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
about the point of time when Hobson told him of the Design Sir Will. Jones My Lords That will be when we come to make our Observations we shall not answer that by Witnesses when we come to sum up our Evidence I doubt not but we shall give a sufficient Answer to that Objection But to go on with what is to be answered by Testimony your Lordships will be pleased to remember That Turbervill did inform your Lordships That he had some converse with my Lord Stafford at Paris being introduced by some of the Fathers My Lords we shall call a Gentleman that had happened to be there at that time that will tell you though he did not know my Lord Stafford yet he knew that Turbervill did converse much with an English Lord in that place where my Lord does acknowledge his Lodging to be He will give you some further account how Turbervill went to Diep in expectation of my Lord and how he had a Message from the Lord though he did not know my Lord Stafford He will give you a further account how Mr. Turbervill was earnest with him to go to Calice and then told him he might go over with my Lord at that time The use we make of these particulars we will forbear to mention till we sum up our Evidence We desire to examine Mr. Thomas Mort. Who was sworn Sir Will. Jones We desire to ask Mr. Mort whether he knew Mr. Turbervill at Paris and at what time L. H. Steward What say you Sir Mr. Mort. Yes my Lords I knew him it is now five years past since we were in Paris He and I had been intimately acquainted before we lived in the same Family I was several times in company with him and many times in his Brothers company which was a Monk and I heard him say his Brother had an intention he should be of the same Order And some time after that he altered his resolution and designed for England and I had such a design too to go from Paris where I was an Apprentice And being acquainted with him I resolved to go over with him and he told me his Brother the Monk had introduced him into the favour of a Lord as I take it it was my Lord Stafford as well as I can remember And that there was a Vessel to come to Diep a Yaught and we should go thither to go over with my Lord. And Mr. Turbervill told me we must make as much hast as might be for it were better to be there a day or two too soon than too late We went to Diep and when we came there the Vessel was not come And when we had been there a fortnight or thereabouts we were put to a great deal of inconveniency by reason of our long stay there and I think if I mistake not I or some of the Company said Cursed is he that relies or depends on a broken Staff alluding as I believe to my Lord Stafford's Name Mr. Turbervill told me if we did go to Calice we might go over with my Lord but how or by what means he understood the Vessel would be there and my Lord go that way I know not But we did not go thither we had another opportunity there was a small Vessel whether a Fish-Boat or a Coal-Vessel I cannot tell a very little one it was but we took the opportunity and came over in it Sir Will. Jones My Lords we shall make use of it in due time we only call him now to prove his converse with a Lord at Paris L. H. Steward Did you ever see Turbervill at a Lords House in Paris Mr. Mort. No my Lords not that I can remember but I think as near as I remember I will not be positive I walked about Luxenburgh House while he went as he said to the place where the Lord lodged I was thereabouts till he came L. Stafford In what Street was it Mr. Mort. Indeed I cannot tell Sir W. Jones This man is very cautious L. H. Steward Can you tell the Lords Name Mr. Mort. I do not remember his Title but I think it was my Lord Stafford Sir William Jones Pray who were you Servant to Who were you bred under Mr. Mort. My Lord Powis I served as Page to him when Mr. Turbervill was Gentleman-Usher to the Young Lady one of his Daughters since married to my Lord Molineux Sir Will. Jones Will my Lord please to ask him any Questions if not we will go on L. Stafford No not at present Sir Will. Jones Well then my Lords we desire to call one Mr. Powell a Gentleman of Grays-Inn to tell you when he first heard Mr. Turbervill speak of this Evidence he hath now given Mr. Powell was sworn Sir W. Jones Pray will you give an account what discourse you had with Mr. Turbervill about the Plot and when Mr. Powell About this time Twelve-month we discoursed about it and he told me that he had much to say in relation to the Plot but truly he did not name any particulars to me at that time Sir Will. Jones Where was this we desire to ask him Mr. Powell It was at the Kings-head Tavern in Holborn Sir William Jones Are you sure it was a year ago Mr. Powel It was about this time Twelve-month Sir Will. Jones What was the reason he did not think fit then to reveal it Did he tell the reason Mr. Powel I think he gave me a reason That he was something cautious because he feared he might disoblige his Brother at that time Sir VV. Jones Did he give you any further reason Mr. Powel I think he said he was afraid he should not have incouragement enough for he said some of the Witnesses had been discouraged and he was afraid he should be so too Sir VV. Jones Now we shall call a few Witnesses to Mr. Turbervill's Reputation which have known him a good while Mr. Hobby L. H. Stew. Was this time that Mr. Powel speaks of that he did discourse with him before or after that of Yalden Sir W. Jones My Lords We do not know of any discourse with Yalden nay we believe none such was This Witness speaks of a Year since L. H. Steward What time does Yalden speake of Sir VVilliam Jones February or March last and this was a year ago L. H. Steward This was then before that certainly Sir VVilliam Jones We desire Mr. Arnold a Member of the House of Commons may be sworn which was done in his place Sir VVilliam Jones Do you know Mr. Turbervill Mr. Arnold My Lords I do know him very well and I have known him these two years he came recommended to me from his Grace my Lord Duke of Buckingham My Lords presently after the breaking out of the Plot he was sent down into our Countrey by the Lords of your Lordships House that were of the Committee and a particular recommendation from the Duke of Buckingham to me to give him direction and assistance to find
out a Priest one Charles Prichard and I think also if I mistake not one Morgan my Lord Powis's Priest I spoke with him before he went I sent Letters down with him I spoke with him afterwards he hath been in my family some time he hath behaved himself very well there and in several other sober families nearly related to me I have not heard a better character of any man from all sorts of people than of him in my life Sir VV. Jones Did he tell you any thing of the Plot Sir Mr. Arnold My Lords I did several times find by him that he knew much having conversed both in France and here with Jesuits and Priests I pressed him oftentimes to discover his knowledge and to come in to the Council but he gave me such Answers why he did not that I could not answer Sir VVilliam Jones What were they Sir Pray tell us Mr. Arnold That the Witnesses that were come in were in danger of their Lives that they were discouraged that they were discountenanced and as long as the Duke of York had that power in the Conncil that he had and my Lady Powis's Brother had that power over those Countreys where he lived which his Lordship is often pleased to call his Province he durst not do it for his Life Then Mr Hobby was sworn Sir Will. Jones Do you know Mr. Turbervill and how long have you known him Mr. Hobby My Lords I have known Mr. Turbervill near four years L. H. Steward What account can you give of him Mr. Hobby My Lords my first acquaintance with him was at my Brothers House in Glamorganshire When I came there my Brother shew'd him me and told me he was a very worthy man but his Friends had cast him off because he would not take Orders in the Romish Church He lived at my Brothers above a year and when he came thence my Brother writ a Letter of Recommendation to my Father to receive him there and do him all the kindness he could He came to my Father's and stay'd there near half a year or thereabouts I cannot tell to a Month or so Since I have known him often in this Town and been in his company and I never knew nor heard but that he behaved himself like a worthy honest Gentleman but as to any thing of the Plot I know nothing Sir VV. Jones We ask you not to that Where is Mr. Matthews Then Mr. Matthews a Divine was sworn Sir VV. Jones Mr. Matthews pray tell my Lords Whether you know Mr. Turbervill and how long have you known him Mr. Matthews Yes My Lords I have known Mr. Edward Turbervill for about four years last past L. H. Steward Go on what do you know of him Mr. Matthews My Lords he lived some time in my Neighbourhood I never knew him guilty of any ill action at all but a person of a very fair Reputation He acknowledged himself a Roman Catholick and was pleased to give me the liberty to talk to him I found him inclinable to hearken to me and to those Reasons I offered to him and I found he had a mind to quit that Religion being convinced by the Arguments I gave him and as several times he hath since told me those were some of the great motives of his coming over from the Romish to the Protestant Communion L. H. Stew. What were the Motives Mr. Matthews One was the hazard I told him of in his living in the Roman Communion as to Salvation another was the excellency of the Doctrines of our Church its Principles and Practices L. H. Steward Did he acknowledge to you he knew any thing of the Plot Mr. Matthews No not a syllable of it Sir Will. Jones We don't call him to that purpose Then another Witness was sworn L. H. Steward What is your Name Witness William Seys Sir W. Jones Pray will you acquaint my Lords what you know of Mr. Turbervill Mr. Seys I have been acquainted with him this two or three years and I never knew him guilty of any ill action my life I never heard of any body that could asperse him but he hath behaved himself like a very honest civil Gentleman Sir Will. Jones Where were you acquainted with him Mr. Seys Here in London Then Captain Scudamore stood up again Sir Will. Jones He was sworn before we desire he may speak to Mr. Turbervill's Reputation Capt. Scudamore My Lords I have known Mr. Turbervill for these three quarters of a year I have been acquainted with him in London he hath been much at my House and all that while I saw nothing in him but that he is a very honest Gentleman Sir William Jones My Lords I think we have but one matter more which we should have mentioned before but that our Witness was not come but I hope we shall have the favour of some Honourable Lords that do know the thing and I think there are many more that can prove it My Lord Stafford who is very ancient it may be may not remember matters exactly I blame him not Oblivion is the great infirmity of old age He was pleased to say Yesterday he had so good health that he had not been lame I think he said for these Forty years but at last his Page said for the last Seven years and I shall confirm our proof to that time My Lords I think there are some Honourable Lords here that have seen this Noble Lord that says he was not Lame in so many years very near about the time he was confined and imprisoned go Lame and come Lame to the House and ease himself by holding up his Legg sometimes My Lords I do not say the Circumstance is very material but only to shew my Lord may forget himself which I shall impute to his old Age. L. Stafford I will acknowlede it if your Lordships please I did say I had not been lame with the Gout so long no more I have not I was troubled with the Sciatica many years but 't is above eight or nine years since that and I took so much Opium that that and my going to the Bath cured me I have often come lame to the House out of weariness and old Age but if ever I put my Foot upon a Stool for the Gout or was ever so lame as to put my Foot upon a Cushion to ease it I will admit what he speaks to I 'll acknowledge thus much to save time Sir Will. Jones Seeing my Lord is pleased to go off from it I 'll call no Witnesses to it L. Stafford I go off from nothing I was lame three or four years when the King came in I went to the Bath and afterwards into Germany and what with Opium and the Bath I was cured and I have not been lame these eight or nine years I have not had the Gout in my Foot for these many years and I never was so lame to put my Foot on a stool to my remembrance Sir VVill. Jones
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
September when he says he was in my Chamber and I sent the Page to call him that it is false it was only he desired he might come to me to get leave that he might go to the Race my Lord Aston being angry with him for it This I conceive is proved sufficiently by two Witnesses my Man and my Boy and this I think I have proved as positively as can be done My Lords 't is true 't is objected against me That I had said Dugdale was never seen alone with me in my life 't is true and 't is true Ansell swears he brought a Footman to me but he swears it was in the Morning when it was at Supper and does not say that he was alone with me My Lords Dugdale swore that he told Mr. Philips and Mr. Sambidge of the death of Sir Edmundbury Godfrey on the Munday some swore he said it was on the Tuesday but they deny that ever he told it them and so he is forsworn in that And my Lords whether he be a man of any great Credit I think I have proved enough to your Lordships 'T is proved by two Witnesses Holt and Morrall that he offered them money to swear as likewise he did to another one Robinson whom I do believe by the Information that was given of him to be a wicked ill man and not to be credited but being so my Lords he was the fitter for Dugdale's turn And yet he had so much Conscience though he was a poor and needy fellow he would not swear a mans Life away for money the other two are without exception the one they say is an idle fellow and t'other a man but of an indifferent Reputation how far that will move with your Lordships I submit it to you I suppose 't is also clear by my Witnesses that Dugdale is a man of no Reputation having forsworn himself in several particulars and I submit the Credit of all he says to your Lordships upon that The next Witness my Lords is Mr. Oats whether he be a Doctor or no I know it not he would not own it here he my Lords swears that he saw a Commission delivered to me to be Pay-master of an Army to be raised God knows when I never heard when or where I suppose it was in the Clouds for I never knew where else Mr. Oats all along before swore only that he believed I was in the Plot now he swears I was in it at Mr. Fenwicks Chamber a man I never saw in my life nor heard of till this discovery And that he saw Letters subscribed by my Name but that my Lords I conceive is no Evidence at all for he never saw me write nor does know my Hand nor does he pretend to know me then and when he had told your Lordships he had a Letter of mine he pretended to look for it and then said he had lost it that is never had it But besides my Lords his Evidence now does not agree with his former for I do appeal to your Lordships that were in the House then that he swore the first time He only saw my Name to Letters afterwards he swore that is some days after he had ended all his Evidence and knew no more than he had put down then afterwards he remembers what he knew not before and swears a Commission he saw delivered to me So his Memory increases as he hath time to invent and perhaps by another time it might be much more But my Lords I think that one particular his swearing before your Lordships as 't is entred in your Journal that he had no more to say against any body and afterwards naming the Queen and now me to have a Commission I conceive is perfect Perjury My Lords Mr. Oats told your Lordships That he had never been a Papist in his Heart but ever feigned it truly my Lords I cannot possibly give over that point That a man that feigns himself to be a Papist or any thing that in the opinion of Protestants is so wicked a thing as that is fit to be believed if he shall not heartily repent himself and own it to God and Man as an ill thing to dissemble so But yesterday he with a smiling Countenance and as it were in derision owns that which must be a very great offence to God Almighty to pretend to be of an Idolatrous Church I appeal to your Lordships whether he be a fit Witness I conceive he cannot be thought a Christian nor to believe in God I know many wicked and infamous persons have done many wicked things and yet have been Witnesses but never did any wicked man own a wicked thing that he might have concealed with boasting of it that ever was credited in any thing for if he had said I do acknowledge I did dissemble with God and my own Conscience but I ask God forgiveness it was for a good End and a good Intention it had been something though that could not have atoned for so ill a thing but shewing no Repentance but rather an impudent affronting of God Almighty I think he is not a fit Witness I appeal to your Lordships and the whole Christian World if he be I cannot believe your Lordships will condemn me for an Opinion which I will go to my death with and it stands upon me so to do The last Witness my Lords is Turbervill and he says in the year 75 he often discoursed alone with me for a fortnight together at Paris My Servants he owns he never saw them and how he could come for a fortnight together and not see my Servants I refer it to your Lordships consideration whether it be possible For I 'le tell your Lordships when I had been a few days at Paris my Landlord came one day to me and said You do not do well to suffer any body to come to you without your Man be by for there came yesterday a Frenchman to speak with you and I do not know him and he went strait up to your Chamber without any body with him 't is a dangerous thing said he for I know that Frenchmen and people have come up and been alone with persons and put a Pistol to them and made them deliver their mony for fear of their Lives therefore pray said he do it no more From that time which was a few days after I came to Paris the latter end of October or the beginning of November no Christian Soul was permitted to come to me without my Servants how then could he come to me for a fortnight together and none of my Servants see him My Lords this Gentleman very civilly the next day after he had made an Affidavit against me would needs mend it and Sir William Poultney did acknowledge that he made Affidavit one day that he came to my Lord Powis's in the year 73 and the next day amended it to 72. Now I humbly conceive my Lords a man that swears one thing to day
