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

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Rabble Lord High Steward Is it your Lordships pleasure to Adjourn Lords Ay Ay. Lord High Steward Then this House is Adjourned to the Parliament Chamber Then the Lords withdrew in their former Order and the Committee of Commons went back to their House Mr. Speaker resumed the Chair A Message was sent from the Lords by Sir Timothy Baldwyn and Sir Samuel Clarke Mr. Speaker The Lords have commanded us to acquaint this House that they have appointed William Viscount Stafford to be brought to the Bar in Westminster-Hall to morrow morning at Ten of the Clock to receive Judgment The Commons Adjourned to Eight of the Clock the next Morning The Seventh Day Tuesday December 7. 1680. ABout the hour of Eleven the Lords Adjourned into Westminster-Hall going thither in their former Order into the Court there erected and Mr. Speaker having left the Chair the Committee of Commons were seated as before The Lords being sate Proclamation was made for Silence and the Lord High Steward being seated on the Wool-pack with Garter Principal King of Arms the Usher of the Black Rod Nine Maces attending him with all the rest of the Solemnity as was at first expressed took the Votes of the Peers upon the Evidence beginning at the Puisne Baron and so upwards in this Order the Lord Stafford being as the Law requires absent Lord High Steward My Lords I am an humble Suitor to your Lordships That you will give me leave to collect your Votes as I sit for I am not able to stand Which being granted the Lord High Steward proceeded Lord High Steward My Lord Butler of Weston Is William Lord Viscount Stafford Guilty of the Treason whereof he stands Impeached or Not Guilty Lord Butler Not Guilty upon my Honour The same Question was put to the rest whose Names and Votes follow Lord Arundel of Trerice Not Guilty upon my Honour Lord Crewe Guilty upon my Honour Lord Cornwallis Guilty upon my Honour Lord Holles Not Guilty upon my Honour Lord Wootton Not Guilty upon my Honour Lord Rockingham Guilty upon my Honour Lord Lucas Not Guilty upon my Honour Lord Astley Guilty upon my Honour Lord Ward Not Guilty upon my Honour Lord Byron Not Guilty upon my Honour Lord Hatton Not Guilty upon my Honour Lord Leigh Guilty upon my Honour Lord Herbert of Cherbury Guilty upon my Honour Lord Howard of Escrick Guilty upon my Honour Lord Maynard Guilty upon my Honour Lord Lovelace Guilty upon my Honour Lord Deincourt Not Guilty upon my Honour Lord Grey of Wark Guilty upon my Honour Lord Brook Guilty upon my Honour Lord Norreys Not Guilty upon my Honour Lord Chandos Guilty upon my Honour Lord North and Grey Guilty upon my Honour Lord Pagett Guilty upon my Honour Lord Wharton Guilty upon my Honour Lord Eure. Guilty upon my Honour Lord Cromwell Guilty upon my Honour Lord Windsor Not Guilty upon my Honour Lord Conyers Guilty upon my Honour Lord Ferrers Not Guilty upon my Honour Lord Morley Not Guilty upon my Honour Lord Mowbray Not Guilty upon my Honour Lord Viscount Newport Guilty upon my Honour Lord Viscount Faulconberge Guilty upon my Honour Earl of Conway Guilty upon my Honour Earl of Berkley Not Guilty upon my Honour Earl of Maslesfield Guilty upon my Honour Earl of Hallifax Not Guilty upon my Honour Earl of Feversham Not Guilty upon my Honour Earl of Sussex Guilty upon my Honour Earl of Guilford Guilty upon my Honour Earl of Shaftsbury Guilty upon my Honour Earl of Burlington Guilty upon my Honour Earl of Ailesbury Not Guilty upon my Honour Earl of Craven Not Guilty upon my Honour Earl of Carlisle Guilty upon my Honour Earl of Bath Not Guilty upon my Honour Earl of Essex Guilty upon my Honour Earl of Clarendon Not Guilty upon my Honour Earl of St Albans Not Guilty upon my Honour Earl of Scarsdale Guilty upon my Honour Earl of Sunderland Guilty upon my Honour Earl of Thanet Not Guilty upon my Honour Earl of Chesterfield Not Guilty upon my Honour Earl of Carnarvan Not Guilty upon my Honour Earl of Winchelsea Guilty upon my Honour Earl of Stamford Guilty upon my Honour Earl of Peterborough Not Guilty upon my Honour Earl Rivers Guilty upon my Honour Earl of Mulgrave Guilty upon my Honour Earl of Barkshire Guilty upon my Honour Earl of Manchester Guilty upon my Honour Earl of Westmorland Guilty upon my Honour Earl of Clare Guilty upon my Honour Earl of Bristol