THE TRYAL OF WILLIAM VISCOUNT STAFFORD FOR HIGH TREASON In Conspiring the Death of the KING The Extirpation of the PROTESTANT RELIGION The Subversion of the GOVERNMENT and Introduction of POPERY into this Realm Upon an IMPEACHMENT BY THE Knights Citizens and Burgesses in Parliament assembled In the Name of Themselves and of All the COMMONS OF ENGLAND Begun in Westminster-Hall the 30. day of November 1680. and continued until the 7. of December following on which day Judgment of High Treason was given upon him With the Manner of his Execution the 29. of the same Month. Dublin Reprinted by Jos Ray at College-Green and are to be sold by S. Helsham Job North Jos Howes and the rest of the Booksellers of Dublin 1681. The TRYAL of William Viscount Stafford Begun in Westminster-Hall November 30. 1680. The First Day WIlliam Earl of Powis William Viscount Stafford Henry Lord Arundel of Wardour William Lord Petre and John Lord Bellasis having been formerly impeached in the House of Lords of High Treason and other high Crimes and Offences by the House of Commons in the Name of Themselves and of all the Commons of England And the House of Commons having sent a Message to the Lords to acquaint them with the Resolution of that House to proceed to the Tryal of those Lords then in the Tower and forthwith to begin with the said Viscount Stafford and to desire their Lordships to appoint a convenient day for the Tryal of the said Viscount Stafford their Lordships did thereupon appoint the 30. day of November 1680. for his Trial And a place in Westminster-Hall having been for that purpose erected the same was as followeth viz. Therein were both Seats and Wool-packs correspondent in all points to those in the House of Lords as also a State placed at the upper end thereof with a Cabinet for the King and whom His Majesty should think fit to attend him there on the right hand the State and the like on the left hand for the Queen and her Followers As also Galleries over head for Ambassadors and others And to the end that the Commons might be fitted with Seats upon this great occasion there were erected for them on each side divers Benches on several degrees extending to the utmost Walls of the Hall At the lower end the Bar whereunto the Prisoners were to be brought being placed on the right hand thereof was a place raised about five Foot wherein the Witnesses were to stand and on the left hand a convenient Room for those particular Members of the House of Commons which were to manage the Evidence And the Right Honourable Heneage Lord Finch Baron of Daventry Lord High Chancellor of England being by His Majesties Special Letters Patent bearing date the 30. of November 1680. Constituted Lord High Steward for that present occasion upon Tuesday the said 30. of November the Lord High Steward was honorably attended from his House in Queen-street by all the Judges of His Majesties Courts in Westminster-Hall in their Robes as also by Garter Principal King of Arms in His Majesties Coat of Arms and the Gentleman Usher of the Black Rod unto whom His Majesty had the day before delivered the White Wand to be carried before his Lordship and about nine of the clock in the morning set forwards in his Coach towards Westminster sitting at the hinder end thereof Garter and the Gentleman who bore the Great Seal sitting both uncovered at the other end one of the Setjeants at Arms with his Mace being placed on the right side the Coach and the Usher of the Black Rod carrying the VVhite VVand on the left side the Judges and his Lordships Gentlemen in several Coaches following after Being thus come to the Stairs-foot ascending to the House of Peers the Judges went up two and two together the Juniors first next the Lord High Steward's Gentlemen after them the Serjeant at Arms with his Mace and the Seal bearer and lastly the Gentleman Usher of the Black Rod bearing the VVhite VVand Garter principal King of Arms going on his right hand Then his Lordship alone his Train born by one of his Gentlemen in this manner entring the House of Peers he found all the Lords in their Scarlet Robes also the Bishops in their Rochets and took his place upon the uppermost Woolsack This done and Prayers ended his Commission for Lord High Steward was read And then the Bishops receded and the Lords Adjourned themselves into the new erected a Court in VVestminster-Hall All things being thus in readiness and a large Door-place broken through the upper end of VVestminster-Hall into that Room which was heretofore the Court of VVards Their Lordships passed from their House first into the Painted Chamber then through that called the Court of Requests Thence turning on the left hand into that called the Court of VVards then entred at the Door so broke down as aforesaid into VVestminster Hall and passed through a long Gallery placed between the King's Bench and Chancery Courts into this New erected Court in VVestminster-Hall and proceeded after this manner viz. First the Assistants to the Clerk of the Parliament Then the Clerk of the Crown in Chancery and Clerk of the Parliament after them the Masters in Chancery two and two and the King's Attorney General alone Then the Judges of all Courts in VVestminster-Hall by two and two Next to them Noblemens Eldest Sons After them Four Serjeants at Arms bearing their Maces Next the Gentleman Usher of the Black Rod. Then all the Noble Men according to their respective Degrees the Juniors first viz. Barons Viscounts Earls Great Officer viz. Lord Chamberlain of the Houshould Marquesses Dukes Great Officers Lord Privy Seal Great Officers Lord President of the Council Then Four more Serjeants at Arms bearing their Maces After them the Gentleman carrying the Great Seal Then one of His Majesties Gentlemen Ushers daily-waiters carrying the White Wand Garter Principal King of Arms going on his right Hand Then the Lord High Steward alone having his Train born and after him his Highness Rupert Duke of Cumberland a Prince of the Blood This done and the whole House of Peers having taken their Places according to their Degrees the Commons being also Seated on each side and the Managers in the Room appointed for them the Commons being all bare The Lord High Steward after obeysance made towards the State took his place upon the uppermost Wool-sack and thereupon receiving the VVhite VVand from Garter and the Gentleman Usher upon their Knees delivered it to the Usher of the Black Rod who held it during the time of Sitting there Having so done his Lordship said Cryer make Proclamation of Silence Then the Cryer a Serjeant at Arms made Proclamation thus All manner of Persons are straitly commanded to keep Silence upon pain of Imprisonment God save the King Lord High Steward Make Proclamation for the Lieutenant of the Tower to bring the Prisoner to the Bar. Cryer Oyes Oyes Oyes Lieutenant
of the Tower of London bring forth thy Prisoner William Viscount Stafford upon pain and peril shall fall thereon God save the King Whereupon the Lieutenant of the Tower brought the Prisoner to the Bar. Usher of the Black Rod. My Lord Stafford must kneel which he did Lord high Steward Rise my Lord. Then he Arose and stood at the Bar and the Lord High Steward spake to him as followeth My Lord Viscount Stafford THE Commons of England Assembled in Parliament have Impeach'd your Lordship of High Treason and you are brought this Day to the Bar to be Tryed upon that Impeachment You are not Try'd upon the Indictment of Treason found by the Grand Jury tho there be that too in the Case But you are Prosecuted and Pursued by the Loud and Dreadsul Complaints of the Commons and are to be Try'd upon the Presentment which hath been made by the Grand Inquest of the whole Nation In this so Great and Weighty Cause you are to be Judg'd by the whole Body of the House of Peers The Highest and the Noblest Court in This or perhaps in any other part of the Christian World Here you may be sure no False Weights or Measures ever will or can be found Here the Ballance will be exactly kept and all the Grains of Allowance which your Case will bear will certainly be put into the Scales But as it is impossible for my Lords to Condemn the Innocent so 't is equally Impossible that They should clear the Guilty If therefore you have been Agitated by a Restless Zeal to Promote that which you call the Catholick Cause If this Zeal have Engaged you in such Deep and Black Designs as you are Charged with and this Charge shall be fully Prov'd Then you must Expect to Reap what you have Sown for every Work must and ought to Receive the Wages that are due to it Hear therefore with Patience what shall be said against you for you shall have full Time and Scope to Answer it Aud when you come to make your Defence you shall have a very fair and equal Hearing In the mean time the best Entrance upon this Service will be to begin with Reading of the Charge Lord High Steward My Lord if your Lordship find your self infirm and unable to stand your Lordship may have a Chair to ease your self whilst the Charge is Reading and a Chair was brought accordingly and his Lordship sate thereon Clerk of the Parliament Read the Charge Articles of Impeachment of High Treason and other high Crimes and Offences against William Earl of Powis William Viscount Stafford and Henry Lord Arundel of Wardour William Lord Petre and John Lord Bellasis now Prisoners in the Tower of London 1. THat for many years now last past there hath been contrived and carried on by Papists a Trayterous and execrable Conspiracy and Plot within this Kingdom of England and other places to Alter Change and Subvert the Ancient Government and Laws of this Kingdom and Nation and to Suppress the True Religion therein Established and to Extirpate and Destroy the Professors thereof which said Plot and Conspiracy was contrived and carried on in divers Places and by several ways and means and by a great number of Persons of several Qualities and Degrees who Acted therein and intended thereby to Execute and Accomplish the aforesaid Wicked and Traiterous Designs and Purposes That the said William Earl of Powis William Viscount Stafford Henry Lord Arundel of Wardour William Lord Petre and John Lord Bellasis together with Philip Howard commonly called Cardinal of Norfolk Thomas White alias Whitebread commonly called Provincial of the Jesuits in England Richard Strange lately called Provincial of the Jesuits in England Vincent commonly called Provincial of the Dominicans in England James Corker commonly called President of the Benedictines Sir John Warner alias Clare Baronet William Harcourt John Kenis Nicholas Blundel Poole Edward Mico Thomas Bedingfield alias Benefield Basil Langworth Charles Peters Richard Peters John Conyers Sir George Wakeman Thomas Fenwick Dominick Kelly Fitzgerald Evers Sir Thomas Preston William Lovel Jesuits Lord Baltamore John Carrel John Townely Richard Langhorn William Fogarty Thomas Penny Matthew Medbourn Edward Coleman William Ireland John Grove Thomas Pickering John Smith and divers other Jesuits Priests Fryers and other Persons as false Traytors to his Majesty and this Kingdom within the time aforesaid have Traiterously Consulted Contrived and Acted to and for the accomplishing of the said wicked pernitious and Traiterous Designs and for that end did most wickedly and Traiterously agree Conspire and resolve to Imprison Depose and Murder his Sacred Majesty and to deprive him of his Royal State Crown and Dignity and by malicious and advised speaking writing and otherwise declared such their Purposes and Intentions And also to subject this Kingdom and Nation to the Pope and to his Tyrannical Government And to seize and share amongst themselves the Estates and Inheritances of his Majesties Protestant Subjects And to Erect and Restore Abbeys Monasteries and other Convents and Societies which have been long since by the Laws of this Kingdom suppressed for their Superstition and Idolatry and to deliver up and restore to them the Lands and Possessions now vested in his Majesty and his Subjects by the Laws and Statutes of this Realm And also to Found and Erect new Monasteries and Convents and to remove and deprive all Protestant Bishops and other Ecclesiastical persons from their Offices Benefices and Preferments And by this means to destroy his Majesties Person extirpate the Protestant Religion overthrow the Rights Liberties and Properties of all his Majesties good Subjects Subvert the lawful Government of this Kingdom and subject the same to the Tyranny of the See of Rome 3. That the said Conspirators and their Complices and Confederates Traiterously had and held several Meetings Assemblies and Consultations wherein it was Contrived and Designed among them what means should be used and what Persons and Instruments should be Employed to Murder his Majesty And did then and there resolve to effect it by Poisoning Shooting Stabbing or some such like ways and means and offered Rewards and Promises of advantage to several persons to execute the same and hired and imployed several wicked persons to go to Windsor and other places where his Majesty did reside to murder and destroy his Majesty which said persons or some of them accepted such Rewards and undertook the perpetrating thereof and did actually go to the said Places for that end and purpose 4. That the said Conspirators the better to compass their Trayterous Designs have Consulted to Raise and have procured and raised Men Money Horses Arms and Ammunition and also have made Application to and Treated and Corresponded with the Pope his Cardinals Nuncioes and Agents and with other Forreign Ministers and Persons to raise and obtain Supplies of Men Money Arms and Ammunition therewith to make levy and raise War Rebellion and Tumults within this Kingdom and to Invade the same with
