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
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
Have you done with Mr. Dugdale L. Stafford Yes my Lords L. H. Stew. Whom will you proceed against next L. Stafford Dr. Oats L. H. Stew. Call Dr. Oats L. Stafford Only give me leave to say one thing my Lords that you were pleased to say I should have Copies of the two Depositions of the Twenty fourth and Twenty ninth of December And I had one to inquire but can't find that of the Twenty ninth Then Dr. Oats stood up L. H. Stew. What say you to Dr. Oats my Lord Lord Stafford This Dr. Oats if your Lordships please I desire may be asked when was the first time he ever saw me in his life L. H. Steward When was the first time Dr Oats you saw my Lord Stafford Dr. Oats My Lords the first time I saw this Gentleman at the Bar was as near as I remember at Mr. Fenwicks L. H. Stew. That was in Drury lane Dr. Oats Yes my Lords L. H. Stew. When was that Dr. Oats That was as near as I remember in June L. H. Stew. Was it that time the Commission you spoke of was delivered Dr. Oats Yes my Lords L. H. Stew. Did you see that Commission Dr. Oats Yes my Lords L. H. Stew. Did you read it Dr. Oats Yes my Lords L. H. Stew. From whom was it Dr. Oats I cannot be positive as to that but as near as I remember it was signed as the rest was signed L. H. Stew. How was that Dr. Oats Johannes Paulus Oliva L. H. Stew. You read it Dr. Oats Yes I did my Lords L. H. Stew. It was a Commission to be Pay-Master of the Army was it not Dr. Oats Yes it was L. H. Stew. And it was delivered to my Lord Dr. Oats Yes it was L. H. Stew. By the Name of Mr. Howard of Effingham Dr. Oats Yes my Lords L. H. Stew. What says your Lordship to this L. Stafford What is it possible for me to say against this I declare to your Lordships in the presence of God I never saw the man in my life I never went by any Name since I had the Honour of being a Peer but by the name of Stafford I never heard of Mr. Fenwick the Jesuit nor by the name Thompson till this Plot was discovered and he taken This you may believe or not if you please but this is as true as I am alive My Lords I desire I may have out of the Journals the Deposition on which I was committed L. H. Stew. Turn to the Journal L. Stafford It was read as I remember Friday 25. Octob. 78. Then the Clerk turned to the Journal and read Die Veneris 25. die Octobris 1678. THe Lord Viscount Stafford acquainted the House That he was informed that there was a Warrant issued out from the Lord Chief Justice of England to apprehend him which he thought fit to acquaint their Lordships with and submitted himself their Lordships Judgment The Lord Chief Justice being present was commanded to give the House an account of the business who said That last night about nine of the clock he received a Letter from the Speaker of the House of Commons dated from the Speakers Chair to come to the House of Commons about business of great concernment Accordingly he attended the House of Commons where the Speaker told him that the House of Commons had receiv'd Accusations of High Treason against five Lords and some Gentlemen and desired him to issue out his Warrants for their Apprehension The Persons were the Earl of Powis Viscount Stafford the Lord Arundel of Wardour the Lord Petres and the Lord Bellasis And upon this he issued out his Warrants for their Apprehension having taken the Examination of Titus Oats upon Oath That the Earl of Powis and the Lord Arundel were brought to him this morning in custody and he advised them to render themselves to the Gatehouse where now they are Upon this the Examination of Oats was read whereby it did appear That the Lord Viscount Stafford was charged to be in a Conspiracy of Treason against the King The Lord Viscount Stafford denyed the Fact and after this withdrew And after a while the House was informed that his Lordship would render himself to the Lord Chief Justice L. H. Stew. This is all that is in the Journal L. Stafford Then my Lords if your Lordships please to remember all of you that were there that I was accused by Dr. Oats whose Depositions I desire to see taken before my Lord Chief Justice that he had seen Letters of mine written to Fenwick Harcourt and some others three or four Jesuits in which I was consenting to the Plot that I had sent my Son to Lisbon yet I would be as kind to the Jesuits as before though there was some difference between us These Affidavits I desire to see which as I take it were read before your Lordships that day L. H. Stew. The Affidavit was taken by my Lord Chief Justice in the House of Commons where he did attend them upon their Summons I know not if the Original were read in the House of Lords or the Copy but it seems it is not entred into the Lords Journal but your Lordship had an Order to take Copies of all things you would have demanded and if you would not I cannot tell what to say to it L. Stafford Truly I could not take a Copy because I did not know where it was I desire my Lord Chief Justice may be asked where it is that is all I desire and I will then go on L. H. Stew. I think Dr. Oats does say at this time that he had seen Letters of your Lordships offering your Correspondence and Assistance L. Stafford If Dr. Oats will own he said no more than is in that Affidavit I am content Lord High Steward Have you any Copy of your own Examination Doctor Oats Dr. Oats Yes my Lords I think I have it here L. H. Stew. Marry that is very well produce it then Do you oppose it Gentlemen Managers No we agree we desire the Truth may come out Then Dr. Oats looking amongst his Papers drew out one and offered it to the Court. L. H. Stew. Is that a true Copy of your first Examination Dr. Oates My Lords I will not swear it but it was given me for a true Copy L. H. Stew. By whom was it given you Dr. Oates I can't remember now 't is two years ago Sir W. Jones Unless we know whence it comes or what authority it hath we cannot consent it should be read L. H. Steward Had you it from my Lord Cheif Justice or any servant of his Dr. Oates I can't tell whether Sir Charles Harbord gave it me or no. Sir Fr. Winn. My Lords Sir Charles Harbord might be of the Committee of Examinations but the Examination for which my Lord asked was not in the Committee nor before the house My Lord chief Justice retired out of the house Virtute Officii took it Now it was very fair in Mr.
Rabble Lord High Steward Is it your Lordships pleasure to Adjourn Lords Ay Ay. Lord High Steward Then this House is Adjourned to the Parliament Chamber Then the Lords withdrew in their former Order and the Committee of Commons went back to their House Mr. Speaker resumed the Chair A Message was sent from the Lords by Sir Timothy Baldwyn and Sir Samuel Clarke Mr. Speaker The Lords have commanded us to acquaint this House that they have appointed William Viscount Stafford to be brought to the Bar in Westminster-Hall to morrow morning at Ten of the Clock to receive Judgment The Commons Adjourned to Eight of the Clock the next Morning The Seventh Day Tuesday December 7. 1680. ABout the hour of Eleven the Lords Adjourned into Westminster-Hall going thither in their former Order into the Court there erected and Mr. Speaker having left the Chair the Committee of Commons were seated as before The Lords being sate Proclamation was made for Silence and the Lord High Steward being seated on the Wool-pack with Garter Principal King of Arms the Usher of the Black Rod Nine Maces attending him with all the rest of the Solemnity as was at first expressed took the Votes of the Peers upon the Evidence beginning at the Puisne Baron and so upwards in this Order the Lord Stafford being as the Law requires absent Lord High Steward My Lords I am an humble Suitor to your Lordships That you will give me leave to collect your Votes as I sit for I am not able to stand Which being granted the Lord High Steward proceeded Lord High Steward My Lord Butler of Weston Is William Lord Viscount Stafford Guilty of the Treason whereof he stands Impeached or Not Guilty Lord Butler Not Guilty upon my Honour The same Question was put to the rest whose Names and Votes follow Lord Arundel of Trerice Not Guilty upon my Honour Lord Crewe Guilty upon my Honour Lord Cornwallis Guilty upon my Honour Lord Holles Not Guilty upon my Honour Lord Wootton Not Guilty upon my Honour Lord Rockingham Guilty upon my Honour Lord Lucas Not Guilty upon my Honour Lord Astley Guilty upon my Honour Lord Ward Not Guilty upon my Honour Lord Byron Not Guilty upon my Honour Lord Hatton Not Guilty upon my Honour Lord Leigh Guilty upon my Honour Lord Herbert of Cherbury Guilty upon my Honour Lord Howard of Escrick Guilty upon my Honour Lord Maynard Guilty upon my Honour Lord Lovelace Guilty upon my Honour Lord Deincourt Not Guilty upon my Honour Lord Grey of Wark Guilty upon my Honour Lord Brook Guilty upon my Honour Lord Norreys Not Guilty upon my Honour Lord Chandos Guilty upon my Honour Lord North and Grey Guilty upon my Honour Lord Pagett Guilty upon my Honour Lord Wharton Guilty upon my Honour Lord Eure. Guilty upon my Honour Lord Cromwell Guilty upon my Honour Lord Windsor Not Guilty upon my Honour Lord Conyers Guilty upon my Honour Lord Ferrers Not Guilty upon my Honour Lord Morley Not Guilty upon my Honour Lord Mowbray Not Guilty upon my Honour Lord Viscount Newport Guilty upon my Honour Lord Viscount Faulconberge Guilty upon my Honour Earl of Conway Guilty upon my Honour Earl of Berkley Not Guilty upon my Honour Earl of Maslesfield Guilty upon my Honour Earl of Hallifax Not Guilty upon my Honour Earl of Feversham Not Guilty upon my Honour Earl of Sussex Guilty upon my Honour Earl of Guilford Guilty upon my Honour Earl of Shaftsbury Guilty upon my Honour Earl of Burlington Guilty upon my Honour Earl of Ailesbury Not Guilty upon my Honour Earl of Craven Not Guilty upon my Honour Earl of Carlisle Guilty upon my Honour Earl of Bath Not Guilty upon my Honour Earl of Essex Guilty upon my Honour Earl of Clarendon Not Guilty upon my Honour Earl of St Albans Not Guilty upon my Honour Earl of Scarsdale Guilty upon my Honour Earl of Sunderland Guilty upon my Honour Earl of Thanet Not Guilty upon my Honour Earl of Chesterfield Not Guilty upon my Honour Earl of Carnarvan Not Guilty upon my Honour Earl of Winchelsea Guilty upon my Honour Earl of Stamford Guilty upon my Honour Earl of Peterborough Not Guilty upon my Honour Earl Rivers Guilty upon my Honour Earl of Mulgrave Guilty upon my Honour Earl of Barkshire Guilty upon my Honour Earl of Manchester Guilty upon my Honour Earl of Westmorland Guilty upon my Honour Earl of Clare Guilty upon my Honour Earl of Bristol Guilty upon my Honour Earl of Denbigh Not Guilty upon my Honour Earl of Northampton Guilty upon my Honour Earl of Leicester Guilty upon my Honour Earl of Bridgwater Guilty upon my Honour Earl of Salisbury Guilty upon my Honour Earl of Suffolk Guilty upon my Honour Earl of Bedford Guilty upon my Honour Earl of Huntingdon Guilty upon my Honour Earl of Rutland Not Guilty upon my Honour Earl of Kent Guilty upon my Honour Earl of Oxford Guilty upon my Honour Lord Chamberlain Not Guilty upon my Honour Marquess of Worcester Not Guilty upon my Honour Duke of Newcastle Not Guilty upon my Honour Duke of Monmouth Guilty upon my Honour Duke of Albemarle Guilty upon my Honour Duke of Buckingham Guilty upon my Honour Lord Privy-Seal Guilty upon my Honour Lord President Guilty upon my Honour Lord High Steward Guilty upon my Honour Prince Rupert Duke of Cumberland Guilty upon my Honour Lord High Steward My Lords upon telling your Votes I find there are Thirty one of my Lords that think the Prisoner Not Guilty and Fifty five that have found him Guilty Serjeant make Proclamation for the Lieutenant of the Tower to bring his Prisoner to the Bar. which was done and his Lordship came to the Bar. Lord High Steward My Lord Stafford I have but heavy tidings for you your Lordship hath been Impeached of High-Treason you have pleaded Not Guilty my Lords have heard your Defence and have considered of the Evidence and their Lordships do find you Guilty of the Treason whereof you are Impeached Lord Stafford Gods Holy Name be praised my Lords for it Lord High Steward What can your Lordship say for your self why Judgment of Death should not be given upon you according to the Law Lord Stafford My Lords I have very little to say I confess I am surprized at it for I did not expect it but Gods will be done and your Lordships I will not murmur at it God forgive those that have sworn falsly against me My Lords I conceive I have something to say for respit of Judgment I have been at many Tryals in my Life but I never saw any Tryal where the party tried did not hold up his Hand which I was never asked to do I thought it had been a very material point in the Law That by the holding up of the Hand he might be known to be the Person I have read lately since I had the misfortune to be thus accused Sir Edward Coke upon the Pleas of the Crown and he says that Misnomer the not giving a man
