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
John Trevor Then we desire they may be produced here and the Copies proved upon Oath and then we shall leave them upon your Lordships Table And my Lords we desire likewise at the same time to save another trouble there may be delivered in the Convictions of Reading Lane Knox and others Then Mr. Clare was Sworn and delivered in the Copies of the Records L. H. Stew. What Record is that Mr. Clare It is the Record of the Attainder of Coleman for high Treason L. H. Stew. Did you examine it Mr. Clare I did examine it L. H. Stew. Is it a true Copy Mr. Clare To the best of my understanding it is Here is likewise a Copy of the Record of the Conviction of Ireland Pickering and Grove for high Treason L. H. Stew. Is there Judgment of Attainder entred upon Record Mr. Clare Yes my Lords there is Judgement entred Here is a Copy of the Indictment Conviction and Attainder of Whitebread Fenwick Harcourt Gavan and Turner for high Treason Here is a Copy of the Record of Attainder of Richard Langhorn for high Treason Here is a Copy of the Attainder of Green Berry and Hill for the Murder of Sir Edmond-bury Godfrey Here is a Copy of the Conviction of Mr. Nathaniel Reading for endeavouring to Suborn Mr. Bedlow to retract his Evidence against some of the Lords in the Tower and Sir Henry Tichbourn L. H. Stew. What is the Judgment there Mr. Clare The Judgment is entred upon it and 't is to pay 1000 l. Fine and to be put in and upon the Pillory in the Palace Yard Westminster for an hour with a Paper upon his head written in great Letters For endeavouring Subornation of Perjury Here is a Copy of the Record of the Conviction of Tasbrough and Price for endeavouring to Suborn Mr. Dugdale and Judgment entred upon it And here is a Copy of the Record of Conviction of Knox and Lane for Conspiring to asperse Dr. Oats and Mr. Bedlow Here is the Record of the Conviction of John Giles for barbarously attempting to Assassinate John Arnold Esq one of His Majesties Justices of the Peace and the Judgment entred thereupon is To stand three times on the Pillory with a Paper on his Hat declaring his Offence to pay â—00 l. to the King to lie in Execution till the same be paid and find Sureties for his Good Behaviour during life L. H. Stew. Deliver them all in And if my Lords have occasion to doubt of any thing being left in the Court they will be there ready â—o be used All which were then delivered in Mr. Treby My Lords we humbly desire that the Record of Coleman may be read because there is more of special matter in it than any of the rest and your Lordships may dispose of the others as you please L. H. Stew. Read the Record of Coleman Then the Clerk read in Latin the Record of the Attainder of Edward Coleman formerly Executed for high Treason by him Committed in this horrid Popish Plot which in English is as followeth viz. Of the Term of Saint MICHAEL in the Thirtieth Year of the Reign of King CHARLES the Second c. Middlesex AT another time to wit on VVednesday next after eight days of St. Martin this same Term before our Lord the King at VVestminster by the Oath of Twelve Jurors honest and lawful Men of the County aforesaid Sworn and Charged to Enquire for our said Lord the King and the Body of the County aforesaid it stands presented That Edward Coleman late of the Parish of Saint Margaret VVestminster in the County of Middlesex Gentleman as a false Traitor against the most Illustrious most Serene and most Excellent Prince our Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. and his Natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but by the instigation of the Devil moved and seduced the cordial Love and the true due and Natural Obedience which true and faithful Subjects of our said Lord the King towards Him our said Lord the King ought and of right are bound to bear utterly withdrawing and devising and with his whole Strength intending the Peace and common Tranquility of this Kingdom of England to disturb and the true Worship of God within this Kingdom of England practised and by Law established to overthrow and Sedition and Rebellion within this Realm of England to move stir up and procure and the cordial Love and true and due Obedience which true and faithful Subjects of our said Lord the King towards Him our said Lord the King should bear and of right are bound to bear utterly to withdraw blot out and extinguish and our said Lord the King to death and final destruction to bring and put the 29 th day of September in the 27 th year of the Reign of our Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Margaret VVestminster aforesaid in the County aforesaid falsly maliciously subtilly and traiterously proposed compassed imagined and intended Sedition and Rebellion within this Realm of England to move raise up and procure and a miserable Slaughter among the Subjects of our said Lord the King to procure and cause and our said Lord the King from his Kingly State Title Power and Government of His Realm of England utterly to deprive depose deject and disinherit and Him our said Lord the King to Death and final Destruction to bring and put and the Government of the same Realm and the sincere Religion of God in this Kingdom rightly and by the Laws of this Realm established for his Will and Pleasure to change and alter and the State of this whole Kingdom in its universal parts well instituted and ordained wholly to subvert and destroy and War against our said Lord the King within this Realm of England to levy and to accomplish and fulfil these his most wicked Treasons and traiterous Imaginations and Purposes aforesaid The same Edward Coleman afterwards to wit the said Twenty ninth day of September in the abovesaid Twenty Seventh year of the Reign of our said Lord the King at the Parish of Saint Margaret VVestminster aforesaid in the County of Middlesex aforesaid falsly subtilly and traiterously devised composed and writ two Letters to be sent to one Monsieur Le Chese then Servant and Confessor of Lewis the French King to desire procure and obtain to the said Edward Coleman and other false Traitors against our said Soveragin Lord the King from the said French King his Aid Assistance and Adherence to alter the true Religion in this Kingdom then and still Established to the Superstition of the Church of Rome and to Subvert the Government of this Kingdom of England And afterwards to wit the said Twenty Ninth Day of September in the abovesaid Twenty Seventh Year