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
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
cowardly and sought themselves and not the Interest of the Church or to that purpose My Lords in March we received Letters that there was a very shrewd attempt made upon the person of the King and that the Flint of Pickering's Gun or Pistol was loose and his hand shaking the King did then escape for which he received a Discipline and the other a severe chiding Lord High Steward You explain not the meaning of what you say that was not honest William for he you say was Grove Dr. Oats I mean Pickering received the Discipline and William was chid for it was Pickering's Flint that was loose My Lords this was in March and at the latter end of March there comes a Letter from London in which there was a Summons to a Consult here in London and being summoned there went over eight or nine from St Omers Liege and Ghent to this Consult and I did attend then in their journey Lord High Steward When did that Summons come Dr. Oats The latter end of March or the beginning of April as I remember they had notice of it in England before but we had notice of it just when we were to come I think it was in April as near as I can remember I cannot be certain in that my Lord. We did come to Town in April there the Consult was held it begun at the White Horse Tavern where they did consult about some things of the Society and afterwards they did adjourn into particular Societies where they did debate and resolve on the Death of the King and that Grove should have fifteen hundred pounds for his pains and the other being a Religious man should have thirty thousand Masses said for him My Lords after staying in Town a while we returned to St. Omers and after I had staid there some few days the new Provincial did begin to visit his Province and comes over to St. Omers where after staying some six days he goes over away from thence to Wotion But whilst he staid at St. Omers I was ordered to go into England to attend the Affairs here and for to do some other Services that they should imploy me about My Lords accordingly I did come over and it was on the 23. new stile as near as I remember I got to Calice the 24. I got to Dover on the 25. I got to Sittenburn but between Dover and Sittenburn we had some Boxes seized for at Dover we met with Fenwick who is since executed who went by the name of Thompson and carried a Box with him and a little on this side Canterbury it was seized by the Custom-House Officers and several little Trinkets in it which were seized as French Goods and he did desire the Searcher to stand his friend and he would give him something for his pains and told him where he should write to him in London There was a Superscription on the Box to one Blundel but he should write to him by the name of Thompson at the Fountain Tavern neer Charing-Cross We arrived in Town the 17. of June which is the 27. new stile it was upon a Monday and there were Letters which did follow us wherein were proposals to be made to Sir George Wakeman for the Poisoning of the King and that the Ten Thousand Pounds which the Spaniards had promised in January before and was accordingly paid in London at the time should be proposed to Wakeman to poison the King I found that Coleman did look upon it as too little and he thought Fifteen Thousand Pound should be given to him I found that Langhorn thought it too much and that he ought to do so great a piece of Service for nothing and told us he was a narrow-spirited man if he would not ingage in such a thing My Lords there was Five Thousand Pounds as the Books told me paid but I did not then see it paid because I was then ill and not fit to stir abroad My Lords we are now past June 78. In July Father Ashby comes to Town who did revive the Proposal to Sir George Wakeman but being sick of the Gout he hastened down to the Bath and when he came there as soon as he began to be well he was advised by the Fathers to see how the Catholicks stood affected in Sommerset shire for they had had an Account in March 78. by Letters from Berkshire Oxfordshire and Essex that the Catholicks stood well affected and Sir William Andrews did secure that the people of Essex should stand to their points and so several men did secure that they would have them in readiness My Lords In August I cannot remember every particular but refer my self to the Records of the House about the 26. of August I find that Fenwick went to St. Omers and there he was to attend the Provincial home and to give the Provincial an Account of the Proposal accepted by Sir George Wakeman but in July if your Lordships please to give me leave to go back again Strange comes to Town and falling in discourse about the Fire of London and the Rebuilding of it he very frankly told me how it was fired and how many of those concerned were seized and among the rest told me that the Duke of York's Guard as by his order did receive them and afterwards willing to discharge them which I forgot to mention before but upon review of my Papers I do find that it was told me his Guard did release the Prisoners that were taken as suspected about the Fire and that all the Order they had for it they pretended was from the Duke But now my Lords We return to August again Upon the 3. of August I find Ireland did pretend to go to St. Omers and a Letter came from him as directed from thence but we find by his Tryal and other things since that he went into Stafford shire and about the 12. of August as I remember he was here in Town The latter part of July I communicated with Dr. Tongue and gave him some particular account of Affairs I desired him to communicate it to some that might make it known to the King the King had notice the 13. of August or the 14. as I remember and by the 3. of September I was betray'd and was exposed to the vengeance of these men whose Contrivances I had thus discovered So my Intelligence did cease wholly the 8. of September Then was I forced to keep private and upon my Examination what Information I gave before the Lords and Commons I refer my self to them Lord High Steward My Lord Stafford will you ask him any Questions Lord Stafford No my Lord I am not at all concerned in his Evidence Lord High Steward You say you were betray'd can you tell how or which way you were betray'd Dr. Oats My Lord I will give this Honourable House what light I can in it but I desire then to be excused from my Oath for I can't speak it of my own
Lordship ask him any Questions my Lord Stafford Lord Stafford My Lord I never saw the man before in my life I will ask him one Question since he hath been pleased to swear against me Mr. Turbervile My Lords I had no reason but the truth to do it for I never received any injury from his Lordship in my life L. Stafford It seems I had ill luck to choose this man for an attempt to Kill the King who was such a Coward he ran away from his Colours and was to have been shot to death Mr. Turbervile Ask the Duke of Monmouth what Character he received of me L. Stafford He says in the year 75. he went from London to Doway and staid some time there and then came back to England I beseech your Lordships to ask him what time he went back to Paris L. H. Steward What time was it that you went back to Paris Mr. Turbervile Truly my Lord I cannot be punctual to a fortnight but I believe it was the beginning of June L. H. Steward What year Mr. Turbervile 75. Lord Stafford My Lords I would know who recommended him to me to go over with me into England Lord High Steward Who recommended you to my Lord Stafford to go into England Mr. Turbervile My Lords it was Father Sherborn who was then Prior of the Benedictine Monks in Paris and Father Nelson Sub-prior of those Monks and my Brother who is a Monk in the same Convent Lord High Steward He says that there were three persons that recommended him to your Lordship Lord Stafford I never saw them in my life Mr. Turbervile Your Lordship that says I was a Coward and run away from my Colours will say any thing Lord Stafford I not only say it but will prove it by two Witnesses Mr. Turbervile Do it if you can Lord Stafford He says in the beginning of June 75. he went into France I desire to know of him when it was he spoke to me Mr. Turbervile In November 75. Lord Stafford He says in November Mr. Turbervile Yes my Lord about the beginning of November L. Stafford I beseech your Lordship where was it he spoke to me L. H. Steward Turbervile where was it you spoke to my Lord Mr. Turbervile In Paris L. Stafford Whereabouts in Paris Mr. Turbervile It was the Corner-House of the Street which Street faces Luxenburgh House the Prince of Conde lodges on the right hand in that Street I take it to be so and you lodged at the Corner-House I think the Name of the Street was La Rue de Beaufort L. Stafford Which if the Prince of Conde did I will say no more Mr. Turbervile I cannot be upon my Oath in such cases but I think he does I take it so L. Stafford He says he was with me a fortnight what does he mean Mr. Turbervile I came to my Lord several times in the space of a fortnight L. Stafford I desire to know who brought him to me Mr. Turbervile Father Sherborn Father Nelson and my Brother Father Anthony Turbervile and sometimes I came alone L. H. Steward He says those three Fathers recommended him to your Lordship and he came himself several times Mr. Turbervile Yes my Lords it is true L. Stafford I beseech your Lordships did he come directly to my Chamber or where Mr. Turbervile Sometimes to my Lords Chamber and at other times I met him in a lower Room L. Stafford It concerns me much my Lords and though they be foolish Questions yet I hope your Lordships will pardon me if I ask them Where was this Discourse about killing the King L. H. Steward Was this Discourse in the Chamber or in the lower Room Mr. Turbervile In the lower Room L. Stafford He says I think that he hath been in my Chamber L. High Stew. Have you been in my Lords Chamber as well as in the lower Room Mr. Turbervile Yes my Lords I have L. Stafford What kind of Room is it Mr. Turbervile I cannot remember that L. Stafford No I dare sware you can't Mr. Turbervile I can't tell the particulars what Stools and Chairs were in the Room L. Stafford My Lords I have no more to say to him at present L. H. Stew. Mr. Turbervile How long have you been in England Mr. Turbervile I cannot answer punctually I have been in England near four years L. H. Stew. How came it to pass that you never discovered this sooner Mr. Turbervile I had no Faith to believe that I should be safe if I did it but my brains might be knocked out and that kept me off from doing that service which I might be better able to do if I did deser it L. H. Stew. How came you to discover it now Mr. Turbervile The Kings Proclamation and some Friends that have perswaded me I may do it with safety who will give your Lordships an account of it L. Stafford I desire he may attend when I make my defence Mr. Turbervile Yes I shall But I am sorry that his Lordship hath so ill a memory as to what passed between us I shall be very unwilling to do his Lordship or any body else any injury but I must tell the truth Sir Will. Jones My Lords We shall call no more Witnesses unless my Lord the Prisoner give us an occasion If he shall make any Objections to any of our Witnesses I hope we shall have liberty to call Witnesses to support them but we give over at present and expect his Lordships Answer L. Stafford May it please your Lorships I beseech your Lordships before I say any thing that I may know if they have any more Witnesses to examine Lord High Steward They say they will call no more Evidence unless your Lordships Answer do give them occasion to fortify their Witnesses you except against Lord Stafford My Lords it is now about two years that I have had the misfortune to be accused of this detestable Treason I have been several times in those two years a close prisoner that my Wife and Children were denyed to come neer me and hardly a Servant permitted to ask how I did but at the door of my Prison My Lords This was a great and an heavy affliction to me and my Lords it was so great an affliction to me that truly I did not know how to bear it 'T is true I had that comfort that I did hope I should soon come to my Tryal and before your Lordships make my innocency appear In order to which I did all I could having heard this Hall was provided for it and I did expect in a very few days to clear my self before your Lordships and all the World When I had settled my mind and did not foresee any greater affliction that could befall me I had on the sudden by some of my friends a sad Message sent me That the House of Commons had impeached me of High Treason My Lords I looked upon the House of Commons then as I do now as the great