witness against me may look upon me face to face according to the words of the Statute I humbly beseech your Lordships to grant me this which I take to be according to Law and that each may give his Evidence alone and that both against me and for me one may not know what the other says Lord High Stew. My Lord You shall have all the fair proceeding that can be Lord Stafford The Law says my Accusers must look me face to face I desire to have the words read Lord High Steward Your Lordship may see him there where he stands up Then Mr. Smith turned and looked upon my Lord Stafford Lord Safford I do see him but do not know him Lord High Steward Swear him Clerk The Evidence that you shall give in the Tryal of William Viscount Stafford shall be the truth the whole truth and nothing but the truth so help you God and the Contents of this Book Lord High Steward Your Lordship observes he is not brought as a particular Witness against your Lordship but to prove the general Design of your Party Lord Stafford 'T is still concerning me Lord High Steward Look upon my Lord Stafford which he did and now tell your Evidence Mr. Treby This is Mr. Smith my Lords And that which we would examine this Witness to is the general Design of the Plot what knowledge he hath had of it here or beyond Sea the Gentleman is able to understand the general Question Mr. Smith My Lords I remember very well when I went first into France I came acquainted with Abbot Montague Father Gascoyn and several other Popish Priests and Jesuits who often discoursed with me and told me if I would make my self a Catholick I should have an Employment amongst them there and afterwards in England for they did not doubt but the Popish Religion would come in very soon upon which I asked his Lordship the Abbot one day what reason he had to believe it he told me two reasons first that they did not doubt but to procure a toleration of Religion by which they should bring it in without noise and secondly that the Gentry that went abroad did observe the novelty of their own Religion and the Antiquity of theirs and the advantages that were to be had by it These Reasons Abbot Montague gave me There was one Father Bennet and others that told me the chief reason was their party was very strong in England and in a few Years they would bring it in right or wrong All this would not prevail with me to turn Papist and I lived among them several Years At last I had a design to go to Rome and as I went I had a design to go to Provence and so into Italy where there was one Cardinal Grimaldi coming thorough the Town and the Jesuits having a great School there I was curious to go to the School and they were very desirous I should tarry for some time in the Town I did and they made much of me and told me much to the same substance what assurances they had of their Religion coming into England At last they had a desire I should discourse with the Cardinal which I did and he made much of me and he it was that perverted me to the Romish Religion upon this the Cardinal shewed me a pair of Hangings that were in his House which he said did belong to the Queen Mother and were bought in Paris and he told me he was acquainted with many of the Nobility in England and that he had great assurance the Popish Religion would prevail and he told me there was but one in the way and though that man was a good natured man yet they could not so far prevail upon him but that to accomplish their designs they must take him out of the way but at last I left this place and went to Rome where I lived some years in the English Jesuits Colledge there and when I had lived there five years I came to be Prefect of several Rooms there which are the Scholars Lodgings and places of Study I have heard it there often disputed in their own Colledge both preach'd and privately exhorted that the King of England was an Heretick and that there was no King really reigning and who ever took him out of the way would do a meritorious action Lord High Steward Who was that that said so Mr. Treby Name the persons Mr. Smith Father Anderton Rector of the Colledge who was a very good Scholar Father Mumford and one Father Campion but chiefly one Father Southwell one of the chief of the Jesuits And I doubting of the truth of that Opinion they did shew me several of their Books there and directed me to some passages of Mariana Vasquez and Bellarmine which I have since published to the world wherein they did assert it as a true Doctrine and as Christian Doctrine what the Fathers told me and this was never condemned at Rome Besides my Lords when I was coming from Rome with my Faculty and License signed by Cardinal Barberino who generally conducts or causes to be conducted all Papists to take their leave of the Pope and before we came away for there were five or six of us together for a whole month these Fathers were exhorting us That we were not obliged to obey the King of England and that in all private Confessions we were to instruct all persons that we thought were capable of any design That they should use all their endeavours for promoting the Popish Religion I coming into England made my application to Dr. Perrott who belonged to the Portugal Ambassador and was chief of the Popish Clergy in England I was kept there some months to say Mass in his Chappel and afterwards I was sent into the North where there were abundance of Jesuits and Fryers to one Mr. Jenison's House where knowing the Principles of these people I made it my business to rout these Jesuits away especially out of Mr. Jenison's House who had a Kinsman of his own that was a Jesuit and used to serve him in his House and great complaint was made against me and there was one Mr. Smith otherwise Serjeant in the North who gave me intimation of it ond to whom I wrote to satisfie him and the Clergy of the grounds and reasons why I routed them away which if he be in England now he can justifie Upon this I received a smart Letter as a kind of Reprimand for my doing so and he told me That though they did agree with me in Doctrine yet they would endeavour what they could to bring in the Popish Religion And taxed me sharply for appearing against it I told him how the Jesuits perverted the Duke of York and that by that means they would be the chief men in England though there were none of their Order till Queen Elizabeths time Besides My Lords in Rome I saw Coleman's Letters and read them once a month as I believe wherein he
knowledge Sir John Trevor Then the next Witness we desire may be called is Mr. Bernard Dennis Mr. Serj. Maynard This Witness we call now is to confirm what Dr. Oats hath said that he was at Validolid and other places in Spain he will be short Lord High Steward Call you Oats again Sir Franc. Winn No my Lord We call Dennis to confirm what Dr. Oats hath said He hath given your Lordship an account that he was in Spain we now produce one that saw him when he was there and so confirms the Evidence given by him Then Mr. Dennis was sworn Mr. Treby Mr. Dennis Do you give their Lordships an Account of your Discoursing with Dr. Oats in Spain or any where else abroad and where L. H. Steward Stay a little Do you know Mr. Oats Mr. Dennis Yes my Lord. L. H. Steward How long have you known him Mr. Dennis I knew him in the year 77. L. H. Steward Where Mr. Dennis At Validolid L. H. Steward Did you see him there was he a Student there Mr. Dennis Yes my Lord. Lord High Stew. Was he known by the name of Oats Mr. Dennis Yes my Lord he was Sir Franc. Winn. My Lord We desire he may tell his knowledge of Mr. Oats what conversation he had with him in Spain Mr. Dennis My Lords I was in Spain in the City of Victoria and leaving the City of Victoria in the month of June I took my course to Madrid and passing through the City of Validolid going into the Convent of the Dominicans there came an Irishman a Priest of Ireland out of the City to seo me and there he told me there was a Student of the Jesuits by name Mr. Oats an Englishman and I understanding this went into the Colledge of the Jesuits to see Mr. Oats and there had conversation with Mr. Oats and in the conversation I had with him there he told me that he was a Vicar in Kent and that he was Chaplain to a great Nobleman in England by name Howard and that he went out of England by the consent of the Jesuits in England being converted by them to the Roman Catholick Faith and that his going into Spain was to fit himself for the Society of the Jesuits and understanding my resolution was to go to Madrid he did desire me to carry a Letter to the Archbishop of Tune one James Lench an Irishman who lived at Madrid and further he lent me four pieces of Eight to defray my Journey to Madrid and desired me to pay the money to the Procurator of the Jesuits at Madrid and in carrying this Letter to the Archbishop when I came there I got a Dominican Fryer of Ireland by name Humphry Delphin to go with me and see the Archbishop at his lodging and going in I delivered him the Letter in the presence of the Dominican and he perused it in my presence and in the presence of a Priest that waited upon him and finishing the Contents of the Letter as I suppose with a smiling Countenance he turned about and said Sirs the Contents of this Letter is that Mr. Oats is desirous to receive the Order of Priesthood from me or at my hands and if it be so it will be much in our way and this man will be a fit man for our purpose for said he further Dr Oliver Plunket Primate of Ireland is resolved this year or with the next Convenience to bring in a French Power into Ireland and thereby to support the Roman Catholicks in England and Ireland and if it please God I my self without any delay will go into Ireland to assist that pious Work All this Discourse between us and the Archbishop and between Oats and me was in July 77. And there I did speak and converse with Mr. Oats All this I can testifie for truth on the behalf of Mr. Oats who was then a Student in the Colledge of Validolid and had no other name nor title Mr. Foley I desire himself may tell your Lordships what Religion he is of Lord High Steward What Religion are you of Mr. Dennis I am a Dominican Fryer my Lord. Lord High Steward Are you Mr. Dennis My Lords I am Lord High Steward At this time Mr. Dennis Yes my Lords Mr. Serj. Maynard He hath a Pardon my Lords Mr. Treby This hath been controverted my Lords whether Mr. Oats ever was in Spain we desire to make it out plain to the world for the Confirmation of his Evidence Therefore we ask him again Do you know the person of Mr. Oats Mr. Dennis Yes I do Mr. Treby Is this person that gave Evidence last before you the same person you saw at Validolid Mr. Dennis Yes it is Mr. Sacheverel My Lords we desire to ask of him why he had the four pieces of Eight of Mr. Oats Lord High Steward Why had you that money of Oats Mr. Dennis For to defray my Journey to Madrid Lord High Stew. Was that all you had Mr. Dennis Yes my Lords Mr. Sacheverel We pray he may be asked how he came to be so needy Mr. Dennis My Lords I was not altogether needy but it is very certain Religious persons especially of my Order cannot carry any money about them but what is requisite for their Journey and that which may be removed from place to place Sir John Trevor I desire to ask him did he see any more money that Dr. Oats had Mr. Dennis I did see Dr. Oats in his Chamber in the Colledge at Validolid when he delivered me the four pieces of Eight to draw out a Drawer of a Table in his Chamber and out of the Drawer he pulled a Bag of money which was a very considerable Sum of money and I am certain he did not want money there then Mr. Treby My Lords I think we have done with him if my Lord please to ask him any Question he may Lord Stafford But only one Question for I never saw the man in my life I desire he may be asked whether he be still of the Romish Religion Sir John Trevor My Lords We have not yet done with him the Question we would ask him is this whether he hath heard of any money that was gathered in Ireland for the support of this Plot Lord High Stew. The Question asked of you have you heard of any money gathered in Ireland for the support of this Plot Mr. Dennis I have both heard and seen of it Lord High Steward When and where Mr. Dennis My Lords in the year 68. I entred into the Order of the Dominicans in Ireland and in the same year there arrived at Dublin a Franciscan Fryer Brother to the late Earl of Carlingford and arriving there he made several Collectors for the levying a competent sum of money out of every Convent and Religious House My Lords the Collectors were by name John Reynolds alias Landy and John Berne and arriving at the County of Sligoe in the month of May. Lord High Stew. What year Mr. Dennis 68. And
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
been told this that I speak here and I desire it may be proved Lord High Steward If you are bound up so that you cannot consent I can t help it Mr. Serj. Maynard Let him put the Fact my Lords and not suppose and imagine Things and then raife Questions L. H. Stew. It is usual in these Cases for the Gentlemen of the House of Commons to stay till the Lords are withdrawn and expect their Lordships Resolution perhaps they may so order it that you need not go back Sir Will. Jones I desire before your Lordships withdraw that it may be taken notice of by your Lordships that for the matter of the variation of the year we do admit it My Lord is not pleased to mention any other particular matter of the Affidavit but only says in general that it is contrary to what he says to day if my Lord would tell us wherein perhaps we should admit it or answer it or take it into further consideration but to make so general an Allegation and give your Lordships no particular account we submit whether such a suggestion ought to be regarded Lord High Steward Is there any further variation besides the variation of the year L. Staff I cannot say there is my Lord I do not know it but I do really believe in my Conscience there is from what I have heard but however I insist upon it and demand your Judgment Sir Fr. Win. My Lords I humbly desire one word as to the Objection that hath been made that he hath prayed your Lordships to grant him the sight of such and such Papers The nature of this Cause my Lords we know is such that there was never the like number of Papers known as to the General Plot and my Lord that is the Prisoner at the Bar may as well demand to morrow such a particular Paper and the next day another that he hath heard of in the General Plot and where will the end of this be So that if the thing be granted upon the variation of the time that it was immediately rectifyed and he cannot produce any grounds that may satisfie your Lordships why he should have that Paper you may as well suffer him to demand any other Paper after and so never end the Cause L. H. Stew. Your Lordship hath been told and you shall find it that you shall have as fair and equal an Hearing as is possible and nothing shall be denied you that is just and reasonable to safe your Life or make your Defence But pray my Lord for so much as is upon the Journal which you may resort unto you may easily know what answer my Lords will give to that but for this other thing if it be only the variety you alledge of the Time and the Year and you do desire it to look for other Exceptions and you pray the help of the Lords to see such a Paper that you might make inquiry after other varieties Do you think they are to help you to find out Exceptions to the Witnesses L. Stafford I do not desire their Lordships to help me to find out Exceptions but I have told your Lordships of one Exception to the Affidavit which these Gentlemen acknowledge to be true and the other Affidavit is that he Swears I spoke to him at Doway in the year 72 or 73 which I can disprove and then I say he Swearing several things false he is no credible Witness L. H. Stew. 'T is admitted to your Lordship that he did mistake the time L. Stafford It is admitted that he said he spoke to me at Doway L. H. Stew. How very an easie matter were it to expedite this Process by allowing the Prisoner his demand in this particular Sir Will. Jones I never saw it and a great many of the Managers say they never saw it L. Stafford These Gentlemen say I did it to put off the Cause I am far from it for though I am in a condition very unfit to manage my Defence faint and weak with speaking so long and hardly able to speak any more yet I desire to finish this night and if I see it now it will be enough I shall not desire to have a Copy to advise with my Counsel or any body else L. H. Stew. Pray Gentlemen of the House of Commons will you observe my Lord as weary as he is would make an end of the matter presently if you would but send for the Affidavit Mr. Foley My Lords it is not in our hands here if the House of Commons will order it it may be done we cannot order it of our selves Mr. Powle My Lords this is a Paper that does properly belong to the House and I do think that none of us here that are Managers for this Trial will undertake it shall be delivered without resorting to the House for their Opinion for though I do verily beleive and am fully persuaded that what this Noble Lord at the Bar does object will not appear to be so For I think there is not any thing of my Lord Staffora's speaking with this Witness at Doway mentioned therein yet how far the Presidents of this may reach in other Cases I think is worthy the Consideration of the House And we cannot presume to offer any thing in it to your Lordships until you be pleased to give us leave to go and resort thither Then the Lords withdrew and after an Hours and an Halfs space returned and Proclamation was made for Silence L. H. Steward My Lord Viscount Safford my Lords have considered of the Demands you made and my Lords upon the Debate of the Reasons of your Demands are come to this Resolution Your Lordship did demand in the first place that you might have a sight of the Journal and have the Papers lodged in the House of Peers My Lords take notice that this Demand which your Lordship now makes is a Demand that was granted you long ago about two years since you have an Order entred upon the Books that your Lordship should have Copies of every thing in that House and if your Lordship have not taken out Copies and if any thing is missing to your Lordship that is yet there extant 't is your Lordships fault However my Lords will command their Journals to be brought hither that your Lordship may make that use of them that may be of most profit to you For the other Demand touching the Affidavit supposed to be taken from Turbervile by the Justices of the Peace that my Lords upon Consideration had do find that there is no Obligation at all upon them as a Court to concern themselves in that Matter And therefore my Lords have made no Order in that Point but your Lordship must come provided as well as you can and the Court can do no more to help you in it For the rest my Lords did take notice that your Lordship said before they were withdrawn That you found your self very Faint and Weary and
