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
should disclose it and particularly that time that I went away from my Lord Astons which was on a Monday morning Mr. Evers gave it me about the 18. or 19. of November 1678. And I did then promise by all the promises I could make and upon the Sacrament in his Chamber that I would not disclose it but having others to advise me in it such as could better do it that told me such Oaths were better broken than kept and thereupon I came to discover the thing which I have done to the best of my knowledge I am very loath to charge my memory in particular about times or how many were in company but those that I am sure of but there hath been in company at the Consultation several times Mr. Heveningham Sir James Symons Mr. Vavasor Mr. Petre Mr. Howard and my Lord Aston himself when there hath been speech about the Design for the introducing of Religion and for taking order about money to buy Arms and particularly when my Lord Stafford was by about the Death of the King and that was about September 1678. Mr. Treby Mr. Dugdale you speak of leavying Arms and of the Oath of Secrecy that was given you were there not other Spiritual Weapons used Was there not an Indulgence or such a thing Mr. Dugdale There was an Indulgence about 78. or thereabouts which came through Irelands hands transmitted from beyond Sea and so to Mr Evers and Mr. Gavan was put on to publish it which he did one time at Boscobel And it was likewise at all private Chappels that whosoever was active for the introducing the Romish Religion or killing the King should have a free Pardon of all his sins Mr. Foley Pray declare what Arguments have been used by your Priests to induce you to this Design Lord High Steward Raise your voice that we may hear what you ask Mr. Foley We would know what Arguments have been used to perswade to this design Mr. Dugdale They have told me in their Meetings the King was an Excommunicated Heretick and he was out of the Pale of the Church therefore it was lawful to kill him and it was no more than the killing of a dog Sir John Trevor My Lords I desire to ask him one Question further what he hath heard about a Massacre that was intended L. H. Stew. Have you heard of any Massacre that was to be Mr. Dugdale I have heard that about the time the King should be killed several should be provided with Arms and such Instruments and rise all of a sudden at an hours warning and to come in upon the Protestants and cut their Throats that was one proposal and if any did escape there should be an Army to cut them off in their flight Mr. Treby My Lords I desire to ask him one Question further whether he ever knew or heard of Mr. Oates and Bedloe till the Plot was detected Mr. Dugdale I have heard of them from Priests as messengers intrusted by them but no otherwise L. H. Steward When did you hear that Mr. Dugdale I have formerly declared it Mr. Treby Ay when L. H. Steward Before the discovery or after Mr. Dugdale Before the discovery Mr. Treby My Lords the reason of the Question and the use we make of it is this We charge the Papists with the Conspiracy of a Plot and they charge our Witnesses with a Conspiracy to accuse Now it appears that Mr. Dugdale had not any knowledge of the other Witnesses and only had heard of them as persons concern'd so it could not possibly be a joint contrivance amongst them Sir John Trevor My Lords I desire to ask this Question Whether Mr. Dugdale hath seen any Letters from Whitebread to Evers and what instructions were in those Letters to Evers about the persons to be concerned and what kind of Creatures he was to imploy in this great Design of theirs Mr. Dugdale I saw a Letter from Whitebread to give Mr Evers a caution who he did employ or trust in the Design for he told him there had been good care taken therein hitherto and it were no matter whether they were Gentlemen of Quality or not so they were stout and trusty or to that purpose L. H. Steward What should they be trusty for Mr. Dugdale For the killing the King L. H. Steward Was that said plainly in the Letter Mr. Dugdale To the best of my remembrance in those very words L. H. Steward Was there no Cypher or Character Mr. Dugdale There was no Cypher or Character that I know of nothing but two letters for his Name Mr. Treby My Lords I desire Mr. Dugdale may give an account of those Papers he speaks of What became of them and tell us the reason why they were not produced Mr Dugdale My Lords when I was by the instruction of Mr. Evers to take my flight I conveyed all my Papers that either belonged to him or my self for the carrying on of the Plot and carryed them to an House not far remote from my Lord Aston's and by the help of two Maids Mr. Treby Name them Mr. Dugdale Elizabeth Eld and Anne Eld. And they two did prepare a Fire in their Chamber for that purpose and they assisted me to burn them I was in a great consternation and great fear in regard I must fly and abscond my self and indeed I did it with Tears in my Eyes And whilst we were burning of the Papers one of them spy'd a little Paper-book by chance and she asked me whether that should be burnt I told her no burn not that for there is no Treason in it With that one of them ask'd me is there any Treason in the rest and I put them off to the best of my knowledge and would not give them a direct answer Sir John Trevor Why did you consent to burn them Mr. Dugdale Because I knew they would discover me and others that were concerned in the Plot. Sir Fr. Winn. Your Lordships will be pleased to observe the burning of the Letters was before he discovered the Plot or any thing Mr. Sacheverell My Lords We desire he may be asked one Question he told your Lordships of the Letter that came into Staffordshire about the Death of Sir Edmonbury Godfrey but he hath not told you of the reason why he was to be taken away We desire he will let your Lordships know what reasons they gave for it Mr. Dugdale My Lords I was desirous to know how things went being concerned as well as Mr. Evers and I asked what the reason was they took away his life Mr. Evers told me that there was a Message sent to Mr. Coleman to desire him that he would not reveal what he knew concerning the Plot or any thing of that nature Mr. Sacheverell From whom was that Message sent Mr. Dugdale From the Duke of York And Coleman did send word back again What was it the nearer for he had been so foolish as to reveal all to Sir Edmondbury Godfrey who