gave us intelligence of several passages that happened in Court how the Duke and the Queen and the chief of the Nobility were of their side how they carried matters several times the ways my Lord Clifford did use and Sir William Godolphin to effect the work and that they did not question but they should get my Lord Treasurer Danby on their side too This was in Coleman's Letters and he had so much allowance for his Intelligence These Letters of his I read several times in the Colledge My Lords afterwards when I came from Rome I saw Abbot Montague again and he said he was very glad to see me and that I was a Priest well but said I what am I the better where is the Employment you promised me when I should come into England He told me I should have it very soon and he was very glad that I had not made my self a Jesuit and he recommended me to Dr. Goffe Confessor to the Queen Mother who said he would do any thing in the world for me and he did not doubt but he should get a preferment for me which Dr. Goffe is now living Truly when I came into England I found all the Popish Clergy of England that I discoursed with of the same opinion that they did not doubt but the Romish Religion would soon come in And besides in the North there was gathering of Money in which I was ordered to be one of the chief men but I was against it I told them I would do nothing in it I thought it was illegal to send any Money beyond Sea they told me it was charity only to repair the College at Doway I told them it was strange that there should be so much Money raised only to repair one College which would serve three or four Colleges and I perswaded Mr. Jenison and all other persons I had to do with not to meddle with it As to this raising of the Money I conceive it may be inferr'd it was for some other private business and I believe was for the carrying on the design As for the Gentleman at the Bar my Lord Stafford I know nothing of my own particular knowledge but only this Therewas one Thomas Smith Sir Edward Smith's Brother that lived at a place not far off the place where I lived who was one that contributed in paying the Money that was then Collecting he was the man that writ a Letter up to my Lord Stafford to complain of two or three Justices of the Peace that were active against Popery upon which there was one that was turned out that I think is now of the Honourable House of Commons Mr. Treby Name him Mr. Smith Sir Henry Calverley The other was not turned out So I asked Smith when I was lately in the Country about it for I heard a rumor that there was a Letter of this Mr. Smiths found in my Lord Staffords Chamber and I was told it by a Parliament Man one Collonel Tempest So said I to him now you will be concerned in the Plot. No said he I care not for that Letter it will signifie nothing for my Lord won't keep by him any thing of any moment I asked him what he knew about my Lord he told me he writ another Letter to my Lord to know whether he would make a conveyance of his Estate away and whether he apprehended they were in danger And he told me his Lordships answer was that several did so but he would not for he expected some sudden change or alteration I asked him what change or alteration he understood by it Sir said he what can be understood by it but an alteration of the Government and Religion I am sure said he my Lord is so wise a Man that he would not write so without some ground This is all I can say to the Gentleman at the Bar and this is true by the Oath I have taken Mr. Treby My Lords I did observe Mr. Smith in the beginning of his Testimony speaking of the Discourse he had at Rome said they told him there was one in the way I presume 't is not uneasy to conjecture who was that one Lord High Stew. It was surely the King Mr. Treby But we would rather have it explained by him himself Mr. Smith Father Anderton and Father Southwell did say that the King was a good man but he was not for their turn and he was the only man that stood in the way Mr. Treby Did they name the King Mr. Smith Yes it was the common Discourse all over the Country Mr. Treby My Lords I desire Mr. Smith in the next place may give an account of the methods they were to use to accomplish this design the firing of the City and the rest Mr. Smith As to the burning of London I heard nothing beyond Seas at all but this it was discoursed that the Papists did it and the like but they denied it and they said it came accidentally in a Bakers House but this I have often heard them say that it was no great matter if it had been all burnt Lord High Stew. Will you ask him any more Questions yet Mr. Treby No we have done with him Lord High Stew. Have you concluded your Evidence Sir Mr. Smith Yes Lord High Stew. My Lord Stafford will your Lordship ask him any Questions Lord Stafford I desire to know how long ago it was my Lord since he was made a Priest Sir Fran. Winn. My Lords with your Lordships leave no man is bound to answer a Question whereby he shall accuse himself therefore under favour the Question is somewhat harsh and we demand your Judgment in it Lord High Stew. What is the Question your Lordship would have asked him L. Stafford I will not ask it since 't is an offence but did not he say he said Mass pray how long ago was that Lord High Stew. I will ask him a Question Are not you a Protestant Mr. Smith Yes my Lord. Lord High Stew. How long have you been so Mr. Smith I have been a Protestant near upon two Years Lord High Stew. How long ago before were you perverted Mr. Smith Some six or seven Years Lord High Stew. That is nine Years That was I suppose about 71. Mr. Smith I was always bred a Protestant and was so abroad till I went towards Rome Lord High Stew. It is not criminal to have been a Priest if he have conformed L. Stafford I have no more to say to him Lord High Stew. Have you any more Questions to ask him L. Stafford No I never saw him before he may be as honest a Gentleman for ought I know as any one here Mr. Treby Then if your Lordship have no more Questions to ask him he may withdraw My Lords The next Witness we produce is to the general still and that is Mr. Stephen Dugdale Lord Stafford Is he only to speak to the general or to me Mr. Treby To the general we shall tell your Lordship
of the Reign of our said Lord now King of England c. at the aforesaid Parish of Saint Margaret VVestminster in the County of Middlesex aforesaid falsly and traiterously devised composed and writ two other Letters to be sent to one Monsieur Le Chese then Servant and Confessor of the said French King to the intent that he the said Monsieur Le Chese should intreat procure and obtain to the said Edward Coleman and other false Traitors against our said Soveraign Lord the King from the aforesaid French King his Aid Assistance and Adherence to alter the true Religion in this Kingdom of England then and still Established to the Superstition of the Church of Rome and to Subvert the Government of this Kingdom of England And that the aforesaid Edward Coloman in further prosecution of his Treasons and Traiterous Imaginations and Purposes aforesaid afterwards to wit the same Twenty Ninth Day of September in the abovesaid Twenty Seventh Year of the Reign of our said now Lord the King the aforesaid several Letters from the said Parish of Saint Margaret Westminster in the County of Middlesex aforesaid falsly subtilly and traiterously did send into Parts beyond the Seas there to be delivered to the said Monsieur Le Chese And that the aforesaid Edward Coleman afterwards to wit the First Day of December in the Twenty Seventh Year of the Reign of our Soveraign Lord CHARLES the Second now King of England c. at the aforesaid Parish of Saint Margaret Westminster in the County of Middlesex aforesaid one Letter from the aforesaid Mounsieâ—r Lâ— Chesâ— in answer to one of the said Letters so by him the said Edward Coleman writ and to the said Monsieur Lâ— Cheâ—e to be sent first mentioned falsly subtilly and traiterously received and that Letter so in answer received the Day and Year last abovesaid at the aforesaid Parish of Saint Margaret Westminster aforesaid in the County of Middlesex aforesaid falsly subtilly and traiterously did inspect and read over and that the aforesaid Edward Coleman the Letter aforesaid so by him in answer received in his custody and possession the day and year last aforesaid at the aforesaid Parish of St. Margaret Westminster in the County of Middlesex aforesaid falsly subtilly and traiterously detained concealed and kept By which said Letter the said Monsieur Le Chese the day and year last abovesaid at the aforesaid Parish of St. Margaret Westminster in the County of Middlesex aforesaid signified and promised to the said Edward Coleman to obtain for him the said Edward Coleman and other false Traitors against our said Lord the King from the said French King his Aid Assistance and Adherence And that the aforesaid Edward Coleman afterwards to wit the Tenth day of December in the abovesaid Twenty seventh Year of the Reign of our said Soveraign Lord Charles the Second now King of England c. at the Parish of St. Margaret VVestminster aforesaid in the County of Middlesex aforesaid falsly maliciously subtilly and traiterously did relate and declare his traiterous Designs and Purposes aforesaid to one Monsieur Roâ—vigni then Envoy Extraordinary from the French King to our said most Serene King at the Parish aforesaid in the County aforesaid residing to move and excite him the said Envoy Extraordinary with him the said Edward Coleman in his Treasons aforesaid to partake And the sooner to fulfil and compleat those his wicked Treasons and traiterous imaginations and purposes aforesaid he the said Edward Coleman afterward to wit December 19. in the abovesaid 27 th year of the Reign of our said Lord Charles the Second now King of England c. at the aforesaid Parish of S. Margaret Westminster in the County of Middlesex aforesaid advisedly maliciously subtilly and traiterously did devise compose and write three other Letters to be sent to one Sir William Throgmorton Knt. then a Subject of our now Lord the King of this Kingdom of England and residing in France in Parts beyond the Seas to sollicite him the aforesaid Monsieur Le Chese to procure obtain of the said French King his Aid Assistance and Adherence aforesaid And those Letters last mentioned afterwards to wit the day and year last abovesaid from the aforesaid Parish of St. Margaret Westminster in the County of Middlesex aforesaid to the same Sir William Throgmorton in France aforesaid falsly and traiterously did send and cause to be delivered against the duty of his Allegiance and against the Peace of our said now Lord the King his Crown and Dignity and against the Form of the Statute in such case made and provided Wherefore 〈◊〉 was commanded the Sheriff of the County aforesaid that he should not omit c but that he should take him if c. to answer c And now to wit on Saturday next after eight days of St. Martin this same Term before our Lord the King at Westminster came the aforesaid Edw. Coleman under the Custody of Will. Richardson Gent Keeper of the Gaol of our said Lord the King of Newgate by vertue of the King 's Writ of Habeas Corpus ad Subjiciend c. into whose custody before then for the cause aforesaid he was committed to the Bar here brought in his proper person who is committed to the Marshal c. and presently of the Premisses to him above imposed being asked how he will thereof be acquitted saith that he is in no wise thereof guilty and thereof for good and evil doth put himself upon the Country Therefore let a Jury thereupon come before our Lord the King at Westminster on Wednesday next after fifteen days of St. Martin and who c. to recognize c. because c. the same day is given to the said Edward Coleman c. under the custody of the said Keeper of the Gaol of our said Lord the King of Newgate aforesaid in the mean time committed to be safely kept until c. At which Wednesday next after fifteen days of St Martin before our Lord the King at Westminster came the aforesaid Edward Coleman under custody of the aforesaid keeper of the Kings Gaol of Newgate aforesaid by vertue of a Writ of our Lord the King of Habeas Corpus ad Subjiciend c. to the Bar here brought in his proper person who is committed to the aforesaid Keeper of the Kings Gaol of Newgate aforesaid And the Jurors of the Jury aforesaid by the Sheriff of the County aforesaid hereunto impannelled being called came who being chosen tryed and sworn to speak the Truth upon the Premisses say upon their Oaths that the aforesaid Edward Coleman is guilty of the High Treason aforesaid in the Indictment aforesaid specified in manner and Form as by the said Indictment above against him his supposed and that the aforesaid Edward Coleman at the time of perpetration of the High Treason aforesaid or at any time afterwards had no Goods Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And the aforesaid Edward Coleman
being asked if he hath any thing or knows what to say for himself why the Court here ought not to proceed to Judgment and Execution of him upon the Verdict aforesaid saith nothing but as before he had said And hereupon instantly the Attorney General of our said Lord the King according to due form of Law demandeth against him the said Edward Judgment and Execution to be had upon the Verdict aforesaid for our Lord the King Whereupon all and singular the Premisses being viewed and by the Court here understood It is considered That the said Edward Coleman be led by the said Keeper of the Gaol of Newgate aforesaid unto Newgate aforesaid from thence directly be drawn to the Gallows of Tyburn and upon those Gallows there be hanged and be cut down alive to the Earth and his Entrals be taken out of hiâ— Belly and be burned he still living and that the Head of him be cut off and that the Body of him be divided into Four parts and that those Head and Quarters be put where our Lord the King will assign them c. L. Staff I do not hear one word he says my Lords L. H. Stew. My Lord this does not concern your Lordship any further than as to the generality of the Plot. Sir Will. Jones My Lords we have now done with our Proofs for the first general head that we opened which was to make it out that there was a Plot in general We now come to give our particular Evidence against this very Lord and before we do begin we think fit to acquaint your Lordships that our Evidence will take up some time if your Lordships will have the patience to hear it now we will give it but if your Lordships will not sit so long till we can finish it it may be some inconvenience to us to break off in the middle And therefore we humbly offer it to your Lordships consideration whether you will hear it now or no. L. H. Stew. If it cannot be all given and heard now it were better all should be given to morrow Sir Will. Jones If your Lordships please then we will reserve it till to morrow L. Staff My Lords I would only have your directions whether I shall answer this General first or stay till all be said against me That which I have to say to this General will be very short L. H. Stew. My Lord you are to make all your Answer entire and that is best for you L. Staff I am very well contented that I may be the better prepared for it L. H. Stew. Is it your Lordships pleasure that we should Adjourn into the Parliament Chamber Lords Ay Ay. L. H. Stew. Then this House is Adjourned into the Parliament Chember And the Lords went away in the same Order they came The Commons returned to their House and Mr. Speaker resumed the Chair and then the House Adjourned to eight of the clock the next morning The Second Day Wednesday December 1. 1680. A Message was sent from the Lords by Sir Timothy Baldwyn and Sir Samuel Clark Mr Speaker The Lords have sent us to acquaint this House That they intend to proceed to the Tryal of William Viscount Stafford at ten of the clock this morning in Westminster-Hall Mr. Speaker left the Chair and the Commons came into Westminster Hall in the new erected Court And the Managers appointed by the Commons went into the Room prepared for them in that Court to proceed to the particular Evidence against William Viscount Stafford About ten of the clock in the morning the Lords came into the said Court in their former Order and Proclamation being made of Silence and for the Lieutenant of the Tower to bring his Prisoner to the Bar they proceeded L. H. Stew. My Lords expect you should go on with your Evidence and proceed in the Tryal of this Noble Lord. L. Stafford My Lords if your Lordships please I humbly desire that my Counsel may be near me for the Arguing of what is fit to them to speak to as to points of Law for points of Fact I do not desire it L. H. Stew. My Lord you have an Order for your Counsel to attend and they must and ought to attend Mr. Serjeant Maynard The Counsel must not suggest any thing to him while the Evidence is giving they are not to be heard as to matter of Fact L. H. Stew. It is not intended to make use of Counsel as to matter of Fact but they may stand by Mr. Serjeant Maynard My Lords they may stand within hearing but not within prompting L. Staff I assure you if I had all the Counsel in the world I would not make use of them for any matter of Fact Mr. Treby My Lords will you please to order them to stand at a convenient distance that they may not prompt the Prisoner Sir Will. Jones My Lords I hope your Lordships will consider that a man in a Capital Cause ought not to have Counsel to matter of Fact 'T is true he may advise with his Counsel I deny it not but for him in the face of the Court to communicate with his Counsel and by them be told what he shall say as to matters of Fact is that which with submission is not to be allowed If your Lordships order they shall be within hearing I do not oppose it but then I desire they may stand at that distance that there may be no means of intercouse unless points in Law do arise L. H. Stew. You were best make that exception when there is Cause for it in the mean time go on with your Evidence Sir Franc. Winn. We did perceive his Counsel came up towards the Bar and very near him and therefore we thought it our duty to speak before any inconvenience happened This Lord being accused of High Treason the allowing of Counsel is not a matter of Discretion If matters of Law arise all our Books say that Counsel ought to be allowed But we pray that there may be no Counsel to advise him in matter of Fact nor till your Lordships find some Question of Law to arise upon the Evidence L. H. Stew. When there is Cause take the Exception but they do not as yet misbehave themselves Mr. Treby My Lords we presume your Lordships did from the strength and clearness of yesterdays Evidence receive full satisfaction concerning the general Plot and Conspiracy of the Popish Party It being an Evidence apparently invincible not out of the mouths of two or three Witnesses only but of twice that number or more credible persons Upon which we doubt not but your Lordships who hear and Strangers and unborn Posterity when they shall hear will justifie this Prosecution of the Commons and will allow that this Impeachment is the proper voice of the Nation crying out as when the knife is at the throat By the Evidence already given I say it is manifeâ—t that there was a general grand Design to destroy our