I had prepared my self for my Tryal as well as I could and had written down a few things that I intended to say and I profess before God as I am a Man and as I am a Christian of all I intended to say I have in a manner made use of very few words but as to what I had to say upon the Evidence I was forced to lay all aside because I wanted these Papers I have not eaten to day and being forced to lay aside all that I had written I shall need a whole day to write however I submit my self to your Lordships in that matter Lord High Steward My Lord if it be equal to your Lordship and your Lordship will be as ready to morrow as another day this Court will be more ready L. Stafford I assure your Lordships if your Lordships do give me another day I will not debate with my Counsel any one thing upon the Papers I have asked Lord High Steward Pray my Lord will you be pleased to make your demand to my Lords who are your Judges by what time you will be content to be foreclosed Lord Stafford My Lords if you will give me till Friday I shall be ready to give my Evidence and I will bring Witnesses sufficient I hope to prove my Innocency Sir Will. Jones My Lords we do not presume at all to offer our consent to what time the Court shall be Adjourned L. H. Stew. No we do not ask your Consent Sir Will. Jones And I hope your Lordships will not ask the Prisoners consent nor do it by his direction L. H. Stew. De morte hominis non est cunctatio longa Sir Will. Jones But we must desire your Lordships as we are entrusted by the House of Commons to Manage this Tryal to take notice that as we do not expect your Lordships should take the Measures from our Desires much less do we expect you should do it at the only instance of the Prisoner 'T is a great advantage to this Lord to choose his own time when he will please to answer our Evidence We do know very well that in this Case there have been Attempts to Suborn Witnesses and that we shall prove in due time and Attempts to destroy Witnesses too So that there hath been too much time lost already and I think to morrow is a very convenient time for him to make his Answer And I must observe to your Lordships that the Prisoner hath gained his end of not making his Answer this day by raising an Objection which in my Thoughts carried no great weight in it though when it was made your Lordships were pleased to Adjourn upon it But seeing he hath got his Point of deferring the making Answer till to morrow there can be no reason he should gain a further day since the Depositions may be ready by to morrow as well as by the next day And therefore we desire your Lordships will be pleased to go on in the Tryal to morrow L. H. Stew. You shall know their Lordships pleasure when they are withdrawn Is it your Lordships pleasure that we should Adjourn Lords Ay Ay. L. H. Stew. This House is Adjourned into the Parliament Chamber So the Lords withdrew in their Order and the Commons went back to their House and Mr. Speaker resumed the Chair A Message was sent from the Lords by Sir Timothy Baldwin and Sir Samuel Clark Mr. Speaker The Lords have sent us to acquaint this House that they have ordered the Prisoner William Viscount Stafford to be brought to the Bar in Westminster-Hall to morrow morning at Ten of the Clock And then the Commons Adjourned to Eight of the Clock next morning The Third Day Thursday December 2. 1680. AT the Hour of Ten in the Morning the Lords Adjourned into Westminster-Hall and returned in their former Order into the Court there erected and Mr. Speaker having left the Chair the Commons were seated as before The Court being sat Proclamation for Silence was made and the Lieutenant of the Tower commanded to bring his Prisoner to the Bar which being done the Lord High Steward spake to him as followeth L. H. Stew. My Lord Stafford this is the time appointed to hear what your Lordship hath to say in your Defence and to call your Witnesses Sir Will. Jones My Lords yesterday my Lord Viscount Stafford was pleased to make mention of an Affidavit of Mr. Turbervile taken before two Justices of the Peace wherein he was pleased to say there was some Amendment made and so indeed we did then acknowledg there was But he had a desire to see it notwithstanding our acknowledgment because he was informed that that which Turbervile swore then differed from what Turbervile swore yesterday My Lords at that time we had not the Affidavit nor was it proper for us to produce it for indeed it remained in the Justice of Peace's Hands that took it but now that his Lordship may have full satisfaction and not only his Lordship but also all that are present at this Tryal I do inform his Lordship that the Affidavit is in the hands of a Member of the House of Commons Sir Will. Poulteney by name and if his Lordship please he may have it produceed and make what use he can of it L. H. Stew. 'T is extream Honourably and Worthily done of the House of Commons and my Lord hath no manner of Exception left him L. Stafford My Lords if I shall have occasion to use it I shall call for it but I would first say something to your Lordships My Lords I first give your Lordships thanks for granting me the liberty to come so late to Day I have had a little sleep upon it Your Lordships heard yesterday when you had Dr. Oats at the Bar the first thing that he said as I remember was to desire you would be pleased to leave him to his own method I beg of your Lordships the same favour that I may begin with the one or the other Witnesses or with matter of Law as I please L. H. Steward God forbid but you should take your own Method in your Defence L. Stafford In order to which I desire first Mr. Turbervile may come to the Bar. L. H. Stew. Do you call Turbervile my Lord L. Stafford Yes my Lord I do L. H. Stew. He is there what say you to him L. Stafford My Lords I will ask him but one Question and I hope I shall have occasion to ask him no more When was the last time that he spoke with me L. H. Stew. Mr. Turbervile I think I hear right I do not know My Lord Stafford asks when was the last time you spoke with his Lordship Mr. Turbervile It was in November 1675. L. Stafford I have very much to say against his Evidence but I hope your Lordships will not think him any Evidence against me or any body else But I desire your Judgment whether I be not within the compass of the time limited
the Bar does swear what is said there is true Lord Stafford Then he says there he saw Letters signed by me to Fenwick and others I do humbly desire to know whether that be Evidence or no that a man says he saw Letters and does not say he knew them to be my hand nor what the Letters were in particular nothing that he did prove of it I must appeal to your Lordships to all my Lords to my Lord High Steward and the rest that were of the Council at that time whether Dr. Oats did not positively name some and left ne out at the Council Table And whether Dr. Oats did not say there was no Lord concerned in the Plot and whether some of my Lords did not say so and told some other Lords of it from whom I had it And in order to this desire Sir Philip Lloyd may be examined and if he did not know of my being in it then he hath since forsworn himself L. H. Stew. My Lord I know not where you are nor what you are about are you objecting against Oats upon any Evidence out of the Journal Lord Stafford My Lords I go upon this that hath been read L. H. Stew. Pray my Lord produce your Witnesses that did hear him say any thing and take your advantage of it Lord Stafford I call Sir Philip Lloyd L. H. Stew. Where is Sir Philip Lloyd L. Stafford My Lords I do not know I think he is here I hope he will come Then he appeared amongst the Members of the House of Commons and was called to the Bar amongst the other Witnesses and stood up L. H. Stew. What does your Lordship ask Sir Philip Lloyd L. Staff Whether he was not by when Dr. Oats was asked if there were any Lords concerned in the Plot and he said no and whether he did not tell me so a day or two before I was committed in the Pâ—inces Lodgings L. H. Stew. What say you Sir Philip â—loyd did you ever hear Dr. Oats deny upon his Oath that ever he heard of any Lords that were concerned in the Plot Sir Philip Lloyd My Lords Truly I cannot remember any such thing If my Lord put me in mind of any particular Circumstance or time I may recollect it I must confess I think I have heard such a thing rumor'd but I am so unfortunate I cannot remember any thing positively of it L. Stafford He did tell me so I am sure Sir Philip Lloyd Truly my Lords I would be glad to remember any thing to justifie the Truth but I can't remember this L. Stafford But whether it were so or no your Lordships that were of the Council can tell L. H. Steward My Lord I do not know Your Lordship cannot be refused if you press it to ask any of the Lords of the Council if they remember any such thing that did pass there but if I were there or in the Council I deal plainly with your Lordship I cannot say that there was any such thing said L. Stafford If there be any here that were there besides I desire they may be asked L. H. Stew. If your Lordship will call upon any other of my Lords that were there they will tell you Lord Stafford I do not know who were there I can't call them L. H. Stew. You may ask any of the Lords of the Council who were there that time Dr. Oats was examined Lord Marquess of Worcester My Lords I was not at the Council then but I heard it not there indeed but as a general Report abroad L. Stafford I desire my Lord Privy Seal may tell what he knows of it Lord Privy Seal What is it your Lordship would know of me L. Stafford Whether Oats did not say he had no more to accuse Lord Privy Seal Where my Lord L. Stafford At the Council Table Lord Privy Seal 'T is a very hard thing for me to charge my memory with all the Questions at an Examination we use to refer to the Examinations themselves I have seen some Examinations I wish all were so wherein the Questions are put down as well as the Answers and I cannot charge my memory that he said he had no more to accuse L. Staff I desire then all the Lords of the Council that are here to say whether or no he was not asked this Question particularly by my Lord Chancellor and I desire particularly his Lordship would say whether he can't remember it whether he had any thing to say against some Lords and he answered they were to know of it but God forbid he should accuse them L. H. Stew. When should that be L. Stafford My Lords I can't say the day for I was not in Town But I desire to ask whether you did not ask him upon the first Discovery of the Plot whether he had any thing to say against some Lords L. H. Stew. Do you desire to know whether I asked him this Question if he had any thing to say against some Lords L. Stafford I do not say positively your Lordship but whether that Question was not asked him L. H. Stew. Certainly I should never ask any such Question of any man alive I might ask in general of any Lord but not of some L. Stafford Some or other Lords it was L. H. Steward I don't remember it and 't is impossible for any man living to remember what Questions he did ask two or three years ago upon an Examination L. Stafford I desire I may have leave to ask the Earl of Berkley a Question L. H. Steward What is it you would ask him L. Stafford My Lords I humbly ask his Lordship whether he did not hear Dr. Oats say after he had accused some persons before the Council that he had no more to accuse Earl of Berkley My Lords I had the Honour to be of the Privy Council about the time of the Discovery of the Plot but I do not remember that I heard Dr. Oats say any such thing there L. Staff Or in the House of Lords for I may mistake And therefore I desire my Lord of Berkley would declare what he heard Dr. Oats say before the House of Lords Earl of Berkley Yes my Lords in the Lords House I will tell your Lordships what I remember My Lord Chancellor to the best of my remembrance did ask Dr. Oats at the Bar of the House this Question My Lords desire to know if you can accuse any other Person or Persons of what Quality soever and you are incouraged by their Lordships to Accuse them His Answer was My Lords I have no more to accuse in relation to England but in relation to Ireland I have L. H. Steward That was after he had accused your Lordship my Lord Stafford Sir W. Jones We pray my Lords we may have the favour to ask that very Honourable Lord at what time Dr. Oats said this for the satisfaction of those that are present Earl of Berkley My Lords it was after Dr. Oats had accused my
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
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
