that

a

lord and this informant. Upon which, Har court told this informant, that if he did not like going into France, he should go to Flo rence, where the said lord Arundel had great interest.' And this informant saith, That the ord Arundel he means by this information is squint-eyed, and hath a kind of a wart upon bis nose. And this informant further saith, That as to what he gave the House of Peers an account of, as to Mrs. Elliot and Mr. Thomp son, concerning some circumstances relating to the duke of York, and the five guineas received by Mr. Thompson's hand by this informant near St. James's House, this informant refers himself to the informations taken before Mr. Justice Rich. And further at present saith "WILLIAM Lewis.”

not.

Signed and acknowledged, in the presence of

TIMOTHY BALDWIN.
PR. RICH.

EDMOND WARCUPP.

November 23.

Ordered, That it be, and is hereby, referred to the lords committees for privileges, to advise and consider of what directions, rules, and ine thods, are fit to be observed, for preservation of order and regolarity in the trial of the lord viscount Stafford, now to be tried, together with all such circumstances as occur in such trials, and make report unto the House.

November 26.

Ordered, That his majesty's surveyer gene.

and Grove desired this informant to send to him where he should meet him; and Jones did, after the meeting aforesaid, say, That Kelly was one of the number aforesaid.' The next day this informant sent to Grove, to come to him to a tavern near his own house; and thence went to the Plow Alehouse at Somerset Water Gate, where the said Jones met him. And this informant there told Grove, he had bought a horse, to go into the earl of Oxford's guards; and if he should omit his opportunity, and go along with him and miscarry, it would be to this informant's prejudice.' And thereupon the said Grove answered, this informant need not fear any thing, but should be made a man for ever; for you shall have the best persons in England engage for what is promised unto you.' Whereto this informant replied, How shall I be sure of that? I have yet nothing but the bare word.' Whereupon the said Grove took a manual and his beads out of his pocket; and swore, person of quality should come himself, and en-gage his honour that what was promised, should be performed;' and directed this informant the next day to meet him in Somerset House Chapel; and if that were not open, to walk about the coach houses, about nine in the morning; which was in or about the month of May, 1678, being about three or four months before the Plot was discovered. And the said Grove then met this informant before the said coach houses, and took this informant with him to the said Plow Ale-house; saying, the person of quality would not come till the after-ral be, and is hereby, requi ed to view the court noon; and desired this informant to meet him at four in that afternoon, in the same place; where he met this informant, and conducted him to the Piazza, or arched place, in the garden of Somerset House; and there was Harcourt, Fenwick, and Pickering, who walked with this informant and Grove about two hours; at which time a person came down the stairs, and asked, Which was the man? To which Grove auswered, This is he;' shewing this informant. Upon which, the said person, whom this informant knew to be the lord Arundel, though they pretended was the lord Bellasis; and the said lord Arundel took this informant from the company, and told this informant, that he was sensible that they had told this informant what he was to do.' Where upon this informant asked his lordship, What he was to do? Who replied in these words, You are to go along with Grove, to assassinate the king adding, you shall have 1,500l. paid you as soon as the business is ef fected; and if you will tarry in England, you shall have a commission in the Catholic army which is to be raised; otherwise you shall be safely transported into France, or where you please; and thereupon gave this informant a guinea; and so my lord left this informant. And then Grove asked this informant, Whether he was satisfied? And this informant answered, Yes;' and then repeated all the discourse that had passed between the said

and scaffolds prepared in Westminster hall, for the trial of the lord viscount Stafford, and see that they be strong and firm; and give this House an account thereof on Monday next, at nine of the clock.

Ordered, That the lord great chamberlain, or his deputy, be, and is hereby, desired to take care that the places in Westminster hall behind the lords, be kept for peeresses and their daughters, at their trial of the lord viscount Stafford.

November 27.

The House took iuto consideration the mes sage brought yesterday from the House of Cammons, "That this House would appoint a com mittee, to join with a committee of the House of Commons, for the adjusting the methods and circumstances in the trials of the lords in the Tower."

The question being put, "Whether a com mittee of this House shall be appointed, to meet with a committee of the House of Com nons, to adjust the methods and circumstances of the trial of the lord viscount Stafford ?" It was resolved in the affirmative.

Then the House named these Lords following, to be a committee to join with a committee of the House of Commons to adjust the me thods and circumstances of the trial of the lord viscount Stafford.

