Guilty of the Plot if there were no such Plot at all My Lords we shall make appear to you things which have not yet been brought into Judgment In the year 76. we shall prove by a Witness that was then abroad and discoursed with Anderton Campion Green and several other Priests and Jesuits that they did acquaint him that there would be great alteration in England ere long that the King was a Heretick and Excommunicated and might be destroyed and this Doctrine they continually and industriously preached And they further said if once the King were removed who alone stood in the way their Religion must needs flourish for this Reason as the Witnesses will speak that the Duke of York was on their side My Lords We shall prove that they had in England men no less industrious amongst them some whereof have been Executed Gavan by name who made it his business to go up and down in several Counties of this Kingdom to prove by Scripture Councils and Examples That it was a lawful undertaking to kill His Majesty These things I name as necessary in order to introduce our particular Evidence I am unwilling to dwell longer upon this point of the general Plot. I shall produce the Records and produce our several Witnesses Mr. Oats and others that will give you a full and plain Account of it My Lords Having done with the general Plot I come now to open the particular Evidence against my Lord the Prisoner at the Bar. As to him my Lords our Evidence stands not upon Conjectures or upon meer Probability because this Lord is as we well know a zealous Papist and hath owned himself so but we have express particular Proofs against his Person My Lords we have one Witness to produce to your Lordships who will prove that in September 78. there was a Consult of some Priests and other Conspirators at Tixall in Staffordshire my Lord Aston's House for killing of the King where my Lord Stafford was present And by a Discourse in the same month we shall prove what reasons this Lord did give why he and their Party undertook the Murdering of the King because he said That he and many Catholâ—ck Families had no Recompence for their Loyalty but if any thing fell it was disposed of to Rebels and Traytors This he resented deeply but above all the Obligation of his Conscience and of his Religion persuaded him to it and confirmed him in his resolution to go on in this horrid Design My Lords we will go farther and prove that this Lord offered 500 l. out of his own Purse to carry on the Plot and particularly this part of it for killing the King We shall produce to your Lordships a Witness to whom he made this offer as looking upon him to be a faithful man and having received so great a Character of him from one Evers a Priest that he thought he might safely communicate the matter to him and the Argument he urged to persuade the Witness besides the 500 l. which he said upon his application to Harcouâ—t and Ireland they should pay him was this that others as well as he was employed in the same Design that it was the only way to establish the Romish Religion in England that he would lay an everlasting obligation upon all the Persons of that Persuasion and that he should not only have his Pardon but be Canonized for it My Lords This is the substance of the Testimony of the first Witness which we shall produce against my Lord Stafford and that is so express as I think it can hardly be answered My Lords Our next Witness says thus for I shall but open the substance of what they say In June or July 1678. there were several Letters from this Lord at the Bar to the Jesuits in London in which his Lordship did declare his readiness to serve them in their great Design and in June 78. the latter end of the month my Lord Stafford came to Mr. Fenwicks Chamber in Drury-Lane he went not then by the name of my Lord Stafford but by the name of Mr. Howard of Effingham and there he did receive a Commission from Fenwick to be Paymaster-General of the Army which was to be raised for the carrying on the Plot. His Lordship told them he was then going into the Country but he hoped he should soon hear from them that they had done the business at least that it would be done before his Lordship did return To which Fenwick made answer Your Lordship must look after the business as well as other Persons and there will be need of some to Countenance it in Town thereupon the Lord the Prisoner at the Bar said That they had been often deceived by this Prince and been patient with him but they would bear no longer but were now resolved to do the Work without delay for their patience was worn out Several other particular Circumstances the Witnesses will acquaint your Lordships withal which I shall not take up your time with My Lords We have a third Witness as considerable and particular as any of the rest one that lived three years in the Lady Powis House had his Education there and was persuaded by that Lady and by one Morgan a Jesuit to become a Fryer and to that end was sent to Doway But not liking to continue at Doway he will tell you the reason why he escaped to France and at Paris came to his Brother a Benedictine Monk there who advised him to go for England But whilst he staid at Paris this Gentleman by the means of his Brother and other Priests grew into a great samiliarity with my Lord Stafford who was then in France and who at last came to have such a great Confidence in him that his Lordship could not hold but told him that though he had disobliged all his Friends by his going away from Doway yet he had something to propose to him which would be a means to reconcile him to hâ—s Friends and bring him into preserment and into the friendship of all good Catholicks whom he would oblige by it The Gentleman was willing to embrace so happy an opportunity and desired to know what it was could procure him so great a good My Lord Stafford the Prisoner at the Bar told him It was a thing of very great Importance and
