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A43880 Historical collections, or, A brief account of the most remarkable transactions of the two last Parliaments consisting of I. The speeches, votes, accusations, addresses, and article of impeachment, &c., II. The bills of association, exclusion, and repeal of 35 Eliz. &c., III. The several informations, messages, narratives, orders, petitions, protestation of the Lords, and resolves of both Houses, etc., IV. The tryal and sentence of William Howard Lord Viscount of Stafford in Westminster Hall, his speech and execution on the scaffold at Tower Hill with many other memorable passages and proceedings of the two last Parliaments, held and dissolved at Westminster and Oxford, V. A perfect list of each Paraliament, VI. His Majesty's declaration, shewing the causes and reasons that moved him to dissolve the two last Parliaments. 1682 (1682) Wing H2100; ESTC R32032 89,184 314

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Treason should be pronounced upon the Prisoner Which being concluded the Lords return'd to the Court and the Lord High Steward attended by all the Officers before-mention'd upon their Knees directed his Speech to the Prisoner to this Effect That what his Lordship had said in Arrest of Judgment was found to be of no Moment at all it being no Essential part of any Tryal neither was there any Record made of it when it was done That as for the Proviso's of the 13 th Year of this King their Lordships found that they were in no sort applicable to his Lordships Case the proceedings against him not being grounded upon that Statute That no Man would have thought that a Person of his Quality so nobly descended so considerable in Estate so eminent a Sufferer in the late Times so interested in the Preservation of the Government so obliged to the Moderation of it and so personally and particularly oblig'd to the King and his Royal Father should ever have enter'd into a Conspiracy to contrive the Murther of the King Ruin of the State and Subversion of Religion and yet his Impeachment amounted to no less and the Lords have found him Guilty That as the Plot in general had been most manifest so his Lordships Part in it had been too plain Three things therefore he recommended to his Lordship's Consideration That he was now fallen into the very Pit that he was digging for others That he would think a little better than he had done what kind of Religion it was that had brought him to the Destruction that was like to befall him Lastly That he would consider that true Repentance is never too late That there were some that thought it a Mortal Sin to confess that Crime in Publick for which they had been absolv'd in Private but that God forbid his Lordship should be found among the number of those poor mistaken Souls Then assuring him that their Lordships would not cease to pray that the End of his Life might be Christian and Pious He concluded That it was then the last time he was to call him My Lord for that his next words would attaint him And having so said he pronounced the Sentence of the Court which was That he was to be Hang'd Drawn and Quarter'd The Day for Execution being appointed to be the 29 th of the same Month two Writs were issued out under the Great Seal of England the first to the Lieutenant of the Tower in Form following CAROLUS Secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor ’ c. Locumtenenti Turris nostrae London ' salutem Cum Will ' Vicecomes Stafford per Communes Regni nostri Angliae in Parliamento assemblat ' de altâ proditione necnon diversis aliis criminibus offensis per ipsum perpetrat ’ commissis impetit ’ fuit ac superinde per Dominos Temporales in praesenti Parliamento nostro convent ' triat ' convict ' debita juris forma attinct ’ fuit morti adjudicat ’ existit Cujus quidem Judicii Executio adhuc restat facienda Cumque praedictus Vicecomes Stafford in Turri nostra London sub custodiâ tuâ de●ent ’ existit Praecipimus tibi per praesentes firmiter injungendo mandamus quòd in super vicesimum nonum diem instantis mensis Decembris inter horas nonam undecimam ante Meridiem ejusdem dici ipsum Vicecomitem Stafford usque locum usualem extra Portam Turris praedict● ducas ac ipsum Vicecomitibus Civitatis nostrae London Middlesex adtunc ibidem deliberes Quibus quidem Vicecomitibus nos per aliud Breve eis inde direct ’ praecepimus praedictum Vicecomitem Stafford adtunc ibidem recipere ut fiat Executio Judicii praedicti modo formâ prout dictis Vicecomitibus London Middlesex per aliud Breve nostrum praedictum praecepimus 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 Englished thus CHARLES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Lieutenant of Our Tower of London Greeting Whereas William Viscount Stafford has been impeach'd by the Commons of our Kingdom of England in Parliament Assembled of High Treason and several other Crimes and Offences by him