E. of Salisbury, E, of Essex, E. of Aylesbury,

the lord Wharton, and the lord Howard of Esc. That, as to the question, Whether the comOr any three of them; to meet this afternoon, mission of the lord high steward be the same at three of the clock, in the inner Court of now, as it was the last parliament; the Lords Wards. committees answered, that the commission difA message was sent to the House of Com-fers not from that which passed in the last parmons, by sir Timothy Baldwyn and sir Samuel Clerke:

Sir William Jones reports, from the committee appointed to meet with the committee of Lords, for the adjusting of methods and circumstances relating to the Trials of the Lords in the Tower, that the said committee did meet on Saturday last: And that the committee of "That, when the Commons should ask any lords being asked, by the committee of this question in the trial, They should apply themHouse, whether their lordships had any propo- selves to the Lord High Steward:" And that sitions to make to the said committee, touch- this committee made some exceptions thereunto, ing the methods and circumstances to be had they taking the Lord High Steward not as a in the Trials of the Lords in the Tower; their necessary part of the court, but only as the lordships made answer, that the Lords had sent Speaker of the House of Lords; alledging, down a paper to this House, containing seve-Tuat, when the Commons speak to the court, ral propositions; and that the Lords com- they ought to say, "My Lords," not " My. mittees knew of no other propositions. Lord, or Your Grace."

'debito Modo exerceantur et exequantur; ac

pro eo quod Proceres et Magnates in præsenti

HOUSE OF LORDS, November 30. The earl of Essex reported from the commit-Parliamento Nostro assemblat. Nobis humiltee of both Houses, "That yesterday their lordships agreed with the Commons, that the members of the House of Commons who are to manage the evidence against the lord viscount' of Stafford, at his trial, should speak to the Lords as a House, and not to the Lord High Steward.

6

6

lime supplicaverunt, ut Senescallum Angl, pro hac Vice constituere dignaremur; Nos, de Fidelitate, Prudentia, provida Circumspec tione, et industria vestris plurimum confidentes, ordinavimus et constituinius vos, ex hac 'Causa, Senescallum Angliæ, ad Officium illud, cum omnibus eidem Officio in hac Parte debit. et pertinen. (hac Vice) gerend, occupand. et exercend. Et ideo Vobis mandamus, quod circa Præmissa diligenter intendatis, et omnia quæ in hac Parte ad Officium Senescalli Ar

Upon which, it being moved, "That their lordships would consider, whether it be not fit to have his majesty's commission for a Lord High Steward read in this House, before an adjournment be made into Westminster Hall:"glæ pertinent et requiruntur, hac Vice, faciaIt was agreed to. tis, exercetis, et exequamini cum Effectu. In 'cujus Rei Testimonium, has Literas Nostras 'fieri fecimus Patentes.

Then a Commission for appointing a Lord High Steward for the trial of the lord viscount of Stafford, was read (all the Peers standing up uncovered), as followeth:

'CAROLUS R.

Teste Meipso, apud Westm. Tricesimo die Novembris, Anno Regni 'Nostri Tricesimo Secundo. Per ipsum Regem, propria Mann sig.

'nat.

"BALKER."

Then the Lord Bishop of Loudon, for him self and the rest of the Bishops, delivered in s Protestation; which they desired may be entered; which was read, as followeth:

"The Lords spiritual of the House of Peers do desire the leave of this House, to be absent from the trial of the lord viscount Stafford; by protestation, saving to themselves and their successors all such rights in judicature as they have by law, and of right ought to have."

Carolus secundus, Dei Gratia, Angl. Sco'æ, Franciæ, et Hiberniæ Rex, Fidei Defensor, ' &c. Prædilecto et Fideli Consiliario Nostro He'neagio Dom. Finch Dom. Cancellario Nostro " Angliæ, Salutem: Cum Will'us Comes Powis, Will'us Vicecomes Stafford, Henricus Dominus Arundell de Wardour, Will'us Dominus Petre, et Joh'es Dominus Bellasis, coram 'Nobis in Parliamento, per Milites, Cives, et 'Burgenses, in Parliamento Nostro assemblat, 'de Alta Proditione, et aliis atrocissimis Cri'minibus et Offensis, per ipsos Will'um Comitem Powis, Will'um Vicecomitem Stafford, "Henric.. Dominum Arundell de Wardour, Will'um Dominum Petre, et Joh'em Dominum Bellasis, commiss. et perpetrat. in Nomine ipsorum Militum, Civium, et Burgensium, et Nomine omnium Communium Regni • Nostri Angliæ, impetiti et accusati existunt; 'Nos, considerantes quod Justitia est Virtus ex'cellens, et Altissimo complacens, volentesque quod prædictus Will'us Vicecomes Stafford, 'de et pro Proditione et aliis Criminibus et Of 'fensis, unde ipse (ut præfertur) impetitus et 'accusatus existit, coram Nobis, in præsenti Then the House was adjourned into WestParliamento Nostro, secundum Leg. et Con-minster-hall; whither the Lords went, in that suetudio. hujus Regni Nostri Anglˇet secun-order as they have directed; Garter king at dum Consuetudinem Parliamenti, audiatur, arms calling them in their due places by a

Then in regard of the age and weakness of the lord viscount Stafford, it was agreed, that his lordship should be permitted to have a stool or chair to sit on.

