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A63208 The tryal of William Viscount Stafford for high treason in conspiring the death of the King, the extirpation of the Protestant religion, the subversion of the government, and introduction of popery into this realm : upon an impeachment by the knights, citizens, and burgesses in Parliament assembled, in the name of themselves and of all the commons of England : begun in Westminster-Hall the 30. day of November 1680, and continued until the 7. of December following, on which day judgment of high treason was given upon him : with the manner of his execution the 29. of the same month. Stafford, William Howard, Viscount, 1614-1680. 1681 (1681) Wing T2239; ESTC R37174 272,356 282

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another Case your Lordships will proceed here only according to your Proofs and your Evidence secundum allegata probata and therefore all we shall say to this is that we hope our Proofs are so clear and evident as will leave no room to your Lordships to believe this Noble Lords Protestations In the next place my Lord is pleased to alledge and withal to lay some weight upon it the voluntary surrendring of himself to Justice and he laid it down as a Rule that as Flight is an argument of Guilt so the Surrendring of a mans self to the Trial of the Law is an argument of Innocency My Lords We admit the Rule generally to be true but in some particular Cases it may be otherwise for a Man that is not very confident of his own Innocency may yet be very confident of the strength of his Party and whether the consideration of the circumstances of Affairs as they then stood and the power and prevalency of the Popish party at that time might not reasonably create such a confidence in this Noble Lord we must leave to your Lordships Judgment My Lords We do conceive that those Persons who contrived Sir Edmundbury Godfrey's Murder had so great Confidence in the favour and protection of some of their Party that they thought themselves able to out-face Justice And we verily believe they intended it as an example to deter all Men from medling so much as with the taking an Examination concerning this Horrid Plot. My Lords I desire to be understood aright in this I lay nothing of the Death of Sir Edmundbury Godfrey to the Charge of this Noble Lord I only use it as an Argument of the presumption of the Popish party at that time My Lords In the next place my Lord Stafford did observe from my Lord Coke that in the Tryals of Treasons we ought very much to guide our Judgments by the Nature and Circumstances of the Fact the Concomitants and subsequents as he termed them with Reference to the Person accused whether they were likely to induce or deter him from such an Attempt and here he was pleased to raise some Arguments from the whole course of his Life and did desire your Lordships to consider those Circumstances therein that might make it improbable or impossible that he should commit a Treason of this Nature He desired also your Lordships to remember that he was descended from an Honourable Family and that his Ancestors were very worthy and very deserving Persons and such as had often ventured their Lives in defence of their Country And here he did likewise mention his own Services to the last King and our present Soveraign in the late Wars It is not my part nor will I derogate any thing from the Merits of this Noble Lord much less from the Honour of his Family but in Answer to this we shall desire your Lordships to consider that this Noble Lord however he is pleased to disown it at present is notoriously known to be a Roman Catholick as they call themselves and such we conceive we have sufficiently proved him to be in the course of our Evidence And as there is nothing in the World so much as a misguided Conscience that can ingage the best of Men into the worst of Actions so we think the Principles of that Religion are such as are more likely to pervert Men from their Duty and Allegiance than any other Religion or Perswasion whatsoever And if the Zeal of this Noble Lord did engage him to endeavour the establishment of that Religion in this Kingdom we may easily believe that his Reason did suggest to him the means by which it must be effected which could be no other but Blood and Confusion My Lords The last thing I shall take notice of is what my Lord Stafford was pleased to say in General as to the Doctrine of Killing and Deposing Princes which his Lordship was pleased to call a private Opinion and not the Doctrine of the Church of Rome But by the way my Lords give me leave to observe that this Noble Lord did upon this occasion fully own and I much commend his Ingenuity in it the reality of the Gun Powder Treason since we know how much that Party have endeavoured to render it Incredible and as length of time hath so fully manifested the particulars of that Execrable Design that it hath brought such as are of that Perswasion to confess the truth of it so we hope this days Tryal will convince both the Age we live in and all Posterity of the Truth and Reality of this present Conspiracy But to go on with that Point from which I did digress I am not I confess much versed in the Canons and Councils of the Church of Rome but my Lords this I know the most famous and