when the Collectors came to the Convent of our Fryers in Sligoe all the Fryers gathered together into a room and these Collectors coming in did read their Commission given them from one James Taaffe as they said and I was there personally present though a Novice and upon reading their Commissions they said Forty Shillings was to be paid by the Prior and the Fryers of that Convent and the Provincial of the Order of the Dominicans questioned the Power of the said Reynolds and Berne and so did the Prior and I asked why the money was levyed they gave answer That that levy and several other levyes was to encourage the French King in whose Kingdom were several Bishops of Ireland Clergymen and others whose business it was to provoke the King to bring an Army to invade Ireland when ever time should serve Lord High Stew. Have you done with him now Mr. Treby Yes Lord High Stew. Will your Lordship ask him any Questions Lord Stafford My Question is only whether he profess himself of the Church of Rome or a Protestant Mr. Dennis I am a Roman Catholick still my Lord. L. High Steward Are you Mr. Dennis I am my Lords Lord Stafford Then I have no more to say Sir John Trevor Then we call Mr. Jenison Who was sworn Mr. Treby Mr. Jenison you have been among the Papists and you have had great confidence among them pray declare what you know of their Designs for the Destruction of the Protestant Religion or the means of doing it whether by the Murder of the King or what other means tell your whole knowledge Mr. Jenison My Lords In the beginning of the year 78. I have heard Mr. Ireland and Mr Thomas Jenison both Jesuits speak of a Design they had to gain a toleration of Conscience for their Party in England and the way then designed to get it was by procuring a great Sum of Money from their Party and by bribing the then Parliament I have heard them likewise discourse of securing the Duke of York's Succession and that they told me was to be done by procuring of Commissions to be granted to those of their Party to be ready to rise upon the Death of the King I likewise have heard them discourse of the necessity and usefulness to their Party of the Alteration of the Government established and that their Religion could never flourish till that was done and this Kingdom altered according to the French Model In the month of June 78 I was at Mr. Ireland's Chamber and there happening a discourse that the Roman Catholick Religion was like to come into England Mr. Ireland did then say there was but one that stood in the way and that it was an easie thing to Poyson the King and that Sir George Wakeman might easily and opportunely do it I asked Mr. Ireland whether Sir George Wakeman was the Kings Physician His answer was No but he was the Queens and so might have an opportunity to do it In the month of August the same year the day that I came from Windsor I went to Mr. Ireland's Chamber and I found he was newly come from Staffordshire and was drawing off his Boots on the frame of a Table he asked me whence I was come I told him from Windsor He inquired of me about the Diversions of the Court I told him I understood His Majesty did take delight in Hawking and Fishing but chiefly in Fishing and that he went accompanied only with two or three early in the morning Then Mr. Ireland replyed He were easily taken off or removed to which I answered God forbid being surprized at that time O said he I say not that it is lawful Then there happened some interruption to our Discourse about Staffordshire then we fell into a Discourse of their Religion that he said was suddenly to come into England and he asked me if I would be one of those that would go to Windsor to assist to take off the King I told him no then he told me he would remit the 20 l. I owed him if I would go to Windsor to be one of those that were to take off the King My Lords I told him I would have no hand in any such matter and that I would not for twenty times 20 l. have any hand in the Death of the King said he Would you do nothing for the bringing in of our Religion I told him I thought it would never come in by blood I told him further God forgive me if the King were taken off so well and good but I would have nothing to do with it He left not the Discourse there but asked me if I knew any Irishmen that were stout and couragious I told him yes I did and named Captain Levallian Mr. Karney Mr. Broghall and Mr. Wilson all Gentlemen of my acquaintance about Grays-Inn When I named these he asked me if I would go along with them to Windsor to assist them in taking off the King I told him I did not think any man of Estate would ingage in such a matter that I was Heir to an Estate my Brother being a Priest and that Captain Levallian was Heir to a very good Estate and therefore I did believe he would not do such a thing unless the Pique which he had to the King or Religion might move him to it My Lords be approved of these persons and said he knew the first two of them Levallian and Karney and he set down as I remember the other two Names in writing He told me he was going to the Club to Mr. Coleman and Mr. Levallian and Mr. Karney at that time and then asked me for the Money the Twenty pounds that I owed him He told me he wanted Fourscoure Pounds and he desired me that I would return it as soon as I came into the Countrey Now my Lords the same day that I received this Twenty pound of Ireland I went with Mr. Thomas Jenison the Jesuit to Harcourts Chamber to give the Fathers thanks for the Loan of the Money and there Mr. Jenison falling into Discourse on that common Topick of their Religion coming into England he did then use that Expression which Dr. Oats hath in his Narrative If C. R. would not be R. C. he should not be long C. R. And he did interpret it thus in Latine Si Carolus Rex non esset Rex Catholicus non foret din Carolus Rex And he did add my Lords upon the Discourse that if the King were Excommunicated or Deposed he was not longer King and it was no sin or no great sin to take him off and if it were discovered who did it two or three might perhaps suffer but denying the Fact the matter soon would be blown over My Lords about two Months after the Mustering the Forces upon Hounslowe-Heath Mr. Thomas Jenison did tell me he had a matter of great Consequence to impart to me that there was a Design on foot so laid as that it could not well be