serve him in case he shall need it Made at the Camp before Air this 4. of August 1676. Sheldon L. H. Steward What is the date of that Discharge Turbervill Mr. Turbervill 'T is in August 76. L. Stafford May I see it my Lords L. H. Stew. Yes deliver it to my Lord which was done and he looked upon it L. Stafford The thing looks like truth but there is no proof of it Mr. Turbervill The Seal is a little broke but the Name remains perfect L. Stafford He says here is a dismission from the Army in 76. how will that rectifie this mistake about 73. I understand not that Then the Court called for the Paper and it was looked upon by the Duke of Monmouth and some other Lords L. H. Stew. My Lord this Paper hath been looked upon the Hand is well known by those that should know it L. Stafford I do not say the contrary L. H. Stew. Whereabouts are you now my Lord then L. Stafford I am extreamly faint and weary that I am sure of This Gentleman told you yesterday that he spoke with me several times in France and that he was conversant with me for a fortnight together that he visited me and I proposed the Killing of the King to him and that he refused to give me an Answer then but told me he would give it me at Diep This he said yesterday as I remember And afterwards when he was gone down he came up again and desired to put your Lordships in mind of a particular Circumstance which he said he did remember That when he came to me I had the Gout and was in a lower Room of the House in such a Street which faced Luxenburgh House all which I stand not upon and that the Prince of Conde lived in the same Street on the left hand he said first and after on the right hand and after he knew not where and that I did lodge in the same Street Mr. Turbervill I did say I believed the Prince of Conde lived there but was not positive L. Stafford No but first he swears a thing and then only believes it Be pleased to call my Servants to know if ever I had my Foot ill of the Gout in my life Mr. Turbervill Your Lordship told me it was the Gout Lord Stafford If ever I put my Foot on a Stool or was lame there I will own all that he says But when a man swears his Evidence and goes down from the place and then invents and comes up again to tell new stories who shall believe such a man Mr. Turbervill I never went from the Bar. Lord Stafford I do say yâ—â— went down and had given all your Evidence and came up again and told this Circumstance I have not been lame not one moment these forty years and yet this Fellow this impudent Fellow to say that I was lame and put my Foot on a Stool He does not my Lords swear positively in any thing but this and this I can easily disprove in him L. H. Steward What say you to this particular Turbervill Had my Lord Stafford never the Gout while he was in France Mr. Turbervill He told me it was the Gout my Lords He had a great lameness he could not go from one place to another Here are several people to give Testimony that my Lord was lame within less time than he says Mr. Foley Hold hold Turbervill you must not give that Evidence now L. Stafford Call Nicholas Furnese again L. H. Steward What do you call him for L. Stafford Ask whether ever he saw Mr. Turbervill with me in France L. H. Stew. Were you with my Lord Stafford all the while he was in France Furnese Yes my Lords L. H. Stew. Did you never see Turbervill there Furnese No. L. H. Stew. Pray did you never see Father Anthony Turbervill there Furnese No my Lords I never heard of his Name L. Stafford Was I ever one moment lame while I was in France Furnese Not that I remember L. H. Stew. How long was my Lord there Furnese About three Months L. H. Stew. What time of the year Furnese At Paris in October and November in December at Rohan in January we came over into England L. Stafford Ask him if ever I put my Foot upon a Cushion or upon a Stool for lameness Lord. High Steward Mr. Turbervill did you ever see Furnese when you were in France Mr. Turbervill This Man my Lords L H. Stew. Yes Mr. Turbervill No not that I remember L. H. Stew. In what quality did you serve my Lord in France Furnese Furnese My Lords I waited on him in his Chamber L. H. Stew. Do you remember any other Servant of my Lords that you did see there Mr. Turbervill Truly my Lords I don't remember I might forget him Lord Stafford So I believe thou dost me too Mr. Turbervill Your Lordship that could call me Coward may say any thing L. Stafford You shall be as valiant as Hector if you will Pray call my other Boy Who stood up L. H. Stew. You little Boy were you all the while with my Lord that he was in France Leigh Yes my Lords L. H. Stew. Did you ever see Turbervill there Leigh No my Lords not that I know of L H. Stew. Had my Lord the Gout in France Leigh No nor never had since I have been with him L. H. Stew. That is six years Leigh Seven years almost my Lords L. H. Stew. Are you sure of that Leigh I am sure of it L. Stafford Now my Lords Mr. Turbervill says I writ him a Letter to Diep which Letter he can't find I beseech you what were the Contents of the Letter L. H. Stew. What were the Contents of the Letter my Lord sent you Mr. Turberv The Contents of the Letter were that I should not stay at Diep in expectation of him for he had appointed a Yatcht to come to Calice but I should make what haste I could to London and there I should meet with him L. Stafford I desire to ask whether I sent him word that Count Gramont came over with me Mr. Turbervill Yes my Lords to the best of my remembrance L. Stafford I shall now bring Witnesses that I did not come by Calice but by Diep and Count Gramont came not with me L. H. Stew. Mr. Turbervill which way came you from Diep or from Calice Mr. Turbervill From Diep my Lords L. Stafford And I came from Diep too L. H. Stew. My Lord came that way too he says Mr. Turbervill I know not of it he sent me word otherwise L. Stafford I shall now prove what I say pray call Mr. Wyborne VVho stood up L. H. Stew. What do you ask him my Lord L. Stafford Whether he did not see me at Diep and embark from thence for England Mr. VVyborne My Lords I will give you an Account as well as I can In the year 75. in December I had occasion to go over into France upon my own Concerns and
enquiring where there was a conveniency to go over I heard that a Yatcht was sending to Diep for my Lord Stafford and Mr. Henry Sidney His Majesties Envoy Extraordinary now in Holland I took that occasion and we weighed Anchor on Friday the 24. of December and it being foul weather and we being tossed long upon the Sea we did not come to an Anchor before Diep till Sunday was sevennight at Two a Clock in the Afternoon which was January 2. Then I came with the Captain immediately ashoar to enquire for my Lord and Mr. Sidney I enquired for my Lord and they told me he was at Rohan expecting to hear of the arrival of the Yatcht upon which the Captain desired me to write a Letter to my Lord and I did so upon sight of which Letter he came to Diep on Tuesday in the Afternoon which was as I take it the 4. of January and we were at the Bastile there then together when he came that evening and the next day I went on my own occasions to Paris and my Lord and Mr. Sidney did come over together in the Yatcht L. Stafford If you please I will call my two Servants again to this matter Lord. High Steward Call them my Lord. Then Furnese and Leigh stood up Lord High Steward Which way came my Lord Stafford out of France into England by Diep or by Calice Furnese By Diep L. H. Steward What say you Boy which way came my Lord Leigh By Diep my Lords L. H. Steward You came with him Leigh Yes we did L. H. Stew. My Lord The Question is not whether you came by Calice or no but whether you writ a Letter to him to Diep that you would go by Calice Lord Stafford He swore yesterday that I did come by Calice L. H. Stew. Do you say my Lord came by Calice Mr. Turbervill My Lords I had a Letter from his Lordship which he wrote to me that he would come by Calice L. Stafford He did not name the Letter yesterday nor is 't in the Information L. H. Stew. Read the Affidavit The Information of Edward Turbervill of Skerr in the County of Glamorgan Gent. WHo saith That being a younger Brother about the Year 1672 he became Gentleman Usher to the Lady Mary Molineaux Daughter to the Earl of Powis and by that means lived in the House of the said Earl about three Years and by serving and assisting at Mass there grew intimate with William Morgan Confessor to the said Earl and his Family who was a Jesuit and Rector over all the Jesuits in North-Wales Shropshire and Staffordshire And he during the three years time often heard the said Morgan tell the said Earl and his Lady that the Kingdom was in a high Fever and that nothing but Blood-letting could restore it to Health and then the Catholick Religion would flourish Whereunto the said Earl many times replied It was not yet time but he doâ—â—ted not but such means should be used in due time or words to that effect And he heard the Lady Powis tell the said Morgan and others publickly and privately That when Religion should be restored in England which she doubted not but would be in a very short time she would persuade her Husband to give 300 l. per annum for a Foundation to maintain a Nunnery and this Informant was persuaded by the Lady Powis and the said Morgan to become a Fryar the said Lady enâ—ouraging this Informant thereunto by saying that if he would follow his Studies and make himself capable she questioned not but he might shortly be made a Bishop by her Interest in England because upon Restauration of the Catholick Religion there would want People fit to make Bishops and to do the Business of the Church and thereupon she gave this Informant Ten Pounds to carry him to Doway where this Informant entred the Monastery and continued about three weeks and with much difficulty made his escape thence and returned for England for which the said Earl and his Lady and all the rest that encouraged him to go to the Monastery became his utter Enemies threatning to take away his Life and to get his Brother to disinherit him which last is compassed against him And Father Cudworth who was than Guardian of the Fryars at Doway some days before his escape thence told this Informant That if he should not persevere with them he should lose his life and friends And further added That this King should not last long and that his Successor should be wholly for their purpose And Father Cross Provincial of the Fryars told this Informant That had he been at Doway when this Informant made his escape thence he should never have come to England And this Informant finding himself friendless and in danger in England went to Paris where one of his Brothers is a Benedictine Monk who persuaded this Informant to return for England and in order thereunto about the latter end of November 1675. he was introduced into the acquaintance of the Lord Stafford that he might go for England with his Lordship and three weeks he attended his Lordship and had great access and freedom with his Lordship who gave him great assurances of his Favour and Interest to restore him to his Relations esteem again And said That he had a piece of service to propose to this Informant that would not only retrieve his Reputation with his own Relations but also oblige both them and their Party to make him happy as long he lived And this informant being desirous to embrace so happy an Opportunity was very inquisitive after the means but the said Lord Stafford being somewhat difficult to repose so great a Trust as he was to communicate to him exacted all the Obligations and Promises of secresie which this Informant gave his Lordship in the most solemn manner he could invent Then his Lordship laboured to make this Informant sensible of all the advantages that would accrue to this Informant and the Catholick Cause and then told this Informant in direct terms that he might make himself and the Nation happy by taking away the Life of the King of England who was a Heretick and consequently a Rebel against God Almighty Of which this Informant desired his Lordship to give him time to consider and told his Lordship that he would give him his Answer at Diep where his Lordship intended to ship for England and to take this Informant with him but this Informant going before to Diep the Lord Stafford went with Count Gramont by Calice and sent this Informant orders to go for England and to attend his Lordship at London but this Informant did not attend his Lordship at London but went into the French service and so avoided the Lord Stafford's further importunities in that Affair And this Informant further saith That one Remige a French woman and vehement Papist who married this Informants Brother lived with the Lady Powis all the time this Informant resided there