celebrated Writers of that Church especially of the Society of the Jesuits have publickly avowed and maintained this Doctrine And we know in all times when there hath been occasion to put it in practice it hath never failed to have been attempted and we likewise know that the Church of Rome and the Pope have always avowed the Acts when they have been done From all which we might very reasonably conclude that it is the Doctrine of that Church so to do But my Lord is pleased to say and admit for Truth That a great many private Writers do hold the contrary I believe it to be so but I do also believe that it is the Policy and Artifice of the Church of Rome to leave this Point of Doctrine in some measure undetermined that so they may make use of it as the occasion serves For if it succeeds then it is owned and justified if it miscarry then the Doctrine is but a private Opinion and the Plot but the Practice of particular Persons that are either desperate or discontented And I am fully of Opinion that This Horrid Conspiracy which is brought this day in Judgment before your Lordships wants nothing but Success to canonize it My Lords As to what concerns the Evidence it hath been so fully stated to You and the Objections that were raised to invalidate it so well answered that I will not trouble your Lordships with any Repitition of what hath been said already All we have further to desire is That your Lordships will please to take our Evidence into your Consideration and to do thereupon what shall be agreeable to Justice Mr. Serj. Maynard My Lords as to Matter of Fact I shall say nothing but only this and I wish it may be spoken with Gratitude to Almighty God that the Discovery of this Plot is rather the Work of God than Man It was first his Act in prevailing upon Oats to make the Discovery and when he stood single almost what came to support his Credit but the Letters of Coleman which were like a Tally to what Oats had said for what Oats informs is in a great part made good by his Letters
after having required from him all possible obligations of Secrecy he told him plainly what great benefits would accrew to himself and what advantage to the Catholick Cause if he would make himself and the Nation happy by undertaking to kill the King of England who was an Heretick and consequently a Rebel to God Almighty My Lord Stafford did believe the Witnesses did embrace this proposal warmly and therefore directed him to prepare to go for England and to go before hand from Paris to Deep where he would meet him and go over with him But it seems my Lord Stafford met with some diversion for he did not keep his word with him in coming and so this Gentleman being disappointed went over without him but fearing to be called upon to the same Service he returned back again suddenly and went into the French Army My Lords We shall produce these Witnesses against the Lord at the Bar and when they have proved to your Lordships what I have opened any one who was not acquainted with the Popish party would believe they would be at a loss how to acquit themselves from this Charge All manner of foul and indirect practices have been used by them to Terrifie to Corrupt and to Scandalize our Witnesses all manner of Objections have been made to our Evidence If the Witness does not come up to speak directly to every Point we are told he says nothing at all if he speaks directly they cry he is not to be believed Thus they have a ready answer to every Witness that has been or ever shall be produced either that he says nothing Material or that nothing that he says ought to have any Credit But we doubt not by this Tryal before your Lordships if we cannot stop their mouths at least to convince all the World besides of the reality of this Plot. It will be no wonder if their Confidence goes on still to frame Cavils They are used to scandalize the Government and they cannot give it over How often has His Majesty under his Great Seal published and declared this Conspiracy How often has he press'd His Parliaments to go on to bring the Conspirators to Punishment and at the opening of this very Parliament he says plainly That he does not believe himself safe from their Designs Your Lordships also have Voted the unquestionable Truth of the Plot and so have the Commons yet these men are so hardy as still to deny the plainest Truth so confirm'd as this hath been Nay My Lords Their Malice goes yet farther for they have been so Bold as to whisper up and down and industriously to spread Reports before the Trial as if this Lord at the Bar and the rest who are Impeached should certainly be acquitted We do hope to be able to detect the Authors of this great Scandal and the Commons doubt not of your Lordships Concurrence to assist them in bringing them to their deserved Punishment This is sure the first time that ever any sort of men presumed to Reflect upon the Justice of this High and Noble Court Your Ancestors my Lords did by their Honour Courage and Justice preserve our Ancestors The advantage of which We who are descended from them do now enjoy and We shall never have occasion to doubt in the least but that your Lordships will tread in their steps You have in your hands a great Opportunity to make your Zeal for Truth and for the Protestant Religion famous to Posterity No