of the Reign of our said Lord now King of England c. at the aforesaid Parish of Saint Margaret VVestminster in the County of Middlesex aforesaid falsly and traiterously devised composed and writ two other Letters to be sent to one Monsieur Le Chese then Servant and Confessor of the said French King to the intent that he the said Monsieur Le Chese should intreat procure and obtain to the said Edward Coleman and other false Traitors against our said Soveraign Lord the King from the aforesaid French King his Aid Assistance and Adherence to alter the true Religion in this Kingdom of England then and still Established to the Superstition of the Church of Rome and to Subvert the Government of this Kingdom of England And that the aforesaid Edward Coloman in further prosecution of his Treasons and Traiterous Imaginations and Purposes aforesaid afterwards to wit the same Twenty Ninth Day of September in the abovesaid Twenty Seventh Year of the Reign of our said now Lord the King the aforesaid several Letters from the said Parish of Saint Margaret Westminster in the County of Middlesex aforesaid falsly subtilly and traiterously did send into Parts beyond the Seas there to be delivered to the said Monsieur Le Chese And that the aforesaid Edward Coleman afterwards to wit the First Day of December in the Twenty Seventh Year of the Reign of our Soveraign Lord CHARLES the Second now King of England c. at the aforesaid Parish of Saint Margaret Westminster in the County of Middlesex aforesaid one Letter from the aforesaid Mounsieâ—r Lâ— Chesâ— in answer to one of the said Letters so by him the said Edward Coleman writ and to the said Monsieur Lâ— Cheâ—e to be sent first mentioned falsly subtilly and traiterously received and that Letter so in answer received the Day and Year last abovesaid at the aforesaid Parish of Saint Margaret Westminster aforesaid in the County of Middlesex aforesaid falsly subtilly and traiterously did inspect and read over and that the aforesaid Edward Coleman the Letter aforesaid so by him in answer received in his custody and possession the day and year last aforesaid at the aforesaid Parish of St. Margaret Westminster in the County of Middlesex aforesaid falsly subtilly and traiterously detained concealed and kept By which said Letter the said Monsieur Le Chese the day and year last abovesaid at the aforesaid Parish of St. Margaret Westminster in the County of Middlesex aforesaid signified and promised to the said Edward Coleman to obtain for him the said Edward Coleman and other false Traitors against our said Lord the King from the said French King his Aid Assistance and Adherence And that the aforesaid Edward Coleman afterwards to wit the Tenth day of December in the abovesaid Twenty seventh Year of the Reign of our said Soveraign Lord Charles the Second now King of England c. at the Parish of St. Margaret VVestminster aforesaid in the County of Middlesex aforesaid falsly maliciously subtilly and traiterously did relate and declare his traiterous Designs and Purposes aforesaid to one Monsieur Roâ—vigni then Envoy Extraordinary from the French King to our said most Serene King at the Parish aforesaid in the County aforesaid residing to move and excite him the said Envoy Extraordinary with him the said Edward Coleman in his Treasons aforesaid to partake And the sooner to fulfil and compleat those his wicked Treasons and traiterous imaginations and purposes aforesaid he the said Edward Coleman afterward to wit December 19. in the abovesaid 27 th year of the Reign of our said Lord Charles the Second now King of England c. at the aforesaid Parish of S. Margaret Westminster in the County of Middlesex aforesaid advisedly maliciously subtilly and traiterously did devise compose and write three other Letters to be sent to one Sir William Throgmorton Knt. then a Subject of our now Lord the King of this Kingdom of England and residing in France in Parts beyond the Seas to sollicite him the aforesaid Monsieur Le Chese to procure obtain of the said French King his Aid Assistance and Adherence aforesaid And those Letters last mentioned afterwards to wit the day and year last abovesaid from the aforesaid Parish of St. Margaret Westminster in the County of Middlesex aforesaid to the same Sir William Throgmorton in France aforesaid falsly and traiterously did send and cause to be delivered against the duty of his Allegiance and against the Peace of our said now Lord the King his Crown and Dignity and against the Form of the Statute in such case made and provided Wherefore 〈◊〉 was commanded the Sheriff of the County aforesaid that he should not omit c but that he should take him if c. to answer c And now to wit on Saturday next after eight days of St. Martin this same Term before our Lord the King at Westminster came the