I hope your Lordships will not alter the form for I hope you will keep that great Maxim of your Noble Ancestors Nolumus Leges Angliae mutare and whether this be a Change of the Law or no I submit it to your Lordships A third thing is this Your Lordships do not think fit that my Counsel shall plead to that Point whether Words do amount to an Overt Act for hearing my Counsel to that likewise I do not pretend but I hope your Lordships will give me leave to say this I never heard that Words did amount to an Overt Act if your Lordships judge otherwise I submit but till then I hope it shall not conclude me There were some other Points which I did offer to your Lordships and I humbly beseech you to know whether my Counsel shall be heard to them 't is true one of them which was whether two Witnesses in several places did amount to a legal Testimony or no your Lordships did not declare one way or another If you say you acquiesce in the Opinion of the Judges I must submit but till Judgment is given I beseech your Lordships to give me leave to tell you my weak thoughts about it I did not hear what the Judges said all of them but as I apprehend they were all of one Opinion 'T is true one of them that spoke last I think it was Judge Atkins did say it did amount to a legal Testimony because else those Juries that have found some Guilty upon the same sort of Evidence should be perjured but if this were not so then upon the same grounds under your Lordships favour those Juries that acquitted some upon such Testimony were perjured but I must believe it to be otherwise till your Lordships have declared it as your Opinion for that reason will not hold for the same reason will be for the perjuring the one as for the perjuring the other And the same Juries for the most part tryed those that were found guilty and those that were acquitted Lord High Steward Is this all your Lordship will please to say Lord Stafford No my Lords if you would give me leave I would trouble you a little farther if it were an Offence I would not say a word My Lords I do conceive I am not concerned in the general Plot of the Papists for I am not proved to be so and whatsoever I may be in my self as I conceive or whatsoever there is of hearsay I hope your Lordships will not go upon that but upon what is proved Secundum allegata probata and that common Fame will condemn no man if it do then no man is safe but I must say there is not one word of proof offered that I am a Papist I hope my Lords I have cleared my self to your Lordships and made my Innocency appear by making appear the perjury of the Witnesses and the falshood of those things they said against me Against Dugdale I have proved it by two of his own Witnesses the one was Eld the woman that swore for him That he took up a Glass of Cyder and wished that it might be his Poyson if he knew any thing of the Plot the other was Whitby who says he had given my Lord Aston's Father warning long ago what a Knave he was So 't is clear for Dr. Oats I hope from his Contradictions against himself as well as Dugdale who does contradict himself at one time August at another time the latter end of August or the beginning of September And I hope your Lordships will give no credit to Oats's Testimony for he said before your Lordships he had declared all he knew 't is true I was then accused but not for having a Commission as he now swears and afterwards he accused the Queen so here is Oats against Oats and Dugdale against Dugdale and for Turbervill I have proved by his Affidavit first he swears one thing and then another and the truth of it is his Brother proved him false in his last Oath that it was 7â— and not 72. My Lords 'T is not my part to make any Question nor do I whether a Plot or no Plot for I am not concerned in it If what I shall say now be impertinent I humbly beg your Lordships pardon My Lords I have been by the most of my Friends at least every one that came to me particularly by my Wife and Daughter that is near me persuaded to tell all that I knew and I do here in the presence of Almighty God declare what I know to be true Lord High Steward What says my Lord Speak out Lord Stafford My Lords I do believe since the Reformation from the Church of Rome to what it is now Established the Church of England those of that Religion have had several wicked and ill Designs and Plots I do believe they had a Design in Queen Elizabeth's time Babbington's Plot that is a long time ago how far it was to take away the Queens Life I can't tell but a Plot it was I do believe there was another in her time called Earl of Westmorland's Plot wherein there was a Rebeâ—â—ion in the North for which some fled and some were Executed that was a very ill design As for those poysonings of her Saddle and the like I take them to be but stories In King James's time in the first year of his Reign there was a wicked Plot composed by Actors some of one Religion some of another there was my Lord Grey my Lord Cobham my Lord Brooke and others such they were condemned all of them some fled as Markham and Bainham those Lords and Sir Walter Rawleigh were Reprived and kept long in the Tower But Sir Walter Rawleigh was afterwards upon that same Judgment Beheaded and the Lords dyed in the Tower My Lords Next to that was the Execrable Treason that I spoke of at first the Gun-powder-Treason And I protest before Almighty God I did from my Infancy detest and abhor those men that were engaged in it and I do think and always did think the Wit of Man nor the Devils Malice can't invent an Excuse for it For the men concerned they all acknowledged it confessed it and beg'd pardon of the King and God and all good men for it that is all I shall say to that now My Lords Since his Majesties happy Restauration I do conceive and I think I may safely say it for you all know it he was gracious and good to all Dissentersd particularly to them of the Romish Church they had Connivance and Indulgence in their private Houses and I declare to your Lordships I did then say to some that were too open in their Worship that they did play foul in taking more Liberty upon them than was fitting for them too and that brought the misfortune upon me which I will not name My Lordâ— it was not long ago that your Lordships at your own Bar did allow all the Dissenters from the Church of England
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
Forreign Forces and to surprize seize and destroy His Majesties Navy Forts Magazines and places of strength within this Kingdom whereupon the Calamities of War Murders of Innocent Subjects Men Women and Children Burnings Rapines Devastations and other dreadful Miseries and Mischiefs must inevitably have ensued to the ruine and destruction of this Nation 5. And the said Conspirators have procured and accepted and delivered out several Instruments Commissions and Powers made and granted by or under the Pope or other Vnlawful and Vsurped Authority to raise and dispose of Men Moneys Arms and other things necessary for their wicked and traiterous Designs and namely a Commission for the said Henry Lord Arundel of Wardour to be Lord Chancellor of England another Commission to the said William Earl of Powis to be Lord Treasurer of England another Commission to the said John Lord Bellasis to be General of the Army to be raised another Commission to the said William Lord Petre to be Lieutenant General of the same Army and a Power for the said William Viscount Stafford to be Paymaster of the Army 6. That in order to encourage themselves in Prosecuting their said wicked Plots Conspiracies and Treasons and to hide and hinder the Discovery of the same and to secure themselves from Justice and Punishment the Conspirators aforesaid their Complices and Confederates have used many wicked and diabolical Practices viz. They did cause their Priests to Administer to the said Conspirators an Oath of Secrecy together with their Sacrament and also did cause their said Priests upon Confessions to give their Absolutions upon Condition that they should conceal the said Conspiracy And when about the Month of September last Sir Edmundbury Godfrey a Justice of Peace had according to the Duty of his Oath and Office taken several Examinations Informations concerning the said Conspiracy and Plot the said Conspirators or some of them by Advice Assent Counsel and Instigation of the rest did incite and procure divers Persons to lie in wait and pursue the said Sir Edmundbury Godfrey divers days with intent to Murder him which at last was perpetrated and effected by them for which said horrid Crimes and Offences Robert Green Henry Berry and Lawrence Hill have since been Attainted and Dominick Kelly and Girald and others are fled for the same After which Murder and before the Body was found or the Murder known to any but the Complices therein the said Persons falsly gave out that he was alive and privately Married And after the Body found dispersed a false and malitious Report That he had Murdered himself Which said Murther was committed with design to stifle and suppress the Evidence he had taken and had knowledge of and discourage and deter Magistrates and Others from Acting in further Discovery of the said Conspiracy and Plot For which end also the said Sir Edmundbury Godfrey while he was alive was by them their Complices and Favourers threatned and discouraged in his proceedings about the same 7. And of their further Malice they have wickedly contrived by many false Suggestions to lay the Imputation and Guilt of the aforesaid Horrid and Detestable Crimes upon the Protestants that so thereby they might escape the Punishments they have justly deserved and expose the Protestants to great Scandal and subject them to Persecution and Oppression in all Kingdoms and Countries where the Romish Religion is received and professed All which Treasons Crimes and Offences above mentioned were Contrived Committed Perpetrated Acted and done by the said William Earl of Powis William Viscount Stafford William Lord Petre Henry Lord Arundel of Wardour and John Lord Bellasis and other the Conspirators aforesaid against our Sovereign Lord the KING His Crown and Dignity and against the Laws and Sta tutes of this Kingdom Of all which Treasons Crimes and Offences the Knights Citizens and Burgesses in Parliament Assembled do in the Name of themselves and of all the Commons of England Impeach the said William Earl of Powis William Viscount Stafford William Lord Petre Henry Lord Arundel of Wardour and John Lord Bellasis and every of them And the said Commons by protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusations or Impeachments against the said William Earl of Powis William Viscount Stafford William Lord Petre Henry Lord Arundel of Wardour and John Lord Bellasis and every of them And also of replying to the Answers which they and every of them shall make to the Premises or any of them or to any other Accusation or Impeachment which shall be by them Exhibited as the cause according to Course and Proceedings of Parliament shall require do pray that the said William Earl of Powis William Viscount Stafford William Lord Petre Henry Lord Arundel of Wardour and John Lord Bellasis and every of them be put to Answer all and every the Premises And that such Proceedings Examinations Trials and Judgments may be upon them and every of them had and used as shall be agreeable to Lâ—v and Justice and Course of Parliament The Humble Answer of William Viscount of Stafford now Prisoner in His Majesties Tower of London to the Impeachment of High Treason and other high Crimes and Misdemeanors exhibited against him and others to the Right Honorable the Lords Spiritual and Temporal in Parliament by the Knights Citizens and Burgesses in Parliament assembled in the name of themselves and of the Commons of England THe said Viscount saving to himself all advantage and benefit of Exceptions to the generality incertainty and insufficiency of the said Impeachment most humbly beseeching their Lordships thereof to take due notice and thereunto at all times to have a just regard He answereth and saith That he is not Guilty of all or any of the Offences charged against him by the said Impeachment and for his Tryal humbly and willingly putteth himself upon his Peers no ways doubting but that by the Grace of God and their Lordships impartial Justice he shall make his Innocence appear All which he most humbly submitteth unto their Lordships further Consideration Stafford Lord High Steward Gentlemen of the House of Commons be pleased to proceed Then Mr. Serjeant Maynard one of the Committee appointed to manage the Evidence began as followeth My Lords MAy it please your Lordships By the Command of the House of Commons who have imposed upon Us this Task we are here to Prosecute this great Charge against the Prisoner the Lord at the Bar. My Lords There are two Parts that are in this great Charge there is a General which is the Subversion of the whole Nation the King Himself to be Murdered the Protestant Religion to be Suppressed War to be introduced and those other things that are expressed in the Articles This General is charged in particular upon this Lord And my Lords it was in consideration how far it was fit to meddle with this General at this particular Tryal For if this Lord be guilty of such Crimes it will