Guilty upon my Honour Earl of Denbigh Not Guilty upon my Honour Earl of Northampton Guilty upon my Honour Earl of Leicester Guilty upon my Honour Earl of Bridgwater Guilty upon my Honour Earl of Salisbury Guilty upon my Honour Earl of Suffolk Guilty upon my Honour Earl of Bedford Guilty upon my Honour Earl of Huntingdon Guilty upon my Honour Earl of Rutland Not Guilty upon my Honour Earl of Kent Guilty upon my Honour Earl of Oxford Guilty upon my Honour Lord Chamberlain Not Guilty upon my Honour Marquess of Worcester Not Guilty upon my Honour Duke of Newcastle Not Guilty upon my Honour Duke of Monmouth Guilty upon my Honour Duke of Albemarle Guilty upon my Honour Duke of Buckingham Guilty upon my Honour Lord Privy-Seal Guilty upon my Honour Lord President Guilty upon my Honour Lord High Steward Guilty upon my Honour Prince Rupert Duke of Cumberland Guilty upon my Honour Lord High Steward My Lords upon telling your Votes I find there are Thirty one of my Lords that think the Prisoner Not Guilty and Fifty five that have found him Guilty Serjeant make Proclamation for the Lieutenant of the Tower to bring his Prisoner to the Bar. which was done and his Lordship came to the Bar. Lord High Steward My Lord Stafford I have but heavy tidings for you your Lordship hath been Impeached of High-Treason you have pleaded Not Guilty my Lords have heard your Defence and have considered of the Evidence and their Lordships do find you Guilty of the Treason whereof you are Impeached Lord Stafford Gods Holy Name be praised my Lords for it Lord High Steward What can your Lordship say for your self why Judgment of Death should not be given upon you according to the Law Lord Stafford My Lords I have very little to say I confess I am surprized at it for I did not expect it but Gods will be done and your Lordships I will not murmur at it God forgive those that have sworn falsly against me My Lords I conceive I have something to say for respit of Judgment I have been at many Tryals in my Life but I never saw any Tryal where the party tried did not hold up his Hand which I was never asked to do I thought it had been a very material point in the Law That by the holding up of the Hand he might be known to be the Person I have read lately since I had the misfortune to be thus accused Sir Edward Coke upon the Pleas of the Crown and he says that Misnomer the not giving a man
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 P●inces Lodgings L. H. Stew. What say you Sir Philip ●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
I do not think we shall need to trouble your Lordships more with this matter that my Lord was lame sometime he is pleased to confess One Witness says that he put his Foot on a Cushion my Lord does not acknowledge that L. Stafford I was never lame at Paris Sir VVill. Jones That a man that is lame does sometimes ease his Foot is no hard Consequence I think L. Stafford I deny I was lame then I walked about the streets of Paris I desire I may not be misunderstood Sir VVill. Jones I must then desire under his Lordships favour if he will not acknowledge it to be within seven years that we may prove it and falsifie his Witness the Page L. Stafford I have gone with a stick to the House I acknowledge it and been lame with weariness Sir Fr. VVinn The Objection went to the Credit of our Witness and therefore we desire to answer it my Lord was not lame as he says for so many years but if we prove that within less time my Lord hath been lame it will take off that Objection from our Witness And we desire a Noble Lord or two of this House may testifie what they know And first the Earl of Stamford who was sworn Earl of Stamford My Lords I think I have not had the honour to sit in this House much above seven years but long since that time I have seen my Lord Stafford come lame into the House of Peers and that is all I can say L. Stafford I have come lame with a stick to the House I say Sir Fr. Winn. My Lords we desire that Noble Lord my Lord Lovelace may be sworn which was done Lord Lovelace My Lords the Account that I can give your Lordships is this I cannot ascertain any time but I am sure and I do declare it upon my Honour and the Oath I have taken that I have seen my Lord Stafford lame in the House of Lords within less than this seven years L. Stafford If he goes home to the Tower he may see me lame but never put