discovered and that the greatest Papists the greatest Catholicks in England were in the Design That the Queen and the Duke were in it and that several Lords by name my Lord Bellasis my Lord Powis my Lord Arundel of Wardour and others I believe my Lord Stafford was named but I cannot be positive in that At that time my Lords I did wish I had had a Commission in the new raised Levies that were Mustered on Hounslowe-Heath he told me he would procure me a Commission from the Duke of York and that there was a new Army to be raised to bring in the Catholick Religion but he did say he would tell me more particulars after my receiving the Sacrament of Secresie and I did understand by him that that Commission was not to be sent till the taking off the King was effected but being I was surpâ—ised at it he would not tell me the whole matter but he desired me to come and receive the Sacrament at Sir Philip Tyrwhytts in Blomesbury and then he would acquaint me with the whole Affair My Lords being in Berkshire about the Month of December 78 at Madam Halls in Shinefield Parish one Mr. Cuffil a Jesuit came into our Company It was about the Tryal of Coleman and Mr. Cuffil did then say That he thought Mr. Coleman was infatuated upon the Discovery of the Plâ—t to give notice to Mr. Harcourt Mr. Ireland and Mr. Fenwick and the other Jesuits to burn or secure their Papers and yet not to secure his own My Sister Hall was present at this Discourse and Mr. Cuffil did then further say that Bellarmine did draw a Sentence out of the Scripture to favour the Popes Authority of Excommunicating Depriving and Deposing Temporal Princes and the saying was this Quòd Papa habeat eandem Potestatem super Reges quam Jehoiada habuit super Athaliam And that there were other corroborating Testimonies among the Fathers for it Mr. Treby My Lords we desire to ask him whether ever he heard of Mr. Oats being in the Plot or being thought Trust-worthy among them Mr. Jenison Yes my Lords I did L. H. Stew. When did you hear it and of whom Mr. Jenison Of my Brother Thomas Jenison the Jesuit L. H. Stew. When did he tell you so Mr. Jenison About the latter end of July 78. when there was a Discourse of a Design and that the greatest Papists were in it he said Mr. Oats a Parson newly come over to them was in that Design I answered I did wonder that he would trust a reconciled Enemy he answered That being once reconciled they were more Zealous and Trusty I submitted to his Opinion and instanced in Dr. Godwyn and Dr. Bayley that were Protestants and afterwards came over to the Church of Rome Mr. Treby We have done with him my Lord. L. H. Stew. Will your Lordship ask him any Questions my Lord Stafford L. Staff No my Lord. Sir Fr. Win. My Lords I would only observe the time when he says his Brother told him of the Design that it was about the time of the Mustering of the Forces upon Hounslowe-Heath and that he was then told Mr. Oats was in the Plot I only observe it now for the end of the Case in point of time L. H. Stew. He says it was in July Mr. Jenison It was two Months after the Mustering of the Forces about the latter end of July L. H. Stew. Before the Discovery Mr. Jenison Yes L. H. Stew. Did you know Oats at that time Mr. Jenison No my Lords I was not acquainted with him Sir John Trevor Did you not see him then Mr. Jenison Yes I saw him at Irelands Chamber Sir John Trevor When was that Mr. Jenison The latter end of April or the beginning of May. L. H. Stew. You say you did not know him in July How then can you say you saw him before Mr. Jenison I did not know him I only saw him come into Irelands Chamber and whisper for sometime two or three minutes and then they told me that that was Mr. Oats a Parson newly come over to them a brisk jolly man and worthy my acquaintance L. H. Stew. Is this the same man you saw there Mr. Jenison My Lords I can't remember his face for he was gone out when I was told of him L. H. Stew. Why you know Mr. Oats now Mr. Jenison Yes I do L. H. Steward Do you know him to be the same man that you saw then Mr. Jenison I can't tell that Sir John Trevor My Lords he says Mr. Oats only came in for three or four minutes and his back was towards him and his Brother told him when he was gone who it was Mr. Jenison I only knew his Name from my Brother Mr. Treby And I presume your Lordships will observe this was at the very time of the Jesuits Consult Sir John Trevor We desire this Gentleman may tell your Lordships who his Brother is and what Profession he is of Mr. Jenison My Brother was a Jesuit brought up at St. Omers L. H. Steward Your Brother is dead and died in Newgate Mr. Jenison Yes he did so L. H. Steward Pray recollect your self again When was it that you saw the man they called Oats at the Jesuits Chamber Mr. Jenison My Lords It was in the year 78 the latter end of April or the beginning of May. And I will tell you why I apprehend it to be that time My Brother being a Priest lived with Sir Phillip Tyrwhitt in Lincolnshire and in that year in Lent he came to Town with my Lady and that Family and he and I used to Dine together at the Fish Ordinary at Pedleys And about three weeks or a month after that time when he came to Town I was at Mr. Irelands Chamber and there was a Gentleman whom they told me was Oats L. H. Stew This you say was the latter end of April or beginning of May 78 for the time is material upon your Oath you say it Mr. Jenison Yes my Lords I do L. H. Stew. You say it was at Ireland's Chamber Mr. Jenison Yes my Lords Sir Fr. Win. My Lords will you give us leave to ask him one short Question because some of the Gentlemen doubt of it we would ask it again what his Brother was whether he was a Jesuit or no Mr. Jenison I have heard him own it my Lords L. H. Stew. Whom do you call next Gentlemen Mr. Treby If it please your Lordships we shall in the next place produce our Evidences that are matters of Record and we desire your Lordships advice and direction how we are to minister the same whether your Lordships will have them all read 〈…〉 of them and let them be left with your Lordships L. 〈…〉 〈…〉 Records are they Mr. 〈◊〉 〈◊〉 are the Records of the Attainder of Coleman Ireland and the other Conspirators L. H. Stew. The Fact is so notorious that they were Attainted and Executed That the reading of a word will serve the turn Sir