well as others and therefore desired me to go Sir Fr. Winn. Now it is out Sir W. Jones It was done like a Secretary L. H. Steward Had you ever that curiosity before Lydcott Yes I 'll assure your Lordships I had a great curiosity to hear it L. H. Stew. Were you at any other Tryal Lydcott Yes at the five Jesuits Tryal and Langhorns Then another Witness stood up L. H. Steward What is your Name Witness Charles Gifford L. Stafford Ask him whether he did not hear at the Tryal of the five Jesuits or Sir George Wakeman Dugdale say that he did communicate that Letter to some people I name not who the Tuesday after L. H. Stew. Were you at the Tryal of the Five Jesuits Gifford Yes my Lords L. H. Stew. Did you take Notes Gifford Yes my Lords I was summoned there as an Evidence I had occasion of being there both at the Five Jesuits Tryal and VVakemans and Langhorns L. H. Stew. You took Notes you say Gifford Yes I did L. H. Stew. What do you remember that Mr. Dugdale did then swear Gifford I remember at the Five Jesuits Tryals he did swear he received a Letter sent to Evers which he intercepted and it spoke of the death of a Justice of Peace and he returned Answer to Evers again he would be hanged if it did not spoil the business And he said farther he could not hold but went to an Ale-house and there he did impart it but then he did say there was one that could testifie and make out what he said upon which he called Mr. Chetwyn who deposed much to the same purpose And then at Sir George VVakemans Tryal he did positively declare that he spoke of it at an Alehouse to a Minister Parson Philips and my Lord Aston's Kinsman L. H. Steward What is his Name Gifford Mr. Sambidge L. Stafford Well my Lords I have no more to say to him but I conceive by this 't is plain that Dugdale did then say he had communicated it to Mr. Philips and Mr. Sambidge I shall call Mr. Sambidge to g ve you an account Mr. Sambidge stood up L. Stafford Be pleased to ask him whether he did hear Mr. Dugdale say on the Tuesday that Sir Edmundbury Godfrey was murdered the Saturday before L. H. Stew. You hear the Question answer it Mr. Sambidge Who must I speak to L. Stafford He is very deaf and very old my Lords Then the Black Rod was sent to be near him to put the Question to him Black Rod. What would you have hâ—m asked my Lord Lord Stafford Whether Mr. Dugdale did tell him on the Tuesday that Sir Edmundbury Godfrey was murdered the Saturday before Black Rod. Did Mr. Dugdale tell you of the Tuesday that Sir Edmundbury Godfrey was murdered the Saturday before Mr. Sambidge No my Lords he never told me any such thing I take it upon my salvation I never heard it till Friday or Saturday he was found at Bury hill Lord Stafford Ask him if he were with Dugdale at the Alehouse the Tuesday before Mr. Sambidge Dugdale never spoke any such thing to me L. H. Stew. Were not you with him at the Alehouse Mr. Sambidge No. L. H. Stew. Not on Munday Mr. Sambidge No. Lord H. Stew. Nor on Tuesday Mr. Sambidge No. L. H. Stew. Nor Wednesday Mr. Sambidge Not as I know of Sir W. Jones We shall prove he was L. Stafford Pray ask him what Reputation Dugdale hath in the Country Mr. Sambidge Oh the wickedst man that ever lived upon the face of the earth I know great part of it my self and a hundred and a hundred of people will say as much L. H. Stew. What Religion are you of Mr. Sambidge I was never a Papist in my life nor ever a Phanatick L. H. Stew. What do you know of Dugdale in particular that is ill Mr. Sambidge Yes my Lords I 'll tell you he was a very abusive man especially to the Clergy and most especially to Mr. Philips with whom I boarded My Lord Aston that is dead came and told me of it Said I You are misinformed for this Dugdale is a Knave a Rogue and all the Countrey ring of him for his wickedness upon which he cites me into Litchfield Court for defaming him and he entertains all the Proctors that I could not get one to put in my Answer but before the day came he discharged the Court and never appeared for we had that against him that he durst not appear L. H. Stew. What particulars do you know Mr. Sambidge He said the Clergy of England was a lewd Clergy and a pack of Rogues L. H. Steward Gentlemen of the House of Commons will you ask him any Question Managers No. L. H. Stew. Hath my Lord no more to say to him L. Staff No my Lords L. H. Stew. My Lord Stafford go on hath your Lordship done with Dugdale or have you any more Witnesses L. Staff No my Lords I have a great deal more to say to him L. H. Stew. Go on then L. Staff My Lords I conceive by this 't is proved to your Lordships that Dugdale did at that Tryal declare he had acquainted Mr. Sambidge and Mr. Philips with the Letter about the Death of Sir Edmundbury Godfrey the Tuesday after he was murdered And I conceive I have proved to your Lordships by their denying it that he did not tell them so and so he is forsworn in that I should now have humbly desired your Lordships that you will please to call William Day but upon asking the Question I find he is not yet come to Town and so I shall not trouble your Lordships with him I desire that Thomas Sawyer may be called again Who stood up L. Stafford Pray be pleased to ask him whether he did not hear Dugdale wish he might be damned if he knew any thing of the Plot. L. H. Stew. He said that before L. Stafford Then I beg your Lordships pardon I shall not call him again L. H. Stew. Go on my Lord. L. Stafford My Lords there are a great many other Witnesses which I could call but it is to no purpose and so I shall call no more as to Dugdale I conceive upon the whole matter his Reputation and Credit are gone for he is forsworn before the Justices of Peace in that he said there was no Plot and wished he might be damned if he knew of any Plot. I conceive 't is also proved that upon the Twentieth of September when he says I did communicate with him about the Kings Death he was only then with me upon his own desire and my servants were by there was nothing discoursed of but about the Foot-Race And likewise as to what he swore in August that I was at such a meeting at Tixal he is forsworn for I was not there and so I hope that Witness is laid aside no Creature will give any Credit to him neither your Lordships nor the House of Commons L. H. Stew.
Oates to produce it but yet in point of Evidence if he will not swear it to be a true Copy or give an account how he came by it we cannot allow it to be read L. H. Stew. My Lord Stafford 'T is you that want this Paper you desire to have the benefit of the Examination that was taken of Mr. Oates and therefore you must produce a Copy of it Lord Stafford My Lords I could never get it L. H. Stew. 'T is not entred in our Journal nor is it to be traced we know not where it is You have had time enough to look after it You are now offered by Oates himself a Copy that was given him for a true Copy though he can't swear by whom Are you content that shall be read if the Gentlemen will admit it Lord Stafford By what I guess of Dr. Oates I know him not he would not give in a Copy of an Examination unless it were true if it be true I know not what should hinder the reading of it but as far as concerns me I desire it may be read L. H. Stew. You do Consent and will you Gentlemen permit it Mr. Serjeant Maynard We do not know whence it comes we can't admit it unless Oates says 't is true Sir William Jones My Lords it hath been long in the Doctors possession he hath read it over he can't say 't is a true Copy but I desire to ask him whether all in that writing be true and whether he did swear what is in that writing L. H. Stew. If your Lordships please thus and you Gentlemen of the House of Commons The best way to have an answer to this Question is that it may be read de bene esse Sir Fran. Winn. Pray my Lords let him read it over to himself privately and then let us know whether he can swear the same things that are in that Paper which Dr. Oates began to do Dr. Oats Your Lordships ask only as to my Lord Stafford L. H. Stew. My Lord desires no more but pray read it over all and give your Answer to all for that Question may be will be asked in other Cases and 't is fit you should be provided for it which he did L. H. Stew. What say you Doctor Dr. Oats My Lords I do verily believe I did swear the Contents of that Paper L. Stafford My Lords I do not oppose the reading of that Paper but I have here a Copy of something in the Journal and do not stand upon my memory but I think upon the viewing of it now there is something in the Copies of the Journal Clerks We cannot find it L. Stafford Then read this Paper L. H. Steward Will you have this Copy of the Examination read or not L. Stafford Yes my Lords Clerk The Examination of Titus Oats Clerk taken before us L. H. Stew. When was that Clerk The 24. of October 1678. L. H. Steward That was read the 25. the next day in the House of Lords The Examination of Titus Oats Clerk taken by us the 24. of October 1678. THis Examinant saith That in the Month of May last this Examinant saw a Patent under the Seal of the Father general of the Society of Jesus at Rome called Johannes Paulus Oliva at the Chamber of Mr. Langhorn wherein it was expressed That by vertue of a Breve from the Pope he did Constitute the Lord Arundel of Wardour Lord High Chancellor of England which Patent was sent to the Lord Arundel of Wardour by a Messenger who was the Son of Mr. Langhorn And this Examinant saith That he saw a Letter subscribed by the Lord Arundell of Wardour as he believes wherein the Lord Arundel did acknowledge the receipt of the said Patent and accepted of the same and promised to answer the expectation of the Society This Examinant saith That in June last he saw the like Patent wherein the Lord Powis was Constituted Lord Treasurer of England which Patent was carried by one Parsons Secretary to the Lord Powis from one Saunders House in Wild-street to be delivered to the Lord Powis and at the delivery of the Patent 3001 was paid by Parsons to Fenwick and Ireland to carry on the design of the Jesuits which was to raise a Rebellion in the three Kingdoms and to destroy the King In the Month of July this Examinant saw a Letter subscribed Powis and directed to Fenwick wherein his Lordship did acknowledge the receipt of the said Patent and did accept of the same and said he had 300 Men and Horse ready for the Design and that his Lordship would venture his life and fortune in the Affair In the month of August last this Examinant saw a Letter directed to Mr. Langhorn by the outside but within to the Society of the Jesuits wherein Sir William Godolphin acknowledged he had received the like Patent to be Lord Privy Seal and had accepted thereof and in July 1677. this Examinant saw the same in the hands of the Archbishop of Tuam at Madrid in Spain This Examinant saith that in July last Mr. Coleman ackowledged and confessed to Fenwick in this Examinants presence that he had received the like Patent to be Secretary of State and that it was a good exchange This Examinant saith that in May June July and August last this Examinant saw several Letters signed Stafford whereby it appeared that the Lord Stafford was in this Conspiracy against His Majesty and that he had returned several Sums of Mony to the Jesuits to carry on the Design the Letters were directed to Fenwick and Ireland and in August last this Examinant saw another Letter directed to the same persons signed Stafford wherein my Lord writ that although he had sent his Son to Lisbon yet he would be ne'r the worse friend to the Jesuits and this Examinant conceiveth the Reason of that Letter was because there was then a difference between the English Colledge at Lisbon and the Jesuits in July last this Examinant saw in the hands of Fenwick a Commission directed to the Lord Bellasis from the person aforesaid to be Lord General of the Army to be raised in England against His Majesty and in July this Examinant saw a Letter from my Lord directed to Fenwick wherein his Lordship acknowledged the receipt of the Commission and thanked the Society for the same and that he accepted the same and would do what in him lay to answer their expectations In May last this Examminant saw a Patent in the hands of Mr. Langhorn to make my Lord Petres Lieutenant-General of the Army and in June last this Examinant did hear my Lord Petres in the presence of Mr. Longworth his Confessor acknowledge the receipt of the same and that he accepted thereof and his Confessor wished him much joy thereof Lord Stafford My Lords if this be owned for truth that he swore then I proceed upon the Evidence of that L. H. Stew. Without allowing it to be a true Copy Dr. Oats at