aforesaid Edw. Coleman under the Custody of Will. Richardson Gent Keeper of the Gaol of our said Lord the King of Newgate by vertue of the King 's Writ of Habeas Corpus ad Subjiciend c. into whose custody before then for the cause aforesaid he was committed to the Bar here brought in his proper person who is committed to the Marshal c. and presently of the Premisses to him above imposed being asked how he will thereof be acquitted saith that he is in no wise thereof guilty and thereof for good and evil doth put himself upon the Country Therefore let a Jury thereupon come before our Lord the King at Westminster on Wednesday next after fifteen days of St. Martin and who c. to recognize c. because c. the same day is given to the said Edward Coleman c. under the custody of the said Keeper of the Gaol of our said Lord the King of Newgate aforesaid in the mean time committed to be safely kept until c. At which Wednesday next after fifteen days of St Martin before our Lord the King at Westminster came the aforesaid Edward Coleman under custody of the aforesaid keeper of the Kings Gaol of Newgate aforesaid by vertue of a Writ of our Lord the King of Habeas Corpus ad Subjiciend c. to the Bar here brought in his proper person who is committed to the aforesaid Keeper of the Kings Gaol of Newgate aforesaid And the Jurors of the Jury aforesaid by the Sheriff of the County aforesaid hereunto impannelled being called came who being chosen tryed and sworn to speak the Truth upon the Premisses say upon their Oaths that the aforesaid Edward Coleman is guilty of the High Treason aforesaid in the Indictment aforesaid specified in manner and Form as by the said Indictment above against him his supposed and that the aforesaid Edward Coleman at the time of perpetration of the High Treason aforesaid or at any time afterwards had no Goods Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And the aforesaid Edward Coleman
being asked if he hath any thing or knows what to say for himself why the Court here ought not to proceed to Judgment and Execution of him upon the Verdict aforesaid saith nothing but as before he had said And hereupon instantly the Attorney General of our said Lord the King according to due form of Law demandeth against him the said Edward Judgment and Execution to be had upon the Verdict aforesaid for our Lord the King Whereupon all and singular the Premisses being viewed and by the Court here understood It is considered That the said Edward Coleman be led by the said Keeper of the Gaol of Newgate aforesaid unto Newgate aforesaid from thence directly be drawn to the Gallows of Tyburn and upon those Gallows there be hanged and be cut down alive to the Earth and his Entrals be taken out of hiâ— Belly and be burned he still living and that the Head of him be cut off and that the Body of him be divided into Four parts and that those Head and Quarters be put where our Lord the King will assign them c. L. Staff I do not hear one word he says my Lords L. H. Stew. My Lord this does not concern your Lordship any further than as to the generality of the Plot. Sir Will. Jones My Lords we have now done with our Proofs for the first general head that we opened which was to make it out that there was a Plot in general We now come to give our particular Evidence against this very Lord and before we do begin we think fit to acquaint your Lordships that our Evidence will take up some time if your Lordships will have the patience to hear it now we will give it but if your Lordships will not sit so long till we can finish it it may be some inconvenience to us to break off in the middle And therefore we humbly offer it to your Lordships consideration whether you will hear it now or no. L. H. Stew. If it cannot be all given and heard now it were better all should be given to morrow Sir Will. Jones If your Lordships please then we will reserve it till to morrow L. Staff My Lords I would only have your directions whether I shall answer this General first or stay till all be said against me That which I have to say to this General will be very short L. H. Stew. My Lord you are to make all your Answer entire and that is best for you L. Staff I am very well contented that I may be the better prepared for it L. H. Stew. Is it your Lordships pleasure that we should Adjourn into the Parliament Chamber Lords Ay Ay. L. H. Stew. Then this House is Adjourned into the Parliament Chember And the Lords went away in the same Order they came The Commons returned to their House and Mr. Speaker resumed the Chair and then the House Adjourned to eight of the clock the next morning The Second Day Wednesday December 1. 1680. A Message was sent from the Lords by Sir Timothy Baldwyn and Sir Samuel Clark Mr Speaker The Lords have sent us to acquaint this House That they intend to proceed to the Tryal of William Viscount Stafford at ten of the clock this morning in Westminster-Hall Mr. Speaker left the Chair and the Commons came into Westminster Hall in the new erected Court And the Managers appointed by the Commons went into the Room prepared for them in that Court to proceed to the particular Evidence against William Viscount Stafford About ten of the clock in the morning the Lords came into the said Court in their former Order and Proclamation being made of Silence and for the Lieutenant of the Tower to bring his Prisoner to the Bar they proceeded L. H. Stew. My Lords expect you should go on with your Evidence and proceed in the Tryal of this Noble Lord. L. Stafford My Lords if your Lordships please I humbly desire that my Counsel may be near me for the Arguing of what is fit to them to speak to as to