Blood is so great a Crime and I know every man is careful of giving his Voice in the Case of Blood I should be very cautious my self and if I were a Judge I would rather save twenty Guilty than condemn one Innocent I bless God I have not the least desire of the Death of any man and would not for all the world have the innocent Blood of all the word lye upon me I beg your Lordships pardon that I have troubled you thus long I shall now as well as I can apply my self to my particular Defence I do my Lords before I can go on to it desire I may have such Depositions as have been taken against me and the liberty to look on your Journal Book when I have occasion I do particularly desire the Depositions of Oats upon which I was committed by my Lord Chief Justice the two Depositions of Stephen Dugdale taken at Stafford before two Justices of the Peace Mr. Lane and Mr. Vernon I desire the Depositions taken before I think it was Mr. Warcup and Sir William Poultney or some other two Justices which was made by Turbervile and then I shall compare their Testimonies together And I hope shall give you a clear account that they are perjured persons How without these to go on to my just Defence I cannot well tell Lord High Steward What do you say to it Gentlemen you hear what my Lord prays Sir Franc. Winnington The Witnesse are here and have been heard viva voce As we cannot use any of the Depositions of which he speaks so no more can they be used by him Lord High Steward If I understand my Lord aright this is the thing he desires says he You have brought Witnesses against me viva voce they have been examined here and they have been examined elsewhere and their Depositions are upon Record I desire to confront what they have said here with what they have said contrary in other places Mr. Serj. Maynard If there be any thing expressed by my Lord wherein they have contradicted themselves and produce that Deposition he may do that but to desire to have all the Depositions that have been made by our Witnesses is a strange request When there is occasion to use them upon any particular point he may produce them if he can Lord High Steward Can you object why my Lord should not have Copies of any thing that is upon the Journal and Depositions that are sworn before a Magistrate which may be of use to him Sir William Jones My Lords We do not object against it but my Lords I think it is out of time of to desire it What was sworn and is entred in your Lordships Journal was sworn above two years since My Lord or any man else might repair to them they are matters of Record and for ought we know were never denyed to any especially if they desired it in the House but after two years time and after three weeks time given to prepare for this Tryal when my Lord could not but know what Witnesses would be examined before your Lordships for him to come now and desire such and such Depositions may be produced which if by Law he might be allowed to do he might have done before is to no other purpose under favour but to gain time and to cause our Evidence to be forgotten And therefore we must humbly pray it may not be admitted My Lords I think it is an unusual thing My Lords the Judges are neer your Lordships I suppose they will inform your Lordships If a man be tryed at the Assizes for him to desire a Coppy of the Informations remaining in Court by which he may except against the Witnesses is what the Court does not use to grant But if your Lordships proceedings vary from the common proceedings of other Courts then I resort to what I said before Whether your Lordships will think this a proper time when he might have had it in the Parliament that was first Dissolved and then in the Parliament that was last Dissolved Now to desire those Copies at this time is to put off the Cause for that which perhaps he cannot be furnished with in a day or two Sir Fr. VVin. I would add but one word if your Lordships please to give me leave My Lords you have the Learned Judges near you who will inform you Whether ever when a man was accused of a Capital Offence and the Evidence against him had been fully heard by the Court and by himself he was admitted to require from the Prosecutors the Copies of Examinations formerly taken before other Persons Does my Lord intend to have time to peruse those Examinations and to have the Copies of them that he may consult in private with his Counsel to find out Exceptions and with his Witnesses to make them good My Lords I must say that in my short Experience and I have attended a considerable time upon the greatest Court for Trial of Offenders I never heard such a thing asked by a Prisoner either at the Bar of the Kings Bench or at the Assizes I speak with all the tenderness imaginable because we are in a matter of Blood and God-forbid but the Lord at the Bar should have true and equal Justice done him But if I take my Lord right this seems but an Artifice to delay the Trial of which it is our duty to be very cautious Indeed I have seen the Judges upon trial of a Criminal call for the Depositions or Informations from the Clerk or the Justice of the Peace who took them and caused them to be read but for a Prisoner to call for Examinations at the Bar from the Prosecutors Et ex Debita Justitia to demand them is a thing which as it never has been so I think will not be admitted at this time especially when we are now almost at the end of the Cause and with all Modesty and Submission to your Lordships I look upon it as a very strange and unreasonable Demand L. H. Steward My Lord Stafford What is the reason your Lordship had not all this while Copies of the Journal which is that you now ask L. Stafford I shall not undertake that I am able to give your Lordships a reason for it because I think wherein I have been mistaken as to point of Time your Lordships will not tie me up to that But this Gentleman that spoke last is not acquainted with me and does not know me for I have no desire to go back or to put off this Trial But if it cannot be done to Day I am as guilty to Morrow as I am to Day and I desire no more than what he says hath been done in the like Cases I do desire my Lord the Informations and Depositions of Dugdale Oates and Turbervile may be produced and read and I will make Observations upon them in my Defence I desire those Affidavits may be brought L. H. Stew. Affidavits taken When and where
L. Stafford Of Dr. Oats that was read in your Lordships House I heard it L. H. Stew. Let us understand your Lordships demands that when my Lords are withdrawn I may know what Questions to put to them and acquaint them with your desires The one is the Journal of the Lords House which is always before their Lordships and you might have had Copies long since The next thing you ask is an Affidavit of Dugdale if this Affidavit is entred into the Journal that supplies your Demands if it be not entred there where shall we find it L. Stafford I do not know L. H. Stew. Does your Lordship think all this matter must stay till we can find a loose Affidavit that we know not where 't is filed L. Stafford I know it was before the Council and I believe my Accusers have it I desire the Gentlemen of the House of Commons may produce it Sir John Trevor I have seen none nor have none L. Stafford The one was taken the 24. of December this time two year and the other the 29. L. H. Stew. My Lord will your Lordship give me leave to tell you you ought to be provided with some particular exception and not to make your demand in general If your Lordship will say Dugdale did swear such and such things which are contrary to what he now affirms we know what to make of it but to hunt after an Affidavit that we know not where to find to pick something out of it that I do not understand L. Stafford I appeal to my Lord of Essex and my Lord Bridgewater whether they did not examine me the first time upon one or two Affidavits of Dugdale L. H. Stew. Suppose it be not to be found my Lord L. Stafford Then I must have patience and submit L. H. Stew. Can you tell wherein he swore quite blank contrary to what he swears now L. Stafford My Lord I conceive it was never denied before but your Lordships may do what you please L. H. Stew. Well my Lord let us go on to the next The Affidavits of Dugdale if they be entred on the Journal may be ready if not thenâ— shall acquaint their Lordships and they will direct what is fit in the case L. Stafford Then there is the Affidavit of Oats before my Lord Chief Justice upon which I was committed the next day which was Friday it was read in your Lordships House L. H. Stew. I believe that is entred upon the Journal and so will be ready to be used L. Staff I do hope to make it evidently appear thereby that he is forsworn I desire two Affidavits more that were taken before the Justices of the Peace of Middlesex who examined Mr. Turbervile twice L. H. Stew. What Justice of the Peace L. Staff Mr. Warcupp Sir William Poultney and Sir Thomas Stringer I desire I may not be misunderstood I do not desire to have them to instruct my Counsel or advise with them upon them but I cannot make my Defence without them L. H. Stew. Those are voluntary extrajudicial Affidavits that no body is bound to keep L. Staff They were spoken of in the Votes of the House of Commons L. H. Steward What say you Gentlemen to it Sir Fran. Winn. My Lords because my Lord at the Bar is pleased to insinuate as if we knew where those Affidavits are which he seems to desire and because your Lordship was pleased to say that the Commons in Parliament are the Grand-Jury of the Kingdom I desire to say one thing That certainly it will not be required from us to produce and publish the several Facts and Circumstances that induced us to impeach him if it shall be demanded by the Prisoner at the Bar. L. H. Steward I wish you would answer the Question and not argue upon it whether those Affidavits of Turbervile may not be produced for 't is my Lords Exception against your Witnesses that he swears several ways and by those Affidavits of Turbervile he intends to disprove him in what he hath said to day Sir Fr. Win. My Lords the House of Commons never administer an Oath and therefore it is not to be said to us but my Lord Stafford must go to the particular Offices where they are to be found L. H. Stew. I do not ask you where my Lord should find them but whether if they can be found you can object any thing why they should not be produced and read Mr. Serj. Maynard When they are produced we will give an Answer L. Stafford My Lords I am informed this is the substance of the Affidavit That Turbervile did swear before two Justices of the Peace whether they be of the House of Commons or no I cann't tell that he spoke with me at Doway and in Paris in the years 73. and 77. and now he says 72. and 75. I am informed my Lords and I appeal to the House of Commons they are all Persons of Honour and Worth if my Information be mistaken I beg their Pardon and yours for 't whether he did not mend it after he had sworn it L. H. Stew. Are these all you do demand L. Stafford Yes my Lords Whether this was true or no I don't know â— is what I have been told I appeal to the House of Commons who are all worthy persons I do not believe I have an Enemy among them they know whether I speak true or no. L. H. Stew. When will your Lordship be ready to make your Defence L. Stafford As soon as ever I have them I will not stay a minute a moment an instant I desire not to shew my Counsel nor any one for my Tryal is a thing that I have long desired Therefore I would not be mistaken as if I would put off the Cause I am innocent and shall be so while I live and hope I shall make it appear so I beg if this be a matter of Law whether I may have them or not that my Counsel be heard to it L. H. Stew. This is a matter of Fact L. Stafford I insist upon it as things without which I cannot make my Defence I am innocent and I suppose not one of the House of Commons nor one of your Lordships will debar me of that by which I may make my Innocency appear Lord High Steward You cannot know my Lords pleasure till they are withdrawn Sir William Jones Before your Lordships withdraw I hope you will please to hear us a few words which we think may be for the Service of this Court. My Lords what Evidence is before your Lordships 't is in your Lordships pleasure what of that you shall please to communicate to my Lord Stafford but for this Evidence he speaks of as remaining in our hands and which he takes upon himself to appeal to us for admits of another consideration My Lords if we were conscious of any thing in these Affidavits that were for my Lords Advantage and knew where they were we would
that you were much spent in Discourse and Tired with what already you have done My Lords are extreamly willing to give your Lordship all the Favour and Accommodation possible for the Recollecting your self therefore my Lords will not now put you upon it to go on to make your Defence but will give you time till to Morrow L. Stafford I humbly give your Lordships thanks for your kindness and Favour to me but here I profess and call Almighty God to witness rather than I would have it thought I am willing to put it off I would have sunk down Dead at the Bar. But my Lords there was another Demand that I made Your Lordships say I shall have Copies of all the Journals and that you cannot help me to the Affidavit of Turbervile I submit to it without saying one word more but I desire that I may have brought hither to Morrow the Journals and other Papers in the Lords House but I desire also the two Affidavits of Dugdale taken the one the 24. the other the 29. of December following which Depositions were taken before Mr. Lane and Mr. Vernon in Stafford Town when Dugdale was in Prison L. H. Stew. Look you my Lord This is all under the same Rule What Evidence soever there is before the Court of Peers that you shall have whatsoever Evidence is not in that Court you ought to come provided of the Court is not to stay nor to help you to Evidence L. Staff My Lord I beg your pardon Dugdale made an Affidavit then and says the clean contrary now I desire nothing but Justice and I am sure I shall have all Justice from your Lordships L. H. Stew. Produce it and alledge what you will for your self it shall be heard L. Staff How then shall I be able to make my Defence if I have not those Papers which I humbly concieve by the Law ought to be brought These Gentlemen of the House of Commons say That I could not have Turbervile's Affidavit because it was in the House and they could not give it without consent of the House but this was examined before a Justice of Peace and returned to the Council Sure I shall have that I was examined by my Lord of Essex and my Lord of Bridgewater upon that Affidavit twice I think therefore that is material and necessary and I know your Lordships would not have me come to defend my self without Weapons L. H. Stew. My Lord Stafford I do beseech your Lordship to be a little better informed in your own Business You have leave to make use of the Journal and all Papers that are entred there the Clerks say Dugdale's Oath is entred there L. Stafford Is the 24. of December there Clerk It is there L. H. Stew. Pray my Lord do not put the Court upon Interrogatories but come provided as well as you can L. Stafford If it be entred on the Journal Book I desire not the Original I am very well satisfied L. H. Stew. Will you be ready to go on to morrow my Lord L. Stafford I will withall my heart L. H. Stew. 'T is too late Gentlemen to go on to Night we must Adjourn till to Morrow Lord Stafford My Lords I had so much to write last Night that I had very little sleep I desire I may not come till Ten. L. H. Stew. My Lord I am not able to hear you I take as much pains to come near you as I can L. Stafford I had a great deal to write last Night I say and I want some sleep I desire I may not come till Ten. L. H. Stew. Will you be ready by Ten a Clock to Morrow L. Stafford I will be ready by Ten. L. H. Stew. I will move my Lords when they are withdrawn to Adjourn till Ten to Morrow But my Lord Stafford I do not know how your Lordship is provided or how you look after your own Business If you have not had Copies of the Journal all this while 't is you are in the fault A great deal of it is in Print you may send your Solicitor to the Clerk of the Parliament and take Copies of what you have need of I give you notice of it that if you come unprovided you may know it is your own fault L. Stafford I do acknowledge I have Copies of the Journal Book I think of all but I do not find any thing of Dugdale's second Deposition there L. H. Stew. Here is that of the 24. of December that you ask after send your Solicitor and then you shall have a Copy out of the Journal of it L. Stafford I assure your Lordship I will be ready to morrow if I can get those Copies Lord High Steward My Lords will give you as much Ease and all the Accommodations that are fit L. Stafford Then to morrow I will be ready by Ten a Clock if your Lordships please only I would desire your Lordships to take notice that these Gentlemen of the House of Commons do acknowledge that Turbervile swore one day to one year and the next day to another L. H. Stew. My Lord Stafford you say you can be ready to morâ—ow at Ten a Clock Are you sure you can be ready then L. Stafford I say my Lords this I shall not be so ready as I shall be next day but I assure your Lordships I will rather sink down in the place where I am if you think fit than put off the Tryal L. H. Stew. Look you Gentlemen of the House of Commons in a Case of this consequence and of this Vital Importance to a Man as this is where is the inconvenience if there should be a days respite and the Court should Adjourn till Friday if my Lords be moved in it I make no direction but what inconvenience will be in it Will it not be every way as well Sir Will. Jones My Lords your Lordships does not expect from us to give our consent to put off the Tryal L. H. Stew. I ask only what inconvenience it is Sir Will. Jones Your Lordships are the Judges and will do as you find it reasonable but this I say it is very unusual and scarce to be Presidented that when the Prosecutors have given an Evidence the Prisoner should have time a further considerable time to give his Answer to it the Prisoner knows before hand the general Scope and Drift of the Evidence therefore for him to have time till to morrow is a favour but to have more than that even a whole day to intervene is very unusual L. H. Stew. If that be all and the matter depend upon what is usual I do venture with my Lords leave to inform you that my Lord of Strafford had two days time after the Prosecution to give his Answer to what was said against him Sir William Jones That was an Evidence upon Twenty Eight Articles this but upon Two Heads and that was after a long Examination of many days L. Stafford My Lords
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
if this Informant would undertake the Design he should have a good Reward and make himself famous 3. Upon the aforesaid day immediately after this Informant went into the Chamber of Mr. Francis Urie alias Evers a Jesuit in Tixal-Hall and asked him what the Lord Stafford meant by those words and after he had made him to swear secresie upon his knees he told him he might be a person imployed in the work and have a good Reward that would make him famous and then he told him he must be instrumental with others in taking away the Kings life and that it should be done by shooting or otherwise And that this Informant need not to fear for the Pope had excommunicated the King and that all that were excommunicated by him were Hereticks and they might kill them and be canoniz'd for Saints in so doing 4. The Informant saith that the said Evers and Hobson both said that the Design was as well to kill the Duke of Monmouth as the King 5. That George North Nephew to Pickering and Servant to the Lord Aston lately told this Informant that they had taken his Uncle meaning Pickering and put him into Newgate and thought the King deserved such an execrable death as was intended him because of his Whoring and Debauchery 6. That Mr. Evers said Mr. Bennyfield had a packet of Letters delivered to him from the Post-house which he feared the Lord Treasurer had notice of and therefore he delivered them to the Duke of York and the Duke delivered them to the King and that the King gave them to the Treasurer after he had read them but that the King did not believe them and therefore it was happy or else the Plot had been discovered 7. That he had received many Packets of Letters for Evers some of which this Informant broke up and found them to be and tend to the Establishing of the Romish Religion c. 8. That he had received several Sums of mony himself and knew of divers others that were imployed to put forth mony which was and is for the Jesuits use Stephen Dugdale Taken upon Oath the 24th day of Dcember 1678. before us Tho. Lane J. Vernon L. Stafford My Lords I find by this here that presently after one Howard Almoner to the Queen went over George Hobson Servant to my Lord Aston told Dugdale there was a Design to Reform the Government c. I beseech your Lordships I may ask him how long after he went over this Discourse was Mr. Dugdale I do not say I knew George Hobson before he came to be a Servant to my Lord Aston which was in the year 78. but that this was only a Discourse to me that the Plot had been so long carrying on L. Stafford He says upon his Oath presently after the Almoner went over he told him so Now the Almoner went over years before that when the Proclamation came out to Banish the Queens Servants for being Papists Mr. Dugdale I heard it there I never knew George Hobson before he came to be Servant to my Lord Aston but I did not tell it as a Discourse at that time or that it was more than what I had from him that there was such a Design so long before Lord Stafford He says presently after the Almoner went over in his Oath which was I think in the year 72. or 73. or rather in the year 75. about the end of the year 74. as I remember and he says presently three years after is that presently E'n now the end of August was the beginning of September and how long that was we can't tell and now three years is presently after Sir W. Jones He is telling of anothers Discourse with him L. H. Stew. My Lord you must observe that Dugdale says that he did hear it from Hobson after he came to my Lord Aston's Service Lord Stafford But he says presently after the Almoner went over and 't is impossible for he did not say it till three years after and so there is no truth in him Mr. Dugdale My Lords it was that Hobson told me that presently after the Almoner Howard went over there was such a Design carrying on L. H. Stew. You distinguish not and therefore don't comprehend 'T is one thing if Dugdale had said that presently after there was such a Design Hobson told him so L. Stafford I beseech you it is said That presently after the Almoner went over Hobson told him so L. H. Steward But it is not that presently after he heard the Discourse but George Hobson told him that presently after the Almoner went over there was such a Design L. Stafford 'T is said he was told presently after Then the Information was read again L. H. Stew. Do you know when Howard the Almoner went over Mr. Dugdale No my Lords but by report I heard when he went But I do not make that part of my Oath for I cannot absolutely remember it Lord. High Steward My Lord you must not make a Strain to to make a mistake Lord Stafford Gods Life is three years a Strain Mr. Dugd. I never did mean so nor never did intend so for I never knew him till he came to my Lord Aston's but he told me then this Discourse L. H. Stew. My Lord this is only a Question of Grammar how it can be construed L. Stafford My Lords I beg your pardon 't is to my little Reason a Question of Sense and it is plain to me it can have no other sense but I submit it to your Lordships whether this be not the true Construction L. H. Steward Go on my Lord with your Evidence notice will be taken of your Objection you shall see what they say to it if they do not give it an Answer it will have its weight Sir William Jones We will give that an Answer in due time L. Stafford Then next he says I talked with him at my Lord Aston's the beginning of September where he met with me at Tixal at the Gate And I said it was sad we could not say our Prayers but in private Truely my Lords I cannot say I did not say this to him but if I did say it I do not remember it or that ever I thought so much for I was so much of a contrary Opinion that I thought those of that Religion said their Prayers too openly and have chid them for it And why should I speak it to him whom I did not know what Religion or what Profession he might be of And presently after I spoke of these things he says he went to know what the Design was and then Mr. Evers told him of the Plot and yet yesterday he said he knew it sixteen years ago How can all this be true And besides it seems I could have no great power with him to persuade him for it seems he mistrusted my ability to pay and he had reason for I should hardly have parted with 500 l. in the Condition I was then in