the Bar does swear what is said there is true Lord Stafford Then he says there he saw Letters signed by me to Fenwick and others I do humbly desire to know whether that be Evidence or no that a man says he saw Letters and does not say he knew them to be my hand nor what the Letters were in particular nothing that he did prove of it I must appeal to your Lordships to all my Lords to my Lord High Steward and the rest that were of the Council at that time whether Dr. Oats did not positively name some and left ne out at the Council Table And whether Dr. Oats did not say there was no Lord concerned in the Plot and whether some of my Lords did not say so and told some other Lords of it from whom I had it And in order to this desire Sir Philip Lloyd may be examined and if he did not know of my being in it then he hath since forsworn himself L. H. Stew. My Lord I know not where you are nor what you are about are you objecting against Oats upon any Evidence out of the Journal Lord Stafford My Lords I go upon this that hath been read L. H. Stew. Pray my Lord produce your Witnesses that did hear him say any thing and take your advantage of it Lord Stafford I call Sir Philip Lloyd L. H. Stew. Where is Sir Philip Lloyd L. Stafford My Lords I do not know I think he is here I hope he will come Then he appeared amongst the Members of the House of Commons and was called to the Bar amongst the other Witnesses and stood up L. H. Stew. What does your Lordship ask Sir Philip Lloyd L. Staff Whether he was not by when Dr. Oats was asked if there were any Lords concerned in the Plot and he said no and whether he did not tell me so a day or two before I was committed in the Pâ—inces Lodgings L. H. Stew. What say you Sir Philip â—loyd did you ever hear Dr. Oats deny upon his Oath that ever he heard of any Lords that were concerned in the Plot Sir Philip Lloyd My Lords Truly I cannot remember any such thing If my Lord put me in mind of any particular Circumstance or time I may recollect it I must confess I think I have heard such a thing rumor'd but I am so unfortunate I cannot remember any thing positively of it L. Stafford He did tell me so I am sure Sir Philip Lloyd Truly my Lords I would be glad to remember any thing to justifie the Truth but I can't remember this L. Stafford But whether it were so or no your Lordships that were of the Council can tell L. H. Steward My Lord I do not know Your Lordship cannot be refused if you press it to ask any of the Lords of the Council if they remember any such thing that did pass there but if I were there or in the Council I deal plainly with your Lordship I cannot say that there was any such thing said L. Stafford If there be any here that were there besides I desire they may be asked L. H. Stew. If your Lordship will call upon any other of my Lords that were there they will tell you Lord Stafford I do not know who were there I can't call them L. H. Stew. You may ask any of the Lords of the Council who were there that time Dr. Oats was examined Lord Marquess of Worcester My Lords I was not at the Council then but I heard it not there indeed but as a general Report abroad L. Stafford I desire my Lord Privy Seal may tell what he knows of it Lord Privy Seal What is it your Lordship would know of me L. Stafford Whether Oats did not say he had no more to accuse Lord Privy Seal Where my Lord L. Stafford At the Council Table Lord Privy Seal 'T is a very hard thing for me to charge my memory with all the Questions at an Examination we use to refer to the Examinations themselves I have seen some Examinations I wish all were so wherein the Questions are put down as well as the Answers and I cannot charge my memory that he said he had no more to accuse L. Staff I desire then all the Lords of the Council that are here to say whether or no he was not asked this Question particularly by my Lord Chancellor and I desire particularly his Lordship would say whether he can't remember it whether he had any thing to say against some Lords and he answered they were to know of it but God forbid he should accuse them L. H. Stew. When should that be L. Stafford My Lords I can't say the day for I was not in Town But I desire to ask whether you did not ask him upon the first Discovery of the Plot whether he had any thing to say against some Lords L. H. Stew. Do you desire to know whether I asked him this Question if he had any thing to say against some Lords L. Stafford I do not say positively your Lordship but whether that Question was not asked him L. H. Stew. Certainly I should never ask any such Question of any man alive I might ask in general of any Lord but not of some L. Stafford Some or other Lords it was L. H. Steward I don't remember it and 't is impossible for any man living to remember what Questions he did ask two or three years ago upon an Examination L. Stafford I desire I may have leave to ask the Earl of Berkley a Question L. H. Steward What is it you would ask him L. Stafford My Lords I humbly ask his Lordship whether he did not hear Dr. Oats say after he had accused some persons before the Council that he had no more to accuse Earl of Berkley My Lords I had the Honour to be of the Privy Council about the time of the Discovery of the Plot but I do not remember that I heard Dr. Oats say any such thing there L. Staff Or in the House of Lords for I may mistake And therefore I desire my Lord of Berkley would declare what he heard Dr. Oats say before the House of Lords Earl of Berkley Yes my Lords in the Lords House I will tell your Lordships what I remember My Lord Chancellor to the best of my remembrance did ask Dr. Oats at the Bar of the House this Question My Lords desire to know if you can accuse any other Person or Persons of what Quality soever and you are incouraged by their Lordships to Accuse them His Answer was My Lords I have no more to accuse in relation to England but in relation to Ireland I have L. H. Steward That was after he had accused your Lordship my Lord Stafford Sir W. Jones We pray my Lords we may have the favour to ask that very Honourable Lord at what time Dr. Oats said this for the satisfaction of those that are present Earl of Berkley My Lords it was after Dr. Oats had accused my
made intercession by Friends to my Sister and she told me that she gave him 7 l. to bear his Charges to Paris with that Proviso that he would never trouble them more L. H. Stew. But were they not angry with him Mr. J. Turbervill Here he is he cannot say they ever gave him an angry word in their days I 'm sure I never did L. H. Stew. Did you not forbid him the House Mr. J. Turbervill No. Mr. Edw. Turbervill These are people that take not the Oaths of Allegiance and Supremacy and therefore are not fit to be Witnesses L. Stafford Now your Lordships see what a Villain he is Mr. Serj. Maynard You must give good words my Lord for none but good words are given you Lord Stafford I must call them Villâ—ius or my self Traitor L. H. Steward You say they gave him 7 l. upon condition they should never see him more Mr. J. Turbervill I did not say my Sister said upon condition she would give him 7 l. he would never trouble us more it was his Declaration Lord Stafford One thing I wâ—â—ld ask Mr. Turbervill more and that is about this man's being disinherited Whether he could or whether he was Heir to any Estate or not L. H. Steward What say you to it Mr. J. Turbervill By all the Information of our Relations the Estate was made by my Grand-father to my Father for life and after my Fathers life to my Mothers and after my Mothers life to my Eldest Brother and the Heirs males of his Body and for want of such afterwards to me and the Heirs males of my Body and in case I had none then to my Fathers Brother and his Heirs males and if he had no Heirs males then after that to the right Heirs of the Grand-father This was before my time L. H. Stew. Well then that Remainder to the right Heirs might come to him and so there was some Estate for him to lose and that Remainder might be docked by the Tenant in Tail I would ask Was there any Recovery suffered to bar that Intail Mr. J. Turbervill Yes I think there was one upon my Brothers Marriage L. H. Stew. Mr. Turbervill Were you told you should be disinherited Mr. E. Turbervill Yes my Lords L. H. Stew. Who told you so Mr. E. Turbervill My eldest Brother L. H. Stew. What did he tell you Mr. E Turbervill He told me it should not come to me L. H. Stew. How should it come to you Mr. E. Turbervill I am not so good a Lawyer as to tell that whether it could or no but I thought by Succession Lord Stafford Then he says he came to serve my Lady Mullineux in 72. it may be it is so as he says I don't know it of my own knowledge but I pray he may answer whether it was in 71 or 72. Mr. J. Turbervill In January or February 71. Mr. Treby That is the beginning of the year 72 according to the Almanack L. Staff My Lords for the present I do not remember any thing more Oh yes my Lords he says he was at such a time at my Lord Powis's when my Lord Castlemain was at Powis-Castle which must be either in the year 72 73 or 74. Now I desire you would ask Mr. Lydcot whether my Lord Castlemain was there or could be there in any of those years Then Lydcot stood up L. H. Stew. What do you ask him my Lord Lord Stafford I desire to ask him whether in the year 72 73 or 74. which are the years Turbervill says he was at my Lord Powis's at Powis-Castle whether my Lord Castlemain was at Powis-Castle or could be there at that time L. H. Stew. Was my Lord Castlemain there in any of those years Lydcot My Lords I can prove he was not as much as I am capable of proving a Negative I was with him in the years 72 73 and 74. L. H. Steward Where Lydcot He was in England in 73. I was with him all the while and I am sure since I knew him he was never in Wales and I was never absent from him since I knew him which is nine years not four months in all I have travelled with him and been abroad with him L. H. Stew. Turbervill When do you say my Lord Castlemain was at Powis Castle Mr. Turbervill I think it was in the year 73. L. H. Stew. By what Token do you remember him there Mr. Turbervill He was arguing with my Lord Powis about Religion and several times he did so I believe it was in the year 73. L. H. Stew. What say you to that Lydcot I can assure your Lordships he was not there then I was always with him that year he had many times a design to go there but he could not but put it off and the last time he was there I can prove it was fifteen years ago L. H. Stew. I desire to know of you this Friend can you take it upon you to affirm upon the Faith of a Christian that you were never from my Lord Castlemain all the year 73 Lydcot I can give an account to half a week where he was And when I was absent from him it was beyond Sea and all that while I kept Correspondence with him every Post and received Letters from him constantly once a week dated from Liege This was in the time of my absence L. H. Stew. Were you at Liege when my Lord was in England or were you with him all the time that he was in England Lydcot My Lords I was with him all the time he was in England and was never absent from him all that compass of time but when he sent me into England from Liege L. H. Stew. Then he was at Liege himself Lydcot Yes my Lords L. H. Stew. Was that in the year 73 Lydcot Yes my Lords I was then in England But my Lords I can give you an whole account for my Lord and I never made any Journeys but I put them down L. H. Steward You say you can give a particular account of the whole year 73. even to the compass of four days in that year at most Lydcot No my Lords I do not say so but I say I can give an account of the whole time I have been with him within four months L. H. Stew. Were any of those months within the year 73 Lydcot No I was with him all the year 73. L. H. Stew. Will you take it upon you to say That every day in 73. you were with my Lord Lydcot Every day my Lords L. H. Stew. Every week Lydcot Yes I do not think but that I was My Lord did me the honour to make me as it were his Companion Mr. Serj. Maynard No you do your self the honour to make your self his Companion he made you his Servant L. H. Steward Come where are your Notes you pretend to speak by your Diary or your Journal let us hear a whole account of the year 73. for you come to testifie as if