witness against me may look upon me face to face according to the words of the Statute I humbly beseech your Lordships to grant me this which I take to be according to Law and that each may give his Evidence alone and that both against me and for me one may not know what the other says Lord High Stew. My Lord You shall have all the fair proceeding that can be Lord Stafford The Law says my Accusers must look me face to face I desire to have the words read Lord High Steward Your Lordship may see him there where he stands up Then Mr. Smith turned and looked upon my Lord Stafford Lord Safford I do see him but do not know him Lord High Steward Swear him Clerk The Evidence that you shall give in the Tryal of William Viscount Stafford shall be the truth the whole truth and nothing but the truth so help you God and the Contents of this Book Lord High Steward Your Lordship observes he is not brought as a particular Witness against your Lordship but to prove the general Design of your Party Lord Stafford 'T is still concerning me Lord High Steward Look upon my Lord Stafford which he did and now tell your Evidence Mr. Treby This is Mr. Smith my Lords And that which we would examine this Witness to is the general Design of the Plot what knowledge he hath had of it here or beyond Sea the Gentleman is able to understand the general Question Mr. Smith My Lords I remember very well when I went first into France I came acquainted with Abbot Montague Father Gascoyn and several other Popish Priests and Jesuits who often discoursed with me and told me if I would make my self a Catholick I should have an Employment amongst them there and afterwards in England for they did not doubt but the Popish Religion would come in very soon upon which I asked his Lordship the Abbot one day what reason he had to believe it he told me two reasons first that they did not doubt but to procure a toleration of Religion by which they should bring it in without noise and secondly that the Gentry that went abroad did observe the novelty of their own Religion and the Antiquity of theirs and the advantages that were to be had by it These Reasons Abbot Montague gave me There was one Father Bennet and others that told me the chief reason was their party was very strong in England and in a few Years they would bring it in right or wrong All this would not prevail with me to turn Papist and I lived among them several Years At last I had a design to go to Rome and as I went I had a design to go to Provence and so into Italy where there was one Cardinal Grimaldi coming thorough the Town and the Jesuits having a great School there I was curious to go to the School and they were very desirous I should tarry for some time in the Town I did and they made much of me and told me much to the same substance what assurances they had of their Religion coming into England At last they had a desire I should discourse with the Cardinal which I did and he made much of me and he it was that perverted me to the Romish Religion upon this the Cardinal shewed me a pair of Hangings that were in his House which he said did belong to the Queen Mother and were bought in Paris and he told me he was acquainted with many of the Nobility in England and that he had great assurance the Popish Religion would prevail and he told me there was but one in the way and though that man was a good natured man yet they could not so far prevail upon him but that to accomplish their designs they must take him out of the way but at last I left this place and went to Rome where I lived some years in the English Jesuits Colledge there and when I had lived there five years I came to be Prefect of several Rooms there which are the Scholars Lodgings and places of Study I have heard it there often disputed in their own Colledge both preach'd and privately exhorted that the King of England was an Heretick and that there was no King really reigning and who ever took him out of the way would do a meritorious action Lord High Steward Who was that that said so Mr. Treby Name the persons Mr. Smith Father Anderton Rector of the Colledge who was a very good Scholar Father Mumford and one Father Campion but chiefly one Father Southwell one of the chief of the Jesuits And I doubting of the truth of that Opinion they did shew me several of their Books there and directed me to some passages of Mariana Vasquez and Bellarmine which I have since published to the world wherein they did assert it as a true Doctrine and as Christian Doctrine what the Fathers told me and this was never condemned at Rome Besides my Lords when I was coming from Rome with my Faculty and License signed by Cardinal Barberino who generally conducts or causes to be conducted all Papists to take their leave of the Pope and before we came away for there were five or six of us together for a whole month these Fathers were exhorting us That we were not obliged to obey the King of England and that in all private Confessions we were to instruct all persons that we thought were capable of any design That they should use all their endeavours for promoting the Popish Religion I coming into England made my application to Dr. Perrott who belonged to the Portugal Ambassador and was chief of the Popish Clergy in England I was kept there some months to say Mass in his Chappel and afterwards I was sent into the North where there were abundance of Jesuits and Fryers to one Mr. Jenison's House where knowing the Principles of these people I made it my business to rout these Jesuits away especially out of Mr. Jenison's House who had a Kinsman of his own that was a Jesuit and used to serve him in his House and great complaint was made against me and there was one Mr. Smith otherwise Serjeant in the North who gave me intimation of it ond to whom I wrote to satisfie him and the Clergy of the grounds and reasons why I routed them away which if he be in England now he can justifie Upon this I received a smart Letter as a kind of Reprimand for my doing so and he told me That though they did agree with me in Doctrine yet they would endeavour what they could to bring in the Popish Religion And taxed me sharply for appearing against it I told him how the Jesuits perverted the Duke of York and that by that means they would be the chief men in England though there were none of their Order till Queen Elizabeths time Besides My Lords in Rome I saw Coleman's Letters and read them once a month as I believe wherein he