The House having taken into consideration the formalities to be observed in the proceedings at the trial of William lord viscount Stafford in Westminster-hall; agreed, That the serjeant at arms be continued in the House, to make proclamations which are to be made in the king's name.

' examinetur, sententietur, et adjudicetur, cælist.

The Trial of WILLIAM Viscount STAFFORD,* before the Lords at on an Impeachment for High Treason, A. D. 1680,

Westminster,

32 Car. II. November 30,

THE FIRST DAY.

WILLIAM earl of Powis, William viscount Stafford, Henry lord Arundel of Wardour, William lord Petre, and John lord Bellasis, having been formerly impeached in the House of Lords, of High Treason, and other high crimes and offences, by the House of Commons, in the name of themselves, and of all the Com-that purpose erected, the same was as followeth : mons of England:

And the House of Commons having sent a Message to the Lords, to acquaint them with the

resolution of that House, to proceed to the Trial of those Lords, then in the Tower, and forthwith to begin with the said viscount Stafford, and to desire their lordships to appoint a convenient day for the Trial of the said viscount Stafford: Their lordships did thereupon appoint the 30th day of November 1680, for his Trial. And a place in Westminster-hall having been for viz. Therein were both seats and wool packs, correspondent in all points to those in the House of Lords; as also a state placed at the "The other great business of this parlia- deemed to be weaker than the other Lords in ment was the Trial of the viscount of Stafford, the Tower, for the same crime, and less able who was the younger son of the old earl of to labour his defence, was purposely marked Arundel, and so was uncle to the duke of Nor- out to be the first brought on; but be deceived folk. He was a weak but a fair conditioned them so far as to plead his cause to a miracle. man he was in ill terms with his nephew's The three chief evidences against him, were family and had been guilty of great vices in Dr. Oates, Dugdale, and Turberville: the first his youth, which had almost proved fatal to swore that his lordship had brought him a him he married the heiress of the great commission signed by the pope, to be payfamily of the Staffords. He thought the king master of the army to be raised against the had not rewarded him for his former services king; and the second that he had offered him as he had deserved: so he often voted against five hundred pounds to kill the king; and the the court, and made great applications always third, that he had offered him a reward for to the earl of Shaftesbury. He was in no good the dreadful deed, but at a different time. And terms with the duke; for the great considera- so positive seemingly were they in this and other tion the court had of his nephew's family made dangerous evidence, that I, who sat and heard him to be the most neglected: When Oates de- most of the trial, had not known what to think posed first against him, he happened to be out had the witnesses been but men of any the of the way: and he kept out a day longer. least credit; but indeed such were the incoheBut the day after he came in, and delivered rences, and indeed contradictions which seemed himself: which, considering the feebleness of to me to arise towards the latter end, that conhis temper, and the heat of that time, was sidering them, and the very evil name of the thought a sign of innocence. Oates and Bed-people that swore against this lord, I was fully low swore, he had a patent to be paymaster general to the army, Dugdale swore, that he offered him 500l. to kill the king. Bedlow had died the summer before at Bristol. It was in the time of the assizes: North, Lord Chief Justice of the common pleas, being there, he sent for him, and by oath confirmed all that he had sworn formerly, except that which related to the queen, and to the duke. He also denied upon oath, that any person had ever practised upon him, or corrupted him: His disowning some of the particulars which he had sworn had an appearance of sincerity, and gave much credit to his former depositions. I could never hear what sense he expressed of the other ill parts of his life, for he vanished soon out of all men's thoughts." Burnet.

Sir John Reresby thus mentions this case: "Westminster-hall was the place, and I think it was the deepest solemnity I ever saw. Great were the expectations of the issue of this event, it being doubtful whether there were more who believed there was any plot by the papists in reality against the king's life, than not. He was impeached by the Commons, and being

satisfied that all was untruth they laid to his charge. But the poor gentleman was condemned by a majority of 22. He heard his accusers and defended himself with great steadiness and resolution, and received bis sentence with great courage and composure; nor did he stoop beneath the weight of his doom, till he submitted his head to the block, with his last breath protesting his innocence, and the cruel wrong he suffered. My lord Halifax was one that gave his voice for him; and the king, who heard all his trial, was extremely concerned at the ri gour and abruptness of his fate."-" The unfortunate lord Stafford came to the House of Lords, and was admitted under a notion that he had some discovery, or confession to make, concerning the popish plot: but instead of that, he only protested his own innocence, and accused lord Shaftsbury of a correspondence with the papists, and of sending him to the duke of York, to desire him to use his interest with the king to dissolve the long parliament, as the best thing that could be done to favour the popish interest, and so he was remanded back again.-Lord Stafford was led

upper end thereof, with a cabinet for the king, and whom his majesty should think fit to attend him there, on the right hand the state; and the like on the left hand, for the queen and her followers; as also galleries over head for ambassadors and others.