to any one but I have no more to say to him now There is a third Witness one Turbervill I desire to ask him a Question L. H. Stew. Call Turbervill who stood up Lord Stafford I desire to know what time he came to serve my Lady Molineaux for it is in the beginning of the Information in the House of Commons that he came in the year 73. and how long he staid with her L. H. Stew. My Lord Stafford if your Lordship please there was an offer made to you that those Affidavits should be produced if you desired to see them L. Stafford I think I shall have no occasion as yet it may be I may by and by But I desire to ask him this Question first whether he did not say he came in the year 73. into my Lady Mary Molineaux her Service and staid with her about three years L. H. Stew. Did he swear in the year 73. he came L. Stafford 'T is so in his Narrative in Print L. H. Stew. Do you own that Narrative in Print for true Mr. Turbervill No my Lords L. H. Stew. How can you challenge him then with a Narrative he does not own L. Stafford Then what can a man do if he must not go according to what is Printed Mr. Turbervill There is a mistake in the Printing of it there is a mistake of 73. for 72. L. Stafford I now desire that Affidavit may be produced L. H. Steward Pray let him have the benefit that was offered him of the Affidavit Mr. Turbervill Besides I declared I could not be positive to a year I own any thing else in it L. Stafford Then my Lords if I shall have fellows that will not swear to Months nor to years I beg of your Lordships to know whether these be legal Witnesses Managers The Affidavit is in the Custody of Sir William Poulteney a Member of our House Sir Will. Poulteney My Lords I have the Affidavit if you please I shall give you an account what I did upon it and Sir Thomas Stringer another Justice of Peace My Lords after that Mr. Turbervill had given his Evidence to the House of Commons Vivavoce he tendred to them this Information that I have in my hand The House of Commons after it had been read thought it might be convenient to have it sworn to before two Justices of Peace Whereupon Sir Thomas Stringer and my self withdrew into the Speakers Chamber Mr. Turbervill came to us we read over the Information to him again and after we had read it over it was signed and he swore it In this Information when we then took it he declared there that he came to my Lord Powis in the year 1673 and came into England 1676. After we had sworn him we carried this Information into the House again The next morning my Lords he came to me I being one of the Justices that had sworn him and told me that searching among his Papers the last night for a Letter which he had said he had received from my Lord Stafford sent to Diep though he could not find the Letter he looked for yet he found that the precise time that he went to live with my Lord Powis was 1672 and the precise time of his coming into England was 1675. And he desired me to acquaint the House of Commons with it that this Circumstance of time might be altered Whereupon my Lords I did acquaint the House of Commons with it how he was mistaken in that point of a Circumstance of time and that he came of his own accord and desired me to move the House in it I moved the House and they did direct we should withdraw again and take his Information again and that he should amend it he amended it and made the 73 72 and the 76 75 and then afterwards we swore him to it again de novo and this is the matter of Fact concerning the Affidavit L. H. Stew. Sir William Poultney Did Mr. Turbervill correct the mistake himself first or was it found and altered by others Sir William Poultney My Lords he came to me for I did not know any thing of it that he was mistaken but he came to me the next morning assoon as ever I came to the House before indeed I entred into the House and told me of the mistake and told me the reasons how he came to recollect himself and find out the mistake L. H. Stew. Mr. Turbervill I would ask you the Question how came you to be informed that you had mistaken your self Mr. Turbervill My Lords I 'll tell you I was searching for a Letter which I received from my Lord Stafford and missing that I found my Discharge I had from the French Army wherein I saw my mistake as to the time and that I have to produce L. H. Stew. I ask you again by the Oath you have taken did you correct it of your self or by information from any other Mr. Turbervill By the Oath I have taken I did correct it of my self and no body moved it to me Mr. Serj. Mayn It was but a Circumstance of time Sir Fran. Winn. And corrected by himself the very next morning my Lords L. Stafford He does acknowledge he did forswear himself once and did make himself an honest man the next day when he was a perjured Villain the day before And now he tells your Lordships that he was searching for a Letter that I sent to him but he cannot find it Mr. Turbervill No my Lords I thought I had it but I cannot find it L. Stafford No I 'le swear thou canst not But then he does say that he had a Discharge from the French Army Mr. Turbervill Yes 't is here my Lord. L. H. Stew. Is that the Paper of your Discharge Mr. Turbervill Yes it is 'T is worn out a little and torn but the Seal is preserved I did not know that ever I should have occasion to make use of it but my Lord Challenging me for a Coward and a Deserter of my Colours L. Stafford I say so still for I have heard so L. H. Stew. Your Honour is not in question Mr. Turbervill Mr. Turbervill The Title is a little torn and if your Lordships please I will read it which he did being in French and is rendred in English in these words THis certifieth to all to whom it shall appertain that I have given an absolute Discharge to the Sieur Turbervill a Cavalier of my Company after having served the space of six months with all Honour and Fidelity Therefore I desire those that are to be desired to treat him Civilly and let him pass and re-pass without doing him any Injury or giving him any hindrance But on the contrary to afford him all Aid and Assistance where it shall be necessary promising the like upon all occasions that shall require it In Confirmation of which I have for him signed this present Discharge and thereto put the Seal of my Arms to
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
with my Lord. L. Stafford Did he hear us discourse or any word we said Mr. Ansell No I did not Sir Will. Jones My Lords if you please before Ansell go away we would ask him a Question to another point and that is For what reason Dugdale was secured whether he went away for Debt or no L. H. Stew. Do you know wherefore Dugdale was secured or why he went from my Lord Astons Mr. Ansell I can't tell why he went away whether for fear of the Plot or no I can't tell Sir VV. Jones What discourse was between you and Dugdale about it Mr. Ansell Where There was a discourse at Stafford when he was there Sir VV. Jones But before he went away Mr. Ansell I came to my Lord Aston's one day and told Mr. Dugdale I heard say he was concerned in the Plot for I told him I was amongst some people and they say you are concerned in the Plot. And this was about a fortnight after the News was hot in our Country L. H. Stew. What said he Mr. Ansell He laughed at it and said God blast him if he knew any thing of it L. Stafford So he denied it then Sir VV. Jones Pray Sir at that time did he say he knew any thing about my Lord Aston and why my Lord Aston did use him ill Then my Lord Stafford objected Mr. Dugdale was too near the VVitness and desired he might go down and it was ordered accordingly Sir Fr. VVin. My Lords we would ask this man what does he know of Dugdale's concealing himself after he had heard of the discourse about the Plot. Mr. Ansell I know not that my Lords he was fearful of coming in company what his discourse was I do not know Sir VV. Jones My Lords now if it please your Lordships we will go to another particular Yor Lordships will please to remember that yesterday there were two Witnesses called by my Lord Stafford that is Sambidge and Philips Sambidge was the old Gentleman that was deaf and a little passionate too because he was once summoned to Litchfield Court Mr. Philips was the Minister of Tixal And both these did testifie That whereas Mr. Dugdale had sworn at a former Tryal that he did give notice before them of the death of Sir Edmunbury Godfrey upon Monday which as I take it was the 14. of October there was no such notice given in their presence Mr. Dugdale did affirm they were by and that he gave notice before them others This was made use of by my Lord to invalidate the Testimony of Mr. Dugdale that he should go and affirm at a former Tryal that he did give notice of the death of Sir Edmundbury Godfrey within two days after he was killed before any one knew of it and Dugdale must needs know it from the Jesuits and both of these Gentlemen being now in Court do deny that they heard of it at that time My Lords we shall prove to you here that he did give notice of it at that time and that they were both present For Mr. Sambidge it is not so strange he should not observe it he was very deaf and he could hardly hear yesterday and as he was deaf so he was very passionate As for Mr. Philips I cannot say that as to him but perhaps he cannot at that distance of time remember but we will prove by undeniable Witnesses that notice was given that Munday and that these persons were by when it was given Sir Fran. Winn. This Witness we use to another purpose besides this but we will ask him only to this now L. Stafford I desire the Witnesses may stand by themselves L. H. Stew. Let them take care that there be but one Witness at a time and that no body approach them while they are giving their Testimony Sir Will. Jones We did not make the like desire as to my Lords Witnesses L. Stafford In troth you might with all my heart if you would Sir Will. Jones It may be so but we did not fear them so much Swear William Goldsmith which was done Sir Will. Jones I would begin with James Ansell who appeared and stood up again Sir Fr. Winn. If your Lordships please we would ask him what he knows of a discourse about the Justice of Peace's death to tell the time and what it was that was said We only ask general Questions L. H. Stew. What discourse did you hear of the murder of a Justice of Peace and when Mr. Ansell My Lords I heard it at Tixal L. H. Stew. When did you hear it first Mr. Ansell The 14. of October L. H. Steward Who did you hear it from Mr. Ansell From Mr. Dugdale L. H. Stew. The Letter was dated the 12. Where did you hear of it Mr. Ansell It was at one Elds House an Alehouse in Tixal L. H. Steward Where Mr. Ansell At an Alehouse hard by my Lords L. H. Stew. Who was by Mr. Ansell When that was spoken there was I and VVilliam Hanson and Mr. Sambidge and Mr. Philips L. H. Stew. Did Dugdale speak with them at that time Mr. Ansell Yes he was with them at that time but he spoke with me at the Parlor for he sent for me into the Parlor L. H. Stew. Then at the same time he spake it to you and they were in the House Mr. Ansell Yes he came from them to me into the Parlor and went to them again Sir Will. Jones My Lords I hear him speak to the day of the Month if you please to ask him if he can tell what day of the Week it was Mr. Ansell It was on a Munday L. H. Stew. That is right the Letter was dated on Saturday the 12. of October Sir Fr. Winn. I would ask him whether afterwards he came into the Room where Mr. Philips the Parson was Mr. Ansell Yes Sir Fr. Winn. Was there any discouse after you came in about the Death of â— Justice of Peace Mr. Ansell I cannot tell that L. H. Stew. Will you please to ask him any thing my Lord L. Staff Indeed my Lords he says nothing concerning me therefore I say only this I desire to know if he can tell what time of day it was Mr. Ansell It was the Forenoon Sir W. Jones Then call Will. Hanson again who appeared Sir Fr. Winn. We call him to the same Question Do you declare to my Lords what you know of Mr. Dugdale's acquainting you with the Death of a Justice of Peace and when it was Mr. Hanson I heard Mr. Dugdale say at Old Elds house at Tixal There was a Justice of Peace murdered that lived at Westminster L. H. Steward When did he tell you so Mr. Hanson The day that I went to run the Race the 14. of October Sir Fr. Winn. Can you remember what day of the week it was Mr. Hanson It was Munday L. H. Steward Was it the Forenoon or Afternoon Mr. Hanson The Forenoon L. H. Stew. What Company was in the house when he
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
there is an Accompt made up under his own hand of almost Two or Three hundred Pounds which sum I cannot say but one of them I am certain of which he hath denyed several times that he had it but I can prove that he hath it if he will be pleased to produce that Book we need not be a quarter of an hour in making up the Accompt He did speak of some other sums he had to place to Accompt too but so much was made up already But Captain Hawley saying he would not speak with him nor any of us from him I did take the liberty to say to Captain Hawley That it was hard his Lordship and his party should abuse Mr. Dugdale at that rate to make him his Debtor for now I understood by what Mr. Dugdale said my Lord was his Debtor And said I if I can perswade Mr. Dugdale he shall publish his Case for the Protestant Interest suffered by it That he should be made a Debtor to my Lord when he was not so And I believe Capt. Hawley told my Lord Aston what I did say for when he came back again from my Lord Aston he said my Lord did acknowledge he had that Book and it was ready to be produced but he would stay till a Councellor of his came out of the Country and till he had spoke with the Lieutenant for he would not speak with Mr. Dugdale unless the Lieutenant were by and in three or four days time he would send for him but I never heard that he sent for him ever since If it please your Lordships I have one thing more that I remember There was a young man that belonged to my Lord Aston's Family that heard Mr. Dugdale was at Captain Hawley's Chamber and came to see him and paid a very great respect to him and would stand bare to him though Mr. Dugdale desired him to put on his Hat several times Some of us asked him whether Mr. Dugdale was thought to be such a Knave when he lived with his Lord as they would have made him since No said he Mr. Dugdale was as honest a Gentleman as ever lived in our Family I remember my Lord Aston's man said this to us then L. Stafford My Lords Will you be pleased to give me leave if I speak impertinently I am under your correction I conceive I shall have something to answer this but I would first know whether I may desire of your Lordships that I may have my Lord Aston here to give an account of this matter Sir Will. Jones If he were here he could not be heard being a person accused for the same offence L. H. Stew. My Lord he stands Indicted for the same Treason and cannot be a Witness L. Stafford I beg your pardon my Lord. Nicholas Boson was sworn L. H. Stew. What is your Name Witness Nicholas Boson Sir VV. Jones Declare to my Lords what you know concerning Mr. Dugdale's pressing my Lord Aston to come to an accompt Mr. Boson In January last I met with Mr. Dugdale and one Mr. Noble and one Mr. Colledge And Mr. Dugdale desired us to go down with him to the Tower He said he had an Order of the Council to pass his Accompts with my Lord Aston and when we came there we enquired for Captain Hawley and desired him that he would acquaint my Lord Aston that he was there to accompt with him Captain Hawley went up to my Lord Aston and brought word back again my Lord was not at leisure or would not speak with him or to that effect whereupon Mr. Dugdale said it was very hard that he should be aspersed to owe my Lord Mony and he would not come to accompt with him For my Lord Aston had a Book or Books in his custody which he would stand by and they would determine the business between them that my Lord Aston was almost Two hundred pounds in his debt And pray says he Captain Hawley do me the favour to go to my Lord Aston again and desire him that he will be pleased to produce that Book or Books If I owe my Lord any money I am ready to pay him and if he owe me any I hope his Lordship will do the like by me as I am sure he does Two hundred Pounds Captain Hawley went away and brought this Answer That his Lordship would send for him in some short time assoon as a Coâ—nellor did come out of the Country whom he had entrusted with his Books and that was one Birch as near as I remember Sir Will. Jones We have done with this Witness And because we desire to conclude as to Mr. Dugdale we shall call some persons of Quality as to his Reputation my Lord having gone about to make him a man of no Reputation Mr. Boson I can speak too about the Boy that came in Sir VV. Jones There is no need of that now we shall trouble you no further Sir Your Lordships will be pleased to observe That Mr. Philips the Minister that was one of my Lord Stafford's Witnesses did say Mr. Dugdale was a man of whome many spoke well and some indifferently and perhaps that is the case of most good men for scarce any are so good that all speak well of them but that many should speak well and some indifferently of him may be the lot of a very good man We shall call some Witnesses and begin with Mr. VVhitby a Justice of the Peace that will tell you he hath known Mr. Dugdale long and what Reputation he is of Thomas Whitby Esq sworn Sir John Trevor My Lords We desire your Lordships would be pleased to ask him what Reputation and credit Mr. Dugdale was in in my Lord Aston's Service Mr. VVhitby My Lords I have known Mr. Dugdale to be a Servant to my Lord Aston this nine or ten years he was Steward to him and there was no other person between my Lord and him he received my Lords Rents and Debts for him exchanged his Lands for him in forty places I exchanged some Land with my Lord my self and he was the man that did it He was very hard for my Lords advantage and did what he could for my Lords profit Sir John Trevor What do you know more as to his dealing Mr. VVhitby He was a person that was next to my Lord and did rule and govern the rest of the Family All the Servants were under him Sir John Trevor Was he looked upon to be an honest man in his dealings Mr. VVhitby As to what I had to deal with him he was an honest man I never heard the contrary I have heard some Tradesmen complain that he hath put them off without Money would not pay them what my Lord owed them L. Stafford I desire that Mr. VVhitby may be here when I shall have occasion to say something to him Sir VV. Jones That will be I hope by and by for we have almost done Call Mr. VVilliam Southall VVho was sworn L.