when we come to the particulars Sir Franc. Winn. My Lords with your Lordships favour we have opened our Case first that we would go on with the general while we are upon that head we will only call those that speak to the general but it may happen that one Witness may speak to both but we shall divide his Testimony when we come to observe upon it Mr. Treby My Lords I take leave to acquaint your Lordships that Mr. Dugdale hath but a low voice and your Lordships will not hear him without a Command of Silence which was done by Proclamation and Mr. Dugdale sworn Mr. Treby Mr. Dugdale take notice We call you now only to the general part of the Plot what Discourses you have heard from Priests in general concerning any part of the Plot. And you are not to give your particular Evidence against this Noble Lord my Lord Stafford till we call you thereunto Lord High Stew. What say you Sir Mr. Dugdale About fifteen or sixteen Years I have been acquainted that there was a Design carrying on for the bringing in the Romish Religion I have at several times by the means of my Ghostly Father that was Mr. Evers been acquainted that there were several Lords and several Priests in several places in England that were to carry it on that is they were to have Mony and Arms ready for those that wanted against the death of the King I have seen several Letters which have come from Paris Rome and St. Omers all relating to this to incourage Mr. Evers and that he should go on to incourage the rest that were ingaged For that purpose I read some of them and intercepted them because they were all directed to me Mr. Evers hath sent me upon Messages sometimes by Letters and sometimes by word of mouth and all tended for the introducing of their Religion that all should be ready with Money and Arms against the Kings Death For I did hear nothing till of late about the killing of the King In particular there came one Letter to Evers from my Lord Stafford to shew that things went on well beyond Sea and hoped they did so here I saw another time some Letters which were also transmitted to my hands by a Messenger that came from Boscobel which did come from Paris and so to St. Omers from whence they came to Harcourt and Harcourt had delivered the Letters to have the opinion of some Lords All which contained advice which they had received from Paris which they counted extraordinary good The purport of these Letters were to shew there was no way could be more likely to do their Work than if any sudden death should happen to the King then to throw it upon the Presbyterians who had killed the old King and were likeliest to be thought to have done this and so they might easily get the Protestants those of the Church of England to join with the Papists against the Presbyterians who would by that become odious and so should weaken the party the more easily to accomplish their design I have of late several times been in company with Priests and other Gentlemen in the Country when they have had Consultations both for the introducing their own Religion aud taking away the Kings life which they did always intend to be about November December or January 78. It was late in the Year but all that Year 78. this was their Consultation I have been sent to the Jesuits some of them particularly to Mr. Vavasor and Mr. Gavan for some Moneys for there was a general Collection and there was the sum of five hundred pounds at one time which I received and gave to Mr. Evers and he returned it to London for the carrying on this design and for discharging an account of Arms and things received from beyond Sea And it was agreed that my Lord Aston Sir James Symons and others should go in October 1678. to dispose of the Arms which they had so received some here and some beyond Sea to the value I heard say of 30000. Moreover I did hear that they were to have men raised there as well as here So I have heard from Mr. Evers and Mr. Gavan and others and I have been also by when it hath been discoursed that the King of France was acquainted with all these Designs and that he would furnish us with men and should not be wanting with all other aid and assistance if there should be any alteration if the King should die or be taken away or to that purpose I have been several times put upon to make Foot-Races to draw people together that they might the better have Discourses together without suspicion I was likewise put in trust by the Jesuits all the while the Plot was carrying on and particularly for two years all the Letters relating to the Plot came to my hand some of which I opened and some I kept in my own hands and particularly I had one that came to my hands which was about the Death of Sir Edmundbury Godfrey for when I carried it to Mr. Evers he said There was one of our Enemies taken out of the way and it was contained in the Letter This night Sir Edmondbury Godfrey is dispatched which by the date of it was the 12. of October 1678. I told him that that would prove a discouragement to us and would be the ruine of all the Design he said not so it would rather prove otherwise for he was one that was active in punishing lewd and debauched persons and it would rather be put upon them than us as done out of Revenge Mr. Treby Pray Sir speak the particular time when that Letter came into Staffordshire Mr. Dugdale The 14. of October 1678. which was Monday Mr. Treby The date of it pray tell us Mr. Dugdale The 12. of October 1678. Mr. Treby The very night that it was done Mr. Dugdale Likewise when I did hear there was like to be an alteration in the Government and having such fair promises I was incouraged to it and was very willing to contribute to the Design and I did then make over an Estate which I had of four hundred pound value for that purpose and for the praying for my Soul And when my Lord Aston and I should come to Account as there was money over and above due to me I did likewise promise because I saw money would be wanting I would give them a hundred pound more There were several other Gentlemen as Mr. Heveningham Sir James Symons my Lord Aston Mr. Draycott Mr. Howard and Mr. Gerard who did to my knowledge contribute towards the carrying on of this Charge for defraying of Money and raising Arms and paying for them And I have seen Letters from beyond Sea that have been to Mr. Evers that all things have been ready as to the Arms and there only wanted Orders how they should be disposed of and I have been several times brought to the Oath of Secrecy for fear I