perpetrated and committed and thereupon by our Lords Temporal in our present Parliament conven'd has been tried and convicted and in due Form of Law was attainted and adjudg'd to die Of which Judgment Execution yet remains to be done And whereas the said Viscount Stafford is detain'd in your Custody in our Tower of London We charge and by these presents firmly enjoyning command you That in and upon the twenty ninth day of this Instant December between the hours of Nine and Eleven before Noon of the same Day you conduct the said Viscount Stafford to the Usual Place without the Gate of the Tower aforesaid and him then and there deliver to the Sheriffs of our City of London and Middlesex To which Sheriffs We by another Writ to them directed have given Command the aforesaid Viscount Stafford then and there to receive that Execution of the aforesaid Judgment may be done in Manner and Form as we have given Command by our other Writ to the said Sheriffs of London and Middlesex And of this you are not to fail upon peril thereon to ensue Any Judgment Law Ordinance or Command before had made ordain'd or given to the contrary notwithstanding Witness Our Selves at Westminster the 18 th Day of December in the 32 d. Year of Our Reign The Second Writ was directed to the Sheriffs of London and Middlesex in Form following 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 altâ proditione necnon diversis aliis criminibus offensis per ipsum perpetrat ’ commissis ’ impetit ’ fuit Ac superinde per Dominos Temporales in praesenti Parliamento nostro convent ’ triat ’ convict ’ debitâ juris formâ attinct ’ fuit morti adjudicat ’ existit Cujus quidem judicii Executio adhuc restat facienda praecipimus vobis per praesentes firmiter injungendo mandamus quòd 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 praecepimus in custodiam vestram
adtunc ibidem recipiatis ipsum sic in custodia vestra existentem statim usque usualem Locum super le Tower-hill ductatis Ac Caput ipsius Willi. Vicecomitis Stafford adtunc ibidem amputari ac à Corpore suo omnino separari faciatis aliquo Judicio Lege Ordinatione seu Mandato preantea 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 Englished thus CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the Sheriffs of London and Sheriffs of Middlesex Greeting Whereas William Viscount Stafford has been Impeached by the Commons of our Kingdom of England in Parliament Assembled of High Treason and other Crimes and Offences by him perpetrated and committed And thereupon by the Lords Temporal in our present Parliament conven'd was try'd convicted and in due Form of Law attainted and is adjudg'd to die of which Judgment Execution yet remains to be done We charge and by these Presents firmly conjoyning command you That in and upon the 29 th Day of this Instant December between the hours of Nine and Eleven before Noon of the same Day that the said Viscount Stafford without the Gate of our Tower of London then and there to be to you deliver'd as by another Writ to the Lieutenant of our Tower of London directed we have given Command you then and there receive into your Custody and him so being in your Custody that you presently conduct to the usual place upon Tower-hill and cause the Head of him William Viscount Stafford then and there to be chop'd off and altogether separated from his Body any Judgment Law Ordinance or Command before had made ordain'd or given to the contrary notwithstanding And of this upon penalty thereof to ensue you are not to fail Witness our selves at Westminster the 18 th day of December in the 32 d. year of our Reign Upon Wednesday the 29 th of December about Ten of the Clock in the Morning the Sheriffs received the Prisoner from the Lieutenant of the Tower and conducted him to the Scaffold Upon which the Prisoner being come after a short pause produc'd a Paper out of his Pocket which contain'd the following Speech which he read with his Hat off and gave several Copies thereof Signed with his own Hand to Sheriff Cornish and other Gentlemen about him THE SPEECH OF WILLIAM HOWARD Late Lord Viscount Stafford Vpon the Scaffold on Tower-Hill immediately before his Execution Wednesday Decemb. 29. 1680. BY the permission of Almighty God I am this day brought hither to suffer Death as if I were guilty of High Treason I do most truly in the presence of the Eternal Omnipotent and All-knowing GOD protest upon my Salvation That I am as Innocent as it is possible for any man to be so much as in a Thought of the Crimes laid to my Charge I acknowledge it to be a particular Grace and Favour of the Holy Trinity to have given me this long Time to prepare my self for Eternity I have not made so good use of that Grace as I ought to have done partly by my not having recollected my self as I might have done and partly because not only my Friends but my Wife and Children have for several dayes been forbid to see me but in the presence of one of