Artifice or Malice can Create the least Jealousie in us that ever your Lordships should shew any Partiality or Injustice to the Commons of England To your Judgement this Cause is submitted and when we have your Judgement we doubt not but we shall drive Popery out of this English World My Lords We shall go on to the proof of our Cause and I hope this will be a happy day to us and the whole Protestant Interest Then Mr. Treby also one of the Committee appointed for the Management of the Evidence began as followeth My Lords THese two Learned Gentlemen have fully discharged their Province I shall proceed to call our Witnesses to give their Testimony But before we produce them your Lordships will be pleased to take notice that our Evidence will consist of Two Parts general and particular the general to shew the Universal Conspiracy the particular to shew what special part this Noble Lord the Prisoner at the Bar had in it And though in the first part my Lord Stafford may not be particularly named yet that Evidence will be pertinent and proper for us to give in this Trial of my Lord Stafford for we charge him not with the Private Treason wherein he with his immediate Complices only might be concerned but it is a Treason of the Popish Faction or at least the Principal and Active Papists We lay it in our Articles of Impeachment That there was an Execrable Plot contrived and carried on by the Papists and that the Conspirators acted diverse Parts and in diverse places beyond Sea as well as here It was a Treason that did best●ide two Lands England indeed was the thing aimed at the destruction of the Religion Government and Liberty of England was the End but the Means and Instruments were not Collected here only but part of them were to be brought in from abroad This is an Enterprise too extensive to be intirely manag'd by a Single Nobleman And though we look upon my Lord Stafford as a great Malefactor yet we cannot think him so great a Man as to be able within his own Sphere to compass this whole Design Should we not take this course of Evidence first to prove the General Plot it might be a great and just objection in my Lords mouth to say You charge 〈◊〉 with a Design of Subverting the Kingdom how is that possible to be undertaken by me and those I have had opportunity to converse and confederate with a mighty part of the Catholick World had need be engaged for such a purpose My Lords If this would be a material Objection from this Lord then will it be requisite for us to obviate and prevent the Objection by shewing first that there was such a grand and universal design of Papists in which this Lord was to co-operate for his distinct share though perhaps when we descend to our particular Evidence it will appear that his part hath been great and manag'd with malice as great as any My Lords We shall begin with a Witness a Gentleman whose Education has given him the opportunity of knowing the inside of their Affairs and we presume he will give you a satisfactory account his name is Mr. John Smith Lord High Steward What do you call him to Gentlemen Mr. Treby To the General Plot my Lords Lord Stafford May it please your Lordships I know not who he is nor his Name I humbly beseech your Lordships that this Witness who ever he be and all the rest that have any thing to
knowledge Sir John Trevor Then the next Witness we desire may be called is Mr. Bernard Dennis Mr. Serj. Maynard This Witness we call now is to confirm what Dr. Oats hath said that he was at Validolid and other places in Spain he will be short Lord High Steward Call you Oats again Sir Franc. Winn No my Lord We call Dennis to confirm what Dr. Oats hath said He hath given your Lordship an account that he was in Spain we now produce one that saw him when he was there and so confirms the Evidence given by him Then Mr. Dennis was sworn Mr. Treby Mr. Dennis Do you give their Lordships an Account of your Discoursing with Dr. Oats in Spain or any where else abroad and where L. H. Steward Stay a little Do you know Mr. Oats Mr. Dennis Yes my Lord. L. H. Steward How long have you known him Mr. Dennis I knew him in the year 77. L. H. Steward Where Mr. Dennis At Validolid L. H. Steward Did you see him there was he a Student there Mr. Dennis Yes my Lord. Lord High Stew. Was he known by the name of Oats Mr. Dennis Yes my Lord he was Sir Franc. Winn. My Lord We desire he may tell his knowledge of Mr. Oats what conversation he had with him in Spain Mr. Dennis My Lords I was in Spain in the City of Victoria and leaving the City of Victoria in the month of June I took my course to Madrid and passing through the City of Validolid going into the Convent of the Dominicans there came an Irishman a Priest of Ireland out of the City to seo me and there he told me there was a Student of the Jesuits by name Mr. Oats an Englishman and I understanding this went into the Colledge of the Jesuits to see Mr. Oats and there had conversation with Mr. Oats and in the conversation I had with him there he told me that he was a Vicar in Kent and that he was Chaplain to a great Nobleman in England by name Howard and that he went out of England by the consent of the Jesuits in England being converted by them to the Roman Catholick Faith and that his going into Spain was to fit himself for the Society of the Jesuits