had promised to keep it all as a secret But upon the Examination of Oates before Sir Edmondbury Godfrey as a Justice of Peace he was afraid he would come in an Evidence against him and had shewn himself a little too eager which made Coleman afraid he would witness against him And the Duke of York did send word back again That if he would take care not to reveal but conceal it he should not come in against him or to that purpose And the next news we heard was the Letter that he was dispatched Mr. Foley I desire he may give an account what assistance the Pope gave for the carrying on of this Design Mr. Dugdale I heard the Pope had out of his Revenue promised several sums of money for the carrying on this Plot and particularly that he would assist the poor distressed Irish with both Men and Money and there should not be any thing wanting on his part Lord High Stew. Have you done with him Gentlemen Mr. Treby Yes I think we have done with him as to the general Lord Stafford I desire to ask him then what sums of money did the Pope contribute to it L. H. Steward What sums of money did the Pope contribute to this Design Mr. Dugdale I have heard of several sums in general that he was to contribute for the carrying on of the Plot. L. H. Steward Did you hear of any sum certain Mr. Dugdale I do not know but I think I have heard sometimes of ten thousand Pound or some such sum I have been told by a Servant that formerly belonged to my Lord Stafford That the Popes daily income was twenty four thousand Pounds a day and that if he would do as he had promised he was able to do very much L. H. Steward They told you so you do not know it otherwise Mr. Treby We have done then with him We call Mr. Prance next Who was sworn Mr. Treby My Lords I desire Mr Prance would give us an account of what discourse he had with one Mr. Singleton a Priest and when Mr. Prance I went to one Mr. Singleton a Priest at one Hall's in the year 78. and he told me That he did not fear but in a little time to be a Priest in a Parish Church and that he would make no more to stab Forty Parliament Men than to eat his Dinner vhich he was at at that very time L. H. Steward Where was that Mr. Prance At one Hall's a Cook in Ivy-lane L. H. Steward Will you ask him any Questions my Lord Lord Stafford No my Lord Mr. Treby Then call Dr. Oates Who was sworn L. H. Stew. Do you examine Mr. Oates upon the general Plot or the particular Mr. Treby Only to the General now and we desire him to take notice he is so to speak and to confine himself to that at present Dr. Oates My Lords in the year 76 I was admitted into the service of the Duke of Norfolk as Chaplain in his House and there I came acquainted with one Bing that was a Priest in the House And being acquainted with him there came one Kemish very often to visit him and one Singleton who told me that I should find that the Protestant Religion was upon its last legs and that it would become me and all men of my Coat for then I professed my self a Minister of the Church of England to hasten betimes home to the Church of Rome My Lords having had strong suspicions for some years before of the great and apparent growth of Popery to satisfie my curiosity I pretended some doubts in my mind My Lords after some time had passed over I had some conversation with these men I found they were not men for my turn because being regular men they were not men that had any great degree of Learning Afterwards my Lords I met with one Hutchinson I found him a Saint-like man or one that was Religious for Religion sake and him I found not for my turn neither For my Lords my design was to deal with their Casuists that is those of the Society After that I had obtained the favour from him to have some Conference with one of the Society I found they were the men for my turn because I found they were the cunning politick men and the men that could satisfie me After that I had some Discourse with them I pretended to be convinced by their Arguments And my Lords after that I had thus acknowledged my Conviction I desired to be reconciled and accordingly on Ash-wednesday 1676. I was reconciled And soon after my Reconciliation Strange who was then Provincial of the Society did tell me much after this way Mr. Oats you are now reconciled to the Church of Rome and you must lay down your Ministry for your Ordination is invalid and you must look upon your self as no more than a Layman Pray says he now what course do you think to take I told him I did desire to be one of their Society and to be admitted a Novice into their Order He said it was a very honest request and a very honest desire and he said he would take some time to consider of it and he would take till the Saturday following Saturday following I was sent for by one Fenwick I lodged then in Barbican and Fenwick came to me and told me the Fathers were met at Wild-House and would speak with me And he also told me they had granted my request and I should be admitted After I was admitted they told me I had some years upon me and I could not undergo those burdens they put upon younger men But what did I think of travelling and going beyond Sea to do their business I did agree to it and in April 77. I went aboard one Luke Roch Master of the Bilboa Merchant bound for Bilboa having their Letters of Recommendation After I arrived there which was on a Sunday in May or June I can't tell which I went the Friday following for Validolid in Castile and I got thither the Tuesday following but by the way I opened certain Letters wherein was made mention of a disturbance designed in Scotland And the Letters did express what hopes they had to effect their Design in England â—on the carrying on as they worded it the Catholick Cause and for the advancement of the interest of the Bishop of Rome My Lords after I had arrived at Validolid there were Letters there got before me which were dated in May wherein was expressed news That the King was dispatched which was the cause of great joy to the Fathers there and afterwards Letters dated in May too but towards the latter end of May came That they were mistaken and desired the Fathers there to stifle that news My Lords there came Letters dated in June wherein they did give an account That they had procured one Beddingfield to be Confessor to the Duke of York which Beddingfield by his interest might prevail much with the Duke in