my Warders This hath been a great Trouble and Distraction unto me but I hope God of his Infinite Mercy will pardon my Defects and accept of my good Intentions Since my long Imprisonment I have considered often what could be the Original Cause of my being thus accused since I knew my self not culpable so much as in a Thought and I cannot believe it to be upon any other Account than my being of the Church of Rome I have no reason to be ashamed of my Religion for it teacheth nothing but the Right Worship of God Obedience to the King and due Subordination to the Temporal Laws of the Kingdom And I do submit to the Articles of Faith believed and taught in the Catholick Church believing them to be most consonant to the Word of God And whereas it hath so much and often been objected that the Church holds That Sovereign Princes Excommunicated by the Pope may by heir Subjects be Deposed and Murdered as to the Murder of Princes I have been taught as a matter of Faith in the Catholick Faith that such Doctrine is diabolical horrid and detestable and contrary to the Law of God Nature and Nations and as such from my Heart I renounce and abominate it As for the Doctrine of deposing Princes I know some Divines of the Catholick Church hold it but as Able and Learned as they have writ against it But it was not pretended to be the Doctrine of the Church that is any point of Catholick Faith Wherefore I do here in my Conscience declare That 't is my true and real Judgment That the same Doctrine of deposing Kings is contrary to the Fundamental Laws of this Kingdom injurious to Sovereign Power and consequently would be in me or any other of his Majesties Subjects impious and damnable I believe and profess that there is one God one Saviour one Holy Catholick Church of which through the Mercy Grace and Goodness of God I die a Member To my great and unspeakable Grief I have offended God in many things by many great Offences but I give him most humble thanks not in any of those Crimes of which I was accused All the Members of either House having liberty to propose in the House what they think fit for the Good of the Kingdom accordingly I proposed what I thought fit the House is judge of the fitness or unfitness of it and I think I never said any thing that was unfitting there or contrary to the Law and use of Parliaments for certainly if I had the Lords would as they might have some way punished me So t am not culpable before God or Man It is much reported of Indulgences Dispensations Pardons to Murder Rebell Lye Forswear and commit such other Crimes held and given in the Church I do here profess in the Presence of God I never learned believed or practised any such things but the contrary and I speak this without any Equivocation or Reservation whatsoever And certainly were I guilty either my self or knew of any one that were guilty whosoever that were so of any of those Crimes of which I am accused I were not only the greatest Fool imaginable but a perfect Mad-man and as wicked as any of those that so falsly have accused me if I should not discover any ill Design I knew in any kind and so upon discovery save my Life I having so often had so fair occasions proposed unto me and so am guilty
should be committed to a Committee of the whole House Secondly which was done Nemine Contradicente That the exclusion in the said Bill should not extend any further then the Person of the Duke of York only After which the House adjourned till Munday the Eighth of November the most remarkable passages of which day were first a Conference with the Peers manag'd by the Lord Privy Seal at what time his Lordship did deliver to Mr. Hampden and the rest of the Members severall Examinations in writing relating to the Popish Plot acquainting them farther That all other Papers of the same Concern in the Custody of their Clerk should be delivered to the Clerk of the House of Commons upon his giving a Receipt for the same The Second was the Release of Sir Robert Can from his imprisonment upon his petition and acknowledgement of his offence And The third was the Resolving of the whole House into a Grand Committee to proceed in the Bill of Exclusion which was done so effectually that after severall Clauses added and Amendments made the Bill was orderd to be engross'd Fame Was that Bill never to be seen Truth Yes I have seen it my self in severall Coffee-Houses And therefore to save thy longing I will here briefly recite the Heads of it Fame That 's as much as I desire for the rest is but matter of Form Truth That whereas the D. of Y. was notoriously known to have been perverted from the Protestant to the Popish Religion whereby not only great encouragement has been given to the Popish party to carry on a devilish Conspiracy for the destruction of his Majesties Person and Government but that if the D. should succeed to the Imperial Crown of this Kingdom nothing would be more manifest than a total Change