and understanding my resolution was to go to Madrid he did desire me to carry a Letter to the Archbishop of Tune one James Lench an Irishman who lived at Madrid and further he lent me four pieces of Eight to defray my Journey to Madrid and desired me to pay the money to the Procurator of the Jesuits at Madrid and in carrying this Letter to the Archbishop when I came there I got a Dominican Fryer of Ireland by name Humphry Delphin to go with me and see the Archbishop at his lodging and going in I delivered him the Letter in the presence of the Dominican and he perused it in my presence and in the presence of a Priest that waited upon him and finishing the Contents of the Letter as I suppose with a smiling Countenance he turned about and said Sirs the Contents of this Letter is that Mr. Oats is desirous to receive the Order of Priesthood from me or at my hands and if it be so it will be much in our way and this man will be a fit man for our purpose for said he further Dr Oliver Plunket Primate of Ireland is resolved this year or with the next Convenience to bring in a French Power into Ireland and thereby to support the Roman Catholicks in England and Ireland and if it please God I my self without any delay will go into Ireland to assist that pious Work All this Discourse between us and the Archbishop and between Oats and me was in July 77. And there I did speak and converse with Mr. Oats All this I can testifie for truth on the behalf of Mr. Oats who was then a Student in the Colledge of Validolid and had no other name nor title Mr. Foley I desire himself may tell your Lordships what Religion he is of Lord High Steward What Religion are you of Mr. Dennis I am a Dominican Fryer my Lord. Lord High Steward Are you Mr. Dennis My Lords I am Lord High Steward At this time Mr. Dennis Yes my Lords Mr. Serj. Maynard He hath a Pardon my Lords Mr. Treby This hath been controverted my Lords whether Mr. Oats ever was in Spain we desire to make it out plain to the world for the Confirmation of his Evidence Therefore we ask him again Do you know the person of Mr. Oats Mr. Dennis Yes I do Mr. Treby Is this person that gave Evidence last before you the same person you saw at Validolid Mr. Dennis Yes it is Mr. Sacheverel My Lords we desire to ask of him why he had the four pieces of Eight of Mr. Oats Lord High Steward Why had you that money of Oats Mr. Dennis For to defray my Journey to Madrid Lord High Stew. Was that all you had Mr. Dennis Yes my Lords Mr. Sacheverel We pray he may be asked how he came to be so needy Mr. Dennis My Lords I was not altogether needy but it is very certain Religious persons especially of my Order cannot carry any money about them but what is requisite for their Journey and that which may be removed from place to place Sir John Trevor I desire to ask him did he see any more money that Dr. Oats had Mr. Dennis I did see Dr. Oats in his Chamber in the Colledge at Validolid when he delivered me the four pieces of Eight to draw out a Drawer of a Table in his Chamber and out of the Drawer he pulled a Bag of money which was a very considerable Sum of money and I am certain he did not want money there then Mr. Treby My Lords I think we have done with him if my Lord please to ask him any Question he may Lord Stafford But only one Question for I never saw the man in my life I desire he may be asked whether he be still of the Romish Religion Sir John Trevor My Lords We have not yet done with him the Question we would ask him is this whether he hath heard of any money that was gathered in Ireland for the support of this Plot Lord High Stew. The Question asked of you have you heard of any money gathered in Ireland for the support of this Plot Mr. Dennis I have both heard and seen of it Lord High Steward When and where Mr. Dennis My Lords in the year 68. I entred into the Order of the Dominicans in Ireland and in the same year there arrived at Dublin a Franciscan Fryer Brother to the late Earl of Carlingford and arriving there he made several Collectors for the levying a competent sum of money out of every Convent and Religious House My Lords the Collectors were by name John Reynolds alias Landy and John Berne and arriving at the County of Sligoe in the month of May. Lord High Stew. What year Mr. Dennis 68. And
to give some Reasons to your Lordships why those Laws that were against them should be repealed as well Protestant Dissenters as those of the Church of Rome and why they should have some kind of Toleration among whom you did permit those of the Romish Religion to appear too I forget their Names And I remember particularly one of the forts of them an Anabaptist I think did urge for a Reason that which is a great truth that they held Rebellion to be the Sin of Whitchcrast I believe it is as bad as any Sin can be My Lords that came to nothing at that time but my Lords I believe that after that all of all Religions had Meetings among themselves to endeavour to get that Toleration which they proposed humbly to your Lordships there I will never deny my Lords that my Opinion was and is that this Kingdom can never be happy till an Act of Parliament pass to this Effect it was my Opinion then and I did endeavour it all I could that the Dissenting Protestants might have a Comprehension and the other a Toleration I acknowledge