points of Law for points of Fact I do not desire it L. H. Stew. My Lord you have an Order for your Counsel to attend and they must and ought to attend Mr. Serjeant Maynard The Counsel must not suggest any thing to him while the Evidence is giving they are not to be heard as to matter of Fact L. H. Stew. It is not intended to make use of Counsel as to matter of Fact but they may stand by Mr. Serjeant Maynard My Lords they may stand within hearing but not within prompting L. Staff I assure you if I had all the Counsel in the world I would not make use of them for any matter of Fact Mr. Treby My Lords will you please to order them to stand at a convenient distance that they may not prompt the Prisoner Sir Will. Jones My Lords I hope your Lordships will consider that a man in a Capital Cause ought not to have Counsel to matter of Fact 'T is true he may advise with his Counsel I deny it not but for him in the face of the Court to communicate with his Counsel and by them be told what he shall say as to matters of Fact is that which with submission is not to be allowed If your Lordships order they shall be within hearing I do not oppose it but then I desire they may stand at that distance that there may be no means of intercouse unless points in Law do arise L. H. Stew. You were best make that exception when there is Cause for it in the mean time go on with your Evidence Sir Franc. Winn. We did perceive his Counsel came up towards the Bar and very near him and therefore we thought it our duty to speak before any inconvenience happened This Lord being accused of High Treason the allowing of Counsel is not a matter of Discretion If matters of Law arise all our Books say that Counsel ought to be allowed But we pray that there may be no Counsel to advise him in matter of Fact nor till your Lordships find some Question of Law to arise upon the Evidence L. H. Stew. When there is Cause take the Exception but they do not as yet misbehave themselves Mr. Treby My Lords we presume your Lordships did from the strength and clearness of yesterdays Evidence receive full satisfaction concerning the general Plot and Conspiracy of the Popish Party It being an Evidence apparently invincible not out of the mouths of two or three Witnesses only but of twice that number or more credible persons Upon which we doubt not but your Lordships who hear and Strangers and unborn Posterity when they shall hear will justifie this Prosecution of the Commons and will allow that this Impeachment is the proper voice of the Nation crying out as when the knife is at the throat By the Evidence already given I say it is manifeâ—t that there was a general grand Design to destroy our
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
Lord Stafford but before he had accused the Queen L. Stafford I beseech you my Lords to mark it and I am very glad of it he said he had no more to accuse in relation to England and yet after that he accused the Queen L. H. Stew. My Lord then the best account of it will be on the Journal the Question and Answer is entred there Die Jovis 31. die Octobr. 1678. Post Meridiem TItus Oats being at the Bar is directed to proceed in giving an Account of the Commissions given to several Lords and other Persons for Offices Civil and Military Upon which he proceeded in a particular Narrative thereof with some Circumstances tending to make out the truth thereof and then was commanded to withdraw but stay without Then upon Consideration had hereof the Lord Chancellor by directions of the House caused him to be called in again and told him that the Lords expect not his entring into particular Circumstances but if there be particular Persons concerned of what Quality soever they be the House expected he should name them but he named none but those he had mentioned in his Narrative nor could name no other Person Lord Stafford Then my Lords he said He knew no Persons more than he he had discovered and after did he not accuse the Queen and several others if he said true then he knew no body more if not he is Forsworn Sir VVill. Jones Pray prove he did Accuse the Queen L. Stafford He did so in the Council and he is clearly Perjured in that and so not to be believed And I say besides after that Dr. Oats had consulted with himself and possibly with some others what his Narrative should be and what he should accuse Persons of and did only accuse me of seeing some Letters signed Stafford and now he comes to give Evidence he knows more of my having a Commission After this rate it may be he may know a great deal more to morrow when he hath invented it And 't is a great sign he did not know of any more if he did know of that for I never had any Correspondence with the Jesuits nor any business transacted with them these twenty four or twenty five years Indeed at Ghent the English Jesuits were desired to do a little thing for me and they refused it me it was to send over a man that was to be a Witness in a Suit I had beyond Sea And I never writ one Letter to a Jesuit since nor he to me that I know of nor never had to do with them that I know of I never heard of Fenwicks Name nor Harcourts till I heard of the Plot nor of Johnson nor Thompson Jesuits and if any can prove it I will acknowledge my self guilty of all that is said against me And for that Dr. Oats at first said He only saw Letters of mine and after comes and accuses me of a Commission I appeal to your Lordships if there can be any truth or belief in him I cannot say more than what I have said already and I do challenge Dr. Oats at the day of Judgment to say if ever he saw me in his life till I was committed or if I did ever go by