And to the end that the Commons might be fitted with seats upon this great occasion, there were erected for them on each side, divers benches, on several degrees, extending to the utmost walls of the Hall.

At the lower end the bar whereunto the prisoners were to be brought being placed, on the right hand thereof was a place raised about five foot, wherein the witnesses were to stand; and on the left hand a convenient room for those particular members of the House of Commons who were to manage the

evidence.

the serjeant at arms with his mace, and the seal bearer; and lastly, the gentleman usher of the black rod, bearing the white wand; Garter principal king of arms going on his right hand.

Then his lordship alone, his train borne by one of his gentlemen. In this manner enter ing the House of Peers, he found all the Lords in their scarlet robes, also the Bishops in their rochets, and took his place upon the upper. most wool-sack.

This done, and prayers ended, his commis sion for Lord High Steward was read; and then the Bishops receded, and the Lords adjourned themselves into the new erected court in Westminster-hall.

All things being thus in readiness, and a large door-place broken through the upper end of Westminster-hall, into that room which was heretofore the Court of Wards:

on the left hand, into that called the Court of Wards; then entered at the door, so broke down as aforesaid, into Westminster-hall, and passed through a long gallery, placed between the King's-bench and Chancery Courts, into this new erected Court in Westminster-hall, and proceeded after this manner, viz.

First, the assistants to the clerk of the par liament.

And the right honourable Heneage lord Finch, Baron of Daventry, Lord High Chan- Their lordships passed from their House first cellor of England, being by his majesty's spe- into the Painted Chamber, then through that cial letters patent bearing date the 30th of No-called the Court of Requests; thence, turning vember 1680, constituted Lord High Steward for that present occasion; upon Tuesday the said 30th of November, the Lord High Steward was honourably attended from his house in Queen street by all the judges of his majesty's courts in Westminster Hall, in their robes; as also by Garter principal king of arms, in his majesty's coat of arms, and the gentleman usher of the black-rod, unto whom his majesty had before delivered the white wand, to be carried before his lordship and about nine of the clock in the morning set forward in his coach towards Westminster, sitting at the hinder end thereof, Garter and the gentleman who bore the great seal sitting both uncovered at the other end; one of the serjeants at arms, with his mace, being placed on the right side the coach, and the usher of the black rod, carrying the white wand, on the left side; the judges and his lordship's gentlemen in several coaches following after.

:

Being thus come to the stairs-foot, ascending to the House of Peers, the judges went up two and two together (the juniors first); next the Lord High Steward's gentlemen ; after them

Then the clerk of the crown in chancery, and clerk of the parliament; after them the masters in chancery two and two, and the king's attor ney-general alone.

Then the Judges of all the courts in Westminster-hall, by two and two.

Next to them the noblemen's eldest sons. After them four serjeants at arms, bearing their maces.

Next the gentleman-usher of the black-rod. Then all the noblemen, according to their respective degrees, the juniors first, viz. barons, viscounts, earls.

Great officer, viz. Lord Chamberlain of the household. Marquisses, dukes.

Great officers, lord privy seal, lord president of the council.

Then four more serjeants at arms, bearing their maces.

After them, the gentleman carrying the great seal.

Then one of his majesty's gentlemen ushers, daily waiters, carrying the white wand; Garter principal king of arms, going on his right hand.

to the scaffold on Tower-bill, where he persisted in the firmest denial of what was laid to his charge, and that in so cogent, convincing, and persuasive a manner, that all the beholders believed his words, and grieved his destiny." In other parts of his Memoirs Reresby informs us, that on October 23, 1678, the king told him at the duchess of Portsmouth's lodgings, the Lord Treasurer also being present, that he took Oates's account of the tragedy of sir Edmundbury Godfrey, his getting admittance to the Jesuits College at St. Omers, &c. to be some artifice, and that he did not believe one word of the This done, and the whole House of Peers whole story and that on the 21st of November having taken their places according to their defollowing, the king farther told him, that Bed-grees, the Commons being also seated on each low was a rogue, and that he was satisfied he had given some false evidence concerning the th of sir Edmundbury Godfrey.

1

Then the Lord High Steward alone, having his train borue; and after him his highness Rupert duke of Cumberland, a prince of the blood.

side, and the managers in the rooms appointed for them; the Commons being all bare, the Lord High Steward, after obeisance made to