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
they have can in the least absolve me of my Allegigiance And I do acknowledge the King is my Soveraign and I ought to obey him as far as the Law of the Land obliges any Subject of his to obey him whether I have taken the Oath of Allegiance I appeal to your Lordships to be my Witnesses and if I did not take it a thousand times for my Allegiance to the King if required I think I should deserve a thousand Deaths and all the Torments in the world for refusing it My Lords These Gentlemen here did begin their Charge Serjeant Maynard and Sir Francis Winnington with telling your Lordships there was an horrid Design to murder the King to alter the Government and introduce the Popish Religon This they say was ingaged in by the Roman Catholicks that all the Church of Rome were the Contrivers of it for they tell your Lordships the whole Body hath been ingaged in it and they have given you many Proofs by Witnesses examined the first day of a General Plot what Credit you will give to them I leave to your Lordships in the end of the Case but still they said it was the Body of the Roman Catholicks in England or the Papists or what they call them that were the Plotters in this Design But I beseech your Lordships how am I concerned in it for I must say to your Lordships they have not offered one proof that I am of that Religion So that though any of you should have seen me at the Exercises of that Religion or otherwise know it of your selves yet if there be no Proof judicially before you you are not to take notice of it I have heard if a man be accused of a Crime and be to be tryed and no Evidence come in if every man of the Jury were sure that the Fact was done yet they must go upon the Evidence produced to them and not upon their own knowledge So then no Evidence being produced before your Lordships about my being a Papist you are not to take me for such an one But my Lords if I were of that Church and that were never so well proved too I hope I have an advantage in it that I have kept my self from being poysoned with so wicked a Principle or ingaged with the rest in so ill a thing My Lords I am here accused of having endeavoured to kill the King I find by the Law upon reading Sir Edward Coke since my Imprisonment That all Accusations of Treason ought to be accompanied with Circumstances antecedent concomitant and subsequent but I conceive my Lords there is no tittle of any such thing proved against me The whole compass of my life from my infancy hath been clear otherwise In the beginning of the late unhappy times the late King of happy and glorious memory did me the honour to make me a Peer and thinking that my presence might rather prejudice him than serve him my Wife and I settled at Antwerp when the War begun where I might have lived though obscurely yet safely but I was not satisfied in my Conscience to see my King in so much disorder and I not endeavour to serve him what I could to free him from his troubles And I did come into England and served his Majesty faithfully and loyally as long as he lived And some of your Lordships here know whether I did not wait upon the now King in his Exile from which he was happily restored which shews I had no ill intention then My Lords I hope this I have said does shew that my life hath given no countenance to this Accusation but clear contrary to what these I hope I may call them so and doubt not to prove them so perjured Villains say against me My Lords After I had this misfortune to be thus accused about a month or six weeks after your Lordships were pleased to send two Members of this honourable Body to me I do not see them at present here to examine me about the Plot they were my Lord of Bridgwater and my Lord of Essex if they be here I appeal to them what I did say These two after they had examined me told me they did believe and could almost assure me That if I would confess my Fault and let them know the particulars of it your Lordships would intercede with the King for my Pardon but I then as I ought asserted my own Innocency Not long after the King out of his Grace and Goodness to me sent six of the Council to the Tower to offer me That though I was never so guilty yet if I would confess I should have my Pardon I did then consider with my self I could not imagine what ground there was to believe your Lordships could have Evidence of what there was not to bring me in Guilty and thereupon I was so far from being able to make a Discovery that I could not invent any thing that might save my life if I would My Lords I was seven days in the Countrey after I heard of the Plot if I had known my self guilty I should surely have run away As I came to London when I was at Lichfield there met me two of my Lords They told me and so did a Gentleman of the House of Commons how much there was in the Plot which if I had had an hand in it would certainly make me fly for it I have ever heard when a man is accused or suspected of a Crime Flight is a great sign of Guilt and that it is often asked of the Jury though there be no certain positive Evidence of the Fact Whether a man fled or no As that is a sign of Guilt so Remaining is a sign of Innocency If then after Notice I come to Town and suffer my self to be taken if after Imprisonment and Accusation I refuse my Pardon and yet had been Guilty I ought to die for my Folly as well as my Crime My Lords 't is a great Offence to commit Treason and a great Addition to continue obstinate when upon Acknowledgment a man can save his life nay my Lords if I should have refused these Offers and yet known my self Guilty I had at the same time been guilty of one of the greatest Sins in the world as being the cause of my own Death And as I hold next to Treason Murder the greatest sin so I hold of all Murders Self-murder to be the greatest nay I do not think any man living can pardon that Sin of Murder And I do profess to your Lordships in the presence of Almighty God that if I could immediately by the Death of this impudent Fellow Dugdale who hath done me so much wrong make my self the greatest man in the world that is or ever was I profess before God I would not I cannot say my Charity is so great but that I should be glad to see him suffer those Punishments the Law can inflict upon him for his Crimes but his Death I would not have
