which the Court adjourned and the Lords sent a Message to the Commons that they had ordered the Prisoner to the Bar again on Monday morning at 10 a Clock The sixth Day MOnday December 6. 1680. about 11 the Court being sat and the Prisoner at the Bar his Petition was read which was for leave to offer a few things more to clear himself and which the Ld. H. Steward told him the Lords had granted He then said that seeing he had received their Order that his Counsel should not be heard touching the continuance of Impeachments from Parliament to Parliament he desired that he might offer them his own Conceptions concerning that urging that they had not yet declared their own Judgments either as to that or whether they did acquiesce in the Judges Opinions praying that his Counsel might be heard as to the other points protesting his own Innocency and Abhorrency of Treason reading then his Case and repeating his Defence c. After which the Lords adjourned into the Parliament Chamber and the Commons returned to their House and received a Message from the Lords that they had ordered the Prisoner to the Bar to receive Judgment to morrow at 10. The seventh Day TUesday December 7 1680. About 11 the Court being sat the Ld. H. Steward took the Votes of the Peers upon the Evidence beginning at the Puisne Baron and so upwards in order the Lord Stafford being as the Law required absent The Ld. H. Steward began then saying My Lord Butler of VVeston Is VVilliam 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 Ld. Arundel of Trerice Not Guilty upon my Honour Ld. Crewe Guilty upon my Honour Ld. Cornwallis Guilty upon my Honour Ld. Holles Not Guilty upon my Honour Ld. VVootton Not Guilty upon my Honour Ld. Rockingham Guilty upon my Honour Ld. Lucas Not Guilty upon my Honour Ld. Astley Guilty upon my Honour Ld. VVard Not Guilty upon my Honour Ld. Byron Not Guilty upon my Honour Ld. Hatton Not Guilty upon my Honour Ld. Leigh Guilty upon my Honour Ld. Herbert of Cherbury Guilty upon my Honour Ld. Howard of Escrick Guilty upon my Honour Ld. Maynard Guilty upon my Honour Ld. Lovelace Guilty upon my Honour Ld. Deincourt Not guilty upon my Honour Ld. Grey of Wark Guilty upon my honour Ld. Brook Guilty upon my honour Ld. Norreys Not guilty upon my honour Ld. Chandos Guilty upon my honour Ld. North and Grey Guilty upon my honour Ld. Paget Guilty upon my honour Ld. Wharton Guilty upon my honour Ld. Eure Guilty upon my honour Ld. Cromwel Guilty upon my honour Ld. VVindsor Not guilty upon my honour Ld. Conyers Guilty upon my honour Ld. Ferrers Not guilty upon my honour Ld. Morley Not guilty upon my honour Ld. Mowbray Not guilty upon my honour Ld. Viscount Newport Guilty upon my honour Ld. Visc Faulconberg Guilty upon my honour Earl of Conway Guilty upon my honour E. of Berkley Not guilty upon my honour E. of Maclesfield Guilty upon my honour E. of Hallifax Not guilty upon my honour E. of Feversham Not guilty upon my honour E. of Sussex Guilty upon my honour E. of Guilford Guilty upon my honour E. of Shaftesbury Guilty upon my honour E. of Burlington Guilty upon my honour E. of Ailesbury Not guilty upon my honour E. of Craven Not guilty upon my honour E. of Carlisle Guilty upon my honour E. of Bath Not guilty upon my honour E. of Essex Guilty upon my honour E. of Clarendon Not guilty upon my honour E. of St. Albans Not guilty upon my honour E. of Scarsdale Guilty upon my honour E. of Sunderland Guilty upon my honour E. of Thanet Not guilty upon my honour E. of Chesterfield Not guilty upon my honour E. of Carnarvan Not guilty upon my honour E. of Winchelsea Guilty upon my honour E. of Stamford Guilty upon my honour E. of Peterborough Not guilty upon my honour E. of Rivers Guilty upon my honour E. of Mulgrave Guilty upon my honour E. of Barkshire Guilty upon my honour E. of Manchester Guilty upon my honour E. of Westmoreland Guilty upon my honour E. of Clare Guilty upon my honour Earl of Bristol Guilty upon my honour E. of Denbeigh Not guilty upon my honour E. of Northampton Guilty upon my honour E. of Leicester Guilty upon my honour E. of Bridgwater Guilty upon my honour E. of Salisbury Guilty upon my honour E. of Suffolk Guilty upon my honour E. of Bedford Guilty upon my honour E. of Huntington Guilty upon my honour E. of Rutland Not guilty upon my honour E. of Kent Guilty upon my honour E. of Oxford Guilty upon my honour Ld. Chamberlain Not guilty upon my honour Marquess of Worcester Not guilty upon my honour D. of Newcastle Not guilty upon my honour D. of Monmouth Guilty upon my honour D. of Albemarle Guilty upon my honour D. of Buckingham Guilty upon my honour Ld. Privy-Seal Guilty upon my honour Ld. President Guilty upon my honour Ld. H. Steward Guilty upon my Honour Prince Rupert Duke of Cumberland Guilty upon my Honour The Ld. H. Steward then declared that upon telling the Votes he found there were 31 that think the Prisoner Not Guilty and 55 that have found him Guilty Whereupon the Prisoner was brought to the Bar and the Ld. High Steward informing him the Lords had found him Guilty He said God's Holy Name be praised for it confessing