order to this Design Letters came also in June from St. Omers which gave them an account That Father Beddingfield had assured them of the Dukes willingness to comply with them for the advancement of the Catholick Religion My Lords after I had stay'd some time there and had passed through the Country for the business of the Society I found that in the Court of Spain some Ministers of that Court had been very ready to advance Money which Money was returned for England and that the Father Provincial of the Jesuits of Castile by his care and industry had advanced Ten Thousand Pound which was promised to be paid in June following within a Twelvemonth after My Lords in July I received Letters out of England wherein an account was given there to the Fathers in Spain That they were sending them a Mission of Twelve Students Four whereof were to go to Madrid and Eight to Validolid the Conductors of these Twelve Students were one Father Crosse that was his true Name and one Father Mumâ—ord whose true Name was Armstrong These Missioners arrived in December where they had a Sermon preached at their coming by this same Armstrong wherein the Oaths of Allegiance and Supremacy were declared to be Antichristian Heretical and Devillish in which the Kings Legitimacy was vilified and abused and that his Religion did intitle him to nothing but sudden death and destruction in that he appeared an enemy both to God and Man These were the Contents of that Sermon as near as I remember My Lords after the meeting with several Letters there in July August and September in the Kingdom of Spain it was ordered I should return for England and in the month of November I came for England at which time I had Letters from the Provincial of Castile called by the Name of Padre Hieronymo de Corduba who did in his Letter assure the Provincial in England and the Fathers here That the ten thousand Pound should be paid as I said hefore in June following When I came for England at London I was lodged at one Grigson's that lived in Drury-lane near the Sign of the Red-Lyon and there I lay till I went to St. Omers and by the Provincial and the Consultors of the Province I was ordered a maintenance and it was paid to this man for entertaining of me I went and brought these Letters to this Strange and there was Father Keins lying ill upon Strange's Bed and Keins was saying he was mighty sorry for honest William so they called the Russian that was to kill the King that he had missed in his Enterprize But my Lords this I think good to tell your Lordships they were not so zealous for the destruction of the King till the King had refused Coleman the dissolving of the long Parliament Then they were more intent upon it though they had several times attempted it ever since the Fire of London but when Coleman was refused the Dissolution of the Long Parliament then were they more zealous for the Destruction of the King but the Design for the introducing the Popish Religion they have been carrying on some years before the Fire by those instruments some of whom are yet alive My Lords I left England in November old stile and December new stile for when I came to St. Omers it was as near as I can remember the 9. or 10. of December according to the stile of the place I carryed with me a Packet of Letters from Strange the Provincial and other Fathers that were of the Consult for the Province of England to the Fathers at St. Omers wherein Strange did tell them that they had great hopes of their Design taking effect the next year but as yet it would not be effected he said therefore they at London thought it fit to suspend it till they saw what the Parliament would do And he did in the same Letter declare That the Parliament would be about a long Bill that had been brought into the Commons House some Sessions before but he did not Question but that the Catholick Party would evade that Bill And My Lords in that year some time after we had a Letter from our New Provincial whose true Name was Whitebread and his counterfeit Name White This Father writes to the Fathers at St. Omers and therein he does order one Conyers to preach upon St. Thomas of Canterburies Day and he did therein also tell them that he would be as zealous for the carrying on of the Design as his Predecessor had been and a Sermon was accordingly preached at the Sodality Church wherein after he had commended the Saint whose Day they celebrated for his great Vertues declaring how unworthily he was sacrificed he did inveigh against the Tyranny as he called it of temporal Princes and particularly of the King of England and when he came to speak of the Oaths of Allegiance and Supremacy he declared that he looked upon them as Antichristian and Devillish and that it was fit to destroy all such as would countenance them We have done with the year 77. and we come now to January 1678. Lord High Stew. You speak of one Keins who lying upon Stranges Bed said he was sorry honest Will had missed his Enterprize You have not explained who that honest Will was explain that Dr. Oats It was Grove Lord High Steward But about what did he say he was sorry for him Dr. Oats That he had missed his Design Mr. Foley What was that missing of his Design Dr. Oats That he had not killed the King My Lords in January 78. Lord High Steward You mean according to the Foreign stile Dr. Oats Yes according to the Foreign stile My Lords we received Letters out of Ireland and there my Lords we found by the Contents of those Letters that they were as busie in Ireland as we were in England We found there that the Talbots and other persons were very zealous in raising of Forces and were resolved to let in the French King provided that the Parliament should urge the King to break with France My Lords likewise in January as near as I can remember Morgan was sent into Ireland as a Visitor which is something a better place than a Provincial but only it is but temporary for the time he visits and he returns in February or March and gives an account how ready the Irish were to vindicate their freedom and their Religion from the oppression of the English as they called it My Lords in February some were employed to go into some parts of Germany to Liege and to some parts of Flanders to see how the affairs there stood and how their Correspondencies stood to see whether there was not an interruption in the Correspondencies My Lords upon their return they found that the Fathers at Ghent were inclined to take into this business the secular Clergy but the Fathers of St. Omers together with the Provincial did refuse the motion because the secular Clergy were more