it to be my Intention and I think it was no ill one for if that be a true Copy of the Commons Votes which is in Print there is some such thing designing there as a Comprehension and I was of Opinion that it were sufficient that such as were of the Church of Rome might by Act of Parliament serve God in their own Houses and privately in their own Way not in publick and that for it they should pay something to the King out of their Estates but truly not much That they should be severely punished if they or any of them did endeavour to persuade any Subject to their Opinion or did come to Court or enjoy any Office whatsoever though it were but that of a Scavenger but that they should pay their proportion to all chargeable Offices That I profess my Lords was my Opinion and I confess to your Lordships 't is so still I was in some hopes that it would have been done in that Sessions because I was afraid it was unlikely to be done at any time else I confess to your Lordships I was heartily and cordially against the Test because it hindred those just and honest things that were for the Good of the Kingdom My Lords there was the first or or the second Day brought into your Lordships House the Record of Mr. Coleman's Tryal and for the Letters in it I do my Lords declare to your Lordships I never read of one of them before but I have read them since they have been in Print And when I read them first cursorily over my Opinion was and is That Coleman's endavouring by Money out of France and keeping off the Parliament to get a Toleration was that which he could not justifie by Law how fat it was Criminal that I do not know I am not so skilled in the Law I think it was not justifiable but he hath paid for it severely since My Lords I do declare that ever since I had the Honour to fit among your Lordships which is now 40 Years for in the Year 1640. I was by His Majesties favour called up a Peer I have valued my self upon the Honour of sitting with you and I do declare when I have sat in this House when your Lordships have desired the King when it was hot weather and unseasonable to put off the Sitting of the Parliament I was never glad of it but sorry when they were prorogued but for a short time This I profess is true and I hope I am no Criminal in it for I do value the Parliaments Sitting to be the only means to keep this Kingdom quiet My Lords 'T is very true by Coleman's Letters and what I have seen in print since I do believe there have been some Consultations for a Toleration and if I had known as much then as I have since I have been in the Tower I had perhaps prevented many things for my Lords I hold England to be a great and an happy Body but it is as other great Bodies are it may be now as you know before it was over-grown or sick it was then and I pray God it be not now but I hold nothing can cure it but that old English Physician the King your Lordships and the Commons in Parliament assembled But if I had known any such Design as Coleman's Letters do hint I would not have continued in England My Lords For that damnable Opinion of King-killing if I were of any Church whatsoever and found that to be its Principle I would leave it My Lords this is as true as I can speak any thing in the world I beg your Lordships pardon for troubling you with my impertinencies and hope you pardon it to my weakness My Lords I do profess before Almighty God and before your Lordships my Judges I know no one tittle nor point of the Plot and if I did I hold my self bound to declare it For the present I shall say little more unless the Managers give me occasion if they will reply and make any Objections I desire I may answer them I know the great disadvantages I am under when these Gentlemen who are great Scholars and Learned Men reply upon me who have those great helps of Memory Parts and Understanding in the Law all which I want And therefore I hope your Lordships will dot conclude me upon what they or I have said but will be pleased to debate the matter among your selves and be as well my Counsel as my Judges My Lords when I offer to your Lordships matter of Law I did in no wise admit the matter of Fact Lord High Steward My Lord I cannot hear you Lord Stafford My Lords if your Lordships please that Paper may be read Lord High Steward Deliver your Paper in my Lords cannot hear Lord Stafford I cannot ●eny to your Lordships that what happened to me on Saturday night disturbed me very much Every day since I came ●●ther there hath been such shouting and houting by a Company of barbarous Rabble as never was heard the like I believe but it was at a distance most of the time and so it did not much concern me But Saturday night it was so near and so great that really it hath disturbed me ever since it was great to day but at a distance if it were not thus I should not offer a Paper to be read I scarce know what I do or say considering the Circumstances I am in Lord High Steward Take my Lords Paper and read it Sir Thomas Lee. My Lords I desire you will please to consider whether this may not introduce a new Custom by reading of this Paper As to what my Lord is pleased to say I am sorry for the occasion that any disturbance should arise to my Lord from the Rabble or any one else I hope his Lordship believes we cannot help nor do we contribute to that