you could give an account of every day Lydcot I did not think any Question of this Nature would come on the stage there is my Lords Steward can give a very good account of this by his Account Books which are all ready to be produced he can tell where my Lord was by laying out such and such moneys And 't is an hard thing to give a Testimony after so many years of a thing that we thought not would ever be a Question L. H. Steward Let us see your Notes Lydcot My Lords I will read it to your Lordships L. H. Steward When was this written Lydcot I took this out of another Book L. H. Steward When Lydcot Lately since Mr. Turbervill's Narrative came out Sir Will. Jones Oh I desire that may be observed L. Stafford If your Lordships please I desire that he may bring his Books Oh oh will not condemn me but Law and Justice I am not to be run down with Oh oh or what such impudent Villains as these say L. H. Stew. Read what you have there Lydcot From Liege we set forth to Paris January 1. 72. where we staid three weeks and arrived thence at London January 24. there we staid till May 73. and from thence we went to Liege again in June and from Liege we set forth to London in August and returned October the 3d. 73. L. H. Stew. Were you all the while between August and October in London Lydcot I am morally certain that I did not go from my Lord all that time L. H. Stew. Where were you after October Lydcot Which October if your Lordship please L. H. Stew. October 73. Lydcot At Liege for we returned to Liege at October the 3d. and then after this my Lord sent me into England I left him at Liege and from thence I set out for England and in January I returned to Liege which was the greatest part of time that I was ever absent from him L. H. Stew. And was he at Liege are you sure all that time from October to January Lydcot Yes except he fled For I sent Letters by the Foreign Post and received Letters by the Foreign Post every week And his Account-Books will speak it Sir W. Jones My Lords we desire to ask him one Question since he can give so exact an account whether my Lord Castlemain was in England 72 and how much of that year Lydcot Yes Sir W. Jones How many months of the year 72 was he in England Lydcot I read it before We arrived from Liege to London January 24. 72. and staid at London till May 73. L. H. Stew. But where was my Lord all the year 72 Lydcot Pray my Lords do you mean New stile or Old stile L. H. Steward When I speak of his being at London I mean the stile of the Countrey Sir William Jones Then under favour he speaks of the latter part of the year I desire to know whether my Lord for all the former part of the year was in England L. H. Stew. Where was my Lord in December 72. and in November before that and in all the year up backwards Lydcot My Lords I have told you the whole year L. H. Steward But where was my Lord from January 71. to January 72 Lydcot In 71. June 19. New stile we came to London and returned in September to Liege from Liege we set forth to Paris January 1. 72. and arrived at London January 24. L. H. Stew. He runs past the time Sir Will. Jones My Lords we ask him a plain Question but he does not answer it he slips over the time that we desire your Lordships to ask him about L. Stafford I beseech your Lordships that it may be made plain that there may nothing be said afterwards that it was not plain Lydcot Sir Do you propose any thing to me and I will answer it Sir Will. Jones Answer not us answer my Lords Lydcot I desire any body may peruse my Notes if they please L. H. Stew. Pray Sir answer the Question whichin very short terms is this where my Lord Castlemain was all the whole year 72. Lydcot Well my Lords I will I can but read it over again From Liege we set forth to Paris January 1. 72. L. H. Stew. Are not you a rare Fellow now Lydcot My Lords I understand it according to the stile of that Country when I am there and of this place when I am here L. H. Stew. Answer me according to our stile Lydcot This that I have written here in the Book out of which I took it hath been written ever since that time and I did not think I should er'e be called to account about it L. H. Stew. Begin January the 1st 71. Lydcot We went from Liege to Paris where we staid about a week or such a time and we arrived at London January 24. that is the Old stile and staid at London till May 8. 73. L. H. Stew. That is impossible for you ' scape a year and a half to together Lydcot My Lord was here in England in January L. H. Stew. You begin very gravely with January stylo veteri that you came from Liege and so January 24. stylo veteri you came to London Lydcot When I speak of any style I understand it according to the style of the Country L. H. Stew. But in your account what is become of all the time from January 71. to January 72. say and swear if you can where my Lord was all that time Lydcot He must be in London L. H. Stew. Can you take it upon your Oath that my Lord was in London from January 71. stylo veteri to May 73. stylo veteri Lydcot I cannot know how to count better than I have done L. Stafford Mr. Turbervill says my Lord Castlemain was in 73. at Powis-Castle I beseech your Lordships this man may be asked and that without any interruption where my Lord was that year Sir Will. Jones With your Lordships favour I must desire your Lordships to ask Mr. Turbervill whether he did say positively the year â—3 for if my Ears and my Notes do not fail me he said As he remembred and that is the reason why we ask about the year 72. Mr. Turbervill My Lords I do not say positively nor cannot which year it was Lydcot My Lords I do stand upon it that he was in London January 72. and went away May 73. L. H. Stew. What becomes of the mean time between January 71. and May 73 Lydcot My Lords I explain my self as well as I can L. H. Stew My Lord Stafford will you call any more Witnesses L. Stafford Yes my Lord. L. H. Stew. Call them then Earl of Shaftsbury My Lord High Steward I desire my Lord Stafford may be asked how many Witnesses my Lord hath more for it now grows late L. H. Steward My Lord I desire to know how many Witnesses you have more L. Stafford Three or four I can't well tell how many Lords Adjourn Adjourn
Lord. High Steward Is it your Lordships pleasure that we do Adjourn Lords Ay Ay. L. H. Steward Then this House is Adjourned into the Parliament Chamber Then the Lords returned in their former Order to their House and the Commons went back to their House Mr. Speaker resumed the Chair and a Message from the Lords was sent by Sir Timothy Baldwin and Sir Samuel Clark Mr. Speaker The Lords have sent us to acquaint this House that they have Ordered the Prisoner William Viscount Stafford to be brought again to his Tryal at the Bar in Westminster-Hall to morrow morning at Ten of the Clock The Fourth Day Friday December 3. 1680. ABout the Hour of Ten in the Morning the Lords Adjourned into Westminster-Hall and returned in their former Order into the Court there erected and Mr. Speaker having left the Chair the Commons were seated as before mentioned The Court being sat Proclamation for Silence was made and the Lieutenant of the Tower commanded to bring his Prisoner to the Bar which being done the Lord High Steward spake to the Prisoner as followeth L. H. Steward My Lord Stafford your Lordships Defence took up yesterday All the day was employed in hearing your Lordships Witnesses to impeach the Credit of the Testimony that hath been given against you Your Lordship hath excepted against Dugdale because you were not at Tixall as he says you were neither the latter end of August nor the beginning of September till the Twelfth and when you were there you never sent for him to your Chamber but your Man upon his own desire brought him and when he came there the business was to desire you to get leave that he might go to the Race and there was no opportunity of private Discourse because your Men were in the Room all the while That Dugdale hath often said he knew nothing of the Plot that he swore falsly when he said he told of the Letter about the death of Sir Edmunbury Godfrey before it was known he was killed and when he said that Hobson told him presently after the Almoner went over which was three years before Hobson came to my Lord Aston's Service Your Lordship hath likewise objected that he hath corrupted persons to swear falsly against you and others as Robinson the Upholsterer against your Lordship Morrall the Barber against Sir James Symons and Holt the Blacksmith to swear that one Moor carried away Evers Your Lordship hath endeavoured to discredit Oats by his saying he knew nothing of any other persons that were concerned in the Plot and after accusing the Queen Your Lordship hath Impeached the Credit of Turbervill by proving that you came home by Diep and not by Calice as he says you did That you had never the Gout while you were in France nor as your Page says for these seven years That my Lord Castlemain was not at my Lord Powis's in the year 73. and there you left off This I take is the Sum of what your Lordship says if I do you any wrong your Lordship will put me in mind of it L. Stafford I thank your Lordship you have done it with great Equity and Truth L. H. Stew. Then go on L. Stafford The next Witness that I call is one John Porter Who stood up L. H. Stew. What is your Name Witness John Porter L. H. Stew. What Profession are you of Porter A Butler L. H. Stew. To whom Porter To my Lord Powis L. Stafford My Lords I desire your Lordships would ask him what Mr. Turbervill said about the Plot. L. H. Stew. I will ask him all the Questions your Lordship desires I should ask him Mr. Foley We desire to know what Religion he is of L. Stafford I desire your Lordships would ask him that Question and not the Managers L. H. Stew. They will tell me their Questions my Lord and I will ask them L. Staff They ask him my Lords and not you L. H. Stew. What Religion are you of Porter A Church of England man my Lords Mr. Serj. Maynard The Popish Church of England I believe L. Stafford Pray my Lords let not this be when my Witness says he is of the Church of England they cry he is of the Popish Church of England Mr. Serj. Maynard Pray good my Lord we are silent when you ask him proper Questions and make no Remarks we do not speak it to the Court we may say what we will among our selves I hope L. Staff I may ask impertinent Questions because I do not understand so well as these Gentlemen But I pray they may not deal thus with me L. H. Stew. My Lord you shall ask what Questions you please L. Stafford Pray ask him what Mr. Turbervill said to him about his knowledge of the Plot. L. H. Stew. What did Turbervill say to you about his knowing of the Plot Porter About a year since when I served my Lord Powis as Butler there he was used to come and see me it was not at my Lords House but he sent for me to a Victualling-House L. H. Stew. That was the last year Porter Yes L. H. Stew. What time of the Year Porter It was about Twelve Months ago I cannot say positively the time L. H. Stew. Was it Winter or Summer Porter He hath been both I can't be positive which I believe he hath been there 40 times L. H. Stew. In the year 80 or 79 Porter In the year 79. L. H. Stew. What did he say Porter He came there and asked me how my Lord Powis did and said he was extremely troubled that he was in that Affliction for he did verily believe that neither he nor the rest of the Lords were in the Plot and the Witnesses that swore against him he believed were perjured and could not believe any thing of it L. H. Stew. Have you any more to say Porter Yes my Lords I told him if there were such a thing as a Plot he having been beyond Sea must certainly know of it he told me as he hoped for Salvation he knew nothing of it neither directly nor indirectly against the Kings Sacred Person nor the Subversion of the Government And he further said Although I am a little low at present and my Friends will not look upon me yet I hope God Almighty will never leave me so much as to let me swear against innocent Persons and forswear and damn my self L. H. Stew. Where was this said to you Porter At the Ship Alehouse in Lincolns Inn Fields one time another time at the Kings Head Tavern in the Strand and another time at the Golden Ball in the Strand L. H. Stew. Was any body by besides your self Porter Not at that time but there is a Gentleman in Court that can testifie that he said such things at other times L. H. Stew. What say you to this Turbervill Mr. Turbervill I say 't is all false But if your Lordships please I 'll tell you what I said once I did conceive my Lord Powis was
the least concerned of any I thought and I hoped it would prove so I can take all the Oaths in the world I said no more L. H. Stew. What else do you know Porter Only such things as these he hath often said Earl of Shaftsbury Pray my Lords ask him how came Turbervill to talk of Witnesses about the Plot. L. H. Stew. Upon what occasion came Turbervill to talk of these matters Porter It was only voluntary of himself it was speaking of my Lord Powis and the rest of the Lords in the Tower Earl of Shaftsbury My Lords I mean of his own being a Witness L. H. Stew. How came Turbervill to say he hoped God Almighty would never forsake him so far as to let him swear against innocent Persons he was never called to be a Witness Porter But my Lords some of his Friends did say they were fearful of him in regard he was reduced to poverty His Friends were fearful L. H. Stew. Who were fearful Porter His Brother and Sister Mr. Turbervill and his Wife L. H. Steward Did he take notice to you that they were afraid he would come in Porter Yes Mr. Turbervill did tell me himself that they heard he would come in L. H. Stew. Have you said all you have to say Porter My Lords that is all I have to say L. H. Stew. Then call another my Lord. L. Stafford Where is Mr. Yalden Who stood up L. H. Steward What is your Name Witness Yalden L. H. Stew. Your Christian Name Witness John L. H. Stew. What is your Profession Yalden A Barrester at Law L. H. Stew. How long have you been called to the Bar Yalden I was called to the Bar last Trinity Term 12 months L. H. Stew. What House are you of Yalden Grays-Inn L. H. Stew. Are you a Practiser Yalden Yes my Lords L. H. Steward What Religion are you of Yalden Of the Church of England L. H. Steward Well what can you say Yalden I am summoned to appear by Order of this House and I desire to know of my Lord what he is pleased to examine me about L. Staff What Mr. Turbervill hath said in his hearing about the Plot. L. H. Stew. What Discourse hath passed between you and Turbervill about the Plot Yalden My Lords in February or March last I was walking in Grays-Inn-Walks with Mr. Turbervill and Mr. Powell and he dined with me a day or two after and there Mr. Turbervill and I were talking of the Distractions of the Times how Trade was ruined how the whole Kingdom was out of order and he was a little touched at some things and cryed out Go Dam me now there is no Trade good but that of a Discoverer but the Devil take the Duke of York Monmouth Plot and all for I know nothing of it L. H. Stew. That is odd that he should say it was a good Trade to be a Discoverer and at the same time say he knew nothing of the Plot. Yalden This I understood to be his meaning he cursed himself and them because he knew nothing of the Plot to discover for he would have got money by it as I understood as well as others Mr. Turbervill My Lords Mr. Yalden did declare yesterday he was summoned in by my Lord Stafford the last night and that he had nothing to say but what was by Hear say Mr. Yalden My Lords I do declare what I say is true and yesterday Mr. Powell gave me a Caution to take heed what I did and swore by God it would else be the worse for me L. H. Steward Who did Yalden Mr. Powell L. H. Steward Who is that Yalden Mr. Turbervill's Friend And I said I do not appear here as a voluntary Evidence but by an Order of the House of Lords I do not know what weight my Evidence may have for I can say nothing but what I heard him say and so perhaps it will be taken but for an Hear-say Mr. Turbervill You said you knew nothing but by Hear-say L. H. Stew. Will you ask him any Questions Gentlemen Managers No my Lords L. Stafford My Lords I shall not trouble your Lordships with any more Witnesses as to these Points I have here a Copy of the Warrant for the Yaught to go to Diep and if there be any Question whether I did come over from Diep at Christmas 75. if you please the Book may be searched L. H. Stew. My Lord it is all lost for I hear not one word L. Stafford I say my Lords if it be fit to trouble your Lordships with it I can prove that I did come over in the Yaught from Diep at Christmas 75. Here is the Copy of the Warrant for it to go for me And whether you will have it proved that I did come over thence I submit to you L. H. Steward I suppose that is fully proved already that you did come by Diep Managers We do not deny it L. H. Stew. You do not stand upon it Gentlemen do you Managers No no my Lords L. H. Stew. 