you could give an account of every day Lydcot I did not think any Question of this Nature would come on the stage there is my Lords Steward can give a very good account of this by his Account Books which are all ready to be produced he can tell where my Lord was by laying out such and such moneys And 't is an hard thing to give a Testimony after so many years of a thing that we thought not would ever be a Question L. H. Steward Let us see your Notes Lydcot My Lords I will read it to your Lordships L. H. Steward When was this written Lydcot I took this out of another Book L. H. Steward When Lydcot Lately since Mr. Turbervill's Narrative came out Sir Will. Jones Oh I desire that may be observed L. Stafford If your Lordships please I desire that he may bring his Books Oh oh will not condemn me but Law and Justice I am not to be run down with Oh oh or what such impudent Villains as these say L. H. Stew. Read what you have there Lydcot From Liege we set forth to Paris January 1. 72. where we staid three weeks and arrived thence at London January 24. there we staid till May 73. and from thence we went to Liege again in June and from Liege we set forth to London in August and returned October the 3d. 73. L. H. Stew. Were you all the while between August and October in London Lydcot I am morally certain that I did not go from my Lord all that time L. H. Stew. Where were you after October Lydcot Which October if your Lordship please L. H. Stew. October 73. Lydcot At Liege for we returned to Liege at October the 3d. and then after this my Lord sent me into England I left him at Liege and from thence I set out for England and in January I returned to Liege which was the greatest part of time that I was ever absent from him L. H. Stew. And was he at Liege are you sure all that time from October to January Lydcot Yes except he fled For I sent Letters by the Foreign Post and received Letters by the Foreign Post every week And his Account-Books will speak it Sir W. Jones My Lords we desire to ask him one Question since he can give so exact an account whether my Lord Castlemain was in England 72 and how much of that year Lydcot Yes Sir W. Jones How many months of the year 72 was he in England Lydcot I read it before We arrived from Liege to London January 24. 72. and staid at London till May 73. L. H. Stew. But where was my Lord all the year 72 Lydcot Pray my Lords do you mean New stile or Old stile L. H. Steward When I speak of his being at London I mean the stile of the Countrey Sir William Jones Then under favour he speaks of the latter part of the year I desire to know whether my Lord for all the former part of the year was in England L. H. Stew. Where was my Lord in December 72. and in November before that and in all the year up backwards Lydcot My Lords I have told you the whole year L. H. Steward But where was my Lord from January 71. to January 72 Lydcot In 71. June 19. New stile we came to London and returned in September to Liege from Liege we set forth to Paris January 1. 72. and arrived at London January 24. L. H. Stew. He runs past the time Sir Will. Jones My Lords we ask him a plain Question but he does not answer it he slips over the time that we desire your Lordships to ask him about L. Stafford I beseech your Lordships that it may be made plain that there may nothing be said afterwards that it was not plain Lydcot Sir Do you propose any thing to me and I will answer it Sir Will. Jones Answer not us answer my Lords Lydcot I desire any body may peruse my Notes if they please L. H. Stew. Pray Sir answer the Question whichin very short terms is this where my Lord Castlemain was all the whole year 72. Lydcot Well my Lords I will I can but read it over again From Liege we set forth to Paris January 1. 72. L. H. Stew. Are not you a rare Fellow now Lydcot My Lords I understand it according to the stile of that Country when I am there and of this place when I am here L. H. Stew. Answer me according to our stile Lydcot This that I have written here in the Book out of which I took it hath been written ever since that time and I did not think I should er'e be called to account about it L. H. Stew. Begin January the 1st 71. Lydcot We went from Liege to Paris where we staid about a week or such a time and we arrived at London January 24. that is the Old stile and staid at London till May 8. 73. L. H. Stew. That is impossible for you ' scape a year and a half to together Lydcot My Lord was here in England in January L. H. Stew. You begin very gravely with January stylo veteri that you came from Liege and so January 24. stylo veteri you came to London Lydcot When I speak of any style I understand it according to the style of the Country L. H. Stew. But in your account what is become of all the time from January 71. to January 72. say and swear if you can where my Lord was all that time Lydcot He must be in London L. H. Stew. Can you take it upon your Oath that my Lord was in London from January 71. stylo veteri to May 73. stylo veteri Lydcot I cannot know how to count better than I have done L. Stafford Mr. Turbervill says my Lord Castlemain was in 73. at Powis-Castle I beseech your Lordships this man may be asked and that without any interruption where my Lord was that year Sir Will. Jones With your Lordships favour I must desire your Lordships to ask Mr. Turbervill whether he did say positively the year â—3 for if my Ears and my Notes do not fail me he said As he remembred and that is the reason why we ask about the year 72. Mr. Turbervill My Lords I do not say positively nor cannot which year it was Lydcot My Lords I do stand upon it that he was in London January 72. and went away May 73. L. H. Stew. What becomes of the mean time between January 71. and May 73 Lydcot My Lords I explain my self as well as I can L. H. Stew My Lord Stafford will you call any more Witnesses L. Stafford Yes my Lord. L. H. Stew. Call them then Earl of Shaftsbury My Lord High Steward I desire my Lord Stafford may be asked how many Witnesses my Lord hath more for it now grows late L. H. Steward My Lord I desire to know how many Witnesses you have more L. Stafford Three or four I can't well tell how many Lords Adjourn Adjourn
the least concerned of any I thought and I hoped it would prove so I can take all the Oaths in the world I said no more L. H. Stew. What else do you know Porter Only such things as these he hath often said Earl of Shaftsbury Pray my Lords ask him how came Turbervill to talk of Witnesses about the Plot. L. H. Stew. Upon what occasion came Turbervill to talk of these matters Porter It was only voluntary of himself it was speaking of my Lord Powis and the rest of the Lords in the Tower Earl of Shaftsbury My Lords I mean of his own being a Witness L. H. Stew. How came Turbervill to say he hoped God Almighty would never forsake him so far as to let him swear against innocent Persons he was never called to be a Witness Porter But my Lords some of his Friends did say they were fearful of him in regard he was reduced to poverty His Friends were fearful L. H. Stew. Who were fearful Porter His Brother and Sister Mr. Turbervill and his Wife L. H. Steward Did he take notice to you that they were afraid he would come in Porter Yes Mr. Turbervill did tell me himself that they heard he would come in L. H. Stew. Have you said all you have to say Porter My Lords that is all I have to say L. H. Stew. Then call another my Lord. L. Stafford Where is Mr. Yalden Who stood up L. H. Steward What is your Name Witness Yalden L. H. Stew. Your Christian Name Witness John L. H. Stew. What is your Profession Yalden A Barrester at Law L. H. Stew. How long have you been called to the Bar Yalden I was called to the Bar last Trinity Term 12 months L. H. Stew. What House are you of Yalden Grays-Inn L. H. Stew. Are you a Practiser Yalden Yes my Lords L. H. Steward What Religion are you of Yalden Of the Church of England L. H. Steward Well what can you say Yalden I am summoned to appear by Order of this House and I desire to know of my Lord what he is pleased to examine me about L. Staff What Mr. Turbervill hath said in his hearing about the Plot. L. H. Stew. What Discourse hath passed between you and Turbervill about the Plot Yalden My Lords in February or March last I was walking in Grays-Inn-Walks with Mr. Turbervill and Mr. Powell and he dined with me a day or two after and there Mr. Turbervill and I were talking of the Distractions of the Times how Trade was ruined how the whole Kingdom was out of order and he was a little touched at some things and cryed out Go Dam me now there is no Trade good but that of a Discoverer but the Devil take the Duke of York Monmouth Plot and all for I know nothing of it L. H. Stew. That is odd that he should say it was a good Trade to be a Discoverer and at the same time say he knew nothing of the Plot. Yalden This I understood to be his meaning he cursed himself and them because he knew nothing of the Plot to discover for he would have got money by it as I understood as well as others Mr. Turbervill My Lords Mr. Yalden did declare yesterday he was summoned in by my Lord Stafford the last night and that he had nothing to say but what was by Hear say Mr. Yalden My Lords I do declare what I say is true and yesterday Mr. Powell gave me a Caution to take heed what I did and swore by God it would else be the worse for me L. H. Steward Who did Yalden Mr. Powell L. H. Steward Who is that Yalden Mr. Turbervill's Friend And I said I do not appear here as a voluntary Evidence but by an Order of the House of Lords I do not know what weight my Evidence may have for I can say nothing but what I heard him say and so perhaps it will be taken but for an Hear-say Mr. Turbervill You said you knew nothing but by Hear-say L. H. Stew. Will you ask him any Questions Gentlemen Managers No my Lords L. Stafford My Lords I shall not trouble your Lordships with any more Witnesses as to these Points I have here a Copy of the Warrant for the Yaught to go to Diep and if there be any Question whether I did come over from Diep at Christmas 75. if you please the Book may be searched L. H. Stew. My Lord it is all lost for I hear not one word L. Stafford I say my Lords if it be fit to trouble your Lordships with it I can prove that I did come over in the Yaught from Diep at Christmas 75. Here is the Copy of the Warrant for it to go for me And whether you will have it proved that I did come over thence I submit to you L. H. Steward I suppose that is fully proved already that you did come by Diep Managers We do not deny it L. H. Stew. You do not stand upon it Gentlemen do you Managers No no my Lords L. H. Stew. 'T is admitted to you my Lord. L. Stafford My Lords when I went from your Lordships Bar last night I had no thoughts of examining any Witnesss but what I have already done But my Lords since I was here there hath something happened about which I desire Dr. Oats may be called again I shall give you the reason why I move it afterwards upon something I heard yesternight L. H. Stew. Call Dr. Oats again Who appeared and stood up L. H. Steward My Lord what does your Lordship call him for L. Stafford He did say that he being a Minister of the Church of England did seemingly go over to the Church of Rome or some such words I desire he may answer that first L. H. Steward What say you Dr. Oats Yes I did say I did but seemingly go over L. Stafford I desire to know whether he was really a Papist or did but pretend Dr. Oats I did only pretend I was not really one I declare it L. H. Stew. What do you make of that L. Stafford I desire to know how long Dr. Oats was in Spain Dr. Oats My Lords I came into Spain in May and I came home again in November L. H. Steward That is six months L. Stafford He is called Dr. Oats I beseech your Lordships to ask him whether he were a Doctor made at the Universities here or abroad Dr. Oats My Lords if your Lordships please any matter that is before your Lordships I will answer to it but I hope your Lordships will not call me to account for all the Actions of my life whatever Evidence is before your Lordships I will justifie L. H. Stew. The Doctor hath never taken it upon his Oath that he was a Doctor and why do you ask it L. Stafford He is called a Doctor and I would know whether he did never declare upon his Oath that he took the Degree at Salamanca Dr. Oats My Lords I am not ashamed of any thing I