it surpriz'd him for he did not expect it and that he had only this to say for suspending of Judgment That he did not hold up his Hand at the Bar which he conceived he ought to have done and that though he was tried upon the Act of 25. Edw. 3. yet there being nothing more in that Act than what is included in the Act of the 13th of this King he ought only to lose his Seat in Parliament which was the Punishment there put down for a Peer submitting to their Lordships and desiring their Judgments 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 re-assumed 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 Then the Commons with their Speaker went back to their House Then the Lords took into Consideration what Judgment was to be given 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
where the Case was evident But this Court he took to be of the same Nature though of a Degree higher with the other Ordinary Courts of Judicature where there could be no Adjournment after Evidence given But for satisfaction the Judges were ordered to withdraw to Consult which they did and then the Lords Nottingham and Falconbridge moved that the Peers ought to be the Judges hereof because it concerned their Priviledg and so it was also permitted for them to withdraw And after about half an hour the Judges returned and after an Hour the Peers And then the Ld. Ch. Justice Herbert deliver'd the Opinion of the Judges that this Matter being wholly new to them they could not determin but only tell what the Law was in Inferiour Courts in Cases of the like Nature and the Reason of the Law in those Points and then leave the Jurisdiction of this Court to its proper Judges After which the Ld. H. Steward told them he was the only Judg of that Court and therefore he was to determin it shewing of what ill Consequence the Adjournment of the Court might prove if it should happen to be illegal and therefore he ordered the Prisoner to proceed The Lord Delamere therefore did begin his Defence in Protesting his Innocency and Reflecting on the Loyalty of his Family particularly his Father who had been so signally instrumental in the Restoration of the Royal Family that the late King caused it to be inserted in the Patent which created his Father a Peer which Clause he read out of the Patent to the Court. And as to the Evidence against him he observed that it was all but Circumstantial and by hear-say only except that of Saxon's and therefore he apply'd himself particularly against that and called his Witnesses Mr. Richard Hall testify'd how in 1683 Saxon counterfeited a Letter in the Name of one Richard Hildage to him for 6 l. which he ow'd him and Saxon brought the letter and received the Mony and afterwards Hildage demanded the Mony denying that he ever writ for it Mr. Francis Ling declared how this Saxon received 25 s. at this same Hildage's at Newcastle for Mrs. Wibbram without her order nor did she ever receive any of it Richard Shaw declared how he also forg'd a Letter in William Paugston a Bayliffs Name and sent it to him because he owed him a little Mony Peter Hough declared how Saxon cheated him in making him of a Bond for 20 s. less than was due from Saxon to him reading it false to him at the sealing Edward Wilkinson declared that Saxon hired his Horse June 23d last for only three days at 12 Pence a Day but he never came again nor had he had any satisfaction for his Horse it being supposed this was the Horse he rid into the Rebellion with William Wright said he had dealings with Saxon but never found him so good as his Word Then the Prisoner went off from this part of the Evidence to prove that neither Sir Robert Cotton nor Mr. Offley Crew nor himself were in Cheshire at that time Saxon had sworn he saw them at Mere together And to this end one Billing Margaret Davis Mrs. Sidney Lane Charles Reeves Mr. Ashburnham Sir William Twisden and Mr. Heveningham did all sufficiently testify that Sir Robert Cotton was in Town about that time and some of them being his own Servants that he was never in Cheshire since April 6th last nor never out of London till after June As to Mr. Offley Crew Sir Willoughby Aston declared every day particularly where he was from May 26. to June the 4th on which day he went from Sir Willoughby's House homeward Mr. Gregory and Thomas Kid his Servants testifyed that he went directly Home to Crew-Hall in Cheshire that Night and was not at Mere it not being in his way at all As to the Prisoner himself Mr. Booth one of his Brother's declared that he saw his Brother in Town June 3 4 5 6 and so on to June 10. till he went out of Town himself And another of his Brothers Mr. George Booth said he saw him in Town the 4th And the Lord Lovelace testified that he saw him the 5th of June in the House of Lords at the Lord Macclesfield's Trial against Mr. Fitton After it was thus cleared that none of them 3 were where Saxon had sworn they were at that time the Prisoner shew'd the incredibility of his Evidence and proceeded to give an account of his going down so often and so speedily That the first time he went which was