any Name but that of Stafford I will be content to dye immediately If I had gone by the Name of Howard I need not be ashamed of it for 't is a Name good enough to be owned I know there is a worthy Gentleman that bears the Name of Howard of Effingham but I never did If your Lordships please to let me ask Mr. Dugdale one Question L. H. Stew. Call Dugdale again who appeared What say you to him my Lord L. Stafford I desire to ask Dugdale whether he did not in his Depositions before Mr. Lane and Mr. Vernon swear that the 20 th of October I offered him 500 l. to kill the King Mr. Dugdale No September L. Stafford Ay September Mr. Dugdale Yes I think I did make that Deposition before Captain Lane I am certain I did that my Lord Stafford the 20 th or 21 th of September offered me 500 l. L. Stafford Then did not he say presently upon this he went to Mr. Evers Chamber L. H. Stew. He says so now Mr. Dugdale My Lords I am not certain it was the same day it was assoon as I could have opportunity it was presently after Lord Stafford Did he not say he told Erers what I said to him and he did not understand the meaning of it Mr. Dugdale I did say so to Mr. Evers I did ask Mr. Evers what my Lord Stafford's meaning was whether his intention was true or no to do as he said and whether my Lord was in that Condition as to be able to perform his promise for I feared payment of the mony and he told me Harcourt and the rest of the Jesuits would furnish it L. H. Steward So he said Yesterday L. Staff Then ask him if he did not say the beginning of September I met him at Tixal and I spake to him about such a business Mr. Dugdale My Lords I did say to the best of my Remembrance it was about that time the latter end of August or the beginning of September I would not be positive nor could not to five days Lord Stafford No I think not to 5000. Then I askt him this Question whether he did not presently upon that when I told him about the Design go to Mr. Evers and ask what it meant L. H. Steward He said so but now he went to Evers and asked what you meant L. Stafford I beseech you I may be understood whether he did not say in the beginning of September which was before the 20. or 21. in the Journal L. H. Stew. Is it in the Journal L. Stafford Yes L. H. Stew. Why then read it Die Sabbati 28. Decembris 1678. The Earl of Essex acquainted the House that he had received an Information out of the Countrey of very great Concernment which was read as followeth Staffordsh December 24th 1678. The Information of Stephen Dugdale Gent. late servant to the Lord Aston of Tixal concerning the Plot against our Soveraign Lord the King as followeth 1. THis Informant saith that presently after one Howard Almoner to the Queen went beyond the Seas he was told by George Hobson Servant to the said Lord Aston that there was a Design then intended for the Reformation of the Government to the Romish Religion 2. He informeth that in the beginning of September 1678. he met in Tixal nigh the Lord's Gates the Lord Stafford who said to this Informant it was said that they were troubled for that they could no say their Prayers but in a hid manner but suddenly there would be a Reformation to the Romish Religion and if there was but a good Success they should enjoy their Religion And upon the 20 th day of September last the said Lord Stafford told this Informant that there was a Design in hand and
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
if this Informant would undertake the Design he should have a good Reward and make himself famous 3. Upon the aforesaid day immediately after this Informant went into the Chamber of Mr. Francis Urie alias Evers a Jesuit in Tixal-Hall and asked him what the Lord Stafford meant by those words and after he had made him to swear secresie upon his knees he told him he might be a person imployed in the work and have a good Reward that would make him famous and then he told him he must be instrumental with others in taking away the Kings life and that it should be done by shooting or otherwise And that this Informant need not to fear for the Pope had excommunicated the King and that all that were excommunicated by him were Hereticks and they might kill them and be canoniz'd for Saints in so doing 4. The Informant saith that the said Evers and Hobson both said that the Design was as well to kill the Duke of Monmouth as the King 5. That George North Nephew to Pickering and Servant to the Lord Aston lately told this Informant that they had taken his Uncle meaning Pickering and put him into Newgate and thought the King deserved such an execrable death as was intended him because of his Whoring and Debauchery 6. That Mr. Evers said Mr. Bennyfield had a packet of Letters delivered to him from the Post-house which he feared the Lord Treasurer had notice of and therefore he delivered them to the Duke of York and the Duke delivered them to the King and that the King gave them to the Treasurer after he had read them but that the King did not believe them and therefore it was happy or else the Plot had been discovered 7. That he had received many Packets of Letters for Evers some of which this Informant broke up and found them to be and tend to the Establishing of the Romish Religion c. 8. That he had received several Sums of mony himself and knew of divers others that were imployed to put forth mony which was and is for the Jesuits use Stephen Dugdale Taken upon Oath the 24th day of Dcember 1678. before us Tho. Lane J. Vernon L. Stafford My Lords I find by this here that presently after one Howard Almoner to the Queen went over George Hobson Servant to my Lord Aston told Dugdale there