'T is admitted to you my Lord. L. Stafford My Lords when I went from your Lordships Bar last night I had no thoughts of examining any Witnesss but what I have already done But my Lords since I was here there hath something happened about which I desire Dr. Oats may be called again I shall give you the reason why I move it afterwards upon something I heard yesternight L. H. Stew. Call Dr. Oats again Who appeared and stood up L. H. Steward My Lord what does your Lordship call him for L. Stafford He did say that he being a Minister of the Church of England did seemingly go over to the Church of Rome or some such words I desire he may answer that first L. H. Steward What say you Dr. Oats Yes I did say I did but seemingly go over L. Stafford I desire to know whether he was really a Papist or did but pretend Dr. Oats I did only pretend I was not really one I declare it L. H. Stew. What do you make of that L. Stafford I desire to know how long Dr. Oats was in Spain Dr. Oats My Lords I came into Spain in May and I came home again in November L. H. Steward That is six months L. Stafford He is called Dr. Oats I beseech your Lordships to ask him whether he were a Doctor made at the Universities here or abroad Dr. Oats My Lords if your Lordships please any matter that is before your Lordships I will answer to it but I hope your Lordships will not call me to account for all the Actions of my life whatever Evidence is before your Lordships I will justifie L. H. Stew. The Doctor hath never taken it upon his Oath that he was a Doctor and why do you ask it L. Stafford He is called a Doctor and I would know whether he did never declare upon his Oath that he took the Degree at Salamanca Dr. Oats My Lords I am not ashamed of any thing I
Godfrey said he I hear he was an active Justice of the Peace against the Papists and he made this inference We had need have a care what we do for we shall be all sacrificed Sir Will. Jones My Lords will your Lordships be pleased to observe that yesterday there was some Witnesses called to disparage Mr. Dugdale And the first man as I can remember was a very substantial Gentleman called Mr. Robinson I think he was not able to give an account of his Employment but he was a Gentleman that lived upon his Money I remember those were his words My Lords we shall call without telling you what they will say some Witnesses to prove the Condition of this Gentleman what Reputation he is of and what is his Conversation And we first call my Lady Gerard. L. Stafford My Lords pray give me leave to say one word but 't is no great matter 't is not worth the speaking L. H. Stew. What can you say my Lord L. Stafford It was only a thought of my own not worth troubling your Lordships with Then the Lady Gerard appeared and was sworn L. H. Stew. Does your Ladyship know one William Robinson Lady Gerard. No my Lords Sir W. Jones He hath several Names we desire he may be called L. H. Steward Call Robinson the Upholsterer He was called but appeared not Sir W. Jones I perceive we mistake one Lady for another We desire Mr. Booth a Member of the House of Commons may be Sworn VVhich was done in his place L. H. Steward My Lord Stafford send for Robinson your Witness L. Stafford I believe he is here but if he be not one that belongs to me I have sent to see for him whether he be a good or a bad Witness I do not know personally Sir VV. Jones Mr. Booth knows him very well he saw him yesterday and so we may venture to ask him the Question L. H. Steward Did you see Robinson the Witness yesterday Mr. Booth Yes my Lords I did L. H. Stew. Do you know him Mr. Booth My Lords I do know him very well though I have not seen him often for indeed my Lords he behaved himself so the first time that I saw him that I believe I shall never forget him My Lords I am better acquainted with his Character than his Person though I know the man very well and truly the first time that ever I was in his company he gave me no incouragement ever to desire it again for if you please I 'le tell you how I came to know him He told your Lordships that he came into Cheshire at a Cocking it was at that time that I saw him for upon the Sunday after the Cocking I was invited to a Neighbours about two miles from home We were set down to Dinner and we had not sat long but this man comes into the Room where we were there was an empty place at the lower end of the Table and he sits him down and began a discourse to ridicule the Lords day in such a manner as I never heard the like And the rest of his discourse was full of a great deal of Contempt of God Almighty and all that was sacred All his discourse at Dinner was very prophane It was not in mine own House and because it was not taken notice of by the Master of the House and he coming under the protection of a young Gentleman I did not what else I should for I should have made him hold his tongue or have used it to better purpose The whole of his discourse was so Atheistical and prophane that I never heard the like in my life When dinner was done he used a great many inticements to draw the Company into play by asking what would they say if they should see such and such things to be done and at length he pulls out a great many Dice out of his pocket and behaves himself in that manner as people do that would draw in others to play and they that had better skill in it than I said that they were all false When I saw this I desired him to leave our Room or to forbear for said I if this be the entertaintment of the day I must leave the Company then they commanded him to desist This is all that I do know of my own knowledge But I shall acquaint you what I believe for I have heard it from very considerable persons whom I dare credit for the man run much in my mind because I never saw so ill a man in my life Coming home I was speaking to some of my Family says I Yonder I met with the strangest fellow that I ever saw in my days he is fitter to be hanged than any thing else Oh Sir said they there is such a fellow hath cheated I know not how many at the Town where the Cocking was The next day I think it was or shortly after I had occasion to go to that Town and many people came and complained to me of his Cheats to a very great degree They asked me what they should do said I you have nothing to do but indite him for a Cheat. Why said they will you take no course with him Said I What course can I take I am turned out of the Commission of the Peace else I know enough to bind him to the good behaviour After this I had occasion to go into Lancashire and there I found he was better known than trusted There were very loud Complains against him and some would have given Twenty pound to meet with him I heard afterwards he went into Staffordshire and he changed his Name where ever he went but he soon discovered himself and all thereabouts he goes for a notorious Cheat. This is all I can say of him L. Stafford My Lords Be pleased to give me leave to say one word I assure you if I had thought this man had been such a fellow as now he proves I would not have brought him before you I never knew what he was in my life nor heard of his Name till Saturday last L. H. Stew. It may be so my Lord. But your Lordship must take notice that this is the man that gave the most important Evidence that Dugdale should corrupt him to swear against you for money L. Stafford Give me leave to observe upon that my Lords That if Dugdale knew him to be a cheating fellow he might think him the liker to take money to forfwear himself Sir Will Jones My Lords we shall not reply now but observe anon how this cheating fellow comes to swear for my Lord at this time But we desire an Honourable Peer of this House may give some account of him and that is the Noble Lord the Earl of Maclesfeld I think he may be known to your Lordships Then the Earl of Maclesfeld stood up L. H. Stew. Pardon me my good Lord my Lord must be sworn E. of Maclesfeld Before I am sworn I would know of your Lordships
I do not think we shall need to trouble your Lordships more with this matter that my Lord was lame sometime he is pleased to confess One Witness says that he put his Foot on a Cushion my Lord does not acknowledge that L. Stafford I was never lame at Paris Sir VVill. Jones That a man that is lame does sometimes ease his Foot is no hard Consequence I think L. Stafford I deny I was lame then I walked about the streets of Paris I desire I may not be misunderstood Sir VVill. Jones I must then desire under his Lordships favour if he will not acknowledge it to be within seven years that we may prove it and falsifie his Witness the Page L. Stafford I have gone with a stick to the House I acknowledge it and been lame with weariness Sir Fr. VVinn The Objection went to the Credit of our Witness and therefore we desire to answer it my Lord was not lame as he says for so many years but if we prove that within less time my Lord hath been lame it will take off that Objection from our Witness And we desire a Noble Lord or two of this House may testifie what they know And first the Earl of Stamford who was sworn Earl of Stamford My Lords I think I have not had the honour to sit in this House much above seven years but long since that time I have seen my Lord Stafford come lame into the House of Peers and that is all I can say L. Stafford I have come lame with a stick to the House I say Sir Fr. Winn. My Lords we desire that Noble Lord my Lord Lovelace may be sworn which was done Lord Lovelace My Lords the Account that I can give your Lordships is this I cannot ascertain any time but I am sure and I do declare it upon my Honour and the Oath I have taken that I have seen my Lord Stafford lame in the House of Lords within less than this seven years L. Stafford If he goes home to the Tower he may see me lame but never put my Foot upon a stool Sir Will. Jones My Lords your Lordships will be pleased to remember we did call a Witness one Thomas Launder and the account we had of him was he was gone sick from the Bar he was very sick indeed but being just now brought we desire he may be heard though it be out of time we call him to the Reputation of Holt. Thomas Launder was sworn Sir John Trevor Do you declare to my Lords whether you know Samuel Holt Launder Yes my Lords I do L. H. Steward What do you know of him Launder He is a Smith my Lords L. H. Steward What Reputation is he of Launder Indifferent my Lords Sir William Jones What do you mean by that good or bad speak plainly Launder A Drunken Sot a man that will Drink and Rant and Tear the Ground and sing two or three days or a week together and lose his time Sir Fr. Winn. I would ask this man whether he was summoned as a Witness upon any Tryal in relation to the Plot L. H. Stew. Were you ever summon'd as a Witness about the Plot Launder My Lords I was summon'd concerning my Lord Aston's Tryal and I came up with my Lord Aston's people as an Evidence Sir W. Jones Had you any offer of money and what sum Launder Yes my Lords Sir Fr. Winn. Acquaint my Lords with it L. H. Stew. Who offered it you and when and for what Sir Will. Jones For what was that money offered you Launder The money was not absolutely offered me but I was to have an Horse to ride on and money in my Pocket if I could take off James Ansel Dugdale's Evidence L. H. Stew. Who came and offered it to you Launder I was sent for by Mr. Fox to Tixal Hall and there was my old Lords Brother for one and Mr. Thomas Aston that is this young Lords Brother and Mr. Francis Aston who is my Lords eldest Son were in a Room together and this Thomas Sawyer that was here and more were in the Room when they promised all these things L. H. Steward If you would do what Launder If I would take my Oath that this James Ansell was a Perjured Rogue L. H. Stew. Did all they make you this promise Launder Yes my Lords Mr. Fotey It was a Consult together about taking off the Evidence Sir Will Jones My Lords we have done with our Witnesses if my Lord Stafford please to conclude we are ready to do so too L. Stafford What should I conclude about those Witnesses you have now brought in Sir W. Jones Your Lordship may please to conclude your Evidence we are ready to conclude on our part L. Stafford These new Witnesses must I say what I can say against them presently I cannot do it I know very few of them L. H. Steward Have you any Witnesses here my Lord L. Stafford I cannot possibly have any For I did not know nor guess these people would be brought against me They are persons I know nothing of Ansell I have seen four or five times I may have seen the rest but I do not know them to be able to give an accompt of them L. H. Stew. If you have any Witnesses here to support the credit of your own Witnesses that have been impeached you may call them L. Stafford I have none my Lords L. H. Stew. Will your Lordship recapitulate the material parts of your Defence that the Process may be closed L. Stafford I am very unready for it my Lords Let me ask Mr. VVhitby a Question if I must have no more time Mr. Whitby stood up L. H. Stew. There he is what would your Lordship have with him L. Stafford I do not know the Gentleman Mr. VVhitby Nor I your Lordship Lord Stafford I ask him upon the Oath he hath taken I know he will speak truth whether he did not some years ago tell my Lord Aston that is dead this Lord's Father That Dugdale was a Knave and persuaded him to turn him away I say not it is true but I have heard so and desired him to tell his Son so that he might quit himself of him L. H. Steward What say you Mr. VVhitby Mr. VVhitby My Lords about three or four years ago my Lord Aston that is dead I believe it may be two years last April sent for me to dine with him and when I came thither he told me says he Mr. VVhitby I have sent to you to acquaint you with a thing but I do not believe it before I tell it you What is it said I said he Stephen Dugdale hath acquainted me that you have employed persons upon the Water to destroy my Water said I my Lord I never endeavoured it he said he did believe me then I told my Lord said I Mr. Dugdale is a dishonour to the Family upon this accompt because many times people come for money and he will not let them have it