knowledge Sir John Trevor Then the next Witness we desire may be called is Mr. Bernard Dennis Mr. Serj. Maynard This Witness we call now is to confirm what Dr. Oats hath said that he was at Validolid and other places in Spain he will be short Lord High Steward Call you Oats again Sir Franc. Winn No my Lord We call Dennis to confirm what Dr. Oats hath said He hath given your Lordship an account that he was in Spain we now produce one that saw him when he was there and so confirms the Evidence given by him Then Mr. Dennis was sworn Mr. Treby Mr. Dennis Do you give their Lordships an Account of your Discoursing with Dr. Oats in Spain or any where else abroad and where L. H. Steward Stay a little Do you know Mr. Oats Mr. Dennis Yes my Lord. L. H. Steward How long have you known him Mr. Dennis I knew him in the year 77. L. H. Steward Where Mr. Dennis At Validolid L. H. Steward Did you see him there was he a Student there Mr. Dennis Yes my Lord. Lord High Stew. Was he known by the name of Oats Mr. Dennis Yes my Lord he was Sir Franc. Winn. My Lord We desire he may tell his knowledge of Mr. Oats what conversation he had with him in Spain Mr. Dennis My Lords I was in Spain in the City of Victoria and leaving the City of Victoria in the month of June I took my course to Madrid and passing through the City of Validolid going into the Convent of the Dominicans there came an Irishman a Priest of Ireland out of the City to seo me and there he told me there was a Student of the Jesuits by name Mr. Oats an Englishman and I understanding this went into the Colledge of the Jesuits to see Mr. Oats and there had conversation with Mr. Oats and in the conversation I had with him there he told me that he was a Vicar in Kent and that he was Chaplain to a great Nobleman in England by name Howard and that he went out of England by the consent of the Jesuits in England being converted by them to the Roman Catholick Faith and that his going into Spain was to fit himself for the Society of the Jesuits and understanding my resolution was to go to Madrid he did desire me to carry a Letter to the Archbishop of Tune one James Lench an Irishman who lived at Madrid and further he lent me four pieces of Eight to defray my Journey to Madrid and desired me to pay the money to the Procurator of the Jesuits at Madrid and in carrying this Letter to the Archbishop when I came there I got a Dominican Fryer of Ireland by name Humphry Delphin to go with me and see the Archbishop at his lodging and going in I delivered him the Letter in the presence of the Dominican and he perused it in my presence and in the presence of a Priest that waited upon him and finishing the Contents of the Letter as I suppose with a smiling Countenance he turned about and said Sirs the Contents of this Letter is that Mr. Oats is desirous to receive the Order of Priesthood from me or at my hands and if it be so it will be much in our way and this man will be a fit man for our purpose for said he further Dr Oliver Plunket Primate of Ireland is resolved this year or with the next Convenience to bring in a French Power into Ireland and thereby to support the Roman Catholicks in England and Ireland and if it please God I my self without any delay will go into Ireland to assist that pious Work All this Discourse between us and the Archbishop and between Oats and me was in July 77. And there I did speak and converse with Mr. Oats All this I can testifie for truth on the behalf of Mr. Oats who was then a Student in the Colledge of Validolid and had no other name nor title Mr. Foley I desire himself may tell your Lordships what Religion he is of Lord High Steward What Religion are you of Mr. Dennis I am a Dominican Fryer my Lord. Lord High Steward Are you Mr. Dennis My Lords I am Lord High Steward At this time Mr. Dennis Yes my Lords Mr. Serj. Maynard He hath a Pardon my Lords Mr. Treby This hath been controverted my Lords whether Mr. Oats ever was in Spain we desire to make it out plain to the world for the Confirmation of his Evidence Therefore we ask him again Do you know the person of Mr. Oats Mr. Dennis Yes I do Mr. Treby Is this person that gave Evidence last before you the same person you saw at Validolid Mr. Dennis Yes it is Mr. Sacheverel My Lords we desire to ask of him why he had the four pieces of Eight of Mr. Oats Lord High Steward Why had you that money of Oats Mr. Dennis For to defray my Journey to Madrid Lord High Stew. Was that all you had Mr. Dennis Yes my Lords Mr. Sacheverel We pray he may be asked how he came to be so needy Mr. Dennis My Lords I was not altogether needy but it is very certain Religious persons especially of my Order cannot carry any money about them but what is requisite for their Journey and that which may be removed from place to place Sir John Trevor I desire to ask him did he see any more money that Dr. Oats had Mr. Dennis I did see Dr. Oats in his Chamber in the Colledge at Validolid when he delivered me the four pieces of Eight to draw out a Drawer of a Table in his Chamber and out of the Drawer he pulled a Bag of money which was a very considerable Sum of money and I am certain he did not want money there then Mr. Treby My Lords I think we have done with him if my Lord please to ask him any Question he may Lord Stafford But only one Question for I never saw the man in my life I desire he may be asked whether he be still of the Romish Religion Sir John Trevor My Lords We have not yet done with him the Question we would ask him is this whether he hath heard of any money that was gathered in Ireland for the support of this Plot Lord High Stew. The Question asked of you have you heard of any money gathered in Ireland for the support of this Plot Mr. Dennis I have both heard and seen of it Lord High Steward When and where Mr. Dennis My Lords in the year 68. I entred into the Order of the Dominicans in Ireland and in the same year there arrived at Dublin a Franciscan Fryer Brother to the late Earl of Carlingford and arriving there he made several Collectors for the levying a competent sum of money out of every Convent and Religious House My Lords the Collectors were by name John Reynolds alias Landy and John Berne and arriving at the County of Sligoe in the month of May. Lord High Stew. What year Mr. Dennis 68. And