my Foot upon a stool Sir Will. Jones My Lords your Lordships will be pleased to remember we did call a Witness one Thomas Launder and the account we had of him was he was gone sick from the Bar he was very sick indeed but being just now brought we desire he may be heard though it be out of time we call him to the Reputation of Holt. Thomas Launder was sworn Sir John Trevor Do you declare to my Lords whether you know Samuel Holt Launder Yes my Lords I do L. H. Steward What do you know of him Launder He is a Smith my Lords L. H. Steward What Reputation is he of Launder Indifferent my Lords Sir William Jones What do you mean by that good or bad speak plainly Launder A Drunken Sot a man that will Drink and Rant and Tear the Ground and sing two or three days or a week together and lose his time Sir Fr. Winn. I would ask this man whether he was summoned as a Witness upon any Tryal in relation to the Plot L. H. Stew. Were you ever summon'd as a Witness about the Plot Launder My Lords I was summon'd concerning my Lord Aston's Tryal and I came up with my Lord Aston's people as an Evidence Sir W. Jones Had you any offer of money and what sum Launder Yes my Lords Sir Fr. Winn. Acquaint my Lords with it L. H. Stew. Who offered it you and when and for what Sir Will. Jones For what was that money offered you Launder The money was not absolutely offered me but I was to have an Horse to ride on and money in my Pocket if I could take off James Ansel Dugdale's Evidence L. H. Stew. Who came and offered it to you Launder I was sent for by Mr. Fox to Tixal Hall and there was my old Lords Brother for one and Mr. Thomas Aston that is this young Lords Brother and Mr. Francis Aston who is my Lords eldest Son were in a Room together and this Thomas Sawyer that was here and more were in the Room when they promised all these things L. H. Steward If you would do what Launder If I would take my Oath that this James Ansell was a Perjured Rogue L. H. Stew. Did all they make you this promise Launder Yes my Lords Mr. Fotey It was a Consult together about taking off the Evidence Sir Will Jones My Lords we have done with our Witnesses if my Lord Stafford please to conclude we are ready to do so too L. Stafford What should I conclude about those Witnesses you have now brought in Sir W. Jones Your Lordship may please to conclude your Evidence we are ready to conclude on our part L. Stafford These new Witnesses must I say what I can say against them presently I cannot do it I know very few of them L. H. Steward Have you any Witnesses here my Lord L. Stafford I cannot possibly have any For I did not know nor guess these people would be brought against me They are persons I know nothing of Ansell I have seen four or five times I may have seen the rest but I do not know them to be able to give an accompt of them L. H. Stew. If you have any Witnesses here to support the credit of your own Witnesses that have been impeached you may call them L. Stafford I have none my Lords L. H. Stew. Will your Lordship recapitulate the material parts of your Defence that the Process may be closed L. Stafford I am very unready for it my Lords Let me ask Mr. VVhitby a Question if I must have no more time Mr. Whitby stood up L. H. Stew. There he is what would your Lordship have with him L. Stafford I do not know the Gentleman Mr. VVhitby Nor I your Lordship Lord Stafford I ask him upon the Oath he hath taken I know he will speak truth whether he did not some years ago tell my Lord Aston that is dead this Lord's Father That Dugdale was a Knave and persuaded him to turn him away I say not it is true but I have heard so and desired him to tell his Son so that he might quit himself of him L. H. Steward What say you Mr. VVhitby Mr. VVhitby My Lords about three or four years ago my Lord Aston that is dead I believe it may be two years last April sent for me to dine with him and when I came thither he told me says he Mr. VVhitby I have sent to you to acquaint you with a thing but I do not believe it before I tell it you What is it said I said he Stephen Dugdale hath acquainted me that you have employed persons upon the Water to destroy my Water said I my Lord I never endeavoured it he said he did believe me then I told my Lord said I Mr. Dugdale is a dishonour to the Family upon this accompt because many times people come for money and he will not let them have it