betwixt the Coronation and the fitting of the Parliament was to take Possession of a Lease worth 6 or 7000 l. renewed to him by the Bishop of Chester of whose illness he had notice and this he proved by Mr. John Edmonds who said he was a Witness of his taking possession May 5th and by Mr. Henry who was Attorny and delivered him Possession at the same time And for his going out of Town May 27th the occasion of it was to see a sick Child of his and he went so suddenly and privately because he heard there was a Warrant out to apprehend him But while he was at Mere his Wife sent him an Express that as to the Warrant she hoped it was a Mistake but that his eldest Son was very ill and if he intended to see him alive he must make hast up He came but to his House in Cheshire on Sunday May 31. Whence he came on Tuesday morning June 2d and on Wednesday the 3d he was in Town To prove all this Mrs. Kelsey who was his Servant said my Lord told her there was a Warrant out for him which occasioned his coming and moreover his Childs illness The Lady Delamere his Mother testified the illness of his Child in the Country Mr. Kelsey testified his coming to Mere on Sunday Night and going thence on Tuesday Morning and that he had Letters dated June 4. which gave an account my Lord got to London the Night before And Sir Thomas Millington testified the illness of his Son in Town on May 28. he being sent for to him and remembring the time by the date of his Bills After this the Prisoner summ'd up his Evidence and concluded very handsomly and judiciously his Excellent Defence Then Mr. Sol. Gen. having summ'd up the Evidence and the Lord High Steward speaking a few words to this Point of Law which the Prisoner in his Defence seemed to urge That there is a necessity of two Positive Witnesses to convict a Man of Treason and shewing his Mistake about it The Peers withdrew for about half an hour the Prisoner being taken into a little Room appointed for him at the entrance into the Court and then being returned their appearance was took by a Serjeant at Arms and their Verdict took by the Lord H. Steward Seriatim beginning with the Puisne Peer who all declared the Prisoner Not Guilty upon their Honour's Which the Lord H. Steward acquainted him
because he did not prosecute the Papists as he thought sufficiently and that he was as deep in the Plot as any Papist of them all and that he had a hand in Sir Edmondbury Godfry's Death That there was nothing to be expected from the King but introducing of Popery and Arbitrary Government That there was no Trust to be put in him but it was the People we must trust to And we must look to arm our selves and that he would Arm himself and be here at Oxford having several stout Men particularly Capt. Chinton Capt. Browne and one Don Lewis that would stand by him in case there should be a Rising which he expected at Oxford if the King and Parliament did not agree Colledge giving Mr. Dugdale in London before his coming to Oxford as much Ribbon as came to forty Shillings with No Popery No Slavery wrought in it to distribute among his Friends in the Country that they might be known by other Persons that would wear the same And that at London being once in a Coffee-House with Mr. Colledge and with some of the Members of the House of Commons a little before they met talking of the Parliament at Oxford and of some Disturbance that was likely to happen there it was then fully agreed that it would be the best way out of every County where the Parliament had the best Interest in the People to leave one in every County that might manage the People And that at Oxford when Mr. Colledge perceived that the King would not yield to the House of Commons he said Let him begin as soon as he would he did not care how soon for their Party was but an Handful to him and his Party meaning the Dissenters calling them the True Protestants and the Church of England only Protestants in Masquerade And that Day the King went out of Town presently after he went Mr. Colledge said to him in the Barber's Shop that is just within the Angel-Inn that Rowley meaning the King was gone the Rogue was afraid of himself he was shirk'd away Then Mr. Dugdale produced some Papers whereof he affirmed that Mr. Colledg had owned himself to be Author as the Letter pretended to be intercepted to Roger Le Strange the Rary-show and Character of a Popish Successor which were read and explained in the Court. And then one Stevens being sworn deposed % % that he found the first draught of the Rary-show in Mr. Colledge's Bed-chamber when he came to search his Papers by Order of Council and that the Printer that printed the Ballad had told him since he had it from him which likewise Atterbury and Sawel affirmed but the Paper being look'd for in the Court could not be found Then Mr. John Smith was sworn who deposed that he was intimately acquainted with Mr. Colledge and that going to dine with him at Alderman Wilcox's he being a Stranger ask'd what the Alderman was and Colledge told him he was a Man as true as Steel and a Man that would endeavour to root out