they have can in the least absolve me of my Allegigiance And I do acknowledge the King is my Soveraign and I ought to obey him as far as the Law of the Land obliges any Subject of his to obey him whether I have taken the Oath of Allegiance I appeal to your Lordships to be my Witnesses and if I did not take it a thousand times for my Allegiance to the King if required I think I should deserve a thousand Deaths and all the Torments in the world for refusing it My Lords These Gentlemen here did begin their Charge Serjeant Maynard and Sir Francis Winnington with telling your Lordships there was an horrid Design to murder the King to alter the Government and introduce the Popish Religon This they say was ingaged in by the Roman Catholicks that all the Church of Rome were the Contrivers of it for they tell your Lordships the whole Body hath been ingaged in it and they have given you many Proofs by Witnesses examined the first day of a General Plot what Credit you will give to them I leave to your Lordships in the end of the Case but still they said it was the Body of the Roman Catholicks in England or the Papists or what they call them that were the Plotters in this Design But I beseech your Lordships how am I concerned in it for I must say to your Lordships they have not offered one proof that I am of that Religion So that though any of you should have seen me at the Exercises of that Religion or otherwise know it of your selves yet if there be no Proof judicially before you you are not to take notice of it I have heard if a man be accused of a Crime and be to be tryed and no Evidence come in if every man of the Jury were sure that the Fact was done yet they must go upon the Evidence produced to them and not upon their own knowledge So then no Evidence being produced before your Lordships about my being a Papist you are not to take me for such an one But my Lords if I were of that Church and that were never so well proved too I hope I have an advantage in it that I have kept my self from being poysoned with so wicked a Principle or ingaged with the rest in so ill a thing My Lords I am here accused of having endeavoured to kill the King I find by the Law upon reading Sir Edward Coke since my Imprisonment That all Accusations of Treason ought to be accompanied with Circumstances antecedent concomitant and subsequent but I conceive my Lords there is no tittle of any such thing proved against me The whole compass of my life from my infancy hath been clear otherwise In the beginning of the late unhappy times the late King of happy and glorious memory did me the honour to make me a Peer and thinking that my presence might rather prejudice him than serve him my Wife and I settled at Antwerp when the War begun where I might have lived though obscurely yet safely but I was not satisfied in my Conscience to see my King in so much disorder and I not endeavour to serve him what I could to free him from his troubles And I did come into England and served his Majesty faithfully and loyally as long as he lived And some of your Lordships here know whether I did not wait upon the now King in his Exile from which he was happily restored which shews I had no ill intention then My Lords I hope this I have said does shew that my life hath given no countenance to this Accusation but clear contrary to what these I hope I may call them so and doubt not to prove them so perjured Villains say against me My Lords After I had this misfortune to be thus accused about a month or six weeks after your Lordships were pleased to send two Members of this honourable Body to me I do not see them at present here to examine me about the Plot they were my Lord of Bridgwater and my Lord of Essex if they be here I appeal to them what I did say These two after they had examined me told me they did believe and could almost assure me That if I would confess my Fault and let them know the particulars of it your Lordships would intercede with the King for my Pardon but I then as I ought asserted my own Innocency Not long after the King out of his Grace and Goodness to me sent six of the Council to the Tower to offer me That though I was never so guilty yet if I would confess I should have my Pardon I did then consider with my self I could not imagine what ground there was to believe your Lordships could have Evidence of what there was not to bring me in Guilty and thereupon I was so far from being able to make a Discovery that I could not invent any thing that might save my life if I would My Lords I was seven days in the Countrey after I heard of the Plot if I had known my self guilty I should surely have run away As I came to London when I was at Lichfield there met me two of my Lords They told me and so did a Gentleman of the House of Commons how much there was in the Plot which if I had had an hand in it would certainly make me fly for it I have ever heard when a man is accused or suspected of a Crime Flight is a great sign of Guilt and that it is often asked of the Jury though there be no certain positive Evidence of the Fact Whether a man fled or no As that is a sign of Guilt so Remaining is a sign of Innocency If then after Notice I come to Town and suffer my self to be taken if after Imprisonment and Accusation I refuse my Pardon and yet had been Guilty I ought to die for my Folly as well as my Crime My Lords 't is a great Offence to commit Treason and a great Addition to continue obstinate when upon Acknowledgment a man can save his life nay my Lords if I should have refused these Offers and yet known my self Guilty I had at the same time been guilty of one of the greatest Sins in the world as being the cause of my own Death And as I hold next to Treason Murder the greatest sin so I hold of all Murders Self-murder to be the greatest nay I do not think any man living can pardon that Sin of Murder And I do profess to your Lordships in the presence of Almighty God that if I could immediately by the Death of this impudent Fellow Dugdale who hath done me so much wrong make my self the greatest man in the world that is or ever was I profess before God I would not I cannot say my Charity is so great but that I should be glad to see him suffer those Punishments the Law can inflict upon him for his Crimes but his Death I would not have