but puts them off and makes them complain says my Lord my Son is now at Standall but I will tell him as soon as he comes home and if you will bring the persons that have waited so long for their money and made so many journeys you shall hear what he will say to it Within a while my Lord Aston that now is came down and I went thither to see what became of it And I went to the Bâ—wling Green where my Lord and his Son were but my old Lord said nothing to me of it nor his Son neither Within a few days my old Lord Aston's Gentleman came down to my House one Mr. Ashley said I I wonder whether my Lord Aston hath acquainted his Son with what I told him says he he hath but it signifies nothing for he will hear nothing against Mr. Dugdale This I speak upon my Oath 't is true L. H. Steward Your Lordship sees what this Gentlemans Opinion was of Dugdale then he would hear nothing against him Will your Lordship conclude L. Stafford My Lords I am mighty unready and know not which way to turn my self upon those new things they have brought for I knew nothing of it nor expected any such thing But will you be pleased that I may call Simon Wright again VVho stood up L. H. Stew. What would your Lordship have with him L. Stafford I have nothing to say to him but to desire him to seé this Letter whether it be of his own Writing or no. L. H. Stew. Look upon that Paper shew it him which was done L. H. Stew Is it your hand Wright This is my hand 'T is part of that I was hired to do There is another of a great deal more consequence than that L. H. Stew. Deliver it in and read it Clerk June the 14. 1680. Sir I Can I bless God with a safe Conscience declare upon Oath that Mr. Dugdale hath been unkind to me in taking his opportunity of my Poverty by reason of a private meeting of us two by his appointment he did that time proffer if I would swear against You and Mr. Gerard he would protect me as one of the King's Evidence and I should not want Money and in the Hall at Westminster he said if I did discover it that day at Mrs. Price's Tryal he would set me in the Pillory This I have owned to his face and shall not go back from this and more neither for fear nor favour So I rest as you shall find by your Servant Sim. Wright L. H. Steward Is this your hand VVright Yes my Lords this I was advised word for word to write L. H. Stew. Who pen'd this for you Did you pen it your self VVright No my Lords they penn'd it and a great while I would not set my hand to it but Jermin Drayton said I need not fear I was not to swear against the King L. H. Steward Who is that VVright He is Butler to Mr. Heveningham L. Stafford See what you have under his hand I have no more to say to him VVright But by their perswasion at last I did wright it and a great deal more then that Sir William Jones I desire to ask Mr. VVright whether they would have had him swore this L. H. Stew. Were you desired to swear this VVright No my Lords they never put me to swear it for they told me I was not to swear against the King but if I would be so kind to make an Affidavit before a Justice of Peace I might then go where I would into the Country and I should have money to bear my charges Sir VVilliam Jones Who would have had you swear it before a Justice of Peace Wright Jermin Drayton and Mr. Longmore where he is I can't tell but he told me that Sir James Symons was better able to perform than Dugdale was to promise Mr. Serj. Maynard The same thing that was done by Redding he was convicted for it and stood in the Pillory Sir Will. Jones We desire to know whether he was ever with Sir James Symons himself and what he offered Wright I was once with him at the Kings Bench I dined there after I had written the Paper that was read he gave me 20 s. and said he hoped I would not go off from what I had said and he hoped I was sensible his gratuity would not be wanting and was sorry he had not occasion to use me Sir Will. Jones My Lords we have done with him I only observe that my Lord Stafford was pleased to produce this Paper he was Master of it and had it in his keeping Sir Fran. VVinnington Wright says there is another Paper of more Consequence I wish his Lordship would produce that also L. Stafford I did not know of this till just now it was delivered into my hands Did you see Mr. Longmore before this Letter was writ VVright Both before and after to the best of my remembrance and at the time when Sir James's Tryal should have been at the Sign of the Crown in Kings-street in Bloomsbury L. H. Steward My Lord will you conclude L. Stafford My Lords I desire your Lordships Pardon I do not know how really to go about it to night I will obey your Commands though I fall down at the Bar. I protest before God I was all night so ill of the Cramp that I had no repose If you will have me go on I will if you will give me but a little time to recollect my self L. H. Steward God forbid when your Lordship is to speak upon so great a Concern and a matter of that importance as this is to you you should be put at the end of the day and in the midst of all your thoughts to sum up your Evidence I do believe if you do desire time till to Morrow my Lords will give it you And if you would have me move my Lords in it I will L. Stafford One word I beseech your Lordships Sir VVilliam Jones We do not oppose it L. Stafford My Lords I desire one thing I am very ignorant in this matter and do not understand it I would desire your Lordships directons to know in what method I must proceed L. H. Stew. Your Lordship is to proceed thus if you please Your Lordship is to recollect and recapitulate all the Proofs you have made and you are to enforce them as well as you can and make such Observations upon them as are for your own advantage and this your Lordship must do for the Fact If there remain a doubt in Law which you may have occasion to move Counsel may be demanded and if it be considerable and worthy of debate you may have Counsel heard to speak to it But the Process is closed no more Witnesses are to be heard There remains only Observations upon the Fact or Law to be made L. Stafford Are no more Witnesses to be heard L. H. Steward No I think not 't is agreed on both sides
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
and names of his Witnesses we shall not oppose their being heard Sir Fr. Winn. If your Lordships please one word further We know well of what Concern this is to my Lord and no body desires to have him crampt in his Evidence The Objection did lie fair on our side it looking like a designed delay and yet we are willing to comply with this Reservation that if there should be any such Witnesses produced now as may require an Answer that we may not be foreclosed of advising with one another about it L. H. Stew. No by no means My Lord Stafford your desire is consented unto upon these Terms That your Lordship will now name the persons and number of the Witnesses you will call Mr. Hambden And the Points to which you will call them L. Stafford I humbly thank your Lordships for the favour but it is an impossibility for me to do it If your Lordships will give me a quarter of an hours time I will name them I cannot name some of them one is my Lord Ferrers another is one Dr. Taylor Dr. Watson Dr. Elliot and one William Dale L. H. Stew. Now to what Points will your Lordship call these Witnesses L. Stafford My Lord Ferrers is to speak his knowledge of Southall the Coroner and that is as to Dugdale my Lord knows that person Dr. VVatson and they are to invalidate the Testimony of Dr. Oats and there is another mans Name I forget what it is Sir Will. Jones To what Point is he to be a Witness L. Stafford 'T is to Dr. Oats and the Evidence against me Mr. Serj. Maynard So there will be pretences made every moment of some new Witness to put off this Cause Lord Stafford Under your Lordships favour I scorn to make any delay If you think this may not be material or not fit to be done I will quit it L. H. Stew. Go on my Lord. L. Stafford Will your Lordships be pleased to begin with my Lord Ferrer s who stood up in his place L. H. Stew. My Lord Ferrers your Lordship is called upon by my Lord Stafford and you being a Witness for the Prisoner and against the King your Lordship is not to be sworn Lord Ferrers My Lords what I have to say concerning that person my Lord named Southall is only upon Hear-say and upon the Reputation he hath in the Countrey for I have no acquaintance with him nor do know him at all But the Reputation that hath been given me of him in the Countrey is That he hath been a very active man in the late times against the King and is counted to be a very pernicious man against the Government Lord Stafford Call Dr. Taylor Servant I know not where he is he can't be found at present L. Stafford Then call VVilliam Dale in the mean time My Lords This same Southall I never heard of the other man that drew up the Affidavit that is Feake I know he was named by Southall to joyn with him in the Examination I can tell what he was I can prove that he is an Attorney that he was Mayor of Stafford and proclaimed the King Traytor L. H. Steward Who was that Lord Stafford One that drew up the Affidavit of Dugdale Feake mentioned by Southall L. H. Steward Who is your next Witness my Lord L. Stafford One VVilliam Dale who being called appeared L. H. Steward What is your Name VVitness VVilliam Dale L. H. Stew. What do you say L. Stafford About Dugdale my Lords what he knows about his offering him any money Sir VVill. Jones We desire to know where he lives Dale Dugdale never offered me any money L. H. Stew. Where do you live Dale At Owseley-bridge L. Stafford Pray ask him whether Dugdale persuaded him to swear against my Lord Aston something he knew not L. H. Stew. Did Dugdale ever hire you to swear against my Lord Aston Dale No he never hâ—red me L. H. Stew. Do you know that he ever hired any body else to swear false Dale I do not my Lords L. Stafford My Lords I most humbly thank your Lordships for your favour in giving me the liberty of examining these other Witnesses I shall trouble you no further nor give no more Evidence only one Witness my Lords I shall trouble you no further and that is Mr. Lieutenant of the Tower to this point whether my Lord Aston did refuse to come to accompt with Dugdale L. H. Steward Come Mr. Lieutenant do you know any thing about Accompts between my Lord Aston and Mr. Dugdale Mr. Lieutenant My Lords last Summer was 12 month Dugdale came to the Tower but my Lord Aston would not speak with him unless I were by so they brought him to my Lodging and he shewed me the Books of Accompts Itold them I did not understand Accompts but if they would have me be by I would get some body to be present that did and have them adjusted Mr. Dugdale said he whould come another time but from that time to this I never heard of him L. Stafford My Lords I shall not trouble you with any more Witnesses My Lords I have now done my Evidence I shall as well as my weak memory and old Age will give me leave sum it up something as well as I can of the Evidence given against me and for me Truly my Lords I am able to do it very imperfectly for want of understanding and truly for want of sleep but I do not doubt but that according to the Law as I am informed it is since I can have no Counsel in matter of Fact or to advise me in any thing of that nature yet I am also informed by the Law your Lordships who are my Judges are my Counsel And I do not doubt but your Lordships when you take it into consideration will supply any defects which I shall commit which I believe will be many I shall spend your Lordships time as little as I can though these Gentlemen of the House of Commons believe I desire to protract it yet I profess before God I do not And I declare before them all and your Lordships I am so satisfied of my own Innocency that I would never beg a moments time of delay and I know your Lordships will take care of the Life of the meanest Subject and though I have had the honour to sit among your Lordships as a Peer yet I ask not for your favour but with your justice too I shall therefore sum up my defence as well as I can For the first Witness Dugdale he swore I was at a Consult at Tixal in the end of August or the beginning of September I have sufficiently proved that in all August I was not there nor till the 12. of September I have proved that his first Oath was I was there in August and a man that will swear false in one thing is not to be credited in any I have made it appear to your Lordships that upon the 20. of
proof of it 't is not to affect me Fifthly There is is one Point of Law more That no man can be condemned for Treason as I conceive by one Witness and there are not two Witnesses to any Point These are the Points of Law I humbly beg your Lordships pardon for the trouble and desire your Opinion in them Sir William Jones My Lords Before we make answer to what my Lord hath said I do humbly desire That for the Objection which he hath made against Mr. Southall proved by a Noble Lord of this House though I must observe it was not of his own knowledge but by Hear-say and that matter of Hear-say contrary to the Act of Oblivion to the end there may no doubt remain of Mr. Southall's Credit that a Noble Lord of this House and a Gentleman of the House of Commons who both know Mr. Southall may be heard to his Reputation Sir Fran. Winn. My Lord Ferrers knew him not himself but my Lord Brook and Mr. Gower will give a better account of him Then the Lord Brook was sworn Lord Brook My Lords What I have to say concerning this Mr. Southall is That he hath been often employed both by my Brother and my Mother and they have so good an Opinion of him that they employ him still and therefore we take him for an honest man and an able man or he would not be so much trusted and employed and I take him to be a very good Churchman for if he was not I would not employ him L. H. Steward An honest man an able and a good Churchman your Lordship says Lord Brook He receives the Sacrament four times a year Sir Will. Jones Then swear Mr. VVilliam Leveson Gower a Member of the House of Commons which was done in his place Mr. L. Gower My Lords I have been near 7 years of Staffordshire but did not know Mr. Southall till this Popish Plot was discovered After that I came acquainted with him being a Justice of the Peace in that County in Court where I found him to be the most zealous Prosecutor of the Papists in that Country no man like him I likewise found several Popish Priests had by his means been apprehended and imprisoned and one of them since convicted who by the way still remains unexecuted in Stafford Goal What Opinion some may have heard or had of him formerly I cannot tell but this I know that he hath more than once come to desire my Assistance that he might prosecute the Papists the most effectual way upon the Statutes made for that purpose and that he did complain to me that he had not met with good usage elsewhere My Lords I take Opinion to be grounded upon Principles and I do observe that those of this Country who do believe this Popish Plot and know Mr. Southall and are principl'd for the Preservation of the King the Protestant Religion and the Government do at this time speak well of him and those who are not so principl'd speak otherwise My Lords I was surpris'd when I heard my Name mention'd upon this occasion I have told your Lordships all the matter of Fact that upon the suddain occurs to me with my own Opinion which I offer with all submission and had I had notice I might possibly have recollected more which I would freely have declared to your Lordships but this is all that I can now say L. Stafford My Lords if your Lordships please I would say one word if you will give me leave I am very ignorant and beg your Lordships pardon for troubling of you I humbly desire to know whether after the Points of Law are argued I may speak something not concerning the Evidence of the Plot but concerning my self Sir Will. Jones My Lords we shall not oppose the saying any thing he can for himself but we must conclude and have the last word L. H. Steward My Lord the Gentlemen that are for the House of Commons must conclude My Lords will give you all the favour they can but they must have the last word L. Stafford I do not oppose it L. H. Steward Therefore you will do well to say all you have to say together For the Points of Law my Lords will give no Judgement till the Commons have answered them and they I suppose will first sum up the whole Proofs then you may say what you have to say for they must make an end Gentlemen will you speak first to the Law Sir Will. Jones No my Lords first to the Fact L. H. Steward Go on then Then Sir William Jones One of the Committee appointed to manage the Evidence began to sum up the same as followeth MAy it please your Lordships We have now done our Evidence as to matter of Fact and that which I have in Charge at this time is to remind your Lordships of our Proofs to answer the Objections that have been made against them and to make some Observations upon the whole My Lords The Members of the House of Commons that were appointed for the Service of the Management of this Tryal those of them I mean who began the first day made a Division of our Evidence into two parts the one that which concerned the Plot in general and the other what related to this Lord in particular My Lords as to the Plot in general we did call six Witnesses I know some of your Lordships have taken Notes and you have their Names they were Smith Dugdale Prance Oats Denis and Jenison My Lords because I will save as much of your time as I can I will not take upon me to repeat what each Witness said as to the Plot in general but when I come to the Evidence which immediately concerns my Lord I must beg your favour that I may be more particular I will say thus much for the Proofs of the Plot in general That there was by those Witnesses so much fully proved that made it most apparent That there was a general Design amongst the Roman Catholicks to introduce their false Religion into this Kingdom That the Jesuits had several Meetings to that end That they endeavoured to do it by several ways by raising of Armes by collecting of Monies and by designing against the Kings Life nay they had so far advanced their Designs and were in so much readiness as they thought it time to appoint Officers not only for their Army but for the Civil Government as if the Work were already accomplished Your Lordships were told by one of the Witnesses of a Lord Chancellor and of a Lord Treasurer Lords now in the Tower yet to be tried and you were told also of Officers for the Military part a General a Lieutenant-General and this Lord at the Bar to be Pay-Master of the Army I shall my Lords desire to take notice to your Lordships That this Design though it was to be finally acted by other Hands yet was it first contrived and afterwards carried on by the Priests and
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