Popery to which he reply'd that that might be done easily if he could but prevail with the King to pass the Bill against the D. of York he answered No No he was mistaken for Rowley meaning the King was as great a Papist as the D. of York and every way as dangerous to the Protestant Interest as was too apparent by his Arbitrary ruling And afterwards in the Tavern where they dined he asking him the second time before the Alderman came what kind of Man he was he said he was one that lived in his Country-house and gave freely to several People to buy Arms and Ammunition to bring the King to Submission to his People adding that he wondred old Rowley did not consider how easily his Father's Head came to the Block which he doubted not would be the end of Rowley at the last And after dinner all departing Colledge told him if he would go with him to his own house he should see how he was prepared with Arms and Provision And soon after dining with him he shewed him his Pistols his Blunderbuss his great Sword his Armour Back and Breast and his Head-piece which was covered as he remembred with Chamlet and was a fine thing Colledge telling him that these were the things which would destroy the pitiful Guards of Rowley that were kept up contrary to Law and Justice to set up Arbitrary Power and Popery And a little before the Oxford-Parliament met he meeting Colledge again and discoursing several things Colledge told him what Preparations the City were making how they were provided with Powder and Bullets and that he would go down to Oxford expecting a little sport there upon the Divisions that were like to be between the King and Parliament and that he would be one that would seize the King if he should seize any of the Members as he expected he would And again meeting the Prisoner after his return from Oxford he told him that he went thither in expectation of some sport but old Rowley was afraid like his Grand-father Jamy and so ran away like to beshit himself And that Fitz-Gerald and he had had a quarrel at the Parliament door of the House of Lords at Oxford that Fitz-Gerald had call'd him Rogue and made his Nose Bleed but before long that he hoped to see a great deal more Blood shed for the Cause And after this when there was a Discourse of disarming the City and that the Ld. Feversham was to come to do it he said That he was well provided and that if Feversham or any Man nay Rowley himself should attempt any such thing he would be the Death of him before any Man should seize upon his Arms desiring him to get Arms for himself too because he did not know how he might make use of them accordingly he had an Armour from him upon Trial which he said cost him 30 or 40 s. but it proving too big he returned it and bought him a new one Next to him Bryan Haynes was sworn who deposed likewise that he had been acquainted with Mr. Colledge ever since March last before the sitting of the Parliament at Oxford For there being a Warrant against him for High Treason he made his Application to Colledg and desired him to go to a certain Person of Honour in England and ask his advice Whether he might not supersede the Warrant by putting in Bayl and carry the Supersedeas in his Pocket Mr. Colledge told him he would go to this Person of Honour for he would do nothing of his own head and he bid him come to him the next day which accordingly he did and asked him what was the result and what advice he had from that Person of Quality he bid him be of good chear that the Parliament would be and sit at Oxford soon and that he should not value the King a pin for that the King was in a worse Condition than either of them and he should see that
Cornish and Bethel got in to be Sheriffs 3. Their arresting the Lord Mayor in his Mayoralty-year and not staying till that was ended did carry Vengeance and Malice in the very face of it as if they had a mind to affront the Government in arresting and imprisoning the Kings Lieutenant in one of the highest Places both of Trust and Honour Nay and because they would be sure their Malice and Revenge should take place 4. They took the very Scoundrels of the Party to be employed in this work 5. The Consequents designed herein which was the destruction of the Government all the Magistrates being took up that had any care for it And 5. The particular Persons that were to be sued being only some of the Aldermen and not all though the Mandamus was directed to all and the Return made by the whole Court yet Cornish and his Party were not to be medled with which is another Circumstance of Malice And if it had not been for some Purpose 6. Mr. Papillon is know to be a Person that would never have been so greedy of an Office he had before declined and fined for minding rather his Counting-house than a Scarlet-Gown And therefore the Design he told them was from the beginning to the end nothing but to cause a Tumult and Confusion in the City in order to put that damned hellish Conspiracy for the destruction of the King and his Brother and every Man that was honest and loyal in Execution That therefore they were to find for the