as for Dr. Perrot I never was at his Lodgings in my life and I never knew where he lay he hath been with me sometimes but I knew not that he was a Doctor But my Lords I desire I may not be ran down by these Fellows who do not speak a word true nor one tittle My Lords I have Witnesses in whose House Fenwick lay Call them and ask them if ever they knew me in their lives L. H. Stew. What kind of man was he Dr. Oats My Lords he is an ancient man he wears his own Hair L. H. Steward Is he a tall man or a low man Dr. Oats A lusty man L. Stafford Truly my Lords I never was at his house since I was born Dr. Oats My Lords I 'll tell your Lordships a Circumstance That Summer Don Francisco de Melos the Ambassador here was sick and I think he died of the Sickness Dr. Perrot was his Father Confessor I was waiting for Dr. Perrot some time for he promised to meet me at his Lodgings and this Gentleman the Prisoner at the Bar did come in there L. Staffo rd Where Dr. Oats Into Dr. Perrot's Lodging Dr. Perrot had a Kinsman there that waited on him and when my Lord came in he was in haste to speak with Dr. Perrot and he offered me half a Crown to fetch Dr. Perrot to him and I made him this Reply I was no Porter L. Stafford If ever I saw this man in my life since I was born or heard of his Name till the Plot then I will confess my self guilty of all Indeed when first I heard of the Plot they said there was one Mr. Oats discovered it but I did not know any such man Dr. Oats I went by another Name and went in another Habit and my Lord Stafford though his memory be bad yet it can't be so bad but that he must remember something of me L. Stafford I don't remember you I never saw your face in my life L. H. Steward You would have given him half a Crown to have fetch'd Dr. Perrot L. Stafford It seems then at that time I took him for a poor Fellow that I should offer him a shilling or two Dr. Oats It is like I was but I refused your half Crown and told you I was no Porter L. Stafford My Lords I shall give you Evidence that he was a poor Fellow since he gives me occasion to prove it nay that he was so poor that he was brought down to accept of 6 d. I will prove it by the party that gave it now he puts me upon it But my Lords this Doctor Oats says he saw some of my Letters I desire to know what was in them Did he take any Notes What was in them L. H. Stew. Did you when you had a sight of these Letters at St. Omers take any Notes out of them Dr. Oats What Notes I did take if I did take any I have not now in being but I do not remember that I did take any Besides my Lords we could keep no Papers by us but what we communicated to our Superiours and therefore it was still their care to look after their Papers themselves and in that Circumstance of time if they had known I had taken Notes out of their Papers it would have been prejudicial to me and indangered my life L. Stafford My Lords I infer this one thing further upon what this Doctor Oats tells you He did seemingly profess himself of the Catholick Religion and I do stand upon it that hereupon he is no competent Witness in that which he offers against me For he being of the Church of England for I think he professes himself so and wears that Habit I say any man let him be who he will in the world Church of England man or other that shall pretend himself to be a Papist for what end soever it be that he so pretends and dissembles with God Almighty which he must do to a great height in receiving that Sacrament which is by your Lordships and the House of Commons declared to be gross Idolatry is not easily to be esteemed a Witness I appeal to your Lordships to the House of Commons and every body whether such a Fellow that will abhor his Religion let him do it for any ends in the world be a man to be credited and especially ingaging in such a way to such an height in that which his Conscience tells him is idolatrous is not a perjured Fellow and no compleat Witness No Christian but a Devil and a Witness for the Devil And I appeal to the whole Christian World if a Protestant of the Church of England should come to be a Servant to a Catholick and pretend himself a Papist and were not so whether he were fit to be countenanced as it did once happen to me at Brussels fore the King came in one that was a Protestant came to be my Footman and he professed himself afterwards to be a Catholick and when I found he was not so I told him what a Villain he was and he ought to be punished severely I detest such dissembling with God and I think by the Laws of God and Man and the Holy Scriptures such a perjured man is no Witness I am sorry I have troubled your Lordships so long But now if you please to give me leave my Lords I will give you my Reasons why I called him now when I did remember how he had dissembled with God Almighty as I said before I did consider with my self sure this Dr. Oats must have been ever since he hath returned of a very severe strict and sober life for a man that hath so dissembled with God ought to shew himself of an exemplary peaceful pious civil life to testifie the truth and reality of his Repentance But last night when I came home and was siting by the fire side extreamly weary my Daughter here comes in and asks me if I had heard what had passed between Dr. Oats and the Lieutenant how he called the Lieutenant Rascal and Goaler sure then said I to my self this is not the quiet civil sober man that such a one that hath lived as he hath done ought to be And this is the reason I speak of it that he should call him vile Names Goaler and Rascal it did not become a man of his Coat to do it whether it was so or no I do not know but Mr. Lieutenant I suppose will satisfie your Lordships L. H. Steward What did Oats say to you Mr. Lieutenant Mr. Lieuten My Lords I was desiring Mr. Oats that he would keep the people down because there was a great croud and seeing a great many people come in he told me they were Witnesses that were to come in said I I believe half of these are not Witnesses and the door opening so often I could keep this place in no order so I desired they would stand away that were not Witnesses why says he you are but a
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