was a Design to Reform the Government c. I beseech your Lordships I may ask him how long after he went over this Discourse was Mr. Dugdale I do not say I knew George Hobson before he came to be a Servant to my Lord Aston which was in the year 78. but that this was only a Discourse to me that the Plot had been so long carrying on L. Stafford He says upon his Oath presently after the Almoner went over he told him so Now the Almoner went over years before that when the Proclamation came out to Banish the Queens Servants for being Papists Mr. Dugdale I heard it there I never knew George Hobson before he came to be Servant to my Lord Aston but I did not tell it as a Discourse at that time or that it was more than what I had from him that there was such a Design so long before Lord Stafford He says presently after the Almoner went over in his Oath which was I think in the year 72. or 73. or rather in the year 75. about the end of the year 74. as I remember and he says presently three years after is that presently E'n now the end of August was the beginning of September and how long that was we can't tell and now three years is presently after Sir W. Jones He is telling of anothers Discourse with him L. H. Stew. My Lord you must observe that Dugdale says that he did hear it from Hobson after he came to my Lord Aston's Service Lord Stafford But he says presently after the Almoner went over and 't is impossible for he did not say it till three years after and so there is no truth in him Mr. Dugdale My Lords it was that Hobson told me that presently after the Almoner Howard went over there was such a Design carrying on L. H. Stew. You distinguish not and therefore don't comprehend 'T is one thing if Dugdale had said that presently after there was such a Design Hobson told him so L. Stafford I beseech you it is said That presently after the Almoner went over Hobson told him so L. H. Steward But it is not that presently after he heard the Discourse but George Hobson told him that presently after the Almoner went over there was such a Design L. Stafford 'T is said he was told presently after Then the Information was read again L. H. Stew. Do you know when Howard the Almoner went over Mr. Dugdale No my Lords but by report I heard when he went But I do not make that part of my Oath for I cannot absolutely remember it Lord. High Steward My Lord you must not make a Strain to to make a mistake Lord Stafford Gods Life is three years a Strain Mr. Dugd. I never did mean so nor never did intend so for I never knew him till he came to my Lord Aston's but he told me then this Discourse L. H. Stew. My Lord this is only a Question of Grammar how it can be construed L. Stafford My Lords I beg your pardon 't is to my little Reason a Question of Sense and it is plain to me it can have no other sense but I submit it to your Lordships whether this be not the true Construction L. H. Steward Go on my Lord with your Evidence notice will be taken of your Objection you shall see what they say to it if they do not give it an Answer it will have its weight Sir William Jones We will give that an Answer in due time L. Stafford Then next he says I talked with him at my Lord Aston's the beginning of September where he met with me at Tixal at the Gate And I said it was sad we could not say our Prayers but in private Truely my Lords I cannot say I did not say this to him but if I did say it I do not remember it or that ever I thought so much for I was so much of a contrary Opinion that I thought those of that Religion said their Prayers too openly and have chid them for it And why should I speak it to him whom I did not know what Religion or what Profession he might be of And presently after I spoke of these things he says he went to know what the Design was and then Mr. Evers told him of the Plot and yet yesterday he said he knew it sixteen years ago How can all this be true And besides it seems I could have no great power with him to persuade him for it seems he mistrusted my ability to pay and he had reason for I should hardly have parted with 500 l. in the Condition I was then in
Sir you need not question his Majesties Gracious Promise my Life for yours if you have not his Pardon but I will take special care about it for I will send up a Letter to London directed to some of the Lords which I accordingly did and I will also speak to Captain Lane who is a worthy Gentleman to interpose in it too Then said he I will make a discovery of the Plot. Then my Lords he told me first some particular passages relating to this Lord at the Bar and also concerning Mr. Evers and Mr Peters now in Custody and some other particulars I wished him that he would speak no more at that time And when I parted with him forthwith I consulted with my self what I ought to do in point of Law I knew I must discover that a further discovery might be made of what had passed between us Then I went to Mr. Freek who was either Mayor or Justice of Peace in Stafford and told him he must come with me to Serjeant Parry's He asked me what to do I told him when he came he should know he accordingly came and took short Notes of a further Discovery and Mr. Freek he certified it up to Mr. Chetwyn who was then at London Upon the day following the 24 th I rose and went to one Mr. Vernon one of His Majesties Justices of the Peace and told him what had happened and he sent for Captain Lane another of His Majesties Justices of the Peace and they took an Examination of him I have done my Lord with reference to his Discovery and the time L. H. Steward Do you remember what he mentioned of my Lord Stafford what he said of him Mr. Southall