Plantiff and to give Damages according to the Malice design'd not as to Sir William Pritchard but as Lord Mayor For that the Government was infinitely concern'd in this Cafe which made it so popular a Cause The Government of the City the Honour of their Chief Magistrate and indeed the Honour of the King whose Substitute he was and that was to put a weight upon their Inquiry into the Damages of this Case telling them that their severity in this Case would deter all People from entring into Clans and Cabals to make Disturbances and affront the Government Then the Jury withdrew to consider of their Verdict and after half an hours stay returned and found for the Plaintiff and assessed Damages to 10000 l. and costs to 4 Marks The Lord Chief Justice then told the Jury that they seem'd to be Persons that had some sense upon them and consideration for the Government and had given a good Verdict and were to be greatly commended for it Aster which the Court broke up The Trial of Titus Oates at the King's-Bench Bar at Westminster before the Lord Chief Justice Jefferies on Friday and Saturday the 8th and 9th days of May 1685. THen and there the Prisoner appearing upon an Information of Perjury shewing how that he had sworn falsly to a Consult of Jesuits at the White-Horse Tavern April 24. 1678. at the Trial of Ireland Pickering and Grove To which having pleaded Not Guilty the Jury sworn were Sir William Dodson Sir Edmund Wiseman Richard Aley Thomas Fowlis Thomas Blackmore Peter Pickering Robert Beddingfield Thomas Rawlinson Roger Reeves Ambrose Isted Henry Collier Richard Howard Then Dr. Oates moved that he might have three very material Witnesses who were Prisoners in the Kings-Bench brought into the Court but the Ld. Ch. Justice told him the Law would not allow it and it would be an Escape The Information therefore was read and Mr. Philips opened it and Mr. Attorn Gen. opened the Evidence Then in order to prove the Information the Record of the Trial of Ireland was produced and read Then Mr. Foster was sworn who deposed that he was one of the Jury at Ireland's Trial and heard Dr. Oates depose about the Consult's being April 24 1678 and that he was at it and carried the Resolution from Chamber to Chamber to be signed and saw it signed c. Then Martin Hilsley Esq a Papist deposed That he came from St. Omers April 14 Old Stile where he lest Oates and saw him but the day before and that he was not at all in his Company from thence to London where he arrived April 21 having staid four or five days at Bockston-street hard by where he met Mr. Burnaly at a Relations of his That afterwards he told Mr. Osborn that he had lest Sampson Lucy by which Name Mr. Oates went as also sometimes by Titus Ambrosius at St. Omers Then Dr. Oates would have ask'd this Witness What his Employment was at St. Omers Whether his Superiors did not set him on to do this And what Inducements he had to give in an Evidence now which he had given six Years ago at Langhorn's Trial and was not believed But these the Ld. Ch. Justice called Ensnaring Questions and would suffer no Answer to them Then Mr. John Dorrel now a Papist deposed that about the 15th or 16th of April he heard one Mr. Osborn telling his Mother of one Sampson Lucy alias Oates being then a Scholar at St. Omers as a Gentleman newly come from thence had assured him Then Mr. Osborn a Papist deposed About the 27th or 28th of April Mr. Hilsley talking to him about Oates telling that he lest him in the Colledg when he came away from St. Omers and this he told afterwards to Madam Dorrel and his own Mother who was since dead Then Mr. Bournaby a Papist supposed a Jesnit who went by the Name of Blunt deposed That he met Mr. Hilsley April 18 1678 that he arrived at St Omers April 21 and saw Oates there the next day and so from day to day to June 10. but that he neither knew or heard of any Consult Then Mr. Pool alias Killingbeck a Papist of the Sodality of the Virgin Mary as was supposed being sworn deposed That he came from St. Omers April 25 and saw Mr. Oates that very Morning and left him there and saw him there the 21st and 22d of the same Month That he heard something of a Triennial Congregation but of no Consult Then Mr. Henry Thornton a Papist deposed That he had been a Student at St. Omers seven Years and came thence about two Years after Mr. Oates that he knew Oates there very well and saw him almost every day in the Colledg from Christmass 1677 to the 13th of June 1678 that in all that time he was never out of the Colledg unless a day or two at Watton in January which is not a League out of Town That he saw him particularly the day of Mr. Hilsley's departure April 14 and Mr. Bournaby's coming April 21 and again the next day April 22 at a Play which the Scholars acted That he heard of a Triennial Congregation but of no Consult Then Mr. William Conway a Papist a Student of St. Omers who went by the Name of Parry when he was a Witness at the Trial of the five Jesuits deposed That he knew Mr. Oates at St. Omers that he came in December 1677 and stirr'd not out of the Colledg except one Night