by the Statute Mr. Serjeant Maynard Express your self my Lord for we do not understand you L. Stafford I cannot say more than I do the time which the Statute limits is six months but this is five years I desire the Statute may be read L. H. Stew. What Statute my Lord L. Stafford The Statute of the 13 th of this King L. H. Stew. If your Lordship pleases you shall have it read But your Lordship does not observe you are prosecuted and impeached of High Treason upon the Statute of the 25 th of Edward the 3 d. not upon the Statute of the 13 th of this King made for the Safety of the Kings Person which limits the Prosecution of some Offences to be within six months but the Prosecution for Treason may be at any time L. Staff Does your Lordship say it may be at any time Lord High Steward Yes my Lord. L. Stafford This truly does very much surprise me though I am wholly ignorant in matters of Law My Lords I have ever heard that no man can be prosecuted by that Statute but within so many days in one part of it Thirty Days in another six months and I desire your Lordships that the Statute may be read L. H. Stew. If your Lordship please the Statute shall be read if your Lordship desires the Clause of the Statute of the 13 th of this King which limits the Prosecution to be within six months that shall be read But I conceive your Lordship is not accused upon that Statute Lord Stafford I beseech your Lordships I may know whether I am prosecuted upon the Statute of the 13 th of this King or upon what other Statute L. H. Steward What say the worthy Gentlemen of the House of Commons Is my Lord prosecuted upon the Statute of the 13 th of this King M. Serj. Maynard Not at all my Lord he is not prosecuted upon that Statute but upon the Common Law and the 25 th of Edward the 3 d. which was only Declarative of the Common Law L. Staff This is a point of Law Sir Will. Jones What is the point of Law L. Staff Whether I can be prosecuted after so many days L. H. Steward The Law is very clear If you were prosecuted upon the 13 th of this King for any less Offence than Treason you could not be prosesecuted after six months but if you be prosecuted for Treason either upon the 25 th of Edward the 3 d. or 13. Car. 2 d. there is no time limited and God forbid there should L. Stafford I beseech your Lordships Judgment whether there be not a Statute I think 't is in the Reign of Edward the 6 th that sets the time after which no man shall be prosecuted for any thing of Treason I desire a quarter of an hours time to look into the Statute L. H. Stew. What say you Gentlemen L. Stafford Pray my Lord let me read the Statute of Edward the 6 th Mr. Serj. Maynard We know not of any such Statute L. Stafford I will not say there is but I will say I cannot read if there be not L. H. Stew. Pray Gentlemen of the House of Commons my Lord does suppose he hath some kind of Objection in Law to make which he cannot make out of himself will it be amiss to let his Counsel make and propose the Question for him Sir Will. Jones My Lords we rather would have my Lord propose the Objection for your Lordships know till a matter of Law is proposed he cannot be admitted to have Counsel If he desires time to recollect himself about the Objection we can't oppose it But we desire that he may propose the Objection and after if it be any doubt in matter of Law your Lordships will assign him Counsel to be heard to speak to it Sir Franc. Winn. This would be a way for a Prisoner to have the Advantage of Counsel when they ought not to be allowed for 't is but to say he hath some doubt which he cannot propose himself and so let in his Counsel to make Objections for him If any Question of Law do arise and that Question is stated you will allow the Prisoner Counsel to argue it but at this rate he may make the like pretences in every part of his Defence and so obtain that Counsel shall manage his whole Defence for him L. H. Stew. I suppose my Lord does intend an Objection as to the time of the Prosecution but he does not know how to make it He supposes he is prosecuted after the six months which he thinks is the time limited for the Prosecution But I pray my Lord Stafford will your Lordship take time to recollect your self and make an Objection fit for Counsel to be heard upon and you shall have it L. Staff I beseech you I may have the Statute-Book with me for I have none my self my Lord. Sir Will. Jones With all our hearts we do not oppose it Then my Lord withdrew into the Room provided for him and within a quarter of an hour returned L. H. Stew. Say my Lord. L. Stafford My Lords I do confess I have been very much mistaken ever since I was first committed to the Tower For I did conceive that they would have proceeded as I thought I was impeached upon the Statute of the 13 th of this King I humbly desire your Lordships Judgment whether I ought or no to be prosecuted upon that Statute L. H. Stew. The Gentlemen have told you already They prosecute you upon the Statute of 25 th of Edward the 3 d. and upon the Common Law L. Staff And they lay aside that Statute L. H. Stew. What Statute L. Staff The 13 th of this King L. H. Stew. What say you Gentlemen once more Sir Fr. Winn. My Lords we have declared already to his Lordship and if my Lord had looked well upon the Articles of Impeachment he could not have put that Question but would have found himself impeached for Treason at the Common Law declared by the 25 th of Edward the 3 d. L. Staff So then they lay that aside of the 13 th of this King Mr. Serj. Maynard We do not mention any Statute but we mention the Crime and that Crime is against the Common Law declared by the Statute to wit The attempting the King's Death and the Subversion of the Government L. Stafford My Lords There is no doubt but the attempting the King's Death is a great and hainous Crime but my Lords I do not find that in the Impeachment there is any Overt Act at all And whether I shall answer to a Treason not proved by any Overt Act sworn by two Witnesses I submit to your Lordships But my Lords because your Lordships and the House of Commons may not think that I propose these things out of a desire of delay if your Lordships please it may be saved to me with all other points of Law I will go on to my proofs L. H. Stew. Yes