of those Letters shew me the Letter you carried to the Post-house My Lords were those Letters written to Dr. Oats Did they belong to him Or is it possible that my Lords Letter delivered by the Doctor to the Post-house should now be shewn by the Doctor or that the Letters writ to the Superior of the Society of the Jesuits should be produced by one that was a Novice of that Society Does Dr. Oats talk of any one Letter written to himself You will then I suppose see no reason to expect those Letters should be produced by him that were not written to him and the custody whereof belonged to others My Lords I must observe to You that there have been great Endeavours used to Invalidate our Testimony we have had Witnesses called against Witnesses and my Lord hath had that Advantage to do it which perhaps was never given in any Case before and which I hope will never be again The Evidence hath been Printed and Published to the World before it hath been given I say not that it was not necessary in this Case which was a National Cause and the Cause of our Religion but I do say it would not be fit to be done in other Cases for the notifying of the Evidence is the way to have it falsified and corrupted But notwithstanding all these Advantages my Lords I appeal to your Lordships Memories what considerable contradiction hath been given It is true some Witnesses to that end have been brought before your Lordships but those Witnesses have been rendred incredible by more credible persons and I would desire your Lordships to observe That tho' my Lord hath failed of proving any Subornation in our Witnesses yet we have proved much Subornation endeavoured by his Agents Your Lordships have the Record against Redding before you and what Reference that hath to the Lords in the Tower every one does remember and my Lord is mentioned in that Record And I might likewise mention the business of Cellier and what therein related to the Lords in the Tower and I 'le name but two Witnesses more that have been attempted upon this Nature There was Wright the Barber all the Applications were made to him that could be Money given Letters writ Insinuations that he was not to Swear he was but to Write and that was easily done or if he would be so kind to Swear it he should never come into open Court only go before a Justice of Peace So that your Lordships will observe by what steps and degrees men were endeavoured to be Suborned And then Launder tells you what was offered to him to perjure himself how he was brought to Tixall and what endeavours were used to make him Swear against our Witnesses These things are plain both by Records and particular Proofs upon Oath But my Lords lest we should want proof of all This very Lord I pity him for it hath been so unfortunate as to bring that Paper out of his Pocket which Wright says he had money to frame and was to Swear to It seems my Lord had the Command of it it seems to have been prepared for such a good time as This and the producing of this Paper is as full a Confirmation of this point as can in reason be expected My Lords I have been I fear too long already and yet I fear I have omitted as many particulars as I have mentioned My Lords The Evidence is so strong that I think it admits of no doubt and the Offences proved against my Lord and the rest of his Party are so foul that they need no aggravation The Offences are against the King against His Sacred Life against the Protestant Religion nay against all Protestants for it was for the Extirpation of all Protestants out of these Three Nations I mean not of every one that is now so but of every one that would have continued so every one amongst us if these Designs had been accomplished must either have turned his Religion or turned out of his Countrey or have been burned in it 'T is a Design that appears with so dreadful a Countenance to Your Lordships to this great Assembly and to the whole Nation that it needs not any words I can use to make you apprehend it If the matter be fully proved as I see no reason to doubt but that it is I am sure your Lordships will do that Justice to Your King and Countrey as to give Judgment against these Offenders which will not only be a Security to us against them but a Terror to all others against comitting the like Offences L. Stafford I beg of your Lordships to know whether you will give me leave to speak a word And my Lords I shall not speak any thing but as to a mistake Sir Will. Jones hath made in two or three things Pray my Lords may I put you in mind of them Sir William Jones If there be any mistake pray tell us what it is L. Stafford First My Lords he did omit telling you that Mr. Turbervill's Brother did say he came in 71 to my Lord Powis's Secondly He says I have proved my self a Papist because I have not taken the Test My Lords the Test was since I was in the Tower and whether I will take it or not I do not yet know till it be offered me The Third is this That this Letter was in my Pocket which I produced to you my Lords I knew nothing what was in it it was given into my hand as I stood here at the Bar. Fourthly He said Hobson did go out of England with the Almoner he did not so Another thing he says that I said Oats was an infamous person because he went to a Church that I said was Idolatrous I only said it was so adjudged by Act of Parliament I find my Lords these things he is mistaken in and that my Lords made me very willing to put You in mind of them L. H. Steward Gentlemen I would ask you whether you take any Notice of the Points in Law Sir Fran. Winn. After the Fact is stated my Lords we shall Then Mr. Powle also one of the Committee appointed to manage the Evidence proceeded further in Summing up of the same Mr. Powle My Lords the Learned Person that spake last hath left very little for me to say in the Summing of this Evidence But because this Noble Lord hath been pleased to alledge several Reasons from whence he would infer at least a great improbability that he should be guilty of the Treasons whereof he stands Accused I shall crave your Lordships patience that I may give Three or Four words in answer to those particulars My Lords In the first place this Noble Lord was pleased to begin and afterwards to continue his Defence with making protestations of his own Innocency We very well know your Lordships sit now in the Seat of Justice and whatsoever credit or regard your Lordships please to give to the Protestations of a Peer in
a point of Fact Let us therefore resort to the Articles themselves In the 2 d Article it is alledged that he with the rest did most wickedly and traiterously agree conspire and resolve to Imprison Depose and Murther His Sacred Majesty and to deprive Him of his Regal State and Government And then the same Article alledges farther that they did contrive and consult to effect the Murther of the King by Shooting by Poisoning and by Stabbing All these particulars are expressed so that when my Lord said the Articles were therein defective all we can say is that he was misinform'd My Lords there was another Exception taken that this is the Impeachment of another Parliament I must not now repeat how this Point was agreed by both Houses at a Conference But it was then declared upon search of Precedents in all ages that it was the Law of Parliaments which is the Law of the Land that if once an Impeachment by the House of Commons were lodged in the House of Lords tho' that Parliament were dissolved the Impeachment remained in the same state It was the Cause of the Commons of England who only change their Representatives in a new Parliament It has been also objected that this Prosecution ought to have been upon an Indictment As if an Accusation of the House of Commons who are the grand Inquest of the Nation were not as effectual to bring Offenders to Justice as the finding of a particular Jury My Lords I should wonder to hear this Objection made were not my Lord to be easily excused for his knowing the Law no better None who know any thing in the Law would have urg'd such a thing His Counsel I dare say did not suggest this matter to him It is true my Lords when a Peer comes to be Tried by way of Commission or in Parliament when it is not at the prosecution of the Commons there an Indictment is first found in the proper County and brought up before the Peers by Certiorari and upon that they proceed But whether the Party be Peer or Commoner if he be Impeach'd for any Crimes surely no one can deny but that by the constant use of Parliaments the Lords have proceeded to Trial and have given Judgment thereupon without an Indictment found So that this Exception will be of no force at all As for the remaining Objection that there are not two Witnesses to prove any one Overt Act the Kings Person would be in no manner of safety if that Doctrine should be once allowed Conspiring to kill the King is the Treason laid in the Impeachment and the several Overt Acts are so many several Evidences of that Treason Words themselves if they signifie an intention to do an Act and express something to be done in futuro are a sufficient Overt Act a legal Evidence of Treason Then we prove by another Witness not words of encouragement only but offers of money and they are both to the same kind of Treason tho' not to the same Act and at the same time And if there must be 2 Witnesses to every single Act the King of England is not only in a far worse condition than any other Prince but than any one of his own Subjects Treasons may be committed every day with Impunity and unless the Traytors be as great Fools as Villains he shall never be safe from them nor capable of punishing them I must say it and I say it with commiseration to the Condition of this Noble Lord that his Exceptions in Law are as weak as the Answers he has given to our Evidence We hope no doubt in Law remains with you and that we have given your Lordships full satisfaction of the reality of the Plot and a convincing Evidence of the great share which my Lord Stafford had in it and we humbly pray your Lordships Justice Lord High Steward You do not take notice of one thing that my Lord Stafford said this morning That is that the Witnesses are not competent Witnesses because they swore for Money and that is fit to be spoken unto not for the Weight of the Objection so much as for the Satisfaction of the Auditory Sir Francis Winnington My Lords I had taken a Note of that but forgot to mention it If my Lord at the Bar will say they have taken Money to swear that is purely a Matter of Fact which he ought to prove and that which is said and not proved ought to go for nothing let him prove his Case to be so and then we will give him an Answer Lord High Stward My Lord Stafford if your Lordship can prove that they have had Money to swear your Lordship urges that which will be material but if it were only Money to maintain them that sure will amount to no Objection Lord Stafford My Lords I submit it to your Lordships whether Dr. Oats and the rest have not had great Sums of Money besides their Charges 10 l. a week a piece But I desire your Lordships to consider and I appeal to many of your Lordships whether it has not been said that it was a defect in Coleman's and Langhorn's Trials that they did not plead that and if they had pleaded it they must have been acquitted I will name no body but I appeal to your Lordships whether some of you have not said so But I desire your Lordships to admit me to plead by my Counsel if not I submit to you I confess here is a piece of Law that I never heard of before that the House of Commons and your Lordships at a Conference have adjudged it to be the Law of Parliaments that Impeachments shall continue from Parliament to Parliament If you will please to hear my Counsel for me so if not I submit Lord High Steward What would you or can you prove Lord Stafford My Lords Those things that I have given in to your Lordships I desire my Counsel may be heard to Lord High Steward Gentlemen what can you object why he should not have Counsel to argue his Objections in Law Sir William Jones My Lords I do think under favour if a Prisoner in a Capital Cause do desire Counsel he must not only alledge matter of Law to introduce that Desire but that which he doth alledge must be also a matter of some Doubt to the Court For if he do alledge matter which in it self is not Disputable he shall have no Counsel allowed him If your Lordships are not satisfied that it is the Law of your House that Proceedings upon Impeachments do continue from Parliament we cannot answer that it lies in your Lordships breasts it is not what we are to argue because it is a matter that concerns the Law and Rules of Parliaments Is there my Lords any doubt of any other Point that is urged Is there any doubt of this thing whether if one Witness speak to one point of Fact and another to another upon the same sort of Treason but that
these be two such Witnesses as the Law requires I pray then my Lords consider the consequence of that doubt A man shall talk with twenty Persons about a Design to kill the King in one and the same Room one after another by taking them into a Corner singly and if ten or all twenty come to prove it here is but one Witness to each Discourse This would be a matter of dangerous Consequence but I hope will remain no manner of doubt with you nor is it fit to be argued As to the Hiring of Witnesses to Swear I think that can be no point of Law till it be so proved in Fact Doth his Lordship think that when His Majesty out of His Grace and Bounty allows a Maintainance to His Witnesses that that is an Objection to their Testimony Doth not every man allow his Witnesses a a Maintainance and yet it never was thought a thing to take away their Evidence It may be every one doth not give so large an allowance as the King because his Dignity is not so great But can it be an Objection to the House of Commons Have we that are the Prosecutors maintained them If His Majesty have been bountiful to His Witnesses what is that to this Cause of the Commons If my Lord can prove any thing of Bribery in us as he has proved for us against himself it may be an Objection But till that Fact be proved I hope there is no ground for a Question in Law and if there be no doubt in Law I hope there will be no need of Counsel Lord High Steward My Lord Stafford What are the Points you would have Counsel too Lord Stafford To all of them my Lords Lord High Steward Would you have Counsel to the first Point to argue what the Law of Parliaments is concerning the continuance of Impeachments from Parliament to Parliament Lord Stafford My Lords if you will declare the Law to be as these Gentlemen say I must acquiesce Lord High Steward Pardon me my Lord I do not declare the Law but ask you whether you would have Counsel to argue that Point Lord Stafford My Lords I do say there is no Example of it I know there have been Impeachments but no Examples of Impeachments continued from Parliament to Parliament Lord High Steward Then in the next place for I shall propose your Objections to their Lordships by and by and desire their Judgment in them Do you desire to argue by your Counsel that every Overt Act ought to be proved by two Witnesses Lord Stafford I do my Lords I desire my Counsel may be heard to all the Points I mentioned to your Lordships Lord High Steward Have you Counsel ready to speak to these Points now Lord Stafford Yes my Lords Lord High Steward Are they prepared to speak to them now Lord Stafford They are my Lords Lord High Steward If they be so what hurt will there be in hearing of them Sir William Jones My Lords Whether you will hear an Argument from Counsel about the Law of Parliaments I hope you will please well to consider Sir Fran. VVinnington My Lords We in the House of Commons do never suffer any Counsel to tell us what is the Course of our House and the Law of Parliaments if your Lordships think fit to allow it 't is in your own power but we who are intrusted with the Management of this Cause by the House of Commons have no direction to consent to such a thing Lord High Steward We will hear Counsel to save time upon that Point whether in proof of a Treason for killing the King every Overt Act ought to be proved by two Witnesses Sir William Jones If your Lordships make a doubt of it Sir Fran. Winnington And if the Prisoner desire it Mr. Serjeant Maynard My Lords We shall not oppose it but I shall wonder if any Counsel do maintain it Lord High Steward Are your Counsel ready to speak to that Point Lord Stafford Here they are my Lords Mr. Wallop of the Middle-Temple Mr. Saunders of the same Society and Mr. Hunt of Gray's Inn appeared by the Prisoner at the Bar as his Counsel Mr. Wallop May it please your Lordships we are here commanded by your Lordships to Attend that if any matter of Law do arise upon a Case proved agreed and judged by your Lordships debateable then in due time we are to conform our selves to your Lordships command and argue those Points for my Lord the Prisoner at the Bar. But if your Lordships do think that the Points urged by my Lord are not debateable in Law I have so high an Opinion of your Lordships Judgment and such a mean opinion of my own Talent that I shall not undertake to Argue Extempore in this great Assembly in a Cause of so high a Nature Lord High Steward Look you Sir you are of my Lords Counsel Mr. Wallop I am my Lords and by the Order of your Lordships do attend here Lord High Steward If you think it an arguable Point you will have the Judgment of my Lords afterwards Will you argue it now Mr. VVallop My Lords I always thought if a Point be stirred in any Court and thought disputable it should be stated and agreed before it be argued Lord High Steward You are to argue for my Lord and to know the Judgment of the Court afterwards would you know our Opinions before hand Mr. VVallop We would know what it is we are to argue if your Lordships please Lord High Steward Why if you are provided for it you are to maintain that by Law every Overt Act ought to be proved by two Witnesses if you are prepared speak to it and my Lords will hear you Mr. VVallop It is true my Lords there have been some publick Resolutions concerning that Point therefore I shall be the warier what I say in that But my Lords it is a matter that has been thought of great import one way or other but I do profess at this time I am not able to undertake a Solemn Argument upon that Point Lord Stafford My Lords I am so far from delaying this Cause that I desire it may be argued now Lord High Steward Then you are not ready to speak to it Mr. VVallop No my Lords I am not for my own part at present for it is impossible we should foresee what would be the Point and to apply our selves to study an unforeseen Case before it be agreed stated and judged worthy of Argument cannot be expected from us I have always observed it in the King's-Bench If the Prisoner urge any thing and the Court think it debateable they first agree and state the Case then Assign Counsel whom they do not urge to deliver an Opinion presently but give them time to prepare for it Lord High Steward Mr. VVallop it is not believed that this Point is moved but by your Advice that are of my Lord's Council and you should be ready to maintain the Advice you give
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
Rabble Lord High Steward Is it your Lordships pleasure to Adjourn Lords Ay Ay. Lord High Steward Then this House is Adjourned to the Parliament Chamber Then the Lords withdrew in their former Order and the Committee of Commons went back to their House Mr. Speaker resumed the Chair A Message was sent from the Lords by Sir Timothy Baldwyn and Sir Samuel Clarke Mr. Speaker The Lords have commanded us to acquaint this House that they have appointed William Viscount Stafford to be brought to the Bar in Westminster-Hall to morrow morning at Ten of the Clock to receive Judgment The Commons Adjourned to Eight of the Clock the next Morning The Seventh Day Tuesday December 7. 