all is done But my Lord I would not have your Lordship to understand me so that if so be you have yet any material Evidence that you think it does concern you to produce and you have it ready to Morrow before you sum up the Evidence I believe then if you move my Lords they will let it be heard Otherwise I think here is an end of Witnesses L. Stafford I desire the Paper I gave in may be returned me L. H. Steward But in order to this my Lord if your Lordship does think you shall use or produce any other Witnesses it would be of importance that you would name them now L. Stafford Truly my Lords I will go hunt for none and I think I shall have none only one thing I must beg your pardon in which is the only thing I must have Witnesses to to answer what they have said that my Lord Aston would not come to accompt My Witnesses are very near me Mr. Lieutenant some in the Tower and one Mr. Birch L. H. Steward My Lord Stafford bring those to morrow that you name to night L. Stafford If you please that I may have that Paper Wright's Letter E. of Shaftsbury My Lord Steward I desire that Letter may be kept L. Stafford It is a Paper that was given me and I would return it if you won't allow me it I can't help it L. H. Steward 'T is desired it may remain where it is But your Lordship may have a Copy if you please attested by the Clerk Is it your Lordships pleasure to Adjourn Lords Ay Ay. L. H. Steward This House is Adjourned into the Parliament Chamber Then the Lords withdrew in their Order and the Committee of Commons returned to their House where Mr. Speaker resumed the Chair A Message was sent from the Lords by Sir Timothy Baldwin and Sir Samuel Clark Mr. Speaker The Lords have sent us to acquaint this House That they have Ordered William Viscount Stafford to be brought to his Tryal at the Bar in Westminster-Hall to Morrow morning at Ten of the Clock The Commons Adjourned to Eight of the Clock the next Morning The Fifth Day Saturday December 4. 1680. ABout the hour of Ten in the Morning the Lords Adjourned into VVestminster-Hall going thither in their former Order into the Court there erected and Mr. Speaker having left the Chair the Commons were seated as before The Court being sat Proclamation for silence was made and the Lieutenant of the Tower commanded to bring his Prisoner to the Bar which being done the Lord High Steward began as followeth L. H. Steward What says your Lordship my Lord Stafford My Lords are pepared to hear what your Lordship can say in the summing up of your Defence L. Stafford My Lords I must needs say to your Lordships That you have given me Favour and Time all that I could demand But I am a very unfortunate man in many things unfortunate in being brought hither upon this Accompt and truly my Lords I am very unfortunate That I had not yesterday before I went away the Names of some material Witnesses and some that I did not know of till within this half quarter of an hour I humbly offer this to your Lordships consideration as the state of my Case 'T is true my Lords I acknowledge I was bound up to Mr. Lieutenant and some others that I named but I humbly tell your Lordships this That I am Informed of some material Witnesses more this morning L. H. Stew. Are the Witnesses you speak of any of the Witnesses you named last night L. Stafford No my Lords 'T is one of my Lords a Peer of this House L. H. Stew. How many more have you L. Stafford Five or six L. H. Stew. To what Point L. Stafford To discredit the Witnesses that have been brought against me both some of those that have discredited mine and some that have sworn against me particularly L. H. Stew. There is no End of this way of proceeding L. Stafford My Lords I profess to your Lordships in the presence of God I do it not for delay nor did I know of them then L. H. Stew. What say you to it Gentlemen Sir VVill. Jones My Lords I am afraid this proceeding at this rate will never have an end If his Lordship have any Witnesses to any material part of his Defence though he hath bound himself up I should not be against hearing of them But if his new Witnesses are only to the Reputation of our Witnesses then perhaps we must have some other Witnesses brought to discredit his and we not knowing who these new Witnesses of his would be may need perhaps another day to bring Testimony against them so that I know not when the matter can have an end Your Lordships know there is a Rule in the Civil Law In testem testes in hos sed non datur ultra And I hope beyond that you will not go Truly for my own part I did not expect any other Witnesses but those he was pleased to name last night in relation to the matters of Accompt If he please to call them we shall hear them but for any other considering it would prolong the Tryal to another day and this Cause hath had four days already for Hearing we hope they shall not be admitted L. Stafford My Lords I profess to your Lordships if I were alone concerned in it I should not have moved it but when I consider my Wife and Family are concerned I hold my self bound by the Duty I owe to God and them to propose this to your Lordships I am pressed to it by my Wife just now since the House came in I protest before God for my self I can look Death in the face without being afraid but when I consider in what condition I shall leave my Wife and Family it moves me Then he wept I am not concerned at it for my own part for I know I am innocent but I cannot forbear Tears when I consider them 't is not for my self I take God Almighty to witness that I weep I could be content to speak a few words to your Lordships and submit to your Judgment and take my death if you decree me to it and not defer it till Munday But I cannot forbear shewing my Grief when I consider my Wife and Children L. H. Stew. Pray Gentlemen consider whether it be not a saving of time to let my Lord examine his Witnesses else my Lords must withdraw to consider of his desire 'T is true in the practice of Chancery we do examine to the credit of Witnesses and to their credit but no further but what my Lords will do in this Case I know not till they are withdrawn Sir VVill. Jones My Lords we have that Opinion of our own Proofs and are so desirous of an End of these Proceedings that rather than we will give your Lordships the trouble to withdraw if my Lord will please now to tell us the number
Lord Aston's Servants that I desire to observe of him first And what does he say He saith That Dugdale went away for Debt The contrary to which was apparently proved for we by our Witnesses made it manifest that Dugdale went away for the matter of the Plot the fear and dread he was in upon that score and the circumstance of his being apprehended by the Watch at Night in his Flight and how he was put to take the Oaths do manifestly prove this But he says another thing which I desire may have no weight with your Lordships that Dugdale should threaten that because my Lord Aston would not own him for his Servant he would be revenged of him Truly if my Lord Aston were here to be tried it would have some weight But to think if it were true that he had so sworn that therefore he would be so wicked as to do mischief to another man that he would be revenged of every man of that Religion or of every man that came to my Lord Aston's House That cannot be imagined So I cannot see what great stress my Lords the Prisoner can lay upon it as to the present Tryal which concerns my Lord Stafford But My Lords I desire to observe that he says further That when Dugdale went away there was a discourse of a Plot this he helps out Dugdale in and that there was a discourse of the killing of a Justice of Peace So that certainly it does shew that Dugdale was apprehensive of the Plot. And as to that which he is pleased to say That Dugdale should deny his knowledge of the Plot and take Drink and with Execrations forswear it it will be no manner of Objection at all For I shall have occasion to shew hereafter that Dugdale at that time was very far from revealing the Plot he had been so long ingaged in he was in apprehension of the danger of his own life and Southall tells you how and when he revealed it and by what inducements he was prevailed upon to do it The next Witness my Lord called was Philips the Minister of Tixal and truly all that I can accuse him of is want of Memory and that is no fault in a man that perhaps is very studious and careful in his Imployment as I hope he is He tells you that whereas Dugdale swore at a former Tryal that he acquainted Mr. Philips with the death of a Justice of Peace of Westminster on the Munday that he did not acquaint him with it that is he does not remember it for no man that swears a Negative can swear more But whether Mr. Philips Evidence be of any consequence to us we submit to your Lordships consideration when we oppose to his want of Memory two Witnesses that swear he was by when this News was told and we are told likewise as a confirmation of that by two Gentlemen of Quality that the report of such a thing was spread abroad all over that Country before it was possible for it to come by the way of ordinary Intelligence whether therefore what Mr. Philips testifies proceeds from any other cause than want of memory in Mr. Philips I must leave to your Lordships consideration But this I would observe to your Lordships that when Mr. Philips was asked by my Lord whether or no Dugdale were a person likely to perjure himself he could not say so Nay being asked of what Reputation he was of he said by some he was very well spoken of by some but indifferently but I do not remember that he said he was ill spoken of by any So I think Mr. Philips has rather advanced than prejudiced Mr. Dugdale's Reputation and Credit My Lords I think I may lightly pass over the three Justices of Peace that were brought to give an Account of Dugdale's behaviour before them and not mention them distinctly because they swear all to the same purpose That Mr. Dugdale was apprehended upon suspition of the Plot that he took the Oaths that he was invited and urged by them to make a discovery of the Plot which he then denied to have any knowledge of For all this will be answered when we come to re-mind Your Lordships of Mr. Southall's Testimony His Lordship was pleased in the next place to offer to prove Dugdale an ill Man by endeavouring to suborn Witnesses And in the first place he called Robinson who testified a very unlikely thing that Mr. Dugdale should call him in the Street and bring him to an House and offer him Money to swear against my Lord Stafford which Money he had in an Handkerchief but did not tell him what particulars he should swear to Nay and this after he had told him he could swear nothing And it does not appear that Dugdale had any manner of knowledge of him or that this Gentleman Robinson had any knowledge of my Lord Stafford So that it was a very rash and presumptuous thing that Dugdale should attempt a man that he knew not and a very imprudent thing that he should suborn a Witness to swear against a man that the Witness to be suborned did not know But I shall say no more of him because I think upon the Account that has been given of him by a Noble Earl of this House and an Honourable Member of the House of Commons if he had said things in themselves probable he deserves not in the least to be believed My Lords next Witness upon the same Head of Subornation was one Morral a poor Barber and what says he He testifies that Mr. Dugdale did offer him 50 l. to swear against Sir James Symons and some others My Lords whether this be probable or no we must leave to your Lordships We have called Witnesses that prove him a man of no Reputation one that runs up and down the Countrey a kind of Vagabond and I think upon the Endeavours that have been proved to have been used as to others it is no very hard matter to bring a man of his Condition to say as much as he hath done The next Witness is Samuel Holt the Blacksmith and he tells such a Story that if it were true would be some Disparagement to Dugdale and what is that He says that Dugdale sent a Man and a Horse for him to bring him to the Star in Stafford and there offer'd him 40 l. to swear that one Moore carried away Evers My Lords how this Story comes in I cannot imagine why Mr. Dugdale should bear any ill will to Moore or what should induce him to intice this man to swear against Moore or what else was in it it doth not appear But no matter what it is for we prove against this man by two Witnesses Rawlins and Lander By the First that he is a man of ill Reputation very zealous to support the Plot and cry down Mr. Dugdale saying that he was a Rogue and all they were Rogues that took part with him And by the other Witness Lander that Holt did