apparent by these Instances that such is the frantick Zeal of some Bigotted Papists that they resolve No means to advance the Catholick Cause shall be left unattempted though it be by Fire and Sword My Lord As the Plot in General is most manifest so your Lordships part in it hath been too too plain What you did at Paris and continued to do at Tixal in Staffordshire shews a settled purpose of mind against the King and what you said at London touching Honest Will shews you were acquainted with that Conspiracy against the Kings Life which was carrying on here too And in all this there was a great Degree of Malice for your Lordship at one time called the King Heretick and Traytor to God and at another time you revil'd him for misplacing his Bounty and rewarding none but Traytors and Rebels And thus you see that which the Wise man forewarn'd you of is come upon you Curse not the King no not in thy heart for the Birds of the Air shall reveal and that which hath wings will declare the matter Three things I shall presume to recommend to your Lordships consideration In the first place Your Lordship now sees how it hath pleased God to leave you so far to your self that you are fallen into the snare and into the pit into that very pit which you were digging for others Consider therefore that God Almighty never yet left any man who did not first leave him In the next place Think a little better of it than hitherto you have done what kind of Religion that is in which the Blind Guides have been able to lead you on into so much ruin and destruction as is now like to befall you In the last place I pray your Lordship to consider That true Repentance is never too late A devout penitential sorrow joyn'd with an humble and hearty Confession is of mighty power and efficacy both with God and man There have been some of late who have refus'd to give God the Glory of his Justice by acknowledging the Crimes for which they were condemned nay who have been taught to believe that 't is a mortal Sin to confess that Crime in publick for which they have been absolv'd in private and so have not dar'd to give God that Glory which otherwise they would have done God forbid your Lordship should rest upon Forms God forbid your Lordship should be found among the number of those poor mistaken souls whom the first thing that undeceives is Death it self Perhaps your Lordship may not much esteem the Prayers of those whom you have long been taught to miscal Hereticks But whether you do or no I am to assure your Lordship That all my Lords here even they that have condemned you will never cease to pray for you that the end of your life may be Christian and Pious how Tragical soever the means are that must bring you thither And now my Lord this is the last time that I can call you My Lord for the next words I am to speak will Attaint you The Judgment of the Law is and this Court doth Award That YOU go to the place from whence you came from thence you must be drawn upon a Hurdle to the place of Execution When you come there you must be hang'd by the Neck but not till you are dead for you must be cut down alive your Privy-Members must be cut off and your Bowels ript up before your Face and thrown into the Fire Then your Head must be severed from your Body and your Body divided into four Quarters and these must be at the disposal of the King And God Almighty be merciful to your Soul Prisoner My Lords I humbly beseech you give me leave to speak a few words I do give your Lordships hearty Thanks for all your Favours to me I do here in the presence of God Almighty declare I have no Malice in my Heart to them that have condemned me I know not who they are nor desire to know I forgive them all and beseech your Lordships all to pray for me My Lords I have one humble Request to make to your Lordships and that is my Lords That the little short time I have to live a Prisoner I may not be a close Prisoner as I have been of late but that Mr. Lieutenant may have an Order that my Wife and Children and Friends may come at me I do humbly beg this Favour of your Lordships which I hope you will be pleased to give me Lord High Steward My Lord Stafford I believe I may with my Lords leave tell you one thing further That my Lords as they proceed with Rigour of Justice so they proceed with all the Mercy and Compassion that may be And therefore my Lords will be humble Suitors to the King that He will remit all the Punishment but the taking off your Head Prisoner Weeping My Lords your Justice does not make me cry but your Goodness Then the Lord High Steward broke his Staff and the Lords adjourned into the Parliament Chamber and the Commons returned to their House and the Prisoner with the Ax born before him with the Edg towards him it being carried contrarily during his Trial was sent back to the Tower His Majesty afterwards ordered the Lord High Chancellor to issue out under the Great Seal of England the following Writs for Executing the said late Viscount Stafford the first being to the Lieutenant of the Tower to deliver him on the Twenty ninth of December 1680. between Nine and Eleven a Clock in the Forenoon at the usual place without the Tower-Gate to the Sheriffs of London and Middlesex and the other being for them then and there to receive him into their Custody and to lead him to the usual place upon Tower-Hill and there to cause his Head to be cut off and severed from his Body Which Writs were in Form following CAROLUS Secundus Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Locumtenenti Turris nostrae London salutem Cum Willus Vicecomes Stafford per Communes Regni nostri Angliae in Parliamento assemblat ' de alta proditione necnon diversis aliis criminibus offensis per ipsum perpetrat ' commissis impetit ' fuit Ac superinde per Dominos Temporales in praesenti Parliamento nostro convent ' triat ' convict ' debita juris forma attinct ' fuit morti adjucat ' existit Cujus quidem Judicii executio adhuc restat facienda Cumque praedictus Vicecomes Stafford in Turri nostra London sub custodia tua detent ' existit Precipimus tibi per presentes firmiter injungendo mandamus quod in super vicesimum nonum diem instantis mensis Decembris inter horas nonam undecimam ante Meridiem ejusdem diei ipsum Vicecomitem Stafford usque locum usualem extra portam Turris predictae ducas ac ipsum Vicecomitibus Civitatis nostrae London Middlesex adtunc
Representative Body of the Commons of England and I confess my Lords to be accused by them was a load especially being added to what lay before upon me more especially to my â—eak Body and weaker mind that I was so afflicted with it and have so continued that I am scarce able to bear up under it For I look upon the House of Commons as the great and worthy Patriots of this Kingdom I ever held them so and I hold them so still My Lords These things being such great afflictions to me and some other accidents which I shall not trouble your Lordships with the telling you of have so much disordered my sense and reason which before was little that I scarce know how to clear my self to your â—ordships as I ought to do or which way to go about the doing of it therefore I do with all humility beg your Lordships pardon if I say any thing that may give an offence or urge that which may not be to the purpose All which I desire you would be pleased to attribute to the true Cause my want of understanding not of innocency or a desire to make it appear My Lords These Gentlemen the Managers of the House of Commons who are great and able men some I am sure if not all of them very well read and have understanding in the Law have set forth to your Lordships Treason in an horrid shape but I confeâ—s my Lords if they had made it never so much worse it cannot be so horrid as I have often fancied it my self for my Lords I do and did ever hold Treason to be the greatest sin in the World and I cannot use words enough to express it and therefore I hope you will give me leave to clear my self of it and I shall give you one Notion of it which I heard at your Lordships Bar some years ago where you were pleased to here several people of several perswasions give you some reason why Liberty of Conscience should be allowed them And I remember one of them an Anabaptiâ—t I think did tell you that they held Treason to be the sin of Witchcraft and so do â— And next to Treason I hold Murder to be the worst sin But the Murder of the King I looked upon to be so above all others that it is not to be expressed by words My Lords I have heard very much of a thing that was named by these Gentlemen of the House of Commons and that very properly too to wit of the Gun-powder Treason My Lords I was not born then but some years after I heard very much Discourse of it and very various Reports and I made a particular inquiry perhaps more than any one person did else both of my Father who was aâ—ive then and my Uncle and others and I am satisfied and do clearly believe by the Evidence I have received That that thing called the Gun-powder Treason was a wicked and horrid Design among the rest of some of the Jesuits and I think the malice of the Jesuits or the Wit of man cannot offer an excuse for it it was so execrable a thing Besides my Lords I was acquainted with one of them that was concerned in it who had his pardon and lived many years after I discoursed with him about it and he confessed it and said he was sorry for it then and I here declare to your Lordships that I never heard any one of the Churâ—h of Rome speak a good word of it it was so horrid a thing that it cannot be expressed nor excused And God Almighty shewed his Judgments upon them for their wickedness for hardly any of the Persons or their Posterity are left that were concâ—rned in it and even a very great Family too that had collaterally something to do in it is in the Male line extinct totally and I do think God Almighty always shews his Judgments upon such vile Actions And I have been told all those persons that were engaged in this wicked Act were all heartily sorry for it and repented of it before they died without which I am sure there is no Salvation And therefore I think it was not the Interest of Religion but a private Interest put them upon it My Lords As to the Doctrine of King-killing and Absolving persons from their Allegiance I cannot say the Church of Rome does not hold it I never heard it did hold it it may be it does it may be not I say not one thing or other but my Lords there was an English Colledge of Priests at Rhemes that translated the Bible and printed it with Authority according to their Translation and in their Annotations upon the fourteenth Chapter of the Epistle to the Romans they do declare their dislike and detestation of that Opinion They say all Subjects ought to obey their Kings as the 〈◊〉 mitive Christians did the Heathen Princes of the Empire and the learned Doctors of the Colledge of Sorbonne did upon an occasion administred to them about that Opinion declare the mistakes that were in it and owned it to be a damnable Principle My Lords I have an Authentical Copy of that Decree of the Sorbonists whether it be here or no I can't tell Yes here it is which does declare that a damnable Position and there is lately come out a Book written by a Priest of the Church of Rome tryed for his life for being in the Plot but acquitted of that in which he says that that Opinion of killing Kings is damnable and herettical and declared so by the Council of Trent My Lords This gives me occasion to believe that the Church of Rome holds it not I do not say that it does not but some particular persons do abhor it which are great in that Church and which weighs far with me but that which further most of all confirms me in my ill Opinion of it is the words of our Saviour when not only he commands us to give unto Caesar the things that are Caesars but asserts our Obedience to our Governours in many other passages of the Holy Scripture and what I find there the whole World is not able to alter my Opinion of I do assure your Lordships in the presence of Almighty God That I do extreamly admire when I hear of any thing like it and I did read with great horror what I found the other day in the Gazette of some imprudent people in Scotland and of their wicked Principles and Practices My Lords I do in the presence of Almighty God who knows and sees all things and of his Angels which are continually about us and of your Lordships who are my Peers and Judges solemnly profess and declare that I hate and detest any such Opinion as I do damnation to my self And I cannot be more desirous of Salvation to my self than I am cordial in hating this Opinion My Lords I know no person upon Earth nor all the persons in the world put together nor all the Power