Truly my Lords I can only tell what he said at the first Examination he told me the first time my Lord Stafford spoke with him was at Tixal-Hall nigh to the Gate-House betwixt the Gate and the Hall My Lord was going into the Hall and my Lord Stafford told him it was a very hard thing or to that purpose that they could not say their Prayes but in private and after told him the same day or night t'one that they had some work to do and he might or must be instrumental in it This was the effect of what he told me passed the first time Another time I think he told me he was to have five hundred pounds to kill the King Lord High Steward When did he tell you so Mr. Southall Not till Captain Lane examined him which was the second time he was examined which was about the 26 th L. H. Stew. Did he swear that before Vernon and Lane Mr. Southall Yes he did I could give your Lordships a Breviate of what he swore then L. Stafford I desire he may give that Breviate Mr. Southall I took some Notes of what he swore then L. H. Stew. Have you them by you or about you Mr. Southall Yes my Lords I have L. H. Stew. Produce them Mr. Southall I took this upon some Paper I had in my Pocket and is the substance of what he swore Which he delivered to the Clerk Clerke December the 24th 1678. Mr. Dugdale informeth That in September last he met in Tixall the Lord Stafford nigh to the Gates who said That it was sad they were troubled they could not say their Prayers but in a hid manner but suddenly there would be a Reformation to the Romish Religion and if there be a good success we shall enjoy our freedom And that upon the 20th day of September 1678. the said Lord Stafford told this Informant That there was a Design in hand and if he would undertake in it he should have a good Reward c. and make himself famous The same day this Informant went up into Mr. Francis Evers Chamber to know what my Lord Stafford meant by his words and he first made him swear secresie upon his knees and then told him That he might be a person employed and have a good Reward and make himself famous if he would stand instrumental with others in taking aatay the Kings Life by Shooting or otherwise and need not fear for that the Pope had Excommunicated the King and that all that were Excommunicated by him were Hereticks and they might Kill them and be Canonized for Saints in so doing And that the Design was as well to Kill the Duke of Monmouth as well as the King December the 29th 1678. This Informant saith That since the 20th day of September last the said Lord Stafford did promise him Five Hundred Pounds as to the carrying on of the Plot and that Mr. Evers should give him instructions about the same And that the Lord Stafford told him he did not doubt of his fidelity for Mr. Evers had given him a good character to be trusty And that the Lord Stafford told this Informant That there was a Design to take away the Life of the King and the Life of the Duke of Monmouth and that several others were to be imployed in the Design besides this Informant And that this had been throughly considered of to be the fittest way for the establishing of the Romish Religion And that at the said time the said Lord Stafford laid his hand upon his head and prayed God to keep him in his good mind and to be faithful to what he had intrusted him in c. And this Informant further saith That he doubting of the Lord Stafford's payment the said Mr. Evers promised him the making good of my Lord Stafford's promise c. And further saith that he saw a Letter directed from my Lord Stafford to Mr. Evers and he read the same and knows it to be my Lord Stafford's writing and that therein was written that things went on well beyond the Sâ—as for the carrying on the Design and so he hoped it did do here in England c. Sir Will. Jones My Lords we will examine no further as to Mr. Dugdale But will conclude with this Witness and I think he speaks fully to him The next Witness we called was Dr. Oats and your Lordships have been pleased to observe That what Exceptions have been made against him have not been so much by Witnesses produced as by opposing one part of his Testimony to another what he swore at one time to what he swore at another to which we shall give an Answer when we come to sum up our Evidence for there will be no need of Witnesses to what is objected against Mr. Oats but only of Observations but as to the third Witness Turbervill we have something to answer of Witness and someâ—â—ing by way of making Observation We will first call our Witnesses Then Mr. Southall desired his Paper again which the Court told him he should have a Copy of from the Clerk Sir W. Jones And our first Witness is to this purpose It was objected against Mr. Turbervill L. H. Steward Have you done with Dugdale You have forgot to give an Answer to the objection
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