Oats as to the General Matters which he evidenceth of the Plot. What now doth my Lord object against Dr. Oats He call'd no Witnesses against him but only an Honourable Earl of this House I think I may name him the Earl of Berkely And that which his Lordship was pleased to testifie against him was Object That being examined at the House of Lords after he had given a long Evidence against many persons he was asked this Question whether there were any more Persons of Quality he could speak against or could accuse and he said no. Answ First your Lordships will be pleased to observe that this was after he had accused my Lord Stafford my Lord was secured in the Tower long before that upon Dr. Oats his Testimony and so he could not exclude this Lord. But that which it is brought for I suppose is to make him a person of no Credit For after he had said this he proceeded to an Accusation of the Queen My Lords I humbly conceive this may receive a very fair Answer For First my Lords I appeal to your Lordships Memories for I think the Matter was before you all or at leastwise before some of your Lordships that the Accusation which Dr. Oats made of the Queen was not positive nor of his own certain knowledge but Words which he heard spoken in a Room in which he was not himself but coming in afterwards he saw the Queen was there So it was not positive but circumstantial proof and questionable whether what he testified would amount to the proof of one Witness And I must observe in the second place it might not be so clear to Dr. Oats whether the Queen were a Person capable of an Accusation so as to be proceeded criminally against the King and the Queen are to some purposes but one Person in Law 'T is true some Queens have been tryed for Treason but whether Dr. Oats understood that She might be brought to a Tryal may be a Question But that which I rely upon as an Answer and which I desire may be considered is that Dr. Oats had given an Accompt of a great many persons and a great many things he had sworn against several persons some of which were executed some to be tryed and his Narrative against them and of the whole Plot consisted of a great number of particulars Here is a Question comes to the Doctor on a sudden Have you any more to say or can you speak against any other 'T is possible a man that had said so much and of so many might not upon an instant recollect whether he had said all or against all that he could say Nay ' tit easily to be imagined he could not on a sudden comprehend all he had said or could say Therefore that the Answer of a man to such a Question put suddenly to him having so much in his mind and having said so much should be taken so very strictly and to hold him as perjured because he did not at that instant time remember this particular of the Queen I think is a severe Construction His Lordship is pleased further to object against Dr. Oats that he is of no Credit why Because he went to be of the Romish Religion and so was of that Religion which is Idolatry I suppose his Lordship will not call that Religion Idolatry at another time and in another place but it serves his Lordship upon this particular Occasion to call it so but suppose Doctor Oats did out of Levity or for want of being well grounded in his own turn to another Religion he is not the first man that hath done so There have been Men of great Fame in our Church and of great Learning too that have changed their Religion more than once I think he that knew that Famous Man Mr. Chillingworth could not but know he was first a Protestant and afterwards a Papist and afterwards a Protestant again So that unless my Lord could accuse the Doctor of some great Crime or Immorality it will be hard that the matter of changing his Religion should hurt his Testimony I am sure it was happy for us he did change without that we had not had the first knowledge of the Plot nor of many particulars which he could not come to know but by occasion of that Change My Lord was pleased to object that the Doctor was a man subject to Passion and he brought in the Lieutenant of the Tower to speak of some hot Words that passed between them My Lords I will allow the Doctor to be a Man of Passion Nay if my Lord please a Man that is not of the deepest reach but your Lordships will observe that Passionate Men are not often malicious and that a Man who is not of a deep Judgment could never have contrived and invented a Narrative consisting of so many particulars and they so coherent if they were false And if his Narrative be not true he must be indued with more Subtilty and wicked Policy than upon Tryal we can find in him So that what my Lord hath objected as to his Infirmities is no diminution to the truth of what he says but rather a Confirmation of it My Lords The last Witness whom my Lord endeavoured to impeach is Mr. Turbervill and against him my Lord thinks he hath a great advantage But my Lords by that time I have re-minded your Lordships of what hath been already said and what was before proved in Answer to my Lord's Objections against him Mr. Turbervill will stand as clear in this Court as any of the former Witnesses Your Lordships will be pleased to take Notice That Mr. Turbervill was at the beginning when he came to the House of Commons a little uncertain as to matter of Time For when he had made in his Affidavit the times to be 73 and 76 he craved leave to alter it to 72 and 75. Surely my Lords this will be far from being any Imputation to Mr. Turbervill because First he gives the Reason how he came afterwards to understand the Time bettter by viewing his Papers and Letters he likewise gives you an Account and so did Sir William Poultney when he did this the next Morning before any Man in the World had questioned him upon it So that it shews the Man's Care and Conscience both when he is so careful even in matters of the smallest Moment to set things right There is no Man that knows the Practice of the Court of Chancery but knows that for a Man to mend his Answer after it is sworn in a point of Time or other Circumstance is no disparagement to him Nay to do it before the other Party did except or take notice of it is no Objection but rather a Reputation to him And your Lordships will be pleased to take notice that one of the times rectified is of 7 or 8 years the other of 4 years standing And I do not think the worse of a Witness that is not positive
Death of the King For the Party is indicted upon one particular Overt Act but he is indicted for Treason in Conspiring the Death of the King and each of thâ— Witnesses being to prove that though they speak to several Acts they are good Witnesses according to the Law Mr. Baron Weston My Lords I am of the same Opinion with my Reverend Brethren who have spoke before me Mr. Justice Charlton My Lords I am of the same Opinion and I think truly it would be the easiest matter for a man to Commit Treason and escape without questioning if it should be otherwise But this is the first time that I have heard it hath been made a Question that to the same Treason there must be two Witnesses to every Overt Act. It hath been adjudged always according to the Law that to prove Treason there must be two Witnesses but to any Overt Act there needs but onâ— Lord High Steward My Lord Stafford By the uniform Opinion of all my Lords the Judges there is no colour to doubt the Law in that point which you desire to argue So that as to that point you must rest satisfied you are not to have Counsel to speak to it For the rest I have no Commission yet from my Lords to say any thing Lord Stafford Will your Lordships give me leave to say one thing to what I have heard I would answer if I might only to one Judge I think they call him Judge Atkins Lord High Steward Your Lordship may say what you please Lord Stafford My Lords I hear a strange Position I never heard the like before in my life and 't is what he said if I am in the wrong I beg your Lordships pardon and his too He told your Lordships the Reason why the Law should be so was because else a great many of those persons that have already been Executed must have been acknowledged unjustly cut off and put to Death that is an Argument I hope will not weigh with your Lordships or any body for 't is better that a Thousand persons that are Guilty should escape than that one Innocent person should die much more then that it should not be declared that such a Judgment was not well given Lord High Steward Look you my Lord where many Reasons are given 't is easie to make a Reply to one of the least among many that was one Reason given but the true Reason is this if the Law were otherwise there would be great safety in Conspiring the Death of the King Lord Stafford My Lords I say nothing further as to the rest but this stuck with me I am sorry to hear a Judge should say any such thing and though I am in such a weak and disturbed Condition I assure your Lordships my Blood rises at it Lord High Steward Is it your Lordships pleasure that we should Adjourn Lords Ay Ay. Lord High Steward Then this House is Adjourned into the Parliament Chamber The Lords withdrew in their Order and the Committee of Commons went back to their House Mr. Speaker resumed the Chair A Message was sent from the Lords by Sir Timothy Baldwyn and Sir Samuel Clarke Mr. Speaker The Lords have sent us to acquaint this House That they have ordered William Viscount Stafford to be brought again to the Bar in Westminster-Hall on Munday morning next at Ten of the Clock After which the House of Commons Adjourned to Eight of the Clock on Munday morning The Sixth Day Munday December 6. 1680. ABout the hour of Eleven in the morning the Lords being Adjourned into Westminster-Hall going thither in their former Order into the Court there Erected and Mr. Speaker having left the Chair the Committee of Commons were Seated as before The Court being Sate Proclamation for Silence was made and the Lieutenant Commanded to bring his Prisoner to the Bar which being done the Lord High Steward began Lord High Steward Read my Lord Stafford's Petition To the Right Honourable the Lords in Parliament Assembled The humble Petition of William Viscount of Stafford Humbly shewing unto your Lordships that he hath some things to offer unto your Lordships in order to clear himself which he hopeth to do Your Petitioner doth therefore with all humility most humbly beseech your Lordships to give him leave to offer some things unto your Lordships Consideration And your Petitioner shall ever pray c. Stafford Lord High Steward My Lord Stafford my Lords have been willing upon your Petition to come and hear what that is that your Lordship hath to offer And they would know whether it be matter of Fact or matter of Law For your Lordship must know that as to Witnesses the Process is closed Lord Stafford I do not pretend any more Witnesses my Lords Lord High Steward Then my Lord what is it that you would say Lord Stafford My Lords I did Yesterday receive an Order from your Lordships and upon that and some other things that I have to trouble your Lordships with I did petition for this favour which I humbly thank your Lordships for granting If I be impertinent I shall beg your Lordships pardon and I hope you will be pleased to consider my Weakness at all times especially in this condition I am now in but I hope by your Lordships favour to be in an happier one quickly For the matters of proof I shall offer not a tittle but my Lords this Order which I received does say That the Lords Assembled in Parliament have ordered that my Counsel shall not be heard touching the continuance of Impeachments from Parliament to Parliament but I hope my Lords you will please without Offence to let me offer to your Lordships my own Conceptions about it which I shall do as briefly as I can My Lords I do not conceive by this Order That your Lordships say it does or it does not continue You have given no Judgment as I know of in it when you have I shall acquiesce but I hope your Lordships will resolve that it does not And my Lords my reasons for it are two the first is because one of the Managers for the House of Commons as I take it Sir William Jones said these words and your Lordships may remember them That if there were no such President your Lordships would make a President whether you will or no that I must submit to your Lordships but then there is none yet The next thing is my Lords this whether an Impeachment be to be prosecuted in Parliament without an Indictment this my Lords I humbly hope your Lordships are resolved it ought not For I see not how truely my Lords it can be by the little reading which I have had in the Law I never found any man prosecuted in a Legal way but by an Indictment I may be mistaken and I beg your Lordships pardon for troubling you with my mistakes but I never read of any that were prosecuted upon an Impeachment so then the Legal usual word being Indictment
his right name or addition is likewise a just Cause to arrest the Judgment There is likewise another Question how far it may be valued I know not I submit it as I do all to your Lordships Though I am tried upon the Act of 25 Edw. 3 d. yet there is nothing more in that Act than what is included in the Act of the 13 th of this King And I humbly conceive my Lords by that Act and the last Proviso in it a Peer that is accused and found Guilty of the Crimes therein mentioned is to lose his Seat in Parliament those are the words and since 't is so put down in the Act it is so to be understood and that is all the punishment And I humbly demand your Lordships Judgment upon these points whether it be so or no And humbly demand your Lordships Judgments upon these Points whether it be so or no Lord High Steward Has your Lordship any more to say Lord Stafford No my Lords I submit to your Lordships and desire your Judgment in these Points Then the Lords adjourned into the Parliament Chamber and the Committee of Commons returned to their own House and the Speaker having reassumed the Chair the whole Body of the House went with their Speaker to the Bar of the House of Lords to demand Judgment of High Treason against William Viscount Stafford upon the Impeachment of the Commons of England in Parliament in the name of the Commons in Parliament and of all the Commons of England The Commons with their Speaker went back to their House Then the Lords took into consideration what Judgment was to be given upon William Viscount Stafford and it was moved that he might be beheaded After some debate the Judges were asked whether if any other Judgment than the usual Judgment for High Treason were given upon him it would attaint his Blood The Judges were of opinion that the Judgment for High Treason appointed by Law is to be drawn hanged and quartered and in the Courts and Proceedings below they can take no notice of any Judgment for High Treason but that Then Sir Creswell Levinz the Kings Attorney-General desired to be heard on his Majesties behalf which the House gave leave for him to be who said he knew no other Judgment by Law for High Treason but Drawing Hanging and Quartering if any other Judgment were given it would be prejudicial to His Majesty and be a Question in the inferiour Courts as to his Attainder of High Treason Whereupon their Lordships ordered That the Lord High Steward do pronounce the ordinary Judgment of Death upon the Lord Viscount Stafford as the Law hath appointed in Cases of High Treason And a Message was sent to the House of Commons from their Lordships by Sir Timothy Baldwyn and Sir Samuel Clark Mr. Speaker We are commanded by the Lords to acquaint this House That their Lordships are going presently into Westminster-Hall to give Judgment against William Viscount Stafford Mr. Speaker left the Chair The Committee of Commons appointed for the Management of the Evidence against the Prisoner with the rest of the Commons went into Westminster-Hall to the Court there erected to be present when the Lords gave Judgment of High Treason against him upon the Impeachment of the Commons of England After a short time their Lordships were adjourned into Westminster-Hall coming in their former Order into the Court there erected where being seated and the Lord High Steward being on the Wool-sack attended by Garter principal King of Arms the Usher of the Black Rod Eight of the Serjeants at Arms kneeling with their Maces the Ninth Macer making proclamation for Silence which being done the Lord High Steward gave Judgment upon the Prisoner as followeth Lord High