of Religion Be it therefore Enacted That the said I. D. of Y. be made for ever uncapable to Inherit the Imperial Crown of the Kingdoms of England and Ireland c. And that if the said D. of Y. shall at any time hereafter challenge or attempt to possess or enjoy or take upon him to exercise any Authority or Iurisdiction within the said Kingdoms c. That he shall be deem'd Guilty of High Treason and suffer accordingly And that all Persans that shall assist him in such Challenge or Attempt or shall themselves attempt or endeavour to put or bring him into the Possession of the Regal Power or by Preaching or Writing maintain that he hath any Right or Title to the same shall be deem'd Guilty of High Treason and suffer accordingly And that the said D. of York after the Fifth of November 1680 shall not return into any of the Kingdoms aforesaid or if he doe he shall be adjudg'd Guilty of High Treason That being so Guilty of the Treasons aforesaid neither the Duke or any other Person shall be capable of the benefit of any Pardon otherwise then by Act of Parliament wherein in they shall be particularly nam'd All Magistrates Officers and other Subjects are also empowered to apprehend the said D. or any other Persons offending in any of these Premises The Act to extend no farther than the Person of the D. Lastly The Act to be given in Charge at all Assizes and Sessions of the Peace and to be openly read in all Cathedrals and Parish Churches c. upon the Twenty-fifth of December and Easterday during the life of the Duke The next day being Tuesday the ninth of November the King sent a Message to the House in writing by Mr. Secretary Jenkins desiring the House as well for the Satisfaction of his People as of himself to expedite such Matters as were depending before them relating to Popery and the Plot and to rest assur'd that all Remedies they should tender to his Majesty conducing to those ends should be very acceptable to him Provided they were such as might consist with preserving the Succession of the Crown in its due and Legal Course of Descent Then Mr. Turberville being called in gave in his Information first by word of Mouth and when he had done delivered the same in writing The effect whereof in short was That he living in the Family of the E. of Powis grew very intimately acquainted with William Morgan Confessour to the said Earl and his Family being a Jesuite and Rector over all the Jesuits in those parts and that he had often heard the said Morgan tell the said Earl and his Lady that the Kingdom was in a high Fever and that nothing but bloodletting could restore it to health That Father Cudworth Guardian of the Fryers at Doway had told him that this King should not last long That in the year 1675 he was introduc'd into the acquaintance of the Lord Viscount Stafford at Paris to whom he had great freedom and liberty of access Who at length after many solemn promises of exacted secresie told him in direct Terms That he might make himself and the Nation happy by taking away the Life of the King who was a Heretick and a Rebel to God Lastly That he was present at Mass with the Lord Powis in Vere-Street where the E. of Castlemaine said Mass in his Priestly habit Wednesday the tenth of November little past of Consequence more then that the Peers sent down to the House of Commons for their Concurrence to an Act which they had pass'd for freeing the City of London and his Majesties Court and Parts adjacent from Popish Inhabitants and providing against other dangers which might arise from Papists Then taking into Consideration the short Message sent them the day before by his Majesty and delivered by Mr. Secretary Jenkins they made two Resolves That a Committee should be appoynted to draw up an Address to his Majesty in Answer to his speech And in the second place That they would proceed in the Prosecution of the Lords in the Tower and forthwith begin with the Lord Viscount Stafford Fame I have heard say that several Addresses were made to his Majesty for the Pardons and Maintenance of the several Witnesses that had given in their Informations Truth 'T is very certain and 't was no more than what you might have related almost upon supposition So that it will be enough to say for the effects shewed it to be real That all the humble Addresses in that nature were answered Besides that it is our business to pass over Things of lesser moment as lightly as we can And thus from the tenth we come to Thursday the Eleventh of November taken up for the most part with rectifying Elections till Sir William Jones reporting That the address in answere to his Majesties last Message was ready having read it in his place delivered it to the Clerks Table after which it was againe read by the whole House and agreed upon Which being done and the engross'd Bill of Exclusion this day read a third time the Resolution of the House was That the Bill should Pass and that the Title should be An