and some years since and was the great Confident of the said Lady and the said Remige was for the most part taken with her Ladyship into Morgan's Chamber when the Consults were held there where he hath often seen Father Gavan Father Towers Father Evans Father Sylliard Roberts White Owens Barry and the Earl of Castlemain and other Priests and Jesuits meet and shut themselves up in the said Morgan's Chamber sometimes for an Hour sometimes for two Hours more or less and at the breaking up of the said Consults have broke out into an extasie of joy saying They hoped ere long the Catholick Religion would be established in England and that they did not doubt to bring about their Design notwithstanding they had met with one great Disappointment which was the Peace struck up with Holland saying that if the Army at Blackheath had been sent into Holland to assist the French King when he was with his Army near Amsterdam Holland had certainly been conquered and then the French King would have been able to assist us with an Army to establish Religion in England Which expressions with many others importing their confidence to set up the Romish Religion they frequently communicated to this Informant And the said Morgan went several times into Ireland to London and several other parts of England as this Informant hath just cause to believe to give and take measures for carrying on the Design and the said Remige and her Husband having first clandestinely sold their Estate and fled into France about May or June last for fear of discovery This Informant by many Circumstances being assured that the said Mrs. Remige was privy to all or most of the Transactions of the Plot. And he saith that about May last was two Years he was present at Mass with the Lord Powis in Verestreet when the Earl of Castlemain did say Mass in his Priestly Habit after the Rites and Ceremonies of the Church of Rome EDWARD TVRBERVILL Sworn the 9th day of November 1680. before Thomas Stringer William Poulteny Edmund Warcupp L. H. Steward My Lord this Affidavit is to the purpose to which you call for it this does say that your Lordship did go by the way of Calice it does absolutely so L. Stafford Now whether he be forsworn or no your Lordships may judge by these three Witnesses Mr. Turbervill My Lords that which I grounded my belief of his going to Calice upon and so consequently that Affidavit was the Letter which I received from my Lord which I have looked for but cannot find L. H. Stew. This Affidavit does not say you went from Calice to England but you went with Count Gramont to Calice L. Stafford I conceive my Lords this Affidavit and his Narrative are word for word the same only that Amendment of 72 for 73 upon which I observed before he was forsworn once I cannot tell what to say if this man can be believed And Count Gramont came by Diep too but besides my Lords in this Affidavit he does not say he believed so by the Letter tho' now he speaks of one L. H. Stew. My Lord Stafford was Count Gramont in your Lordships company when you came to Diep L. Stafford No my Lords he was in England before me a month but my Lords I cannot deny but I had one recommended to come over with me that pretended himself to be a French Count but the man was as errant a Rascal as this that swears against me and that was one that called himself Count de Brienne whom all the world knows to be a Cheat. L. H. Stew. Call your other Witnesses my Lord. L. Stafford Where is John Minhead Who stood up L. H. Steward Who do you belong to Minhead My Lord Powis L. Stafford My Lords Mr. Turbervill he says by the persuasion of my Lady Powis went to Doway and he staid in the Monastery three weeks and not liking that life he came away this may be true I say nothing to it But that which I take Exception at is this He says for this the Earl of Powis and his Lady when he came back from Doway were very angry with him and so were all his Relations and he stood in fear of his life from them Surely when Mr. Turbervill knew he was in such danger he would not have come near them Pray ask this Gentleman whether he was at my Lord Powis's and how he was entertained L. H. Steward Do you know Turbervill Minhead Yes my Lords L. H. Stew. Have you seen him at my Lord Powis's Minhead Yes my Lords L. H. Stew How was he received there Minhead Very well my Lords L. H. Stew When was that Minhead In the year 75. L. H. Stew. Was that before or after he came back to England Minhead It was after he came from Doway L. H. Stew. What Country man are you Minhead A French man L. H. Stew. What Religion are you of Minhead A Roman Catholick L. Stafford Pray ask him whether he lay in my Lords house Minhead Yes my Lords he lay with me in my lodgings L. Stafford And yet he says he was afraid of his life L. H. Stew. Did my Lord know he lay there Minhead Yes he must needs because he came through the Room to go to Bed L. Stafford May it please your Lordships he says he was threatned that he should have his Brother disinherit him and which afterwards was compassed Now I shall shew that this is impossible for he had no Inheritance to lose nor was to have none for his Brother who is elder than he this man being by a second Venter hath Children as I shall make appear by another of his Brothers who is here And this not being settled upon him who was by the second Venter could not come to him but for want of Issue of that Brother must go to the Uncle So he swears he was disinherited of an Estate when he was to have no Estate nor could have Call Mr. John Turbervill who appeared My Lords I desire you to ask him whether he knew that upon his coming back to England he was ill used Mr. J. Turbervill I never knew any unkindness from my elder Brother to him L. H. Stew. Are you his Brother Mr. J. Turbervill Yes my Lords by the Father not by the Mother L. H. Stew. Well what can you say Mr. J. Turbervill I never heard any thing when he returned from Doway that he was ill received by my Lord Powis but in a few days after my Brother and Sister came to Town we went to Bloomesbury and there we met together and my Brother complaining that he was unfortunate in that he had undertaken what he could not perform in going beyond Sea and now wanted a Livelihood my eldest Brother told him he had done as far as his Ability was he could do no more it was his own Choice and he had no more to say L. Staff Had he any money from his Relations Mr. J. Turbervill He