1680. ABout the hour of Eleven the Lords Adjourned into Westminster-Hall going thither in their former Order into the Court there erected and Mr. Speaker having left the Chair the Committee of Commons were seated as before The Lords being sate Proclamation was made for Silence and the Lord High Steward being seated on the Wool-pack with Garter Principal King of Arms the Usher of the Black Rod Nine Maces attending him with all the rest of the Solemnity as was at first expressed took the Votes of the Peers upon the Evidence beginning at the Puisne Baron and so upwards in this Order the Lord Stafford being as the Law requires absent Lord High Steward My Lords I am an humble Suitor to your Lordships That you will give me leave to collect your Votes as I sit for I am not able to stand Which being granted the Lord High Steward proceeded Lord High Steward My Lord Butler of Weston Is William Lord Viscount Stafford Guilty of the Treason whereof he stands Impeached or Not Guilty Lord Butler Not Guilty upon my Honour The same Question was put to the rest whose Names and Votes follow Lord Arundel of Trerice Not Guilty upon my Honour Lord Crewe Guilty upon my Honour Lord Cornwallis Guilty upon my Honour Lord Holles Not Guilty upon my Honour Lord Wootton Not Guilty upon my Honour Lord Rockingham Guilty upon my Honour Lord Lucas Not Guilty upon my Honour Lord Astley Guilty upon my Honour Lord Ward Not Guilty upon my Honour Lord Byron Not Guilty upon my Honour Lord Hatton Not Guilty upon my Honour Lord Leigh Guilty upon my Honour Lord Herbert of Cherbury Guilty upon my Honour Lord Howard of Escrick Guilty upon my Honour Lord Maynard Guilty upon my Honour Lord Lovelace Guilty upon my Honour Lord Deincourt Not Guilty upon my Honour Lord Grey of Wark Guilty upon my Honour Lord Brook Guilty upon my Honour Lord Norreys Not Guilty upon my Honour Lord Chandos Guilty upon my Honour Lord North and Grey Guilty upon my Honour Lord Pagett Guilty upon my Honour Lord Wharton Guilty upon my Honour Lord Eure. Guilty upon my Honour Lord Cromwell Guilty upon my Honour Lord Windsor Not Guilty upon my Honour Lord Conyers Guilty upon my Honour Lord Ferrers Not Guilty upon my Honour Lord Morley Not Guilty upon my Honour Lord Mowbray Not Guilty upon my Honour Lord Viscount Newport Guilty upon my Honour Lord Viscount Faulconberge Guilty upon my Honour Earl of Conway Guilty upon my Honour Earl of Berkley Not Guilty upon my Honour Earl of Maslesfield Guilty upon my Honour Earl of Hallifax Not Guilty upon my Honour Earl of Feversham Not Guilty upon my Honour Earl of Sussex Guilty upon my Honour Earl of Guilford Guilty upon my Honour Earl of Shaftsbury Guilty upon my Honour Earl of Burlington Guilty upon my Honour Earl of Ailesbury Not Guilty upon my Honour Earl of Craven Not Guilty upon my Honour Earl of Carlisle Guilty upon my Honour Earl of Bath Not Guilty upon my Honour Earl of Essex Guilty upon my Honour Earl of Clarendon Not Guilty upon my Honour Earl of St Albans Not Guilty upon my Honour Earl of Scarsdale Guilty upon my Honour Earl of Sunderland Guilty upon my Honour Earl of Thanet Not Guilty upon my Honour Earl of Chesterfield Not Guilty upon my Honour Earl of Carnarvan Not Guilty upon my Honour Earl of Winchelsea Guilty upon my Honour Earl of Stamford Guilty upon my Honour Earl of Peterborough Not Guilty upon my Honour Earl Rivers Guilty upon my Honour Earl of Mulgrave Guilty upon my Honour Earl of Barkshire Guilty upon my Honour Earl of Manchester Guilty upon my Honour Earl of Westmorland Guilty upon my Honour Earl of Clare Guilty upon my Honour Earl of Bristol Guilty upon my Honour Earl of Denbigh Not Guilty upon my Honour Earl of Northampton Guilty upon my Honour Earl of Leicester Guilty upon my Honour Earl of Bridgwater Guilty upon my Honour Earl of Salisbury Guilty upon my Honour Earl of Suffolk Guilty upon my Honour Earl of Bedford Guilty upon my Honour Earl of Huntingdon Guilty upon my Honour Earl of Rutland Not Guilty upon my Honour Earl of Kent Guilty upon my Honour Earl of Oxford Guilty upon my Honour Lord Chamberlain Not Guilty upon my Honour Marquess of Worcester Not Guilty upon my Honour Duke of Newcastle Not Guilty upon my Honour Duke of Monmouth Guilty upon my Honour Duke of Albemarle Guilty upon my Honour Duke of Buckingham Guilty upon my Honour Lord Privy-Seal Guilty upon my Honour Lord President Guilty upon my Honour Lord High Steward Guilty upon my Honour Prince Rupert Duke of Cumberland Guilty upon my Honour Lord High Steward My Lords upon telling your Votes I find there are Thirty one of my Lords that think the Prisoner Not Guilty and Fifty five that have found him Guilty Serjeant make Proclamation for the Lieutenant of the Tower to bring his Prisoner to the Bar. which was done and his Lordship came to the Bar. Lord High Steward My Lord Stafford I have but heavy tidings for you your Lordship hath been Impeached of High-Treason you have pleaded Not Guilty my Lords have heard your Defence and have considered of the Evidence and their Lordships do find you Guilty of the Treason whereof you are Impeached Lord Stafford Gods Holy Name be praised my Lords for it Lord High Steward What can your Lordship say for your self why Judgment of Death should not be given upon you according to the Law Lord Stafford My Lords I have very little to say I confess I am surprized at it for I did not expect it but Gods will be done and your Lordships I will not murmur at it God forgive those that have sworn falsly against me My Lords I conceive I have something to say for respit of Judgment I have been at many Tryals in my Life but I never saw any Tryal where the party tried did not hold up his Hand which I was never asked to do I thought it had been a very material point in the Law That by the holding up of the Hand he might be known to be the Person I have read lately since I had the misfortune to be thus accused Sir Edward Coke upon the Pleas of the Crown and he says that Misnomer the not giving a man
THE 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
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
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
cowardly and sought themselves and not the Interest of the Church or to that purpose My Lords in March we received Letters that there was a very shrewd attempt made upon the person of the King and that the Flint of Pickering's Gun or Pistol was loose and his hand shaking the King did then escape for which he received a Discipline and the other a severe chiding Lord High Steward You explain not the meaning of what you say that was not honest William for he you say was Grove Dr. Oats I mean Pickering received the Discipline and William was chid for it was Pickering's Flint that was loose My Lords this was in March and at the latter end of March there comes a Letter from London in which there was a Summons to a Consult here in London and being summoned there went over eight or nine from St Omers Liege and Ghent to this Consult and I did attend then in their journey Lord High Steward When did that Summons come Dr. Oats The latter end of March or the beginning of April as I remember they had notice of it in England before but we had notice of it just when we were to come I think it was in April as near as I can remember I cannot be certain in that my Lord. We did come to Town in April there the Consult was held it begun at the White Horse Tavern where they did consult about some things of the Society and afterwards they did adjourn into particular Societies where they did debate and resolve on the Death of the King and that Grove should have fifteen hundred pounds for his pains and the other being a Religious man should have thirty thousand Masses said for him My Lords after staying in Town a while we returned to St. Omers and after I had staid there some few days the new Provincial did begin to visit his Province and comes over to St. Omers where after staying some six days he goes over away from thence to Wotion But whilst he staid at St. Omers I was ordered to go into England to attend the Affairs here and for to do some other Services that they should imploy me about My Lords accordingly I did come over and it was on the 23. new stile as near as I remember I got to Calice the 24. I got to Dover on the 25. I got to Sittenburn but between Dover and Sittenburn we had some Boxes seized for at Dover we met with Fenwick who is since executed who went by the name of Thompson and carried a Box with him and a little on this side Canterbury it was seized by the Custom-House Officers and several little Trinkets in it which were seized as French Goods and he did desire the Searcher to stand his friend and he would give him something for his pains and told him where he should write to him in London There was a Superscription on the Box to one Blundel but he should write to him by the name of Thompson at the Fountain Tavern neer Charing-Cross We arrived in Town the 17. of June which is the 27. new stile it was upon a Monday and there were Letters which did follow us wherein were proposals to be made to Sir George Wakeman for the Poisoning of the King and that the Ten Thousand Pounds which the Spaniards had promised in January before and was accordingly paid in London at the time should be proposed to Wakeman to poison the King I found that Coleman did look upon it as too little and he thought Fifteen Thousand Pound should be given to him I found that Langhorn thought it too much and that he ought to do so great a piece of Service for nothing and told us he was a narrow-spirited man if he would not ingage in such a thing My Lords there was Five Thousand Pounds as the Books told me paid but I did not then see it paid because I was then ill and not fit to stir abroad My Lords we are now past June 78. In July Father Ashby comes to Town who did revive the Proposal to Sir George Wakeman but being sick of the Gout he hastened down to the Bath and when he came there as soon as he began to be well he was advised by the Fathers to see how the Catholicks stood affected in Sommerset shire for they had had an Account in March 78. by Letters from Berkshire Oxfordshire and Essex that the Catholicks stood well affected and Sir William Andrews did secure that the people of Essex should stand to their points and so several men did secure that they would have them in readiness My Lords In August I cannot remember every particular but refer my self to the Records of the House about the 26. of August I find that Fenwick went to St. Omers and there he was to attend the Provincial home and to give the Provincial an Account of the Proposal accepted by Sir George Wakeman but in July if your Lordships please to give me leave to go back again Strange comes to Town and falling in discourse about the Fire of London and the Rebuilding of it he very frankly told me how it was fired and how many of those concerned were seized and among the rest told me that the Duke of York's Guard as by his order did receive them and afterwards willing to discharge them which I forgot to mention before but upon review of my Papers I do find that it was told me his Guard did release the Prisoners that were taken as suspected about the Fire and that all the Order they had for it they pretended was from the Duke But now my Lords We return to August again Upon the 3. of August I find Ireland did pretend to go to St. Omers and a Letter came from him as directed from thence but we find by his Tryal and other things since that he went into Stafford shire and about the 12. of August as I remember he was here in Town The latter part of July I communicated with Dr. Tongue and gave him some particular account of Affairs I desired him to communicate it to some that might make it known to the King the King had notice the 13. of August or the 14. as I remember and by the 3. of September I was betray'd and was exposed to the vengeance of these men whose Contrivances I had thus discovered So my Intelligence did cease wholly the 8. of September Then was I forced to keep private and upon my Examination what Information I gave before the Lords and Commons I refer my self to them Lord High Steward My Lord Stafford will you ask him any Questions Lord Stafford No my Lord I am not at all concerned in his Evidence Lord High Steward You say you were betray'd can you tell how or which way you were betray'd Dr. Oats My Lord I will give this Honourable House what light I can in it but I desire then to be excused from my Oath for I can't speak it of my own
that Resolution Mr. Dugdale Yes I heard every one give their particular full assent At which there was a great Hum L. H. Steward What is the meaning of this For the Honour and Dignity of publick Justice let us not carry it as if we were in a Theatre Mr. Dugdale My Lords Some times in September my Lord Stafford being at Mr. Abnets House in Stafford came once upon a Sunday morning to hear Mass I meeting him at the outward Gate of my Lord Aston's House when he alighted off his Horse after some Discourse he turned to me and told me It was a sad thing we could not say our Prayers but in an hidden manner but e're long if things took effect we should have the Romish Religion established And I at that time did seem to be and really was as glad as any person could be After some time I think it was about the 20. or 21. of September my Lord Stafford sent for me into his lodging Room I think it was by his page or him that waited upon him in his Chamber and he told me I must come to my Lord and I immediately went to his Lordship he was just then arising and dressing he sent his men out and told me he had had a good Accompt from Mr. Evers and other Genlemen that I would be faithful and true to their Intentions about the introducing their Religion He told me he was likewise concerned himself and that in a very high degree and for taking away the Life of the King he offered me at that time for my Charges and Encouragement 500 l. and that I should go in October after to London with him my Lord Stafford and that I should be with him sometimes at London and sometimes at an House of my Lord Aston's about twenty five miles from London and that I should be under the care of him in London and Mr. Ireland and in the Countrey of one Mr. Parsons that knew of the Design I did then shew as much resolution to be faithful to my Lord as I could and that I would be true to what my Lord then engaged me I after went to Mr. Evers and communicated to him what my Lord Stafford said and was something in admiration at my Lord 's offering me such a Sum of Money for I doubted of my Lords Ability to make good Payment He told me that I need not sear it for Mr. Harcourt and Mr. Ireland had Money enough in their hands to defâ—ay that and other Charges and I should not want Money for the carrying it on My Lords I remember that at another time there was a meeting wherein there was a Debate about my going up and other businesses my Lord Stafford was present and there were several there besides I did not knâ—w them all then but in the first place they told me I should be made equal with one Captain Adderly that is since dead and that I should have a Reward in London I understood that the Duke of York my Lord Arundel and my Lord Bellasis and others were to give me it and speaking of the Rewards to those that were ingaged they said there would be Land enough from the Protestants to satisfie all that acted in the Design Another time my Lord Stafford discoursing in a Dining Room in my Lord Aston's House did express his great Zeal and the reason why he was such an Enemy against the King he said both he and my Lord Aston had been great Sufferers for the King and for his Father and that my Lord in particular his Grandfather or his Father had spent 30000 l. in the Kings Service and had no Recompence that he had always shewed himself Loyal to the King but whenever there came any place of Preferment to be disposed of it was rather given to such as had been Traytors and Rebels to the old King and likewise to the King himself than to any that had been had Loyal He said this was his chief Motive if there were not Religion in the Case which was of an higher nature or to that purpose L. H. Stew. When was this last Discourse Mr. Dugdale In September 78. as near as I remember for we had several Discourses L. H. Stew. This was not the time you were at my Lords Chamber Mr. Dugdale No it was in my Lord Aston's Dining Room L. H. Stew. No nor when he sent for you to offer you the 500 l. Mr. Dugdale No not at that time it was another time L. H. Stew. What Month and Year Mr. Dugdale September 78. my Lord. Mr. Foley I desire he may give your Lordships an account what assurance he had of Pardon if he did succeed Mr. Dugdale I was told I need not fear and particularly my Lord Stafford told me I should have a free Pardon for it for the King had been Excommunicated and was likewise a Traytor and a Rebel and an Enemy to Jesus Christ L. H. Steward But how could you be Pardoned From whom were you to have that Pardon Mr. Dugdale I was to be Pardoned by the Pope L. H. Stew. That was for your Sins Mr. Dugdale Yes I expected no other if I had gone on Mr. Treby Were you promised nothing else but a Pardon from the Pope Mr. Dugdale Yes I was to be Sainted Sir Will. Jones Will his Lordship please to ask him any Questions we ask him no more Mr. Foley Yes I desire another Question may be asked him that he would give an account of the Letters my Lord Stafford writ to Evers about the Design L. H. Stew. What say you to that Question Mr. Dugdale There came a Letter to Evers from my Lord Stafford I knew it to be my Lords hand some might counterfeit his hand but as near as a man can swear to the hand of another in a Paper he did not see written that was my Lords-hand That things went all well beyond Sea and so he did hope they did here for the carrying on of the Design it was to this purpose expresly Mr. Treby We have done my Lords with him Lord High Steward My Lord Stafford will you ask him any Questions L. Staff My Lords I have divers Questions to ask him very many but I humbly crave your Lordships Directions if I ask him any Questions now whether I may not ask him some afterwards L. H. Steward My Lord you may ask Questions of the Witnesses as often as you please and when ever you find it useful to you God forbid there should be any time to foreclose a man from asking a Question that may save his life L. Staff I pray he may be asked how long before this time he knew of the Plot. L. H. Steward How long have you known this Plot Mr. Dugd. In general for the introducing of the Popish Religion and the incouragement to it by the Duke of Yorks being Successor I have known it 15 or 16 years by the means of Mr. Evers L. Staff My Lords I understand him he says
the House and therefore I believe what he has said is true L. Stafford Stephen Dugdale I desire may come again I conceive I have made it plain to your Lordships That Stephen Dugdale did swear that in August there was a Consult at my Lord Aston's where I was and I conceive it is also clear that in August I was not there and then if it were the beginning of September that could not be neither for I came not down to Tixall till the 12. I beseech you to ask him when I offered him the Five Hundred Pounds to kill the King I think he says it was the 20. or 21. Lord High Steward What was the time my Lord offered you the Five hundred pound Mr. Dugdale It was about that time the 20. or 21. of September to my remembrance Lord Stafford He said positively before it was one of those two days I beseech your Lordship to ask him where it was L. H. Steward Where was that offer made Mr. Dugdale In my Lords lodging chamber at Tixall L. Stafford Then one Question more I desire you Lordship to ask him what day the Race was at Etching-Hill between Sir John Crew 's man and Lazinby Mr. Dugd. If it please your Lordship I do conceive it was about that time L. Stafford I pray he may answer positively for if you please I will tell you how it was It is very true the 20. of September this fellow was in my chamber and I shall trouble your Lordships with some little discourse about it and my reasons why First I beseech your Lordships to permit me to let you know that this fellow did serve my Lord Aston in the quality of a Bailiff And I never thought him to be an honest man he was a mean Servant and when the other Servants waited but till the second Course came in he staid till the Coach-man and the Groom went to Dinner and eat with them I profess before God it is true as that the Sun shines I have often and often I cannot tell how many times when I have been very dry at my Lords Table and seen him by me not called for Drink I did detest him as so mean a Knave that I often refused to take Drink at his hands And now for me to offer this fâ—llow five hundred pounds L. H. Steward I think your Lordship says he was Bailiff to my Lord Aston L. Stafford But I knew him to be an errant Knave and a great Gamester at Races and such things L. H. Steward My Lord would you have offered five hundred pounds to an honest man to kill the King Mr. Serj. Maynard You said you never saw him S. Stafford I said I had seen him but now I did not know him by his Peruke Lord High Stew. Did you not know him my Lord L. Stafford No my Lords I profess I did not L. H. Steward Why your Lordship was a going to shew that the Race at Etching-Hill was upon the 2â— of September and your Lordship confesses that he did speak with you on the 20. of September in your chamber and Dugdale says this day was the very offer made him of five hundred pounds to kill the King What do you say Dugdale were you at the Race Mr. Dugd. Yes I was with my Lord at the Race Lord High Stew. Did my Lord speak with you before he went or after Mr. Dugd. Before L. H. Steward That morning in his chamber Mr. Dugd. Yes it was that very morning before he went to the Race L. Stafford I do own my Lord thus far he was in my chamber that morning but my Lord I can prove what I say to you My Lords that 20. of September in the morning I was in my bed and there comes a Servant of mine that hath served twelve or fourteen years and he comes in to me and says Yonder is Stephen Dugdale very desirous to go to this Race it seems he says he went along with me to this Race Mr. Dugdale I say I went either before or after or when you went to the Race for I was with you at the Race L. H. Steward Whether he went with you or no is not the point but whether he was in your chamber at that time Lord Stafford 'T is the point for he said just now he went with me as I apprehended him But I tell your Lordships my Servant came and told me Stephen Dugdale desires that you will ask my Lord Aston leave that he may go before to the Race my Lord is angry with him already for his medling in Races and he dare not ask himself My Lords I was a little concerned in the Race for I had betted some money and I thought with my self should I ask my Lord Aston leave for him to go my Lord will not deny me but perhaps will take it ill to be asked so I was not over willing to do it But I bid my Servant call him in and when he came I asked him some foolish Questions about the Race as who he thought would win and the like but I told him I would get leave of my Lord for him My Lords I did go to my Lord Aston and told him My Lord I am sending my Servant before to the place of the Race but I am afraid he does not well know the way shall Stephen Dugdale go along with him My Lord gave him leave to go but my Lords I dressed me and did not speak one tittle more to this Dugdale but he went away before and I was hardly or but just drest when he was gone L. H. Steward I pray my Lord was your Lordship at no time alone with him in your chamber L. Stafford No never since I was born never in all my life Lord High Steward No my Lord L. Stafford He says my Servants use to come for him I profess it is all false Lord High Steward What say you to that Mr. Dugdale Mr. Dugd. My Lords I was in my chamber and busie when my Lord sent for me that morning and it was either by his Page or one that waits on him in his chamber I went to my Lord and the Page was in the chamber and he ordered him to go out L. Stafford I declare and averr to your Lordships he was in the Hall or the next room and desired to come in Lord High Steward Where is the Page L. Stafford This fellow was but a poor Boy found at the Door then he was a Thresher and now a Witness for the King Then my Lord Stafford's man stood up L. H. Steward What is your Name Witness My Name is Furnese Lord High Stew. Do you remember the day of the Race at Etching-Hill Furnese Yes I do my Lords L. H. Stew. Do you remember Dugdale was in your Lords chamber that morning Furnese Yes I do L. H. Stew. Do you remember whether your Lord did bid you go out or no Furnese No he did not L. H. Steward Were you there all the while