me to the White Horse in Ridgley and there when I came to him he told me I knew as much of the Plot as he I told him I was innocent of the thing he swore God damn him that I knew as much as he Then I told him if he knew no more than I did he knew no more than my Lord Mayor's great Horse did Then he took me aside Come says he you are a poor man and live poorly I can put you in a way whereby you may live gallantly I will give you 50 l. in hand if so be you will do so and so and 50 l. more when the thing is done L. H. Stew. What do you mean by so and so Morrall To swear against Mr. Howard Sir James Symons and several other Gentlemen of the Country L. H. Stew. Did he offer you any mony to swear against my Lord Stafford Morrall No I did not hear him mention any thing of him L. H. Stew. But he offered you mony to swear against Symons and Howard Morrall Yes my Lord and Herbert Aston my Lord Aston's Kinsman L. H. Stew. What were you to swear Morrall That they were at such a Meeting at Mr. Herbert Aston's upon the Conspiracy of the Plot. L. H. Stew. Will you ask him any thing Managers No set him by Then another Witness stood up L. H. Steward What is your Name Witness Samuel Holt. L. H. Stew. What Profession are you L. Stafford Pray my Lords ask him whether Dugdale would perswade him to swear that which he knew not L. H. Steward What Profession are you of Holt. A Protestant of the Church of England L. H. Stew. What Trade Holt. A Blacksmith L. H. Stew. Where do you live Holt. At Tixal L. H. Stew. Are you my Lord Aston's Servant Holt. No my Lords L. H. Stew. What say you Holt. My Lords he sent a man and a Horse for me to Stafford to the Star L. H. Stew. Who did Holt. Mr. Dugdale did And there I waited upon him a good while At length he came and told me he must speak with me privately so he told me if I would swear that VValter Moor carried Evers away he would give me 40 l. And he bid me not be afraid to swear for fear of my Lord Aston for he would hire me an Horse and get me to London and place me that where I got one shilling I should g et five L. H. Stew. Did you know Evers Holt. Yes my Lords I have seen him L. H. Stew. Do you know when he went away from Tixal Holt. No my Lords L. H. Stew. What else can you say Holt. Nothing else L. H. Stew. Will you ask him any Questions Gentlemen Managers No. L. Stafford T' e next thing I go upon is that Stephen Dugdale at the Tryal of the five Jesuits swore That he acquainted Sambidge with the Letter about the death of Sir Edmundbury Godsrey the Munday or Tuesday after which Mr. Sambidge denies And in order to that I call Mr. Sambidge but if your Lordships please I shall first prove that hâ— swore it then Where is Mr. Lydcott who stood up I desire to ask him whether Dugdale did swear at the Tryal of the five Jesuits that he acquainted Mr. Sambidge with the Letter about the death of Sir Edmundbury Godfrey L. H. Stew. You fellow Witness My Lord. L. H. Stew. What is your Name VVitness John Lydcott L. H. Stew. How do you live Lydcott I am a Fellow of Kings Colledge in Cambridge L. H. Stew. What do you come to say Lydcott I don't know my Lords what my Lord will ask me Sir VVill. Jones My Lords before you enter into the examination of this man we desire to ask him a Question or two Mr Serj. Mayn Whose Servant are you or were you lately Lydcott I am Fellow of Kings Colledge Mr. Serj. Maynard But whom did you serve lately were you never Secretary to a Lord Lydcott Yes I was Mr. Serj. Mayn To what Lord Lydcott To my Lord Castlemain Sir L. H. Stew. What Religion are you of Lydcott Of the Church of England and always was nay I can't say always for I was bred up a Presbyterian my Father was a Colonel under Monk L. Stafford Mr. Lydcott I ask whether you did not hear Mr. Dugdale swear at the Tryal of the five Jesuits Mr. Serj. Mayn I desire one favour my Lords my Lord Stafford asks Questions to lead the Witness pray let him ask his Questions more generally L. H. Stew. You say you are a Protestant Lydcott Yes my Lords L. H. Stew. When did you last receive the Sacrament Lydcott When I was last at Cambridge No not so for it is not above a year ago that I was there L. H. Stew. When then did you receive the Sacrament Lydcott I do not exactly remember my Lords L. H. Stew. My Lord I would be glad to know what is the Question your Lordship calls him for that your Lordship may not ask the Question but by me L. Stafford My Lords I desire to know for my part I know not what his Answer will be whether he did hear at the Tryal of the five Jesuits Dugdale swear he had communicated the news of Sir Edmundbury Godfrey's death which was on the Saturday on the Tuesday after to any people and to whom L. H. Stew. Were you at the Tryal of the five Jesuits Lydcott Yes I was L. H. Stew. Did you hear Dugdale swear there and give his Testimony Lydcott Yes I did L. H. Stew. Do you remember what Dugdale swore then Lydcott Very well L. H. Steward What was it Lydcott My Lords Mr. Dugdale spoke of a Letter that came down to my Lord Aston's on the Munday and he imparted it on the Tuesday after at an Ale-house to one Mr. Sambidge and Mr. Philips This was also at Sir George Wakeman's Tryal which I took notice of more particularly because I had occasion to take some Notes there L. H. Stew. What use do you make of this my Lord L. Stafford If that be allowed to be so then I will call no more Witnesses otherwise I have more L. H. Stew. Call them all Lord Stafford Then call Mr. Charles Gifford Mr. Serj. Mayn Pray my Lords give me leave to ask this young Scholar one Question before he goes By whose commendation or means did you come into that Colledge Lydcott By Election from Eaton Mr. Serj. Mayn Who promoted you Lydcott One Mr. Doyley now Senior Fellow of Kings Colledge it was his Election Sir Fran. Winn. My Lords I would ask him one Question He says he went to take Notes by whose direction did he go to take Notes at Sir George Wakeman's Tryal Lydcott It was for my own curiosity L. H. Stew. Friend 't is all one as if you were upon your Oath and as penal to you by whose direction did you go Lydcott It was partly my own curiosity and partly to see what Evidence was against my Lord for my Lord Castlemain thought himself concerned as