Steward My Lord Stafford THat which your Lordship hath said in Arrest of Judgment hath been found by my Lords upon due Consideration had of it to be of no moment at all It is no Essential part of any Trial That the Prisoner should hold up his Hand at the Bar there is no Record ever made of it when it is done the only use of it is to shew the Court who the Prisoner is when that is apparent the Court does often proceed against him though he refuse to hold up his Hand at the Bar therefore the omission of that Ceremony in this Case is no legal Exception as all the Judges have declared And as to the Proviso's in the Statute of the 13th year of this King their Lordships do find that they are in no sort applicable to this Case forasmuch as the Proceedings against your Lordship are not grounded upon that Statute but upon the Statute of the 25. E. 3. And yet if the Proceedings had been upon the latter Statute the Proviso's therein could have done your Lordship no service at all My part therefore which remains is a very sad one for I never yet gave Sentence of Death upon any man and am extremely sorry that I must begin with your Lordship Who would have thought that a person of your Quality of so Noble an Extraction of so considerable Estate and Fortune so eminent a Sufferer in the late ill Times so interested in the Preservation of the Government so much obliged to the Moderation of it and so personally obliged to the King and his Royal Father for their particular Favours to you should ever have entred into so Infernal a Conspiracy as to contrive the Murder of the King the Ruin of the State the Subversion of Religion and as much as in you lâ—y the Destruction of all the Souls and Bodies in three Christian Nations And yet the Impeachment of the House of Commons amounts to no less a Charge and of this Charge their Lordships have found you Guilty That there hath been a General and Desperate Conspiracy of the Papists and that the Death of the King hath been all along one chief part of the Conspirators Design is now apparent beyond all possibility of doubting What was the meaning of all those Treatises which were publisht about two years since against the Oath of Allegiance in a time when no man dreamt of such a Controversie What was the meaning of Father Conyers's Sermon upon the same Subject but only because there was a Demonstration of Zeal as they call it intended against the Person of the King which the scruples arising from that Oath did somewhat hinder To what purpose were all the Correspondencies with Foreign Nations The Collections of Money among the Fathers abroad and at home What was the meaning of their Governing themselves here by such Advices as came frequently from Paris and Saint Omers And how shall we expound that Letter which came from Ireland to assure the Fathers here that all things were in a readiness there too as soon as the Blow should be given Does any man now begin to doubt how London came to be Burnt Or by what ways and means poor Justice Godfrey fell And is it not
apparent by these Instances that such is the frantick Zeal of some Bigotted Papists that they resolve No means to advance the Catholick Cause shall be left unattempted though it be by Fire and Sword My Lord As the Plot in General is most manifest so your Lordships part in it hath been too too plain What you did at Paris and continued to do at Tixal in Staffordshire shews a settled purpose of mind against the King and what you said at London touching Honest Will shews you were acquainted with that Conspiracy against the Kings Life which was carrying on here too And in all this there was a great Degree of Malice for your Lordship at one time called the King Heretick and Traytor to God and at another time you revil'd him for misplacing his Bounty and rewarding none but Traytors and Rebels And thus you see that which the Wise man forewarn'd you of is come upon you Curse not the King no not in thy heart for the Birds of the Air shall reveal and that which hath wings will declare the matter Three things I shall presume to recommend to your Lordships consideration In the first place Your Lordship now sees how it hath pleased God to leave you so far to your self that you are fallen into the snare and into the pit into that very pit which you were digging for others Consider therefore that God Almighty never yet left any man who did not first leave him In the next place Think a little better of it than hitherto you have done what kind of Religion that is in which the Blind Guides have been able to lead you on into so much ruin and destruction as is now like to befall you In the last place I pray your Lordship to consider That true Repentance is never too late A devout penitential sorrow joyn'd with an humble and hearty Confession is of mighty power and efficacy both with God and man There have been some of late who have refus'd to give God the Glory of his Justice by acknowledging the Crimes for which they were condemned nay who have been taught to believe that 't is a mortal Sin to confess that Crime in publick for which they have been absolv'd in private and so have not dar'd to give God that Glory which otherwise they would have done God forbid your Lordship should rest upon Forms God forbid your Lordship should be found among the number of those poor mistaken souls whom the first thing that undeceives is Death it self Perhaps your Lordship may not much esteem the Prayers of those whom you have long been taught to miscal Hereticks But whether you do or no I am to assure your Lordship That all my Lords here even they that have condemned you will never cease to pray for you that the end of your life may be Christian and Pious how Tragical soever the means are that must bring you thither And now my Lord this is the last time that I can call you My Lord for the next words I am to speak will Attaint you The Judgment of the Law is and this Court doth Award That YOU go to the place from whence you came from thence you must be drawn upon a Hurdle to the place of Execution When you come there you must be hang'd by the Neck but not till you are dead for you must be cut down alive your Privy-Members must be cut off and your Bowels ript up before your Face and thrown into the Fire Then your Head must be severed from your Body and your Body divided into four Quarters and these must be at the disposal of the King And God Almighty be merciful to your Soul Prisoner My Lords I humbly beseech you give me leave to speak a few words I do give your Lordships hearty Thanks for all your Favours to me I do here in the presence of God Almighty declare I have no Malice in my Heart to them that have condemned me I know not who they are nor desire to know I forgive them all and beseech your Lordships all to pray for me My Lords I have one humble Request to make to your Lordships and that is my Lords That the little short time I have to live a Prisoner I may not be a close Prisoner as I have been of late but that Mr. Lieutenant may have an Order that my Wife and Children and Friends may come at me I do humbly beg this Favour of your Lordships which I hope you will be pleased to give me Lord High Steward My Lord Stafford I believe I may with my Lords leave tell you one thing further That my Lords as they proceed with Rigour of Justice so they proceed with all the Mercy and Compassion that may be And therefore my Lords will be humble Suitors to the King that He will remit all the Punishment but the taking off your Head Prisoner Weeping My Lords your Justice does not make me cry but your Goodness Then the Lord High Steward broke his Staff and the Lords adjourned into the Parliament Chamber and the Commons returned to their House and the Prisoner with the Ax born before him with the Edg towards him it being carried contrarily during his Trial was sent back to the Tower His Majesty afterwards ordered the Lord High Chancellor to issue out under the Great Seal of England the following Writs for Executing the said late Viscount Stafford the first being to the Lieutenant of the Tower to deliver him on the Twenty ninth of December 1680. between Nine and Eleven a Clock in the Forenoon at the usual place without the Tower-Gate to the Sheriffs of London and Middlesex and the other being for them then and there to receive him into their Custody and to lead him to the usual place upon Tower-Hill and there to cause his Head to be cut off and severed from his Body Which Writs were in Form following CAROLUS Secundus Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Locumtenenti Turris nostrae London salutem Cum Willus Vicecomes Stafford per Communes Regni nostri Angliae in Parliamento assemblat ' de alta proditione necnon diversis aliis criminibus offensis per ipsum perpetrat ' commissis impetit ' fuit Ac superinde per Dominos Temporales in praesenti Parliamento nostro convent ' triat ' convict ' debita juris forma attinct ' fuit morti adjucat ' existit Cujus quidem Judicii executio adhuc restat facienda Cumque praedictus Vicecomes Stafford in Turri nostra London sub custodia tua detent ' existit Precipimus tibi per presentes firmiter injungendo mandamus quod in super vicesimum nonum diem instantis mensis Decembris inter horas nonam undecimam ante Meridiem ejusdem diei ipsum Vicecomitem Stafford usque locum usualem extra portam Turris predictae ducas ac ipsum Vicecomitibus Civitatis nostrae London Middlesex adtunc
ibidem deliberes Quibus quidem Vicecomitibus nos per aliud breve eis inde direct ' precipimus predictum Vicecomitem Stafford adtunc ibidem recipere ut fiat executio Judicii predicti modo forma prout dictis Vicecomitibus London Middlesex per aliud breve nostrum predictum precepimus Et hoc nullatenus omittas sub periculo incumbente Aliquo Judicio Lege Ordinatione seu Mandato praeantea habit ' fact ' ordinat ' seu dat' in contrarium non obstante Teste meipso apud Westm decimo octavo die Decembris Anno regni nostri tricesimo secundo BARKER CAROLUS Secundus Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Vic. London Vic. Middlesex salutem Cum Will. Vicecomes Stafford per Communes regni nostri Angliae in Parliamento assemblat ' de alta proditione necnon diversis aliis criminibus offenfis per ipsum perpetrat ' commissis impetit ' fuit Ac superinde per Dominos Temporales in presenti Parliamento nostro convent ' triatus convict ' debita juris forma attinct ' fuit morti adjudicat ' existit Cujus quidem Judicii executio adhuc restat facienda Precipimus vobis per presentes firmiter injungendo mandamus quod in super vicesimum nonum diem hujus instantis Decembris inter horas nonam undecimam ante meridiem ejusdem diei dictum Vicecomitem Stafford extra Portam Turris nostrae London vobis tunc ibidem deliberandum prout per aliud breve Locumtenenti Turris nostrae London directum precepimus in custodiam vestram adtunc ibidem recipiatis ipsum sic in custodia vestra existentem statim usque usualem locum super le Tower-hill ducatis Ac caput ipsius Willi. Vicecomitis Stafford adtunc ibidem amputari ac a corpore suo omnino separari faciatis aliquo Judicio Lege Ordinatione seu Mandato praeantea habit ' fact ' ordinat ' seu dat' in contrarium non obstante Et hoc sub periculo incumbente nullatenus omittatis Teste meipso apud Westm decimo octavo die Decembris Anno regni nostri tricesimo secundo BARKER There were two Writs to the Sheriffs both alike verbatim one delivered in London the other in Middlesex Whereupon the Sheriffs doubting whether that was a sufficient Authority for them to execute the Prisoner by Beheading only the Sentence of Death being otherwise given petitioned the Lords in Parliament to take the Premises into consideration and to make such Order as should be agreeable to Right and Justice as by the following Petition appears TO THE Right Honourable the LORDS TEMPORAL in PARLIAMENT Assembled The Humble Petition of Slingsby Bethel Esq and Henry Cornish Esq Sheriffs of London and Middlesex Sheweth THAT your Petitioners have received a Writ under the Great Seal of England Reciting that Judgment had been given by your Lordships against William Viscount Stafford for High Treason and diverse other Crimes and Offences upon the Impeachment of the Commons in Parliament Assembled and commanding your Petitioners to cause the said Viscount Staffords Head to be Severed from his Body upon the Twenty Ninth Day of this instant December notwithstanding any Judgment Law Ordinance or Command to the contrary That your Petitioners have not as yet Received any Command from your Lordships for Executing the said Judgment May it therefore please your Lordships to take the Premisses into Consideration and to make such Order therein as shall be agreeable to Right and Justice And your Petitioners shall always pray c. Upon which Petition the Lords did Declare as followeth Die Martis 21 Decembris 1680. UPon Application from the Sheriffs of London and Middlesex making some Scruples concerning the Execution of the late Lord Viscount Stafford which were sound by this House to be unnecessary This House do Declare That the Kings Writ ought to be obeyed The said Sheriffs likewise made Application to the House of Commons upon the aforesaid matter who made the following Resolve Die Jovis 23 Decembris 1680. REsolved c. That this House is content that the Sheriffs of London and Middlesex do Execute William late Viscount Stafford by Severing his Head from his Body only Wednesday December 29. 1680. ABout the hour of Ten in the Morning the Sheriffs received the Prisoner according to the Command of the Writs from the Lieutenant of the Tower and brought him upon the Scaffold which was erected on Tower-Hill The Prisoner took a Paper out of his pocket and putting off his Hat read it as his Speech which the very same day before Two of the Clock came out in Print as his Speech and he delivered divers Copies signed by himself to Mr. Sheriff Cornish and other Gentlemen about him He then desired he might have liberty to pray in his own way which being granted he kneeled down by the Block and taking out of his pocket another Paper he read a Latin Prayer which done he gave the Paper to Mr. Sheriff Bethel and then spoke to the People about the Scaffold to this Effect God bless you all Gentlemen God preserve His Majesty He is aâ—good a Prince as ever govern'd you Obey Him as faithfully as I have done and God bless you all Gentlemen Then he stripp'd himself to his Wastcoat and after some â—ew short private Discourses with his Friends he laid down his Neck on the Block and stretched himself The Executioner being demanded by the Sheriffs whether he had any Sign he answered No. Then the Prisoner raised up his Head and said He had no Sign to give but the Executioner might take his opportunity and laid his Neck on the Block again After which in a short time the Executioner did his Office by Severing his Head from his Body and holding up the Head in his Hand carried it about the Scafsold shewing it to the People and saying Here is the Head of a Traitor The Body was put into a Coffin and conveyed to the Tower FINIS