was this time two years The Deputy-Lieutenants met about the Militia of the County They told me that Mr. Dugdale was in Town and was under an Arrest the occasion of his coming to Town was his refusal of the Oaths of Allegiance and Supremacy which he had since taken I proposed to them the sending for him for I thought this was a fit opportunity to get something of him about the Plot. They seemed to approve of what I said but withal I told them it was not good to send for him till the Evening late that the people of the Town might not take notice of his coming At night we did send for him and the Gentlemen desired that I would examine him at the end of the Table so I called him up and told him I was sorry he was fallen into that misfortune to be Arrested and that Mr. Mayor had not dealt well with him or us to take that advantage of him that now he had taken the Oaths I looked upon him as one of us and would do him any kindness I could He said truly for his part he was born a Protestant and of Protestant Parents and it was his misfortune to fall into the Houses of Papists but he never liked their Religion I then told him Sir you may do your self a kindness serve God and oblige your King and Country I am very confident you know of this horrid Plot pray do not stifle your Conscience with any Oath of Secrecy but let it come out Many I told him strained their Consciences to serve their Interests but you may clear your Conscience and at the same time promote your true Interest He replyed as he hoped to be saved he knew nothing of it And this is as much as I know of the matter L. H. Stew. Do you ask him any Question Gentlemen Managers No my Lord. L. Staff My Lords I shall humbly move your Lordships now that you will please to take notice this fellow Dugdale hath endeavoured to perswade people to Swear against me falsly and offered them money for it In order to the proof of which I desire your Lordships would call John Morrall Samuel Holt and William Robinson Then Robinson stood up L. Staff This man I never saw before in my life L. H. Stew. What is your name Witness Robinson L. H. Stew. What is your Christian Name Robinson William L. H. Stew. Where do you live Robinson In Worcestershire now Lord H. Stew. With whom Robinson With my self now L. H. Stew. Do you know Dugdale Sir Fr. Winn. We desire he may give you an account what Profession he is of Robinson An Upholster Sir Fr. Winn. How long he hath lived in Worcestershire and in what place there Robinson I have lived half a year in Worcestershire half a mile beyond Worcester Sir Franc. Win. And whether he follows that Trade or Profession now or no Robinson No I do not follow it now Sir Fr. Winn. What do you live upon and how Robinson I live of my self now L. H. Stew. How is that Robinson Of my own Money Mr. Hambden We desire to know whether this man was a Servant to my Lady Gerard or no. Robinson Never Mr. Hambden Or to my Lord Gerard of Gerards Bromley Robinson Never not an hired Servant my Lords Mr. Foley Were you a volunteer Servant or what were you Mr. Treby Did you work at any time there for my Lord or Lady Gerard Robinson No. L. H. Stew. How came you to live there Robinson I went over from a Cocking out of Cheshire L. H. Stew. How long were you there Robinson Three weeks or a month L. H. Stew. What was your Employment there Robinson Nothing at all I followed no Employment Mr. Treby What kind of servant were you then L. H. Stew. Come do you know Dugdale Robinson Yes L. H. Stew. How long have you known him Robinson I have known him about five years L. H. Stew. What say you to him Robinson I say I met Mr. Dugdale about Midsummer was twelve-month in London about Charing-Cross and he carried me to the Harp and Ball and gave me Beer and Mum and such as the House did afford and treated me and asked me what made me so dejected and cast down I told him I was not well I was poorer than I used to be He told me again I should not want any money that he had and if I would please to be ruled by him and do what he would have me he would furnish me with money And he took his Handkerchief out of his pocket and bid me if I wanted take money there I took none but told him I would not meddle nor make with any thing that night Then he told me he could furnish me with money and put me in a way to get money if I would come in as an Evidence against my Lord Stafford L. Stafford Be pleased to ask him for I never saw the man before nor heard of him till last week what he should say against me and whether he knew me or not L. H. Stew. Did he tell you what you should say against my Lord Stafford Robinson Nothing at all my Lords L. Staff Did he say any thing or nothing Or did he ask whether he knew me or not L. H. Stew. Did you tell him you knew my Lord Stafford Robinson No if it please you I told him I did not know him L. H. Stew. And after you said you did not know him he offered you money to swear against him Did he Robinson Yes my Lords he did so to come in as an Evidence against him L. Staff Will your Lordships please to ask how much money there was in the Handkerchief L. H. Stew. How much money was in the Hankerchief Robinson I believe there might be eight or nine or ten pounds L. H. Stew. Did he offer you all the money or bid you take some Robinson He bid me take some L. H. Stew. Did he make any agreement with you for what yon should take Robinson No not at all my Lords Mr. Foley Did he see Dugdale any more or was there an end of it then Robinson No I saw him no more L. H. Stew. Will you ask him any more Questions Sir W. Jones We shall have occasion to speak of him we desire he would not go away when our time comes Then another Witness stood up L. H. Stew. What is your Name Witness John Morrall L. H. Stew. What are you Morrall A Barber L. H. Stew. Where do you live Morrall At Ridgley L. H. Stew. Where is that Morrall In Staffordshire within six miles of Stafford L. H. Stew. What do you ask him L. Stafford Whether Dugdale did not perswade him to swear against some of the Lords in the Tower L. H. Stew. Do you know Dugdale Morrall Yes my Lords I have known him twelve or thirteen years L. H. Steward What can you say against him Morrall My Lords this Mr. Dugdale the 6. of August last was twelve-month sent for
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
matter mostly arising within my Lord Aston's Family and what Witnesses we shall have from thence your Lordships may easily imagine will not be very favourable to us and if we have not many to this point your Lordships will take into consideration that those who can give the fullest proof here must be those of the Family and the Religion of the Family But my Lords we will call one or two that I believe will give you satisfaction that my Lord the Prisoner was no such stranger to Mr. Dugdale that they have been seen together and alone together and that is the first thing we desire to call Witnesses to Call Mr. Ansell and William Hanson Mr. Hanson was sworn L. H. Steward Where do you live Whose Servant are you Mr. Hanson At Wilnal in Stafford shire L. H. Steward What do you ask him Sir Will. Jones I desire if you be satisfied where he lives that he will tell you whether he hath been at my Lord Aston's and seen my Lord Stafford there L. H. Steward Have you seen my Lord Stafford at my Lord Aston's Mr. Hanson Yes my Lords L. H. Steward When Mr. Hanson A little above two years ago L. Stafford Be pleased he may name the time positively Sir Will. Jones My Lord Stafford is not so well versed in prosecutions of this nature as to know that he is not to interrupt us while we are examining our Witnesses L. H. Steward My Lord your Lordship received no interruption nor must give none Sir Will. Jones My Lords we desire this Witness may be asked whether or no he hath seen Mr. Dugdale and my Lord Stafford at any time together L. H. Steward What say you Mr. Hanson Yes my Lords L. H. Steward When and where Mr. Hanson I cannot justly tell the time L. H. Stew. Can you tell the place Mr. Hanson Yes at my Lord Aston's L. H. Stew. Whereabouts Mr. Hanson In my Lord Aston's Parlour L. H. Stew. And were they alone Mr. Hanson Mr. Dugdale fetched me to my Lord Stafford L. H. Stew. And was no body in the Parlour when Dugdale fetched you to my Lord Mr. Hanson No my Lords I think there was not L. Stafford He thinks there was not Mr. Hanson There was not to my best remembrance Sir W. Jones My Lords will you be pleased to ask him the Occasion why Dugdale fetched him to him Mr. Hanson My Lord had a mind to have a Boy L. H. Stew. What was the occasion that Dugdale did come to fetch you to my Lord Stafford in the Parlour Mr. Hanson To bring the Boy my Lords Yong Hawkins Mr. Dugdale fetched me and the Boy to him it was a Boy that my Lord would have to live with him Sir Will. Jones Can you tell what time of the year it was whether Winter or Summer as near as you can L. H. Stew. Aye What time of the year was it Mr. Hanson Indeed my Lords I cannot tell Sir Will. Jones I desire to ask him whether when he went away he left them together L. H. Stew. Did you leave them together Mr. Hanson To my best remembrance my Lords I did The Boy and I went away together and we left them at my Lord Aston's Parlour-door Sir Will. Jones Call James Ansel L. H. Stew. Nay if you have done with him my Lord Stafford may ask him any Questions L. Stafford My Lords I shall tell you how this thing is There was a report that this Hawkins was a very good running Foot-boy and this was spoken of at my Lord Aston s at Dinner or Supper I don't know which nay severall times about that time it was when my Lord of Danby was Treasurer and his Son my Lord Dunblain was much for Foot-matches and I had a minde to have a Foot-boy to make a match with him and I believe Dugdale at Dinner or Supper did say that he was a good running Lad and I might desire to see him and Dugdale did bring him to me I believe into my Lord Aston's Parlour but there was at least six or seven in the Room besides L. H. Stew. My Lord Stafford Was this at that time when your Lordship was at Tixal the 12 of September L. Stafford Pray my Lords I desire to ask him that Question I would know what year it was L. H. Stew. He says it was above two years ago L. Stafford I profess I believe it was one or two years before I was taxed with this Plot. I did never think I should be questioned about this or I could easily have brought witnesses that were by at that time It is true he did come to me but pray what time of day was it Mr. Hanson In the morning I think it was L. Stafford I profess to God it was after Supper as I hope to be saved it was as we were going to bed to the best of my remembrance Sir Will. Jones Did you come into the Parlour after Supper Mr. Hanson I am not sure what time it was Sir Will. Jones If his Lordship please to ask him any more Questions if not we will call another James Ansell who was sworn L. H. Steward What is your Name Witness James Ansell L. H. Stew. Where do you live Mr. Ansell At Heywood in Staffordshire L. H. Stew. Did you live with my Lord Aston Mr. Ansell I have been at my Lords House at Tixal L. H. Stew. But you are not of the Family Mr. Ansell No. L. H. Stew. How far is Heywood from Tixal Mr. Ansell A Mile L. H. Stew. Have you seen my Lord Stafford at Tixal Mr. Ansell I have seen a man they called my Lord Stafford I did not know him but as they told me L. H. Stew. Did you ever see Dugdale in the company of a man they called my Lord Stafford Mr. Ansell Two years ago I was at Tixal and there I saw one that they said was my Lord Stafford walking with Mr. Dugdale whom I did know L. H. Stew. Where was it Mr. Ansell In the Court at Tiaxl walking together L. H. Stew. Were they alone Was there no body else in company Mr. Ansell None that I saw there might be more company but I saw no more Sir Will. Jones Pray my Lords ask how long ago this was Mr. Ansell About Summer was two years Sir Will. Jones If his Lordship will ask him any Questions now we have done he may otherwise we will call another L. Stafford My Lords I have recollected my self as well as I can in so short a time and all I can say is some of my Servants were by I suppose and I do assure your Lordships the other business was above three years ago so the fellow does not know what he does say L. H. Stew. Will you ask him any Questions L. Stafford Pray ask him how long he saw me in the Court with Dugdale L. H. Stew. How long was it Mr. Ansell I cannot tell I did but walk through the Court I came to speak with Mr. Dugdale and he was
good Proof of his being a Papist Besides Dugdale swears my Lord did then complain That they had not the free Exercise of their Religion that they could not say their Prayers openly What were they Not the Prayers of Protestants not those contained in the Liturgy of our Church He could not complain of any restraint as to them but complain he did that they had not the free Exercise of their Religion but he did hope if things succeeded well in a short time it would be otherwise This is particularly sworn by Dugdale My Lords His Lordship was very much unsatisfied That Dugdale was not particular in point of time he did talk of some matters to be in August or September but could not fix to any day But your Lordships will remember that as to one particular and which mainly concerns his Lordship to answer he comes to a day or within a day for he swears positively That upon the 20. or 21. of September he was sent for to my Lords Chamber the Servants were put out that there my Lord did propose to him in express terms the matter of Killing of the King He would have him be an Actor in it and he offered him a Reward of 500 l. to perform it For this which is the most material part of his particular Evidence against my Lord he is certain 't was either on the 20. or 21. of September and he tells your Lordships how he comes to remember the time by a good Token by the Foot-Race that was then to be run and I do not perceive that my Lord does deny but rather acknowledge that Dugdale was in his Chamber at that time 'T is true he does deny some other Circumstances which I shall answer anon And here I do think Dugdale undertakes to swear to that which will amount to an Overt Act and a damnable one too that is the offering 500 l. to kill the King But Dugdale it seems was not willing to depend upon the promises of my Lord for so much money his Lordship had not that credit with him he repairs to Evers and desires to be satisfied from him whether he might rely upon my Lord for so much Money Evers told him he might be sure to have the Money and that there was enough in Harcourts and other mens hands for the carrying on that blessed design and that he should have it thence I might my Lords remember to your Lordships how Dugdale does particularly swear concerning another discourse he had afterwards with my Lord. That my Lord complained of the great losses that had been sustained by him and his friends for the King how in particular my Lord Aston's Father had lost 30000 l. and what resentments my Lord had of it he said that places of profit were rather bestowed upon those that disserted the King and were Rebels and Traytors than on those that did him faithful Service and what does he conclude from thence He is very angry with the King and does say that next to the Cause of Religion which was the strongest motive with him to take away the Kings Life the Kings ingratitude to his Loyal Subjects was that which did most offend him I shall not trouble your Lordships with other particular matters which were to serve as incouragements to the Design as that there was to be a Pardon from the Pope that my Lord did write a Letter to Evers which was shewn to Dugdale wherein he says That things did succeed very well abroad and he hoped they would do so at home I shall only observe that Dugdales Evidence as to my Lords damnable Design of killing the King is positive and full And if this be to be believed as I hope we shall shew there is no reason but it should be then here surely is one sufficient Witness to prove my Lord guilty of the Highest Treason My Lords The next Witness we called for against my Lord was Dr. Oats and I think Dr. Oats is not only positive but he is positive in that which most certainly will amount to an Overt Act nay I think to more Overt Acts than one The Doctor tells your Lordships That having been at St. Omers and in Spain he saw several Letters that were subscribed Stafford he did not then know my Lords Hand but he saw the Letters and he tells you the effect of those Letters And I remember in one of them there is this Expression That my Lord the Prisoner at the Bar does give Assurance to the Fathers that he is very zealous and ready to do them service Doctor Oats tells you my Lords That afterwards coming into England my Lord Stafford did write a Letter I think it was to his Son but sure I am the Doctor said he had the carriage of it to the Post-house that he saw my Lord write it he read the superscription and he swears that the Hand which writ that Letter was the Hand which subscribed to all the former And so then joyning the one to the other it amounts to as good an Evidence as if he had known my Lords Hand from the beginning But that which comes home to my Lord is that which Doctor Oats saw and that which Doctor Oats heard and they are these particulars which I now mention First he saw a Commission directed to my Lord to be Pay-master of the Army he saw it delivered to my Lords own Hand and my Lord accepted it Doctor Oats read the Commission and he tells you by whom it was signed Johannes Paulus Oliva a person substituted by the Pope to issue out Commissions he tells you the Contents of it and of this he swears he was an Ocular Witness He tells you of another Matter he heard my Lord say as considerable as the other That when my Lord had received the Commission my Lord declared that he was to go down into Staffordshire and Lancashire where he was to put things in readiness What were those things He had now a Commission by vertue of which in Lancashire and the other places hâ— was to prepare and gather Monies for that Army which he was to pay So much Doctor Oats doth swear he heard from my Lords own mouth But there is one thing further which I had almost forgot He doth swear that my Lord was privy to and approved of the Matter of killing of the King For he doth swear he did hear my Lord say at that time He hoped before he returned Honest William who was Grove that was executed for this Attempt would have done the business And what that business was every man who hath heard of Groves Treason must needs understand There is but one thing more that I remember of Doctor Oats his Testimony Your Lordships that have a better advantage to write than we who are crowded together may have taken Notes of more but this one thing I do observe Doctor Oats doth expresly swear that my Lord bore a very ill mind towards his Majesty for my Lord did in
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
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