told you of it M. Hanson Old Mr. Sambidge and Mr. Philips the Parson of Tixall L. H. Steward Were they in the House at that time Mr. Hanson Yes L. H. Stew. Were they by when the discourse was Mr. Hanson Mr Sambidge was going to drink a Bottle of Ale as he said at my Lords Bowling Green and for a while he sits down and presently Mr. Philips comes in and sits down and Mr. Dugdale came out of the Parlour into the Room where we were come said I What News said he They say there is a Justice of Peace murdered at Westminster Sir Fr. Winn. Was Philips in the Room Mr. Hanson Yes he hath forgot it but he was there L. H. Steward Did Philips hear it Mr. Hanson He might have heard it if he would L. H. Stew. Had you any discourse with Philips about this since Mr. Hanson No my Lords Sir Fr. VVinn He is positive both as to the day of the month and as to the week and that both of them were present Sir W. Jones My Lords â—e shall prove to you now That the Post which comes out of London on Saturday comes to this place on Munday morning and those which goes out of Tuesday come there on Thursday morning and the Post which goes out of London on Thursday comes to this place on Saturday morning L. Stafford He says the Post comes such and such days I own it and in the morning too Sir Will. Jones Then I go on my Lords to another point which will be a farther Confirmation of the matter For my Lords we will prove to you and that by men of Quality that the noise of the Murder was in that Countrey the Wednesday and Thursday following the Murder Your Lordships please to observe Sir Edmundbury Godfrey was killed the Twelfth of October he was found the Thursday following which was as I take it the 16. or 17. of October We will prove now that the noise and knowledge of the Murder was in the Countrey about Tixal before he was found here near London Now we only bring this as a Confirmation of this matter that it was revealed at the Alehouse and so it went about the Countrey And for this we call Edward Birch Esquire and John Turton Esquire Sir Fr. VVinn Before we examine them I would state the time Sir Edmundbury Godfrey was missing on Saturday which was the 12. of October his Murder was not discovered till Thursday We call these persons to a double purpose the one to fortifie what our Witnesses have said and the other to shew that this man was dispatched by these Mens Confederates because they knew it so soon which could not have been but that they were in the Conspiracy themselves L. Staff I desire only that he may say whether he means me among the rest Sir Fr. Winn. My Lord I will do you no wrong I speak of those at Tixal Then Mr. Birch was sworn L. H. Steward When did you hear of the death of Sir Edmundbury Godfrey Mr. Birch Mr. Birch My Lords I did not hear any thing of the death of Sir Edmundbury Godfrey till the Saturday-Post but I presume that which these Gentlemen call me for is this I did hear before Thursday I think Tuesday was the first day that there was a Justice of Peace of Middlesex killed and it was thought the Papists murdered him and this on Tuesday and Wednesday was all over the Countrey that is Tuesday after his death for I 'll tell your Lordships how I came to take notice of it for hearing such a report in the Countrey I did not so much take notice of it but being at the Kings Bench Bar at the Tryal of Green Berry and Hill for the Murder of Sir Edmundbury Godfrey I found upon the Evidence that the Body was not found till the Thursday after he was killed that made me recollect my self as to what I had heard in the Countrey and as I stood at the Bar I told several Gentlemen that I did perfectly remember before Thursday it was discoursed of in the Countrey by several Gentlemen where I lived Sir Will. Jones Call John Turton Esquire Sir Fr. Winn. Some of my Lords here I perceive desire he should be asked a more particular Question L. H. Steward I desire to ask him this You heard of it you say on Tuesday that a Justice of Peace of Middlesex was killed I desire to know who you heard it from Mr. Birch Truly my Lords I can't tell For I 'll tell your Lordships I have some certain days that I constantly appoint to be at home in when people come about business to me Among these people several came that asked me what news I had from London I told them I had received a Letter or two by the Post and I shewed them those Letters there was little or nothing in them Thereupon they asked me if I did not hear of a Justice of Middlesex that was killed No said I. How come you to hear it says one I come through Cank which is within half a mile of mine own house and as I came through there came a person from Heywood that said 't is all the news about Tixal and Heywood and that part of the Countrey And this was said to me in my own House Sir Fr. Winn. How far is Heywood from Tixal Mr. Birch About a mile Sir Fr. Winn. Now my Lords I would ask Mr. Turton to the fame business Mr. Turton was sworn L. H. Stew. Mr. Turton pray hear When did you first hear in Staffordshire of the death of a Justice of Peace of Middlesex Mr. Turton My Lords there are two Races in that Countrey at a place near Lichfield and they are about the middle of October the one that year was the 15. the other the 18. the one the Tuesday and the other the Friday I was at both of them and one of the days which I cannot be positive in there was one Mr. Whitehall a Justice of Peace in Staffordshire called me from the company and desired to speak with me by my self Said he Do you hear any news No said I. Do you hear nothing said he of a Justice of Peace that is murdered I then had not heard of Sir Edmundbury Godfreys being missing No says he don't you hear he is murdered Do you know him Yes said I how do you hear it says he 't is a report about us but I did not then believe it but the next Post-day which was Munday I did hear it it was either Tuesday or Friday one of those days Sir Will. Jones If it were either one or 'tother 't is as strange and the Evidence as strong for his Body was not found till Thursday Sir Fr. VVin. And will your Lordships please to observe that by that time the report had got the name of Godfrey too when at that same time we in London did not know what was become of him Mr. Turton He asked me if I knew Sir Edmundbury
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
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
I hope your Lordships will not alter the form for I hope you will keep that great Maxim of your Noble Ancestors Nolumus Leges Angliae mutare and whether this be a Change of the Law or no I submit it to your Lordships A third thing is this Your Lordships do not think fit that my Counsel shall plead to that Point whether Words do amount to an Overt Act for hearing my Counsel to that likewise I do not pretend but I hope your Lordships will give me leave to say this I never heard that Words did amount to an Overt Act if your Lordships judge otherwise I submit but till then I hope it shall not conclude me There were some other Points which I did offer to your Lordships and I humbly beseech you to know whether my Counsel shall be heard to them 't is true one of them which was whether two Witnesses in several places did amount to a legal Testimony or no your Lordships did not declare one way or another If you say you acquiesce in the Opinion of the Judges I must submit but till Judgment is given I beseech your Lordships to give me leave to tell you my weak thoughts about it I did not hear what the Judges said all of them but as I apprehend they were all of one Opinion 'T is true one of them that spoke last I think it was Judge Atkins did say it did amount to a legal Testimony because else those Juries that have found some Guilty upon the same sort of Evidence should be perjured but if this were not so then upon the same grounds under your Lordships favour those Juries that acquitted some upon such Testimony were perjured but I must believe it to be otherwise till your Lordships have declared it as your Opinion for that reason will not hold for the same reason will be for the perjuring the one as for the perjuring the other And the same Juries for the most part tryed those that were found guilty and those that were acquitted Lord High Steward Is this all your Lordship will please to say Lord Stafford No my Lords if you would give me leave I would trouble you a little farther if it were an Offence I would not say a word My Lords I do conceive I am not concerned in the general Plot of the Papists for I am not proved to be so and whatsoever I may be in my self as I conceive or whatsoever there is of hearsay I hope your Lordships will not go upon that but upon what is proved Secundum allegata probata and that common Fame will condemn no man if it do then no man is safe but I must say there is not one word of proof offered that I am a Papist I hope my Lords I have cleared my self to your Lordships and made my Innocency appear by making appear the perjury of the Witnesses and the falshood of those things they said against me Against Dugdale I have proved it by two of his own Witnesses the one was Eld the woman that swore for him That he took up a Glass of Cyder and wished that it might be his Poyson if he knew any thing of the Plot the other was Whitby who says he had given my Lord Aston's Father warning long ago what a Knave he was So 't is clear for Dr. Oats I hope from his Contradictions against himself as well as Dugdale who does contradict himself at one time August at another time the latter end of August or the beginning of September And I hope your Lordships will give no credit to Oats's Testimony for he said before your Lordships he had declared all he knew 't is true I was then accused but not for having a Commission as he now swears and afterwards he accused the Queen so here is Oats against Oats and Dugdale against Dugdale and for Turbervill I have proved by his Affidavit first he swears one thing and then another and the truth of it is his Brother proved him false in his last Oath that it was 7â— and not 72. My Lords 'T is not my part to make any Question nor do I whether a Plot or no Plot for I am not concerned in it If what I shall say now be impertinent I humbly beg your Lordships pardon My Lords I have been by the most of my Friends at least every one that came to me particularly by my Wife and Daughter that is near me persuaded to tell all that I knew and I do here in the presence of Almighty God declare what I know to be true Lord High Steward What says my Lord Speak out Lord Stafford My Lords I do believe since the Reformation from the Church of Rome to what it is now Established the Church of England those of that Religion have had several wicked and ill Designs and Plots I do believe they had a Design in Queen Elizabeth's time Babbington's Plot that is a long time ago how far it was to take away the Queens Life I can't tell but a Plot it was I do believe there was another in her time called Earl of Westmorland's Plot wherein there was a Rebeâ—â—ion in the North for which some fled and some were Executed that was a very ill design As for those poysonings of her Saddle and the like I take them to be but stories In King James's time in the first year of his Reign there was a wicked Plot composed by Actors some of one Religion some of another there was my Lord Grey my Lord Cobham my Lord Brooke and others such they were condemned all of them some fled as Markham and Bainham those Lords and Sir Walter Rawleigh were Reprived and kept long in the Tower But Sir Walter Rawleigh was afterwards upon that same Judgment Beheaded and the Lords dyed in the Tower My Lords Next to that was the Execrable Treason that I spoke of at first the Gun-powder-Treason And I protest before Almighty God I did from my Infancy detest and abhor those men that were engaged in it and I do think and always did think the Wit of Man nor the Devils Malice can't invent an Excuse for it For the men concerned they all acknowledged it confessed it and beg'd pardon of the King and God and all good men for it that is all I shall say to that now My Lords Since his Majesties happy Restauration I do conceive and I think I may safely say it for you all know it he was gracious and good to all Dissentersd particularly to them of the Romish Church they had Connivance and Indulgence in their private Houses and I declare to your Lordships I did then say to some that were too open in their Worship that they did play foul in taking more Liberty upon them than was fitting for them too and that brought the misfortune upon me which I will not name My Lordâ— it was not long ago that your Lordships at your own Bar did allow all the Dissenters from the Church of England